The purpose of this Article is to analyse evolutionary trends in the interpretation of the European Convention on Human Rights (ECHR) by the European Court of Human Rights (ECtHR). To achieve this goal, a wide range of general philosophical methods were used. The Article submits that the ECHR has shown a growing commitment to the evolutionary method of interpretation, using the doctrine of a "living instrument", the ECHR, which is particularly important for Member States with specific problems, although this method limits the scope in the discretion of the State. It is concluded that the interpretative methodology used by the ECHR involves the use of its methods, including increasingly developing methods of consensus, efficiency, judicial activism, comparison, innovative interpretation, autonomous method, and "balance" method. This demonstrates, inter alia, the unlimited potential to improve the ECHR's interpretation of conventional standards. In the context of modern transformations in the direction of proactive international justice, judicial activism objectively departs from a formal application of legal norms and reflects the ECHR's desire to protect the fundamental human rights of individuals and communicatethem.
The processes of globalization and integration of economy of Ukraine to outer economic space provoke an origin in the country of a number of the crisis phenomena and destabilizing factors that negatively influence on socioeconomic development of country. Among them distinguish economic activity of subjects of menage and shadow of economy. At the same time, a world economy is characterized by a double structure that shows up in legal and illegal sectors. The basic structural components of legal sector of economy are certain in the article, namely: legal trading in legal commodities; legal migration of labour force; legal motion of raw material and informative resources, capital assets, and also illegal sector of economy : contraband goods; illegal migration and trading in people; contraband goods of sources of raw materials; international "white-washing"; economic espionage and trade. On the basis of компаративного analysis the legal analysis of criminal legislation, the results of that allow to assert that in Ukraine responsibility increases for corruption abuses and set limitations for persons, that accomplished them, is conducted, and also in relation to their amnesty. The basic factors of origin of such important component are considered in the structure of shadow economy as shadow employment that renders direct influence on the indexes of socioeconomic development of country. The basic ways of детінізації of economy and counteraction are outlined corruptions in a country, the scales of that attained critical in recent year. To that end providing of motivational normatively-legal environment, that would assist the conduct of legal economic activity, appears near-term; reduction of tax pressure is on small and midsize businesses; reduction of scales of протиправної employment. On the basis of empiric researches with the use of programmatic packages of MS Excel, Statistiсa 8,0 and CurveExpert 5,0 a study of dynamics of criminal realizations is undertaken in the most widespread corruption crimes taken into account in 2013-2017 and tendencies in relation to motion of crimes in the most widespread corruption crimes, criminal realizations after that are closed in 2013-2017 and part of crimes, realization is certain after that closed 2013-2017 On the basis of економіко-математичних calculations diagnostics of level of тінізації of economy of Ukraine is conducted in 2010-2018 Investigational and systematized basic problem construction effective system anticorruption legislation in Ukraine, in particular, in part establishment responsibility at such family. With the aim of search of methods of estimation of volumes of shadow economy and ways of her детінізації it is suggested to conduct research of tendencies of shadow economy in Ukraine by means of model of Солоу, essence of that consists in consideration of shadow economy as single unit of the economic phenomenon (without structural elements) and in the adequate enough reflection of major macroeconomic aspects of тінізації of process of production.
Using data from 41 countries for the 2013-2018 period, the dependence of GDP growth on the rule of law index that is calculated by the non-governmental organization World Justice Project has been estimated. Compared to other specialized indicators for assessing compliance with the rule of law, such as the World Governance Indicator, the International Country Risk Guide, or the Index of Judicial Independence, the WJP differs more fully into actual legal practice (not only the quality of legislation) by combining expert judgment with the results of questionnaires surveys of residents of the country. Cross-regression estimates for the 2013-2018 averages are quite contradictory for the general sample of countries, but a direct dependence of economic growth on the rule of law has been obtained for the countries of Central and Eastern Europe and the former Soviet Union. If Ukraine rose from the current level of the WJP index (0.50) to the level of Georgia (0.61), it allows to increase the GDP growth rate by 0.6 percentage points. Estimates for panel data using the a random effects model (RE) confirm the direct relationship between the state of the rule of law and eco-economic growth for CEE and the former Soviet Union, whereas a weak inverse relationship between the two indicators can be observed in Asia and Latin America. The results show that it is advisable to strengthen the rule of law in transformational economies, while this is not urgent measures in the other studied countries. The overall study does not deny the possibility of economic growth without advancing the legal foundations or deepening the process of democratization of political life, but this does not apply to the CEE countries and the former Soviet Union. In the extended specification of the regression model, it seems that the favorable influence of the rule of law on GDP dynamics for transformational economies can be realized by slowing down inflation. At the same time, no dependence of inflation on the WJP has been found for Asian and Latin American countries; there is also no effect of consumer prices on economic growth. It is noticeable that estimates for the general sample of countries show the negative impact of only high inflation-over 15% per annum. Among other results, the direct relationship between investment and GDP growth is worth noting, regardless of the regression model chosen. This is in line with the standard assumptions of economic theory and, accordingly, reinforces the argument for the protection of property rights as a means of stimulating the investment process.
The legal problems of identification and evaluations of the probability of corruption risks manifestation are analyzed in the article. Found, most of anti-corruption measures of the authorities are formal and amount to the adoption of political documents. The purpose of the article is the theoretical substantiation of the components of the process of managing corruption risks and motivating the most appropriate methods of risk assessment. The following is proposed in the article: the anti-corruption control is understood as a system of checks aimed at identifying corruption risks and assessing the implementation of anti-corruption measures at the enterprise; the corruption risk is understood as the probability that an event of a corruption offence or the offence related to corruption will occur, which will negatively influence the achievement of the enterprise's goals and objectives. It is recommended that the reasons for corruption risks are conditions that encourage (stimulate), cause or allow a person in the course of his or her functional duties, to commit unlawful acts characterized by deceit, concealment or misuse of trust in order to obtain money, property or services, as well as to evade the payment of funds for personal gain. The realization of corruption risk is manifested in various types of corporate fraud, in particular, illegal appropriation of assets, corruption as a result of conflict of interests, fraud involving the manipulation of accounting (reporting) data. It is stated that the main criterion that determines the probability of corruption risk manifestation is the frequency of cases of committing a corruption offence, taking into account the time limits. In this regard, there are risks with a low, average and high level of manifestation probability.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.