Ensuring Enforcement of Judgements through the Prism of Reforming Criminal Provisions - Pages 735-747

Aliesia A. Mytnyk, Dmytro I. Syrota, Tetiana M. Slobodianyk, Viktoriia V. Loktionova and Oleksandr V. Pleskun

DOI: https://doi.org/10.6000/1929-4409.2020.09.69

Published: 15 October 2020

Abstract: The problem of ensuring the enforcement of judgements is pressing both at the national and global levels. In some countries, judgments are often enforced only in part or with long delays, and sometimes not enforced at all. One of the consequences of non-enforcement of judgements is the application of penalties for the failure to fulfil international obligations. This study intends to identify the main aspects of non-enforcement of judgments in Ukraine and the world and to outline the prospects for criminal law provisions regulating enforcement of national and international judgements on the example of reforming Ukrainian legislation. The object of research is criminal law provisions regulating the enforcement of judgements. The research methodology is due to the specifics of the object, which requires a comprehensive interdisciplinary approach involving a set of general and special methods of scientific cognition. The results of the study are related to the confirmation and refutation of hypotheses on sufficiency of international mechanisms to effectively ensure enforcement of judgements; the need to take certain actions at the national level to ensure the enforcement of judgements; the need for the legislative authorities to take certain actions at the national level; the need for the executive authorities to take certain actions at the national level; reasonability of criminalization of non-enforcement of judgments. The article contains a novelty that has theoretical and practical significance. In particular, the theoretical significance of the obtained results is that it is an original comprehensive study of enforcement of judgements of national and international judicial institutions through the prism of reforming criminal law, and offers a new concept of criminal law enforcement of judgements. The practical significance of the obtained results is that the presented data can serve as a guide for future work in this area, as well as legislative initiatives on criminal law enforcement of judgements in Ukraine and the world

Keywords: Non-enforcement of judgements, Non-compliance with judgments, Enforcement, Criminalization, Criminal liability, European Court of Human Rights, National court.

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Environment Design as a Method of Modeling a Cultural Space of a City - Pages 1139-1143

Madina Mukhametovna Makhmutova, Yusupova Elvira Rstamovna and Miskichekova Zanfira Yagsupovna

DOI: https://doi.org/10.6000/1929-4409.2020.09.134

Published: 09 November 2020

Abstract: The relevance of the studied problem because the study of the subject-spatial environment of the city, a comprehensive solution of which involves not only summing up the ideas of culturologists, architects, urban planners, designers, psychologists, anthropologists, sociologists, but also designing and modeling the artificially created environment as a process of forming the cultural space of the city.

The content of the socio-cultural being of a human form the ideological and thematic basis of the designer's design plan. Modern environmental design, including an ethnic component, must correspond to the substantial and aesthetic characteristics of a particular regional culture.

After the research work conducted by the authors of the cultural and artworks of scientists and specialists - designers, architects, we can argue that the design of the environment is a necessary component of the cultural image of the city. In this regard, there is a need for a comprehensive analysis of the factors of the formation of the cultural space, which becomes the basis for understanding the applied function of the designer’s activity, manifested in the decorative and ornamental nature of environment design objects. All components of the subject-spatial environment of the "Turkic-Tatar civilization" can be considered the basis of the design culture and as a result of the continuity of these traditions in modeling the cultural space of the city.

Keywords: Cultural space of a city, subject-spatial environment, environment design, image of the environment, design activity of the designer.

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Ensuring the Fulfillment of Contracts in Civil Law - Pages 3040-3047

Iryna Y. Puchkovska, Oleg P. Pecheniy and Arsen M. Isaiev

DOI: https://doi.org/10.6000/1929-4409.2020.09.370

Published: 31 December 2020

Abstract: The main purpose of the article is to comprehensively describe the main ways to ensure compliance. The main research approach is analytical and legal methodology. Doctrinal and legislative provisions on ensuring the implementation of civil law agreements were analysed. The process of formation of the institute ensuring the fulfilment of contracts was characterised. A comparative analysis of ways to ensure the implementation of agreements on their legal nature and effectiveness, highlighted the signs of their demarcation. The foreign practice of ensuring the fulfilment of contractual obligations was analysed, and the possible directions of its implementation in the domestic legal space were determined. Gaps in legislative regulation and problems of practical implementation in ways to ensure the implementation of agreements were identified. The author proposed the definition of ways to ensure the implementation of contracts. The findings are valuable for legislative initiatives and for the practical activities of the parties to contractual obligations in terms of choosing the most effective way to secure the contracts they enter into.

Keywords: Contracts, performance of contracts, security of performance, security of obligations, methods of security, inheritance, will.

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Environmental Damage Due to Hazardous and Toxic Pollution: A Case Study of Citarum River, West Java, Indonesia - Pages 1844-1852

Bambang Slamet Riyadi, Syukra Alhamda, Sutrysno Airlambang, Ratih Anggreiny, Ariff Trisetia Anggara and Sudaryat

DOI: https://doi.org/10.6000/1929-4409.2020.09.211

Published: 24 December 2020

Abstract: Until now, environmental crimes in the Citarum watershed, especially the disposal of hazardous and toxic waste (HTW) still occurs. Consequently, there are a countless number of disasters that are happening in a day. However, where is the social control of bureaucrats of the State Ministry for the Environment of the Republic of Indonesia? This research approach method was the qualitative method. The research results showed that the perpetrators of environmental damage to the Citarum watershed were not aware that the impact of environmental damage was more violent than other crimes. It was because this type of crime sometimes had unexpected impacts related to the intensity, duration, and extent of the area affected. Therefore, the efforts to prevent environmental crimes against the Citarum river water should cover various aspects. These include very strict supervision in terms of check and balance of the independent state institutions as well as the discretion given to the authorities in the disposal of hazardous and toxic waste into the Citarum River.

Keywords: Environment, Hazardous and Toxic Waste, Damage, Citarum River, Regulations.

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