Перегляд за Автор "Pyvovar, Yuriy"

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  • Ескіз
    Документ
    Judicial control as a means of enforcement of judicial decisions in model cases: state and prospects in Ukraine
    (2020) Pyvovar, Iryna; Kuzmenko, Oksana; Minka, Tetiana; Mykolenko, Olena M.; Pyvovar, Yuriy; Миколенко, Олена Миколаївна; Миколенко, Алена Николаевна
    The purpose of the article is to find out the status and tendencies of the development of the institute of model case in Ukraine and to check its compliance with international legal requirements, as well as to determine the effectiveness of enforcement of judicial decisions in model cases. It is emphasized that the mechanism of the institute of model cases in Ukraine is gradually gaining a set of characteristics of a judicial precedent and is becoming a model for lower courts, attorneys and citizens. In the existing state-legal mechanism for ensuring the enforcement of judicial decisions in model cases, judicial control is considered to be effective, which in the conditions of political competition of state executive bodies is able to act as an external authoritative and recognized instrument of state influence on the activity of these bodies, turning their way to recognition and respect of a human and a citizen, ensuring human-centricity and the rule of law in Ukraine. It is considered appropriate for the courts to use this method as a daily tool, to increase its frequency of application, in particular in the cases of the obligation of the authorities to submit a report on the enforcement of the judicial decision, especially in model cases. It is established that the existing process of enforcement of decisions in model cases in Ukraine only partially meets the requirements of the Consultative Council of European Judges.
  • Ескіз
    Документ
    Legal support of the system of state control in the process of educational governmental order
    (2019) Pyvovar, Yuriy; Detiuk, Andriy; Mykolenko, Oleksandr I.; Zapototska, Olena; Lapka, Oksana; Миколенко, Олександр Іванович; Миколенко, Александр Иванович
    The purpose of the research is to determine the sufficiency of the system of state control of the state needs when implementing an effective educational governmental order as the main instrument for ensuring the constitutional right of citizens to free education in Ukraine. The methodological basis of the research is the positivistic theory of law and functionalism. Hermeneutical and normative and analytical methods were used to find out the content of sources of legal regulation of educational governmental orders; methods of forecasting, legal modeling and analogy of the law contributed to the development of proposals for improving current legislation. The results of the research showed that the system of state control over the process of implementing the educational governmental order in Ukraine is not formed yet. The results of the analysis of legislation showed that indirect control in this field is provided only by special financial control bodies to verify the effectiveness of using budget funds in the process of educational governmental order. The work demonstrates systemic violations that have been identified by the supervisory authorities for five years in this field. In order to prevent violations of the law in the field of educational governmental order, as well as to form an effective system of state control at all stages of governmental order, it is proposed to empower the key authorities with appropriate control functions and powers. On the basis of the gaps in law the regulation of control activities that were found in modern legislation, for efficient solution of problems (before the drafting and adoption of the relevant legislative changes by the Parliament) it is considered rational to take as a basis provisions of general norms of legislative acts, which regulate allied legal relations, namely in the field of governmental order.