Перегляд за Автор "Makarenko, Tamara"
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- ДокументCorporate liability and white-collar crime: Comparative review(Cuestiones Políticas, 2023) Tarasiuk, Anatolii; Prokofieva-Yanchylenko, Daria; Lutsenko, Yuriy; Danylevskyi, Andrii; Makarenko, TamaraThe aim of the research was to analyze academic approaches to understanding the legal nature of white-collar crime and what crimes it includes; based on this understanding, the model of corporate criminal liability was investigated to place it in various law enforcement contexts. Throughout the article, appropriate research methods have been used, such as: comparative law method, systemic-structural method, formal-legal method. Basedon the results of the detailed comparative analysis, it has been established that there are no unified standards or models for both white-collar crime and corporate criminal liability. Furthermore, it has been argued that theconcept of fraud (deception) constitutes the key element of white-collar crime and is also the foundation of most corporate crimes. In the conclusions, it is argued that corporate criminal liability in the United States, and to a lesser extent in some European countries (including Ukraine), is a powerful law enforcement tool capable of protecting society from massive crimes as well as deterring corporations from unlawful deviations.
- Документ“Defense of Ukraine” degree program for future school teachers: a new element of ukrainian higher education(Revista Eduweb, 2024) Myroshnychenko, Volodymyr; Kamensky, Dmitriy; Lysenko, Tetyana; Makarenko, Tamara; Petiahina, IrynaThe article examines various aspects of professional training of future teachers of the “Defense of Ukraine” course for effective legal education among students. The key aspects in this process are the formation of practical skills, legal culture, socio-psychological and methodological readiness of teachers. Emphasis is placed on the use of modern technologies and interactive methods in pedagogical universities to develop egal thinking and patriotic values. Several theoretical methods have been used in the course of research. In particular, the article extensivеly refers to empirical research methods, such as observation, comparison, and monitoring. Modern challenges in the field of national security of Ukraine require active participation of teachers in the formation of legal awareness of students. It is emphasised that successful teacher training requires not only knowledge of law, but also taking into account of individual characteristics and application of innovative pedagogical approaches. In general, the article points out the importance of providing teachers with the necessary competencies to educate Ukrainian citizens who consciously observe their duties and execrise their rights (freedoms).
- ДокументInsider trading in the global economic environment: elements of criminal liability(International Journal of Management (IJM), 2020) Kamensky, Dmitriy; Dudorov, Olexandr; Movchan, Roman; Vozniuk, Andrii; Makarenko, TamaraThe article addresses emerging issues of criminal liability for insider trading within the global economic environment. Based on comparative analyses of Ukrainian and American approaches toward understanding the nature and negative consequences of nsider trading for the national stock markets, key research pragmatic conclusions are formulated. A general conclusion elaborates on the idea that the level of effectiveness of criminal law protection of Ukrainian stock market not at least depends on the textual quality of the insider trading provision of the Criminal Code of Ukraine (Art. 232-1), which describes key elements of the offense and also connects the Criminal Code norm with the regulatory framework on stock market operation. Analysis of American, Ukrainian and, to a lesser extent, other European experience in combating insider abuse suggests that improvement of the national stock market legislation should be exercised in different directions, among which: increasing transparency in the activities and management of joint stock companies; tightening requirements for reporting and disclosure for business entities, whose shares and other securities circulatt on stock market; providing investors with unimpeded access todocuments and information about large shareholders; increased attention to transactions with the company’s shares carried out by its employees; prohibition on combining auditing and consulting functions within one company, etc. Such measures should not excessively intersect the realm of criminal law relations, otherwise this might lead to the collapse of the stock market protection framework.
- ДокументInternational cooperation between Poland and Ukraine in higher education: case study(Academy of Management and Administration in Opole, 2023) Ostenda, Aleksander; Liannoi, Mykhailo; Makarenko, TamaraВища освіта в Україні та Польщі активно розвиває міжнародну співпрацю. Ця співпраця сприяє обміну науковим досвідом та культурним збагаченням між вишами обох країн. Через такі проекти студенти та викладачі мають унікальну можливість для спільних досліджень та навчання.
- ДокументMilitary administrations as an element of national security under international and Ukrainian legislation(Cuestiones Políticas, 2022) Fedchyniak, Artur; Danylevskyi, Andrii; Nazymko, Yehor; Kuleshov, Oleksandr; Makarenko, TamaraThe article discusses some problems of military and civilian administrations operating in Ukraine with the aim of maintaining the national security regime. In particular, the authors investigate the social and political reasons behind the decision to create special government agencies, in the form of civil military administrations. In addition to the comprehensive analysis of the relevant legislative framework, reference has been made to the practical functions of these administrations. The study methodology includes a variety of research tools aimed at improving the analysis and a problem-oriented approach. The conclusions are focused on improving the legislative as well as organizational frameworks of civil-military administrations in the Donbass region. In particular, based on the basic principles within the civil society, including the supremacy of civil society over the armed forces, the discussed Law should be effectively renamed as the Law "On civil-military administrations" with a continuous approach, potentially within a specially drafted project. It is suggested to include a chapter of the Law, on military support of civilian authorities and official efforts of reconstruction of public order in certain areas of Donetsk and Lugansk regions.
- ДокументNational Security and Public Safety: Models of Legal Regulation in Comparative Perspective(Cuestiones Políticas, 2023) Danylevska, Yuliia; Makarenko, Tamara; Myroshnychenko, Volodymyr; Lysenko, Tetiana; Petiahina, Iryna; Kamensky, DmitriyThe paper addresses some pressing national security and public safety issues in various jurisdictions, including Ukraine. The correlation between two main concepts is emphasized. It is shown that in the modern world risks related to national security and, therefore, also to public security are significant. The approaches to defining the two main components of the state are illustrated and the main elements are pointed out. It is emphasized that today security is one of the key values (rights) for any person and citizen and is generally prescribed in national Constitutions. The provisions of the draft Public Security and Civil Defense Strategy of Ukraine (2021), related to national security and public safety, have been discussed. Finally, the main threats to the security of the community and individual citizens have been outlined and the means to overcome them have been elaborated. In the conclusions, it has been established that the formulation of a security and defense sector perspective model for central executive authorities presents a number of opportunities as well as challenges.Moreover, it is difficult to give a clear and all-encompassing legal definition of the concept of “public security”.
- ДокументSmuggling or violation of customs rules: actual questions of application of administrative and criminal liability(Cuestiones Políticas, 2021) Makarenko, Tamara; Pidgorodynskyi, Vadym; Kamensky, Dmitriy; Bolokan, Inna; Samilo, HannaThe article deals with the peculiarities of the application of legal liability for commercial contraband in accordance with the current legislation of Ukraine. In particular, the authors of the article investigate the feasibility of criminalization of the smuggling of a wide range of goods, and not only withdrawn from the circulation of things and forests, as recorded in the Criminal Code of Ukraine at this moment. In addition to a thorough analysis of the current legislation of Ukraine, the authors carried out a comparative analysis of Ukrainian legislation with the legislation of foreign countries, which helped to objectively assess the state of the studied issues in Ukraine. The methodology of the study includes general scientific methods, among which the methods of analysis and synthesis should be noted, as well as speciallegal methods, among which it is necessary to distinguish system-functional, and comparative methods. As a result of the study, the authors concluded that the criminalization of commercial smuggling (in connection with additional corruption risks and an increase in law enforcement agencies) is inappropriate.
- ДокументTypical mistakes during investigation of crimes committed by youth informal groups members(Cuestiones Políticas, 2020) Larkin, Mikhail; Biryukova, Alina; Makarenko, Tamara; Ivanova, Natalia; Fedchyniak, ArturThe main objective of the study is to identify errors made by investigators and other persons authorized to investigate crimes during the process of investigating crimes committed by representatives of informal juvenile criminal groups. Problems related to the failure to present a version of the participation of members of an informal group of young people in crime have been identified. Some aspects of misuse of special knowledge were also considered. During the work, the scientific literature dedicated to the fight against crime, investigation of collective crimes, informal youth groups (associations, movements, etc.) was also analyzed. In addition, a set of different scientific methods was used, such as analysis method, synthesis method, extrapolation method, generalization method. Among the most relevant conclusions it stands out that the problem of juvenile delinquencyis becoming general every year, a typical phenomenon not only in Ukraine, but also in other countries in the world; consequently, there is an urgent need to develop new interdisciplinary methods to combat this phenomenon and to understand its multidimensional causes and consequences.