Journal №3 (7) / 2014|KELM

KOLEGIUM REDAKCYJNE Spis treści Tytuł

WYKAZ ZAŁĄCZONYCH PLIKÓW

VALUE CONCEPTS OF "SOCIAL ADAPTATION" AND "RESOCIALIZATION" OF PEOPLE RELEASED FROM PRISON

S. Czerneta

docent
katedry pedagogiki socjalnej oraz pedagogiki szkoły wyższej
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki, doktor nauk pedagogicznych ( Łuck, Ukraina)

Anotation. The provisions of the article containing research correlation between social adaptation and reintegration which allowed the author to identify three types of social adaptation of persons released from prison, namely: social, psychological and career. And on this basis, to offer copyright determining the characteristics of the social adaptation of persons released from prison.
Keywords: The provisions of the article containing research correlation between social adaptation and reintegration which allowed the author to identify three types of social adaptation of persons released from prison, namely: social, psychological and career. And on this basis, to offer copyright determining the characteristics of the social adaptation of persons released from prison.

FEATURES PROCEDURAL REALIZATION OF THE PRINCIPLES THAT PROTECT HONOR AND DIGNITY IN THE APPEAL PROCEEDINGS"

O. Dydycz

asystent
katedry postępowania karnego
Odeskiej Narodowej Akademii Prawniczej (Odessa, Ukraina)

Anotation. The article discusses features of the implementation of procedural principles that protect the honor and dignity of appeal. Outlines the problem issues of fundamental principles in the review of judicial decisions which do not come into force. Specifically discussed principles: respect for human dignity, the right to liberty and security of person, home or other property, secret communication, non-interference in private life, inviolability of property rights, freedom from self-exposure and the right not to testify against close relatives and members of the families her, the right to protection. Suggested some ways to solve problems.
Keywords: The article discusses features of the implementation of procedural principles that protect the honor and dignity of appeal. Outlines the problem issues of fundamental principles in the review of judicial decisions which do not come into force. Specifically discussed principles: respect for human dignity, the right to liberty and security of person, home or other property, secret communication, non-interference in private life, inviolability of property rights, freedom from self-exposure and the right not to testify against close relatives and members of the families her, the right to protection. Suggested some ways to solve problems.

THE EDUCATIONAL PROCESS IN SECONDARY SCHOOL THROUGH PARENTS EYES

O. Flarkovska

Kierownik
oddziału wsparcia metodologicznego badań monitoringowych
Instytutu Technologii Innowacyjnych i Treści Oświaty Ministerstwa oświaty i nauki Ukrainy (Kijów, Ukraina)

Anotation. This article is devoted to the results of a survey study of parents of pupils of secondary schools on the formation of readiness for creative self in adolescence during extracurricular educational work. The article focuses on the need to develop creative self-realization. Defined the conditions necessary for the formation of readiness for creative self-adolescents and the features of formation of readiness for creative self in adolescence. The article states that educational public school system should be aimed at develop self-realization the creative person, the development of initiatives to meet the needs and abilities.
Keywords: This article is devoted to the results of a survey study of parents of pupils of secondary schools on the formation of readiness for creative self in adolescence during extracurricular educational work. The article focuses on the need to develop creative self-realization. Defined the conditions necessary for the formation of readiness for creative self-adolescents and the features of formation of readiness for creative self in adolescence. The article states that educational public school system should be aimed at develop self-realization the creative person, the development of initiatives to meet the needs and abilities.

CIVIL LEGAL WAYS OF PROTECTION THE SIDE’S RIGHTS IN THE HOUSING SALE CONTRACT IN UKRAINE

O. Ilkiv

wykładowca
katedry nauk cywilnoprawnych
Międzynarodowego Uniwersytetu Nauk Ekonomicznych i Humanistycznych im. S. Demianczuka (Równe, Ukraina)

Anotation. This article analyzes civil legal ways that protect the side’s rights in the housing sale contract in Ukraine. We investigate the use of certain methods that protect violated rights and interests. Also investigate the legal consequences of non-fulfillment or improper fulfillment side obligations in the housing sale contract. Grounded suggestions for improving the legal regulation mechanism of the violated side’s rights.
Keywords: This article analyzes civil legal ways that protect the side’s rights in the housing sale contract in Ukraine. We investigate the use of certain methods that protect violated rights and interests. Also investigate the legal consequences of non-fulfillment or improper fulfillment side obligations in the housing sale contract. Grounded suggestions for improving the legal regulation mechanism of the violated side’s rights.

THE MECHANISM OF FORMATION OF JUDICIAL DISCRETION

O. Jacenko

doktorant
katedry postępowania karnego oraz kryminalistyki
Akademii Adwokatury Ukrainy (Kijów, Ukraina)

Anotation. Based on the doctrinal teachings of the application of the law, made an analysis of the mechanism of formation of judicial discretion as an orderly process, the allocation of the components of this process, the determination of their nature, characteristics and order interaction.
Keywords: Based on the doctrinal teachings of the application of the law, made an analysis of the mechanism of formation of judicial discretion as an orderly process, the allocation of the components of this process, the determination of their nature, characteristics and order interaction.

THE PROBLEM OF APPEAL DECISIONS OF ACTS OR OMISSIONS INVESTIGATOR, PROSECUTOR DURING THE PRELIMINARY INVESTIGATION

O. Kerevycz

zastępca kierownika oddziału GWS MSW Ukrainy Doktor nauk prawnych, docent
(m. Kijów, Ukraina)

Anotation. Investigated procedural order appeal against decisions, actions or inaction prosecutor during the preliminary investigation, which aims to provide speedy judicial protection of rights, freedoms and legitimate interests of the criminal proceedings. It was shown sequence of actions authorized in case of appeal against decisions, actions or in action prosecutor during the preliminary investigation under the new Criminal Procedure Code of Ukraine. Pointed out in the procedural and organizational problems of application of certain provisions of these institutions, the ways to solve them.
Keywords: Investigated procedural order appeal against decisions, actions or inaction prosecutor during the preliminary investigation, which aims to provide speedy judicial protection of rights, freedoms and legitimate interests of the criminal proceedings. It was shown sequence of actions authorized in case of appeal against decisions, actions or in action prosecutor during the preliminary investigation under the new Criminal Procedure Code of Ukraine. Pointed out in the procedural and organizational problems of application of certain provisions of these institutions, the ways to solve them.

VALUATION ECOLOGICAL EFFICIENCY DECISION MAKING FORESTRY

O. Koronczewska, O. Adamovsky

O. Koronczewska doktorant katedry ekonomii ekologicznej Narodowego Uniwersytetu Leśnictwa Ukrainy ( Lwów, Ukraina)
O. Adamovsky doktor nauk ekonomicznych docent katedry ekonomii ekologicznej Narodowego Uniwersytetu Leśnictwa Ukrainy ( Lwów, Ukraina)

Anotation. The study reveals a mechanism for evaluating the efficiency of ecological decisions in forest management (on the forest enterprise example). The basic principles and advantages of building ecological rating are grounded, ecological efficiency of management decisions in the rating valuation is proposed to be analyzed in two blocks. The first block – the system of management decisions ecological efficiency indicators (microenvironment), the second block – the system of environment values indicators state (macro environment). The first block parameters are developed and presented as a model of balanced system of indicators. Semantic load, target value and recommended measures for practical implementation of each component exposed.
Keywords: The study reveals a mechanism for evaluating the efficiency of ecological decisions in forest management (on the forest enterprise example). The basic principles and advantages of building ecological rating are grounded, ecological efficiency of management decisions in the rating valuation is proposed to be analyzed in two blocks. The first block – the system of management decisions ecological efficiency indicators (microenvironment), the second block – the system of environment values indicators state (macro environment). The first block parameters are developed and presented as a model of balanced system of indicators. Semantic load, target value and recommended measures for practical implementation of each component exposed.

FACTORS OF OPERATIONAL RESCUE SERVICE STAFF`S PROFESSOINAL BURNOUT IN UKRAINE

J. Kowrowsky

Wykładowca katedry Ochrony Cywilnej Instytutu Administracji Publicznej w swierze Ochrony Ludności Doktorant
Laboratoriumu Psychologii
Organizacyjną Instytutu Psychologii H.S.Kostyuka NAPN Ukrainy (Kijów, Ukraina)

Anotation. This paper presents theoretical and practical results of research problem of burnout in terms of professional work of rescuers, that deals with the results of analysis of empirical data regarding the identified significant relationships between micro-level factors (personal and professional, socio-economic, medical and main stages and symptoms of burnout. The author made an attempt to discover the essence of behaviors rescuers that burn. Special attention is paid to the personal-professional group factors of burnout rescuers.
Keywords: This paper presents theoretical and practical results of research problem of burnout in terms of professional work of rescuers, that deals with the results of analysis of empirical data regarding the identified significant relationships between micro-level factors (personal and professional, socio-economic, medical and main stages and symptoms of burnout. The author made an attempt to discover the essence of behaviors rescuers that burn. Special attention is paid to the personal-professional group factors of burnout rescuers.

Wydzial Prawa, Prawa kanonichnego i Administracij KUL (Lublin, Poland)

G. Lucyk

doktorant
katedry dyscyplin prawa karnego
Narodowego Uniwersytetu Spraw Wewnętrznych ( Lwów, Ukraina)

Anotation. Analyzed the verdicts of the courts which sentenced persons, guilty of committing crimes against labour human rights, on the basis of which identified some gaps in the legal regulation of these rights. Proposed upgrading of the existing sanctions regulations, which establish responsibility for crimes of this category
Keywords: Analyzed the verdicts of the courts which sentenced persons, guilty of committing crimes against labour human rights, on the basis of which identified some gaps in the legal regulation of these rights. Proposed upgrading of the existing sanctions regulations, which establish responsibility for crimes of this category

WAY OF COMMITTING OBSTRUCTION OF JOURNALISTIC ACTIVITIES

A. Matsola

doktorant
katedry prawa i postępowania karnego
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki, ( Łuck, Ukraina)

Anotation. The article is devoted to the characterization methods to commit criminal illegal obstruction of journalistic activities. On the basis of the disposition article 171 of the Criminal Code of Ukraine and the practice of its use by law enforcement agencies during the operation of the new Criminal Procedural Code of Ukraine, the author proposed criteria for determining undue influence on the media, clarified common ways to commit crimes of this kind.
Keywords: The article is devoted to the characterization methods to commit criminal illegal obstruction of journalistic activities. On the basis of the disposition article 171 of the Criminal Code of Ukraine and the practice of its use by law enforcement agencies during the operation of the new Criminal Procedural Code of Ukraine, the author proposed criteria for determining undue influence on the media, clarified common ways to commit crimes of this kind.

REGARDING THE PROBLEM OF CORRUPTION IN THE SPHERE OF TOURIST BUSINESS

I. Nesterova

starszy wykładowca
vwydziału karnoprawnych dyscyplin i prawa karnego międzynarodowego wydziału prawa europejskiego i orzecznictwa
Użgorodskiego narodowego uniwersytetu (Użgorod, Ukraina)

Anotation. In the article the author determines the place of tourism business as an object of perpetration acts of corruption. The author notes that corruption is one of the main institutions of the shadow economy in the tourism business, along with the shadow production of particular products, the shadow providing of tourism services; shadow sale of production in the field of tourism; misappropriation of budget funds; shadow incomes of tourism enterprises (including the shadow wage); shadow employment. The author analyses ways of committing corruption acts, methods and preventive measures for the struggle with the phenomenon.
Keywords: In the article the author determines the place of tourism business as an object of perpetration acts of corruption. The author notes that corruption is one of the main institutions of the shadow economy in the tourism business, along with the shadow production of particular products, the shadow providing of tourism services; shadow sale of production in the field of tourism; misappropriation of budget funds; shadow incomes of tourism enterprises (including the shadow wage); shadow employment. The author analyses ways of committing corruption acts, methods and preventive measures for the struggle with the phenomenon.

COMPLICITY IN THE CRIME IN CRIMINAL LAW OF UKRAINE AND POLAND: A COMPARATIVE LEGAL ASPECT

R. Orlovsky

doktor nauk prawnych docent
katedry prawa karnego
Narodowego Uniwersytetu Prawnego im. Jarosława Mądrego ( Charków, Ukraina)

Anotation. The article deals with the Institute of complicity in the aspect of comparative legal analysis of the norms of the Criminal Code of Ukraine and the relevant provisions of the Criminal Code of Poland. Legislative approaches concerning regulation of the Institute of complicity in the Criminal Code of both countries are analyzed. Their similarities and differences, both positive and negative aspects are set up. The absence of a legislative definition of complicity in the criminal law of Poland is ascertained, and, as a result, not providing to the sign of commonality the compulsory, and the admissibility of complicity in the crimes commited by negligence. Types of accomplices, their legal regulation and peculiarities of their liability are characterized. It is indicated on the lack of regulation in Criminal Code of Poland provisions on forms of complicity. Attention to the structural construction of the criminal laws of both countries regarding the regulation of the Institute complicity is paid to.
Keywords: The article deals with the Institute of complicity in the aspect of comparative legal analysis of the norms of the Criminal Code of Ukraine and the relevant provisions of the Criminal Code of Poland. Legislative approaches concerning regulation of the Institute of complicity in the Criminal Code of both countries are analyzed. Their similarities and differences, both positive and negative aspects are set up. The absence of a legislative definition of complicity in the criminal law of Poland is ascertained, and, as a result, not providing to the sign of commonality the compulsory, and the admissibility of complicity in the crimes commited by negligence. Types of accomplices, their legal regulation and peculiarities of their liability are characterized. It is indicated on the lack of regulation in Criminal Code of Poland provisions on forms of complicity. Attention to the structural construction of the criminal laws of both countries regarding the regulation of the Institute complicity is paid to.

MEANS ENSURING THE RIGHTS AND FREEDOMS IN CRIMINAL PROCEDURE LAW UKRAINE

O. Paholok

Doktorant
katedry postępowania karnego
Odeskiej Narodowej Akademii Prawniczej ( Odessa, Ukraina)

Anotation. The article is devoted to the means of ensuring human rights and freedoms in criminal legislation of Ukraine. Specifically considered criminal procedural guarantees as a form of protection of rights and freedoms, indicated their advantages and disadvantages. It is noted that these instruments have created a system that consists of the substantive and procedural legal means of simple and complex components category. The scientific challenge is the need to overcome the contradictions between the need for application of standards for ensuring human rights and freedoms and the lack of appropriate theoretical and methodological and scientificapplied basis the implementation of new approaches to the improvement of the means of ensuring human rights and freedoms in criminal and procedural legislation of Ukraine.
Keywords: The article is devoted to the means of ensuring human rights and freedoms in criminal legislation of Ukraine. Specifically considered criminal procedural guarantees as a form of protection of rights and freedoms, indicated their advantages and disadvantages. It is noted that these instruments have created a system that consists of the substantive and procedural legal means of simple and complex components category. The scientific challenge is the need to overcome the contradictions between the need for application of standards for ensuring human rights and freedoms and the lack of appropriate theoretical and methodological and scientificapplied basis the implementation of new approaches to the improvement of the means of ensuring human rights and freedoms in criminal and procedural legislation of Ukraine.

CONCEPTUAL BASES OF PSYCHOLOGY OF AGGRESSIVENESS ARE IN JUVENILE SUBCULTURES

W. Pavelkiv

doctor nauk psychologicznych, docent
katedry psychologii ogólnej i psychodiagnostyki, dziekan psychologо- przyrodnichego fakultetu
Rówieńskiego państwowego uniwersytetu humanitarnego (Równe, Ukraina)

Anotation. W artykule chodzi o psychologicznych właściwościach agresywności u nastolatków, które są członkami nieformalnych grup – nastolatkowych subkultur. Zrealizowano teoretyczną analizę problemu, wywiedziono bazowe konceptualne przepisy co do funkcjonowania agresji w nastolatkowych subkulturach różnych typów. Akcent naukowego poszukiwania zrobiono na studiowaniu zarysowanej problematyki w kontekście kulturalno-historycznej psychologii, w szczególności genetycznie-psychologicznej tradycji.
Keywords: W artykule chodzi o psychologicznych właściwościach agresywności u nastolatków, które są członkami nieformalnych grup – nastolatkowych subkultur. Zrealizowano teoretyczną analizę problemu, wywiedziono bazowe konceptualne przepisy co do funkcjonowania agresji w nastolatkowych subkulturach różnych typów. Akcent naukowego poszukiwania zrobiono na studiowaniu zarysowanej problematyki w kontekście kulturalno-historycznej psychologii, w szczególności genetycznie-psychologicznej tradycji.

MAJOR VIOLATIONS IN THE WORK OF THE POLISH TAX SYSTEM

P. Pomorski

Dr
Katedrze Finansow i Prawa Finansowego
Wydzial Prawa, Prawa kanonichnego i Administracij KUL (Lublin, Poland)

Anotation. The structure of this elaboration comprises a deepen description of incorectnesses of polish tax system within last years. A new tax system created since 1989 was based on principal elements deriven from West – European tax rules. However, a great deal of amendments introduced afterwards changed this system into a very inconsistent and complicated collection of tax regulations, which practical implementation causes many problems both for tax payers and for the budgetary system [a rapid growth of tax arrears and deficiency].

EUROPEAN IN LITERATURE: INTO THE QUESTION OF PERSONALITY’S EVOLUTION

L. Reva

kandydat nauk filologicznych, pracownik
naukowy Biblioteki narodowej Ukrainy im. W. I. Вернадского NAN Ukrainy ( Kijów, Ukraina)

Anotation. In article by Reva L. into the cultural and civilized phone across literature are investigate the role of personality. For the example of her evolution from the beginning of the Renaissance time XVII c. to our days we are to rush to clear up why individual- personality sometimes to lose his identical, to break in globalistik process, to send away for the models of literature.
Keywords: In article by Reva L. into the cultural and civilized phone across literature are investigate the role of personality. For the example of her evolution from the beginning of the Renaissance time XVII c. to our days we are to rush to clear up why individual- personality sometimes to lose his identical, to break in globalistik process, to send away for the models of literature.

VISUAL MODELING IN THE PROCESS OF THE VOICE DEVELOPMENT OF PEDOGOGICAL UNIVERSITIES STUDENTS

SIa TsZIN

National Pedagogical Dragomanov University, Kyiv, Ukraina

Anotation. The article reveals the content of visual modeling as means of development of the singing voice of pedagogical universities students within the teacher-student communication through which the purposeful activation of the necessary parts of the phonation apparatus could be achieved through visual means. Adjusts the process of sound formation which leads to the improvement of the student's artistic and technical skills.
Keywords: The article reveals the content of visual modeling as means of development of the singing voice of pedagogical universities students within the teacher-student communication through which the purposeful activation of the necessary parts of the phonation apparatus could be achieved through visual means. Adjusts the process of sound formation which leads to the improvement of the student's artistic and technical skills.

AIDS: QUESTIONS AND ANSWERS

R. Valetska

doktor nauk medycznych docent
katedry psychologii medycznej oraz bezpieczeństwa życia
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki ( Łuck, Ukraina)

Anotation. The article offers answers regarding the concept of HIV and Speed, ways of infection with human immunodeficiency virus, the main symptoms of HIV / AIDS clinical characteristics of HIV infection, stage manifestations, principles of diagnosis of HIV infection, AIDS prevention methods.
Keywords: The article offers answers regarding the concept of HIV and Speed, ways of infection with human immunodeficiency virus, the main symptoms of HIV / AIDS clinical characteristics of HIV infection, stage manifestations, principles of diagnosis of HIV infection, AIDS prevention methods.

THE STUDY OF THE PRINCIPLES OF INTERACTION BETWEEN ACTORS IN THE USE OF SPECIAL KNOWLEDGE IN THE INVESTIGATION OF CRIMES COMMITTED IN PRISONS

O. Batiuk

docent
katedry prawa i postępowania karnego
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki, doktor nauk prawnych ( Łuck, Ukraina)

Anotation. In the scientific article the author defines the notion of interaction and main tasks, the interaction between entities that are conducting investigations in prisons, forensic experts and specialists. The author defined and the characteristics of the principles of interaction between actors in the use of special knowledge in the investigation of crimes committed in prisons, namely legality, planning, integrated use of forces and means, continuity, efficiency.
Keywords: In the scientific article the author defines the notion of interaction and main tasks, the interaction between entities that are conducting investigations in prisons, forensic experts and specialists. The author defined and the characteristics of the principles of interaction between actors in the use of special knowledge in the investigation of crimes committed in prisons, namely legality, planning, integrated use of forces and means, continuity, efficiency.