Archive

Abstract: The article discusses social capital theory in the context of conservative political thought. It is shown that the authors of social capital theory consider social ties as a source of economic well-being. They criticize the cult of individualism believing that the process of individualization entails a deficit of social capital. The author indicates the contradictoriness of this approach. Social ties should not be called ‘capital’ for ethical reasons. Metaphor of capital can be harmful as it distorts our perception of the real motives of associative behavior. Among such motives may be love, a sense of reciprocity and thankfulness, etc. Conceptual component of social capital theory is unclear too, as well as the relationship between social capital and capitalism. Experience shows that
real capital contributes to the destruction of what is usually meant by social capital. This situation forces the author to reconsider the role, which social capital theory plays today in political discussions. The author proposes an alternative term – “social of capitalism”. This term denotes those social phenomena, the essence of which is external to the essence of capitalism. In this connection, the author proposes an approach, according to which capitalism does not exist without something, to which it opposes. Some social phenomena oppose selfishness, therefore, they could inhibit a lot of negative aspects of capitalism. On the other hand, capitalism with its emphasis on individual liberty eliminates the evil, potentially stemming from fanaticism and fundamentalism of social associations. According to the author, this approach makes possible to raise the same issues, which are raised by social capital theory, while avoiding conceptual contradictions and distortion of meanings.
Keywords: capitalism, conservatism, social capital.

Abstract: The article considers problems of the theory of modern municipal law functions. The basic essential and meaningful, objective and subjective, internal and external aspects of modern municipal law are analysed. It is noted that among the basic tasks currently faces domestic science of the municipal law is the formation of coherent and comprehensive knowledge of the system of municipal law in Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. Holistic conception of the municipal law of Ukraine in the unity of its static and functional, material and procedural elements is the important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law making and law enforcement activities. However, if the theory of problematic issues of municipal law, as well as its genesis, sources, norms and institutions are reflected in the works of Ukrainian researchers, the problem of functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of municipal law makes possible understanding the importance of this area of law in regulating social relations, as well as answering questions about the role of municipal law in society and the state. Characteristic signs of functions of municipal law are analysed. Definition of the concept of modern municipal law functions as main directions and types of the influence of municipal law over social relations that arise in the process of recognition, formation, organization and implementation of municipal authorities, as well as the realization and protection of rights of the individual municipalities, is given.
Keywords: municipal law; functions of municipal law; sources of municipal law; system of municipal law; institutes of municipal law; norms of municipal law.

Abstract: The article is devoted to the justification of the term technological adaptability as the characteristic of the criminal process. The term determines the most important criteria for the admissibility of the use of information technology in the investigation and resolution of criminal cases. The content of the category of criminal procedural information is revealed; the concept of information technology in criminal proceeding is used. The goals and objectives of the use of information technology in the criminal process are clarified. The detailed criteria of eligibility of such technologies in the criminal process, as well as requirements for the legal regulation of the use of information technology, are highlighted and analyzed. Based on the proof as the heart of criminal justice, the author proposes fixing the selected criteria in a separate article of the Criminal Procedure Act (chapter on “Evidence”). Legal regulation of the use of information technology in criminal
proceeding has to comply with legality, adequacy, relevance, practicality, promising, dynamics, ethics, safety, and optimal legal prescriptions. The shortcomings of the current criminal procedure law in matters of legal regulation of the use of information technologies are discussed. The consolidation of the principle of technological adaptability on the level of the law aimed on the use of new information technologies in the proof in criminal cases is proposed.
Keywords: criminal proceeding; information technology; technological adaptability; criminal procedural information; criteria of eligibility.

Abstract: The author investigates the nature of the institute of legal exemption from criminal liability, the expediency of its securing and usage. Attention is paid to the classification of the reasons for exemption from criminal liability, as well as to the separate classification of special reasons. The main subject of the article is special reasons for exemption from criminal liability in the field of malfeasance, which meets required conditions. Special reasons for exemption from criminal liability as provided for bribery (Article 291 of the Criminal Code) and for mediation in bribery (Article 291.1 of the Criminal Code) are analyzed. The problems of the enforcement of institution are considered. In order to improve efficiency, it is proposed to establish new special reason for excluding criminal responsibility for abuse of power and abuse of office.
Keywords: reasons for exemption from criminal liability; special reasons for exemption from criminal liability for malfeasance; conditions for exemption from criminal liability; active repentance; active assistance in investigating, prosecuting, and combating crime.