Dictionary of legal terms

Administrative cases

Administrative responsibility is an independent type of legal responsibility of individuals and legal entities, established by legislative acts. Administrative responsibility can be defined both as the implementation of administrative and legal sanctions, the use by an authorized body or official of administrative penalties to citizens and legal entities that have committed offenses.

From other types of responsibility, administrative responsibility differs in that the object of protection are public relations, which are regulated not only by administrative law, but also by other branches of law.

The age of bringing to administrative responsibility - the period during which you can impose an administrative penalty.

The administrative section is part of the territory of the administrative zone, which is assigned to the district police inspector.

(MVD Order "On Approving the Regulations on the Service of Precinct Militia Inspectors in the System of the Ministry of Internal Affairs of Ukraine" of 11.11.2010 N 550)

Passport to the administrative site - a document that is conducted by the precinct police inspector in order to accumulate information about the administrative section. It records the following data: the scheme of the site location, socio-economic, demographic and other features of the site, the state of crime and public order, the presence of patrol detachments and public units involved in the protection of public order, the prevention of violations, other information and information necessary to perform duties assigned to him.

(MVD Order "On Approving the Regulations on the Service of Precinct Militia Inspectors in the System of the Ministry of Internal Affairs of Ukraine" of 11.11.2010 N 550)

Preventive circumvention of the administrative area is a form of general preventive work of the district police inspector, which combines visits to institutions, organizations, enterprises, premises of citizens, persons on preventive accounting in internal affairs bodies, establishing confidential relations with the population in order to obtain the necessary information.

(MVD Order "On Approving the Regulations on the Service of Precinct Militia Inspectors in the System of the Ministry of Internal Affairs of Ukraine" of 11.11.2010 N 550)

Administrative reporting is an organizational form of observations conducted by public authorities (with the exception of state statistics bodies), local governments and other legal entities in accordance with the law and for the purpose of performing administrative duties and tasks assigned to their competence.

(Goskomstat Order "On Approving the Procedure for Reviewing Reporting and Statistical Documentation Required for State Statistical Observations" of 25.12.2008 N 521)

The analysis of reporting (administrative data) is carried out by the supervisory authorities (mainly the National Bank of Ukraine, the State Commission on Securities and the Stock Market, the State Commission for Regulation of the Financial Services Market of Ukraine, the State Tax Administration of Ukraine, the State Customs Service of Ukraine) be conducted by law enforcement agencies in cases provided for by law.

(State Committee for Financial Monitoring) Order "On Approving Typologies of Legalization (Laundering) of Proceeds from Crime" Properties and Signs of Transactions Related to Money Laundering through Cash Withdrawal Tactical Investigation and Practical Investigation "No. 182 of December 25, 2009)

Reporting related to the collection and use of administrative data - reporting forms and other reporting forms related to the collection and use of administrative data.

(Goskomstat Order "On Approval of the Procedure for Approval by the State Statistics Authorities of the Methodology and Reporting Documents Related to the Collection and Use of Administrative Data" dated 30.01.2009 N 33)

Reporting form or other report form related to the collection and use of administrative data - the form (form) of reporting, on which respondents give information to bodies engaged in activities related to the collection and implementation of administrative data, when collecting administrative reports in the form of a report approved by the sample and for signature of officials responsible for the reliability of the information provided.

(Goskomstat Order "On Approving the Procedure for Reviewing Reporting and Statistical Documents Required for Conducting from State Statistical Observations" of December 25, 2008 N 521)

Administrative zone - the territory served by the district internal affairs bodies (three to four administrative sites), with a certain border.

(MVD Order "On Approving the Regulations on the Service of Precinct Militia Inspectors in the System of the Ministry of Internal Affairs of Ukraine" of 11.11.2010 N 550)

Administrative Commission - the body authorized to consider cases of administrative violations.

The administrative unit is a unit created and registered in accordance with the procedure established by law.

(Goskomstat Order "On approval of the Regulations on the Register of Statistical Units and the formation of the sampling frames of sets of statistical units for the activities of enterprises" of 16.12.2009 N 481)

Administrative-territorial unit - region, district, city, district in the city, village, village.

(The Verkhovna Rada of Ukraine, the Law "On Local Self-Government in Ukraine" dated 21.05.1997 N 280/97-ВР)

A chemically dangerous administrative territorial unit is an administrative territorial unit in which regions, districts, as well as any inhabited areas of areas that fall into the zone of possible chemical contamination in case of accidents at chemically hazardous facilities are listed.

(Ministry of Emergencies, Ministry of Agrarian Policy, Ministry of Economy, Ministry of Ecology and Natural Resources) Order "On Approval of the Methodology for Forecasting the Consequences of Leakage (Release) of Hazardous Chemical Substances in Accidents at Industrial Facilities and Transport" dated March 27, 2001 N 73/82/64 / 122)

Administrative service is a service that is the result of the subject's exercise of authority to adopt an administrative act directed at the implementation and protection of his rights and legitimate interests and / or the fulfillment by a person of the duties specified by law (obtaining permission ( license), certificate, identity and other documents, registration, etc.).

(CM of Ukraine Resolution of the Cabinet of Ministers "On measures to streamline state, including administrative services" of 17.07.2009 N 737)

Administrative capacity - the ability of the subject of administrative legal relations to have rights and bear legal responsibilities in the sphere of public administration.

Administrative procedure - the procedure for the actions of natural and legal persons, established in the act, aimed at the realization of their rights and duties or the determination of the powers of the state body, its official and official person.

(CM of Ukraine Resolution of the Cabinet of Ministers "On Approving the Methodology of Anti-Corruption Examination of Draft Normative and Legal Acts" of 08.12.2009 N 1346)

Administrative reform is a kind of political and legal reform that is carried out in the sphere of executive power and concerns both its organizational structure, functions, staffing, and relations with local self-government.

(President of Ukraine Decree of the President "On measures to implement the Concept of Administrative Reform in Ukraine" of 22.07.1998 N 810/98)

The ideology of administrative reform is a combination of philosophical, ethical, legal, political and other ideas and views on administrative reform. The type of ideology of the administrative reform is determined by the social and other interests of society, political parties and public organizations and is reflected in acts of public authorities, party documents, media materials. It can be liberal-democratic, social-reformist or national-democratic.

(President of Ukraine Decree of the President "On measures to implement the Concept of Administrative Reform in Ukraine" of 22.07.1998 N 810/98)

The legal basis of the administrative reform is the normative legal acts that are the starting point and the mechanism for ensuring this reform. Among these acts, the main role belongs to the Constitution and the laws of Ukraine. As the administrative reform deepens, its legal framework is improved and updated.

(President of Ukraine Decree of the President "On measures to implement the Concept of Administrative Reform in Ukraine" of 22.07.1998 N 810/98)

The principles of administrative reform are the main principles of its implementation, which are based on the corresponding ideology and policy of administrative reform. The principles reveal the main purpose and essence of this reform.

(President of Ukraine Decree of the President "On measures to implement the Concept of Administrative Reform in Ukraine" of 22.07.1998 N 810/98)

The user of the automated document management system in administrative courts is a judge, an employee of the court apparatus who, in accordance with the functional duties, on the basis of the order of the chairman of the court, is granted access to an automated document circulation system in administrative courts or its individual subsystems.

(The State Judicial Administration The Order "On Approval of the Regulation on the Automated System of Document Flow in Administrative Courts" of December 03, 2009 N 129)

The holder of the automated document management system in administrative courts is the state judicial administration of Ukraine, which ensures the implementation of material, technical and organizational and methodological measures for the functioning of the system for administrative courts, except for the Supreme Administrative Court of Ukraine.

(The State Judicial Administration The Order "On Approval of the Regulation on the Automated System of Document Flow in Administrative Courts" of December 03, 2009 N 129)

The administrative system most often characterizes the combination of two elements - the subjects of management and management activities. The content of the latter is disclosed, in particular, through the notion of "goals and objectives", "functions", "methods", "stages", "procedures", "powers", "effectiveness", "culture", "ethics" and others.

(President of Ukraine Decree of the President "On measures to implement the Concept of Administrative Reform in Ukraine" of 22.07.1998 N 810/98)

Automated document management system - in administrative courts, a set of territorially distributed, functionally related software and hardware complexes and technologically integrated subsystems that, through the use of a corresponding computer program, ensures the registration of incoming information, its accumulation, storage, proper use, protection on technological links from unauthorized access, initial information, interaction with users, and the like.

(The State Judicial Administration The Order "On Approval of the Regulation on the Automated System of Document Flow in Administrative Courts" of December 03, 2009 N 129)

Administrative jurisdiction is a special type of legal activity of executive authorities, during which individual administrative cases are examined and appropriate administrative sanctions are applied.

The case of administrative jurisdiction is a public-legal dispute submitted to the administrative court in which at least one of the parties is an executive body, a local government body, their official or official person or another entity exercising power management functions on the basis of legislation, including on the performance of delegated authorities.

(The Verkhovna Rada of Ukraine, the Code of Administrative Judicial Proceedings of Ukraine of 06.07.2005 N 2747-IV)

Administrative Justice

1) the system of special judicial bodies, whose main task is to monitor the legality of the activities and decisions of the executive authorities;

2) a special procedural order for reviewing administrative cases on the resolution of administrative and legal disputes between individuals and legal entities on the one hand and the public administration authority on the other.

Administrative legislation is a branch of the legislation of Ukraine, which regulates relations arising in the process of executive and administrative activities of government bodies among themselves, with public organizations and citizens in the management of the state.

Administrative detention - the measure of influence is applied to the offender in the event of the termination of the offense or, if necessary, to ensure timely and proper consideration of cases and enforcement of decisions on cases of administrative violations. Administrative detention can not last more than 3 hours. In exceptional cases provided for by the legislation of Ukraine, other terms may be established.

Appeal - the complaint of the prosecutor and the complaint of the participant in the process about the cancellation or change of the court decision in the appeal procedure.

Appeal complaint - a document (appeal) submitted by a participant in the process, which contains an appeal to the appellate instance on annulment or change in the appeal procedure of a court decision (verdict, decision, ruling) taken by the court of first instance.

Appellant - the person who filed the appeal.

(Gospatent Order "On Approving the Provision on the Appeal Council of the State Patent Office of Ukraine" dated 28.02.1996 N 34)

Appeal presentation is a document (appeal) by which the prosecutor participating in the consideration of the case completely or partially disputes the judgment (verdict, decision, ruling) taken by the court of first instance in the court of appeal.

The Appeals Chamber is a collegial body of the Institution to examine objections against decisions of the Institution on the acquisition of rights to intellectual property objects and other matters referred to its competence by this Law.

(The Verkhovna Rada of Ukraine, the Law "On protection of the rights to indicate the origin of goods" of 16.06.1999 N 752-XIV)

The Court of Appeal is a court that reviews cases of appeals against sentences, rulings and decisions of a court of first instance that have not entered into legal force.

The appellate general courts are the appellate courts of oblasts, the appellate courts of the cities of Kiev and Sevastopol, the Court of Appeal of the Autonomous Republic of Crimea, the military appellate courts of the regions and the appellate court of the Ukrainian Navy, as well as the Court of Appeal of Ukraine. If necessary, instead of the appeal court of the region, appellate general courts may be formed, territorial jurisdiction of which extends to several districts of the region.

(The Verkhovna Rada of Ukraine, the Law "On the Judiciary of Ukraine" of 07.02.2002 N 3018-III)

The Economic Court of Appeal is a specialized judicial body in the system of courts of general jurisdiction, implements justice in economic relations as an appellate court.

The appellate specialized courts are the appellate economic courts and the appellate administrative courts that are formed in appellate districts in accordance with the decree of the President of Ukraine. (The Verkhovna Rada of Ukraine, the Law "On the Judiciary of Ukraine" of 07.02.2002 N 3018-III)

Power

Power

1) the will of the people or the state, its bodies and officials for the purpose of carrying out the corresponding functions and powers in the manner provided for by the constitution and laws of the country;

2) in a general sense, the ability, the right and the ability to decisively influence the activities and behavior of people with the help of will, authority, law, violence.

State power is a form of social power exercised by the state and its bodies. It lies in the ability and ability of state bodies to manage (or influence) political, economic, legal processes and events, to control socially dangerous phenomena arising in society, and to regulate the behavior of citizens. In Ukraine, as in other democratic countries, state power is divided into three types of power - legislative, executive and judicial.

Bodies of state power - the system of institutions provided for by the Constitution of Ukraine, exercising public political power on the basis of separation of powers into legislative, executive and judicial. The only body of legislative power is the Parliament - the Verkhovna Rada of Ukraine. The power of the head of state is exercised by the President of Ukraine. Executive bodies are the Cabinet of Ministers of Ukraine, ministries and other central bodies of executive power, executive bodies of the Autonomous Republic of Crimea, state bodies that regulate the activities of natural monopolies, regulation of the securities market, state privatization bodies, local executive bodies. The bodies of the judiciary are the Constitutional Court of Ukraine and the judicial bodies, which are part of the system of courts of general jurisdiction.

Local government bodies are a set of state bodies that carry out state activities at the local level. The organization, powers and procedure for the activities of local government bodies are determined by the Constitution and laws of Ukraine.

The executive power is one of the three branches of state power, in accordance with the constitutional principle of the separation of state power, is designed to develop and implement a state policy to enforce laws and manage public life, primarily the public sector of the economy. In relations with the legislative and judicial power, she enjoys a certain independence.

(President of Ukraine Decree of the President "On measures to implement the Concept of Administrative Reform in Ukraine" of 22.07.1998 N 810/98)

The body of executive power is an independent type of public authorities, according to the constitutional principle of the separation of state power, they have as their main function the maintenance of the functioning of one branch of the state executive.

(Goskomstat Order "On Approval of the Classification of Institutional Sectors of the Ukrainian Economy" of April 18, 2005 No. 96)

The apparatus of executive authorities is an organizationally integrated set of structural subdivisions and posts that are intended to carry out advisory or servicing functions for the fulfillment by the relevant authorities of the powers assigned to them (competence). Personal (personal) staff of the executive bodies are government employees and other employees of the staff.

(President of Ukraine Decree of the President "On measures to implement the Concept of Administrative Reform in Ukraine" of 22.07.1998 N 810/98)

The judiciary is one of the types of state power exercised through the exercise of its powers by the Constitutional Court of Ukraine, the Supreme Court of Ukraine, the Higher Economic Court of Ukraine and local courts.

Representatives of the authorities - representatives of the authorities include, in particular, employees of state bodies and their staff who are entitled, within their competence, to make demands, and also to make decisions that are binding for execution by legal entities and individuals, regardless of their departmental affiliation or subordination.

(Plenum of the Supreme Court of Ukraine, Decision "On judicial practice in cases of bribery" of April 26, 2002 No. 5)

The power section is the constitutional delimitation of power competences and powers between the legislative, executive and judicial branches of power. In Art. 6 of the Constitution of Ukraine stated that the state power in Ukraine is carried out according to the principle of its division into legislative, executive and judicial.

Department - a structural unit, is formed to perform the main tasks of a high degree of complexity (multi-sectoral, multifunctional, program-oriented activities), coordination of work related to the implementation of such tasks, provided that it has at least four departments. If the staff number of the department exceeds 32 units, it may include management (at least two). The department is headed by the director.Director of the department, whose staffing does not exceed 32 units, can have no more than two deputies - department heads. If the staff number of the department is more than 32 units, the director of the department can have no more than three deputies, including one deputy, who does not head the department (management). Within the Department of the National Police and the Department of the State Fiscal Service, with a staffing strength of more than 150 units, the main directorates can be established with a staff of at least 70 units. The main department of the department is headed by a chief who can have no more than three deputies. In the main department of the department may be formed management, departments, sectors, offices.

(CM of Ukraine Resolution of the Cabinet of Ministers "On streamlining the structure of the apparatus of central executive authorities, their territorial subdivisions and local state administrations" of March 12, 2005 N 179)

Housing disputes

Housing law - a set of legal norms governing relations on the use of housing. Housing law is not an independent branch of law, in content it coincides with the concept of "housing legislation." The basis of housing law is the norms of civil law (property relations of hiring and renting residential premises, etc.), the rules of family law (the rights of family members of the owner of housing).

Housing legislation - a set of rules governing housing relations. Such acts are the Housing Code of Ukraine, the Law of Ukraine "On the Privatization of the State Housing Fund" and others. The objectives of housing legislation are the regulation of housing relations in order to ensure the right of citizens to housing, the proper use and preservation of housing, and the strengthening of law in the field of housing relations.

The Housing Code is a codified legislative act regulating housing and related social relations. Regulates relations related to the management of housing stock; with provision of citizens with living quarters and use of these premises; with maintenance of safety of available housing; settlement of housing disputes, etc.

The Family Code of Ukraine is a systematized legislative act, the norms of which regulate family relations in Ukraine. The Family Code of Ukraine determines the basis of marriage, personal non-property and property rights and duties of spouses, the grounds for origin, the maintenance of personal non-property and property rights and duties of parents and children, adopters and adopted, other family members and relatives.

The lawsuit

Administrative lawsuit - appeals to the administrative court on the protection of rights, freedoms and interests or on the performance of powers in public-law relations.

(The Verkhovna Rada of Ukraine, the Code of Administrative Judicial Proceedings of Ukraine of 06.07.2005 N 2747-IV)

The counterclaim - the respondent has the right before the beginning of consideration by economic court of the case on the merits to file a counterclaim to the claimant for joint consideration with the initial claim.Counterclaim must be mutually related to the original. Representation of a counterclaim is carried out according to the general rules of bringing claims.

(Economic Procedural Code of Ukraine of 06.11.1991 N 1798-XII)

Civil lawsuit - in the criminal proceeding the claim of the victim of a crime of a citizen or legal entity to compensate for the material damage caused by the crime, which is considered together with the criminal case.

A lawsuit - an appeal by an interested or otherwise authorized person to a court with a request for consideration of a dispute and protection of subjective rights.

Ensuring the claim - a set of measures that ensure the reality of the execution of a future court decision;one of the guarantees of protecting the interests of the plaintiff.

The subject of the claim is the material and legal claim of the plaintiff to the defendant, against whom the court must render a decision. This requirement must be legal and be subordinate to the court. In the process of consideration and resolution of the case on the merits the plaintiff has the right to change the subject of the claim (Article 103 of the Civil Procedural Code of Ukraine). Such a change is possible only during the consideration of the case on the merits and within the disputable legal relationship.

The claim price is determined by :

1) in claims for recovery of money - the recovered amount;

2) in claims for reclamation of property - the value of the sought property;

3) in claims for recovery of alimony - the aggregate of all payments, but not more than one year;

4) in claims for urgent payments and extraditions - all payments or extortions, but not more than three years;

5) in claims for indefinite or lifelong payments and extraditions - a set of payments or extraditions for three years;

6) in claims for decreasing or increasing payments or extortions - the amount by which payments or deliveries decrease or increase, but not more than one year;

7) in claims for the termination of payments or extradition - a set of payments or extraditions that remained, but not more than one year;

8) in claims for early termination of the contract of property lease - a set of payments for the use of property during the period remaining until the end of the contract, but not more than three years;

9) in claims for ownership of houses owned by citizens on the right of private property - the actual value of the house, and for houses owned by state, cooperative and other public organizations - not less than their book value;

10) in claims consisting of several independent claims - the total amount of all claims, with the exception of claims for compensation for moral (non-property) harm.

(Civil Procedure Code of Ukraine of 18.07.1963)

Inheritance

Legacy - (hereditary mass, hereditary property) set of rights and obligations of the testator, which pass after his death to heirs.

Heirs are persons determined by the law or by the order of the testator (in the will) by the purchasers of the estate of the testator in the event of his death or declaration to the deceased.

Heirs of the first stage . In inheritance under the law, the heirs of the first stage are in equal shares, children (including adopted ones), spouse and parents (adoptive parents) of the deceased. Among the heirs of the first stage is also the child of the deceased, born after his death. Grandchildren and great-grandsons of the testator are heirs by law, if at the time of opening the inheritance there is no surviving one of their parents who would be the heir; They will inherit equally in the share that would be due to inheritance by law to their deceased parent.

(Civil Code of the Ukrainian SSR of July 18, 1963)

Heirs of the second turn . In the absence of heirs of the first stage or in the event of their rejection of the inheritance, and also in case all the heirs of the first stage are not called for inheritance, they shall inherit in equal shares: brothers and sisters of the deceased, as well as grandfather and grandmother of the deceased, both from the father's side and mother's side (second turn).

(Civil Code of the Ukrainian SSR of July 18, 1963)

Unworthy heirs are persons deprived of the right to inherit.

"Necessary heirs" - the household name of heirs, who have the right to an obligatory share in the inheritance.

The hereditary law is a set of legal norms that establish the order and limits of the transfer of the rights and duties of the deceased person by the right of inheritance and regulate other related relations; is an institution of civil law. Inheritance law determines the grounds for inheritance: by law (ab inestato), by testamentum (testamentum); time and place of opening the inheritance; a circle of persons who can be heirs, and other inheritance conditions.

Inheritance is the transfer of rights and obligations (inheritance) from an individual who died (the testator) to other persons (heirs).

(Civil Code of Ukraine of 16.01.2003 N 435-IV)

Inheritance by law is the transfer of the rights and obligations of the deceased (the testator) to the heirs in the case when the testator did not make a will when the heir under the will refused the inheritance or did not accept it, when the heir under the will is removed from inheritance as unworthy according to the law, part of the property, if the will is completely or partially invalid (in this case, inheritance by law is carried out only in that part of the property in respect of which the will is recognized as null and voidtionary), when the heir under the will of the testator died before.

Inheritance by will - the transfer of rights and obligations of the deceased (testator) to heirs on the basis of the order stated in the will.

The testator is a person who during life had the right of ownership of the property, as well as other rights and obligations that belong to the obligatory, author's, inventive legal relations, which after his death pass to the heirs of this person.

Offenses

An administrative offense (misdemeanor) recognizes an unlawful, guilty (deliberate or careless) act or omission that encroaches on public order, property, rights and freedoms of citizens, on the established management procedure and for which administrative liability is provided by law.

Administrative liability - responsibility for the offenses provided for by this Code, occurs if these violations by their nature do not entail criminal liability in accordance with the law.

(Code of Ukraine on Administrative Offenses of 07.12.1984 N 8073-X)

Administrative offense committed intentionally - An administrative offense is committed committed intentionally, if the person who committed it, was aware of the unlawful nature of its action or inaction, foresaw its harmful consequences and wished them or consciously allowed the onset of these consequences.

(Code of Ukraine on Administrative Offenses of 07.12.1984 N 8073-X)

A budget offense is an offense for the participant's failure to comply with the budgetary process established by this Code and other regulatory legal acts of the procedure for drawing up, reviewing, approving, amending, executing the budget or reporting on the implementation of the budget.

(Budget Code of Ukraine of 21.06.2001 N 2542-III)

A military administrative offense is an offense committed by a serviceman, which entails the administrative responsibility defined by chapter 13-B of the Code of Administrative Offenses of Ukraine.

(Ministry of Defense Order "On approval of the Instruction on the provision of reports and reports on events, criminal offenses, administrative corruption and military administrative violations, violation of military discipline and their registration in the Ministry of Defense of Ukraine and the Armed Forces of Ukraine" of 28.07.2016 N 388)

Corruption law is an intentional act that contains signs of corruption committed by a person specified in Section 4, Paragraph one of this Law, for which criminal, administrative, civil and disciplinary liability is established by law.

(The Verkhovna Rada of Ukraine, the Law "On the Basics of Preventing and Counteracting Corruption" of 07/04/2011 No. 3206-VI)

Tax offenses are unlawful acts (acts or omissions) of taxpayers, tax agents, and / or their officials, as well as officials of regulatory bodies that led to non-fulfillment or improper fulfillment of the requirements established by this Code and other legislation, control over compliance with which is entrusted on controlling bodies.

(The Verkhovna Rada of Ukraine Tax Code of Ukraine as of 02.12.2010 N 2755-VI)

Criminal proceedings

The age limit for bringing to criminal responsibility is a term established by law, the expiration of which excludes the possibility of criminal prosecution.

The Law of Ukraine on Criminal Responsibility - the legislative acts of Ukraine, which establish criminal liability (the Criminal Code of Ukraine and the Law of Ukraine on criminal offenses).

(The Verkhovna Rada of Ukraine, the Criminal Procedural Code of Ukraine of 13.04.2012 N 4651-VI)

Exemption from criminal liability is the refusal of the state (its competent bodies) to convict the person who committed the crime and to apply criminal-legal means of compulsory nature to it. Exemption from criminal liability is not an excuse for a person.

(The Supreme Court Letter "On Practice of Application by the Courts of Legislation Regulating the Closure of Criminal Cases" of 01.02.2004)

Criminal liability - criminal (criminal - Latin Criminalis from crimenis (criminis) - crime) is a kind of legal responsibility, the main content of which is to impose on the guilty compulsory obligation to test in accordance with the procedure established by law the state conviction of his person, and, in case of appointment, to bear the criminal law of punishment.

The basis of criminal liability is the commission by a person of a socially dangerous act containing the composition of a crime provided for by this Code.

(The Verkhovna Rada of Ukraine, the Criminal Code "Criminal Code of Ukraine" from 05.04.2001 N 2341-III)

Attraction to criminal liability - the stage of criminal proceedings, which begins when the person is notified of a suspicion of a criminal offense.

(The Verkhovna Rada of Ukraine, the Criminal Procedural Code of Ukraine of 13.04.2012 N 4651-VI)

Refusal to initiate a criminal case is a decision taken by the prosecutor, the inquiry body, the investigator, the judge in the presence of circumstances excluding the criminal case.

The application and the message about the committed criminal offense - an oral or written appeal indicating the information on the committed criminal offense.

(Ministry of Justice Order "On Approving the Procedure for Adoption and Accounting in Institutions for the Execution of Sentences and Investigative Isolations of Applications and Reports on Committed Criminal Infractions and Other Events" of 02.02.2017 No. 254/5)

Statement of a criminal offense - an oral or written statement or communication from a person, state body, local government, enterprise, institution, organization, report of the investigator about circumstances that may indicate the commission of a criminal offense.

(SBU Order "On Approval of the Instruction on the Procedure for the Reception, Registration and Consideration in the Security Service of Ukraine of Applications and Reports Concerning Committed Criminal Infractions" of 16.11.2012 No. 515)

A criminal offense is a crime under the Criminal Code of Ukraine, and criminal offenses.

(Ministry of Defense Order "On approval of the Instruction on the procedure for providing reports and reports on events, criminal offenses, administrative corruption offenses, violations of military discipline and their registration in the Ministry of Defense of Ukraine and the Armed Forces of Ukraine" of July 2, 2013 N 444)

The reinstatement of a criminal case on newly discovered circumstances is an exceptional stage of the criminal process in which a verdict that has entered into legal force or another judicial decision is checked in connection with the establishment of new circumstances that indicate the illegality and unreasonableness of these decisions and of which nothing was known in the course of investigation, consideration and resolution of the case.

Closure of the criminal case - termination of further proceedings in the case; one of the forms of the end of the preliminary investigation.

The jurisdiction of criminal cases is the totality of the legal features of the case, which determine which investigative body should conduct the proceedings in this case. The jurisdiction of criminal cases is substantive (patrimonial), personal, alternative, for communication and territorial affairs. On the subject investigation of criminal cases, the investigative body is determined by the nature of the crime, its qualifications. Personal investigation of criminal cases - on the subject of a crime (for example, crimes of servicemen). The investigation of criminal cases on communication of cases is applied when the investigation of one case is connected with the investigation of another. According to the territorial jurisdiction of criminal cases, pre-trial investigation is conducted in the area where the crime was committed.

The jurisdiction of criminal cases is the distribution among the courts of the relevant jurisdiction of criminal cases, which must be examined at the first instance, according to the link of the judicial system and depending on the type of crime (tribal jurisdiction) or between the courts of the same link (territorial jurisdiction).

The initiation of a criminal case is the first stage of a criminal process in which certain bodies ascertain the presence or absence of statutory grounds and grounds for initiating a criminal case, as well as circumstances that may cancel proceedings; depending on this, a decision is made to initiate a criminal case or to refuse to open a criminal case. Such decision is made out by the decision of the public prosecutor, the inspector, body of inquiry, the judge. The grounds for initiating a criminal case are sufficient data indicating that there are signs of a crime under the Criminal Code.

The Chamber of Judges - (Collegium - from the Latin Collegium - society, community) a judicial session to review a criminal case by several judges.

The Criminal Code of Ukraine (CC) is a systematized legislative act that determines what socially dangerous acts are crimes and what penalties are applied to the persons who committed them. The Criminal Code consists of the General and Special Parts. Adopted by the seventh session of the Verkhovna Rada of Ukraine on April 5, 2001. Entered into force on September 1, 2001.

The criminal process is used in four ways :

1) the activities of certain bodies and individuals;

2) the branch of law;

3) legal science

4) academic discipline.

The criminal process is the activity of the bodies of inquiry, pre-trial investigation, the prosecutor's office and the court (with the participation of state, public organizations, officials and citizens), regulated by law, the content of which is violation, investigation, trial of criminal cases, review and execution of judgments.The criminal process consists of 8 stages: the initiation of a criminal case, the pre-trial investigation, the preliminary examination of the case by a judge, the trial, the appeal proceedings, the cassation proceedings, the execution of a sentence, the review of judicial decisions in exceptional production.

The participants in the criminal proceedings are the accused, the suspect, the defender, as well as the victim, the civil plaintiff, the civil defendant and their representatives.

(Criminal Procedure Code of Ukraine of 28.12.1960)

Cases

The case of administrative jurisdiction is a public-legal dispute submitted to the administrative court in which at least one of the parties is an executive body, a local government body, their official or official person or another entity exercising power management functions on the basis of legislation, including on the performance of delegated authorities.

(The Verkhovna Rada of Ukraine, the Code of Administrative Judicial Proceedings of Ukraine of 06.07.2005 N 2747-IV)

A criminal case is a set of procedural documents issued in accordance with the procedure established by law, which testify to the presence in the act of signs of a crime that are relevant to the disclosure of a crime, the identification of perpetrators of its commission and the application of penalties to them.

Court

The courts of Ukraine - the Supreme Court of Ukraine, the Supreme Court of the Republic of Crimea, regional, Kiev and Sevastopol city courts, interregional court, inter-district (district), district (city) courts and military courts of regions, naval forces and garrisons make up the judicial system of the general courts of Ukraine .

(Supreme Court of the RSFSR, Law "On Judicial System" of 05.06.1981 N 2022-X)

The Supreme Court of Ukraine is the supreme judicial body in the system of courts of general jurisdiction.The Supreme Court of Ukraine exercises justice, ensures uniform application of the law by all courts of general jurisdiction.

(The Verkhovna Rada of Ukraine, the Law "On the Judiciary of Ukraine" of 07.02.2002 N 3018-III)

The Supreme Economic Court of Ukraine is the supreme judicial body of the economic courts of Ukraine in the administration of justice in economic relations.

Chairman of the Supreme Court of Ukraine - an official who heads the Supreme Court of Ukraine. Elected from the composition of the judges of the Supreme Court of Ukraine by the Plenum of the Supreme Court of Ukraine for a period of 5 years by secret ballot.

The court of first instance is a district or district court in the city, a city or district court that has the right to pass judgment or issue a resolution on the closure of criminal proceedings.

(Verkhovna Rada of Ukraine, Code of Criminal Procedure "Criminal Procedure Code of Ukraine" of 13.04.2012 N 4651-VI)

The Court of Appeal is a court that reviews cases of appeals against sentences, rulings and decisions of a court of first instance that have not entered into legal force.

(Criminal Procedure Code of Ukraine of 28.12.1960)

The court of cassation instance is the highest specialized court of Ukraine for consideration of civil and criminal cases.

(Verkhovna Rada of Ukraine, Code of Criminal Procedure "Criminal Procedure Code of Ukraine" of 13.04.2012 N 4651-VI)

Court of Cassation of Ukraine

1) examines in cassation the cases referred to its jurisdiction, as well as other cases in cases determined by the procedural law and exercises other powers provided for by law;

2) conduct and analyze judicial statistics, study and generalize judicial practice;

3) provides methodological assistance in the application of legislation to lower courts;

4) exercise other powers provided for by law.

(The Verkhovna Rada of Ukraine, the Law "On the Judiciary of Ukraine" of 07.02.2002 N 3018-III)

The Constitutional Court of Ukraine is an organ of constitutional jurisdiction that ensures the supremacy of the Constitution of Ukraine, resolves issues on the compliance of the Ukrainian Constitution with the laws of Ukraine and in cases provided for by the Constitution of Ukraine, exercises official interpretation of the Constitution of Ukraine, as well as other powers in accordance with the Constitution of Ukraine.

(The Verkhovna Rada of Ukraine, the Law "On the Constitutional Court of Ukraine" of 13.07.2017 N 2136-VIII)

The jury is one of the democratic institutions of the judiciary, embodying the principle of people's participation in the administration of justice. A jury trial, as a rule, considers serious criminal cases in the first instance, and its decisions can not be appealed against.

The Academy of Judges of Ukraine is a state higher educational institution that provides training, retraining and advanced training for judges and staff of the courts.

(The Verkhovna Rada of Ukraine, the Law "On the Judiciary of Ukraine" of 07.02.2002 N 3018-III)

The Higher Qualification Commission of Judges of Ukraine is a permanent body in the system of judicial system of Ukraine.

(State Committee for Technical Regulation and Consumer Policy, Order "On Approval of National Standards of Ukraine, State Classifiers of Ukraine, National Changes to Interstate Standards, Amendments to the Order of the Derzhspozhivstandard of Ukraine of March 31, 2004 N 59 and Abolition of Regulatory Documents" dated 28.05.2004 N 97)

The challenge of the judge is to eliminate or eliminate the judges from participating in the consideration of court cases, if there is any doubt about their impartiality.

The presiding professional judge is the presiding judge in a collegial court proceeding or exercises it solely.

(State judicial administration Order "On approval of the Instruction on the procedure for working with technical means of videotaping the course and the results of procedural actions conducted in a videoconference mode during a trial (criminal proceedings)" of 15 November 2012 N 155)

Disciplinary proceedings against a judge - the procedure for reviewing a formal appeal by a specific law, which contains information about a judge's violation of requirements regarding his status, duties or the oath of a judge.

(The Verkhovna Rada of Ukraine, the Law "On the Judiciary of Ukraine" of 07.02.2002 N 3018-III)

The assembly of judges is a meeting of the judges of the relevant court, where they discuss the internal affairs of this court and make collective decisions on the issues under discussion.

(Verkhovna Rada of Ukraine, Law "On Judicial System and Status of Judges" of 07/07/2010 N 2453-VI)

The assistant judge is an official in the civil service, ensures that the judge fulfills the relevant authorities and promotes the implementation of justice.

(Council of Judges of Ukraine, Decision "On Approval of the Regulations on Assistant Judges of the Court of General Jurisdiction" No. 14 of 25.03.2011)

The Council of Judges is the body that performs the functions of judicial self-government in the period between conferences of judges.

(The Verkhovna Rada of Ukraine, the Law "On the Judiciary of Ukraine" of 07.02.2002 N 3018-III)

The reserve judge (reserve judges) is a standing judge (judge) who is (are) involved in the replacement of a judge (judge) - a member (members) of the permanent staff of a standing board (except for the chairman, judge-rapporteur) in case of impossibility of the latter last) to administer justice or participate in the consideration (continue consideration) of cases.

(Council of Judges of Ukraine, Decision "On the Regulations on the Automated Document Flow System" of 26.11.2010 N 30)

Complaint (application ) - appeals regarding improper conduct of a judge.

(The State Judicial Administration The Order "On Approval of the Regulations on the Automated System for Determining the Member of the Supreme Qualification Commission of Judges of Ukraine" of February 24, 2011 No. 51)

The investigating judge is a judge of the court of first instance, whose powers include the exercise of judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings in the procedure provided for in the Criminal Procedure Code of Ukraine, and in the case provided for in Article 247 of this Code, his definition of another judge of the Court of Appeal of the Autonomous Republic of Crimea, the Regional Court of Appeal, the cities of Kiev and Sevastopol. The investigating judge (investigating judge) in the court of first instance is elected by a meeting of judges from the judges of this court.

(The Verkhovna Rada of Ukraine, the Criminal Procedural Code of Ukraine of 13.04.2012 N 4651-VI)

The judge of the economic court is an official of the economic court. The procedural status of a judge is determined by the Law of Ukraine "On Judicial System and Status of Judges" and the Economic Procedural Code of Ukraine.

(Economic Procedural Code of Ukraine of 06.11.1991 N 1798-XII)

Labor disputes

Guarantees in the labor law - stipulated by the legislation of preservation of a place of work, earnings or reception of privileges and advantages if the worker for the valid reason does not perform work.

Competition in labor law is a precondition for concluding an employment contract with employees of certain categories. Competitions are held to replace the positions of the teaching staff of universities, research staff of research institutions, artists, directors and other creative workers of theaters, concert organizations, as well as positions of public servants - managers and specialists of state bodies (ministries, departments).

The crime of the discriminatory, labor and other personal rights and freedoms of a person and a citizen is unlawful acts that encroach upon the freedom of the exercise of political, labor, housing, copyright, right to education, free medical care and other personal rights of a person and citizen guaranteed by the Constitution of Ukraine.

Labor law is a branch of law that regulates labor and related relations regardless of the form of ownership, management or branch subordination of enterprises, institutions, organizations. Regulates relations between employees and the employer, on whose behalf the owner or the body authorized by him acts;between the owner and the work collective about the participation of workers in the management of production; the relationship on the consideration of labor disputes, labor protection, etc. The main sources of labor law is the Code of Labor Laws, laws on collective agreements, the consideration of labor disputes, trade unions, the protection of public health, etc.

Damage

Compensation for damage - civil liability for obligations that arose as a result of the harm caused.Compensation for harm consists in its full compensation in cash or in kind (correction of the damaged thing).

Significant damage is the deterioration of the production, trade or financial position of the national commodity producer, which leads to a significant general decline in the national production of a certain commodity.

(The Verkhovna Rada of Ukraine, the Law "On the Application of Special Measures Concerning the Import into Ukraine" No. 332-XIV of December 22, 1998)

Property damage - losses caused to the property of a natural or legal person as a result of causing harm to him or failure to perform a contract concluded with him.

Material damage (loss) - loss of assets or insufficient receipt of adequate income by the object of control and / or the state, which occurred as a result of violation of legislation by the object of control through acts or omissions of their officials (service).

(The State Judicial Administration The Order "On Approval of the Instruction on the Procedure for Conducting Control Measures by the Control and Audit Department of the State Judicial Administration of Ukraine" No. 120 dated July 29, 2011)

The right to compensation for damage caused to the state authority - established in Art. 56 of the Constitution, the principle of property liability to its citizens. Illegal decisions, acts or omissions of public authorities, local governments, their officials and officials in the exercise of their powers form the basis for compensation for material or moral harm.

The cause of the damage is a person who, as a result of an unlawful act or omission, caused damage to property or personal non-property goods.

Predicted general material damage is the mathematical expectation of the amount of material damage caused to technical means of railways, property and the environment as a result of an accident in the unit of operating time of the railway system for the moment in question or the total operating time (the volume of operational work).

(OST 32.95-97 Traffic safety of trains and rolling stock of railways, Terms and definitions, clause 3.6.1).

(Ministry of Transport Order "On Approval of Recommendations on the Use of Terms and Definitions for the Safety of Traffic" of 03.06.2004 N 464)

The amount of material damage (loss) is the value of lost assets or lost income, which is determined by the accounting and financial reporting data of the controlled object or by expert evaluation and other ways determined by law.

(The State Judicial Administration The Order "On Approval of the Instruction on the Procedure for Conducting Control Measures by the Control and Audit Department of the State Judicial Administration of Ukraine" No. 120 dated July 29, 2011)

Serious damage is a significant general weakening in the domestic market of Ukraine of the positions of the national production sector with respect to a certain commodity.

(President of Ukraine Decree of the President "On the order of application of restrictions on the import of goods in accordance with the norms and principles of the GATT / WTO system" of 27.06.1996 N 478/96)

Insurance assessment of the amount of damage - determination of the amount of damage with the purpose of payment of insurance compensation.

(The Verkhovna Rada of Ukraine, the Law "On compulsory insurance of civil liability of owners of land vehicles" of 01.07.2004 N 1961-IV)

Customs damages are the estimated consequences of actual, actual or possible undesirable negative economic and social losses arising from customs calls in the field of customs and may have both a value and a general situational expert assessment of losses, damages, activities or work to eliminate undesirable negative consequences and additional expenses for their prevention, etc.

(State Customs Service Order "On Approving the Procedure for Developing Risk Profiles" of 22.12.2010 N 1514)

Damage to property - the destruction or reduction of property benefits, which is protected by law, entailing certain negative material consequences (losses) for the victim.

Damage - injury caused by a defect in the product, other damage to health or death of a person, damage or destruction of any property right, except for the product itself, which has a defect.

(The Verkhovna Rada of Ukraine, the Law "On liability for harm caused as a result of a defect in products" of 19.05.2011 N 3390-VI)

State organs are constituent parts of the state apparatus, which are endowed with state-power powers.They carry out certain functions and tasks within their competence. State bodies are state authorities;public administration bodies; courts; the prosecutor's office.

Lawyer

Legal Adviser - (Lat. Juris consultus - legal expert) is an employee of the legal service of the organization, institution. The Legal Counsel monitors the legality of orders and orders of the administration within its competence, participates in the drafting of contracts concluded with other enterprises and organizations;informs employees about the current legislation, gives them legal assistance; conducts in the courts and economic courts cases in which the organization acts as a plaintiff or defendant.

A lawyer is a specialist who has professional, that is fundamental, legal knowledge, used for the needs of a particular type of legal activity. From the legal profession should distinguish the legal profession, of which it is composed. Lawyers, prosecutors, investigators, lawyers, notaries, legal advisers and other experts in the field of jurisprudence are considered to be lawyers.

Legal advice - a structural unit of the regional bar association, is created by the presidium of the college to conduct work to provide legal assistance to the public and organizations



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