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IJSC

Legal Categories in Intelligence Legislation: A Comparative Analysis - Pages 3104-3111

Volodymyr V. Proshchaiev

DOI: https://doi.org/10.6000/1929-4409.2020.09.377

Published: 31 December 2020


Abstract: The study employs the comparative legal method to investigate the features of the inclusion of legal categories reflecting intelligence activities as a specific social phenomenon in the laws on intelligence, as well as their interpretation by legislators from different countries. It has been found that in the legal regulation of intelligence activities there are general patterns inherent in the legislators of all countries. The study considers the features of application of the rules of legal technique in the legislation on intelligence through the investigation of issues of legal terminology, legal structures, and methods of constructing a law on an intelligence agency. The author proposes to conventionally divide all terms into three groups: common, used in everyday life; legal, with established and stable legal content and special, describing the special legal content and revealing the essence, the specifics of intelligence activities. The developed two tables concentrate and summarise the material on the content of the structural parts of the legislative acts of various countries on intelligence under the title “General Provisions” and the list of key terms included and defined in them. As a scientific hypothesis, the conclusion was formulated that in the near future the countries of regional alliances will develop model laws on intelligence, which will give an impetus for the development of national laws in Ukraine at a new and higher level.

Keywords: Defence and security sector, legal situations, national security, intelligence information.

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IJSC

Qualified Legal Aid in Developed Democracies: A Comparative Legal Study - Pages 3112-3123

Tetiana Podorozhna, Larysa Makarenko, Liudmyla Andrusiv, Oleksandr Kotukha and Halyna Sanahurska

DOI: https://doi.org/10.6000/1929-4409.2020.09.378

Published: 31 December 2020


Abstract: Professional associations of lawyers play an important part in improving the quality of qualified legal aid. The largest association of legal professionals today is the International Bar Association. In September 1990, the International Bar Association adopted the Standards for the Independence of the Legal Profession, which are designed to enhance the role and importance of lawyers. Accordingly, as stated in the preamble to the Standards, they should be taken into account and respected by national governments when drafting national legislation and practice, as well as by all lawyers, judges, the representatives of executive and legislative power, and society at large. The purpose of the study is a comparative legal analysis of the features of providing qualified legal aid in developed democracies. The leading method during the study was comparative legal analysis. As a result of the analysis, it was concluded that the problem of guaranteeing the right to receive qualified legal aid is common to all modern states. But the ways to solve it differ, because the content of law as a statutory regulator of social relations is determined in the context of national systems and is deeply connected with their culture.

Keywords: Modern legislation, developed countries, lawyers' association, professional activity.

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IJSC

Modern Society Challenges: Youth Communication in Instagram - Pages 3124-3133

Liudmyla L. Markivska Natalia M. Siruk, Oksana L. Durmanenko, Rymma O. Redchuk and Liudmyla M. Tarasyuk

DOI: https://doi.org/10.6000/1929-4409.2020.09.379

Published: 31 December 2020


Abstract: With the emergence and further development of network communication, the number of participants in this process began to increase. The youth turned out to be especially receptive and open to such modern manifestations of communication. It is the youth who actively and easily joins the use of social networks in their lives, where they mainly work. The article is devoted to the consideration of the main theoretical and research approaches to the problem of modern challenges of society – communication of young people on Instagram. The authors noted that one of the main signs of the development of modern society is the rapid formation of computer information technologies, which gives a modern person an opportunity to study, discuss problems that bother him, meet new people and communicate with friends, use the unlimited possibilities of the Internet. One of such information media is the social youth network – Instagram, which can be called one of the best, most convenient and interesting. The article notes that it is young people who master network communication better and use it more often than other age groups, because they are at the forefront of new transformations, and therefore the study of their communicative practices seems to be the most significant and promising.

Keywords: Internet, social network, digitalization, site, user.

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IJSC

The Concept and Legal Basis for the Transfer of Persons Sentenced to Deprivation of Liberty to Serve a Sentence in a Foreign State in the Field of International Cooperation of Post-Soviet Countries - Pages 3134-3145

Parvyz S. Abdulloev, Anna V. Serebrennikova, Tatiana F. Minyazeva, Denis A. Dobryakov and Aleksandr A. Trefylov

DOI: https://doi.org/10.6000/1929-4409.2020.09.380

Published: 31 December 2020


Abstract: The purpose of the study is to analyse the definition and legal basis of the concept of transfer of persons sentenced to imprisonment. The main research methods were theoretical: analysis and synthesis, classification. The article discusses topical issues related to the concept and legal grounds for the transfer of persons sentenced to imprisonment to serve their sentences in the framework of international cooperation. The article analyses the norms of international legal acts and national legislation of post-Soviet countries. It is noted that, among other types of transfer of persons, a special place is occupied by the transfer of a convicted person for the execution of a sentence, which testifies to the relevant practice of post-Soviet states. But the transfer of convicted persons to serve a sentence has a history of legal regulation for a little more than half a century, therefore, both in legal regulation and in the theory of criminal procedure there is no single approach to defining the concept of transfer of convicted persons. The author comes to the conclusion that the transfer of persons to a foreign state to serve their sentences is ensured by effective international cooperation in the field of criminal proceedings. The practical significance of the study lies in the fact that an idea is proposed for the development and improvement of national criminal legislation, as well as the effectiveness of actions aimed at resolving this issue.

Keywords: Execution of a sentence, international treaties, criminal procedure legislation, transfer of a criminal case, imprisonment.

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