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Journal articles on the topic 'Control of the application of overriding mandatory provisions'
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Cordero Álvarez, Clara Isabel. "Incidencia de las normas imperativas en los contratos internacionales: especial referencia a las normas de terceros estados desde una aproximación europea = Overriding mandatory provisions in international contracts: a special reference to foreign overriding mandatory provisions from a European approach." CUADERNOS DE DERECHO TRANSNACIONAL 9, no. 2 (October 5, 2017): 174. http://dx.doi.org/10.20318/cdt.2017.3870.
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Resumen: Este trabajo analiza algunas cuestiones que plantea la aplicación de las leyes de policía en el ámbito del Derecho contractual de la UE. Por cuanto se refiere a las normas de este tipo de terceros Estados su aplicación resulta significativamente más compleja, en especial si analizamos su tratamiento en el Reglamento Roma I, mucho más restrictivo que su predecesor el Convenio de Roma de 1980. En este contexto la reciente sentencia del Tribunal de Justicia (Nikiforidis) resulta muy relevante, ya que abre la posibilidad a los Estados miembros para tomar en consideración normas de policía de terceros Estados como elemento fáctico en el marco de la lex contractus, sin sujetarla a las restricciones y condicionantes previstos en el art. 9.3.Palabras clave: leyes de policía, normas imperativas, Derecho contractual europeo, Reglamento Roma I, sentencia Nikiforidis.Abstract: This paper addresses some of the issues raised by the application of overriding mandatory provisions, from a European approach. With regard to foreign overriding mandatory provisions, their application is significantly more complex. This approach appears in European Contract Law, particularly regarding the treatment of this issue in the Rome I Regulation, which is much more restrictive than the Rome Convention of 1980. In this context, the recent case law of European Court of Justice (Nikiforidis case) is very significant. Since the judgment gives Member States the possibility to take into account foreign overriding mandatory provisions, as a factual element within the framework of the applicable law to the contract, outside the scope of article 9.3 of the Rome I Regulation.Keywords: overriding mandatory provisions, mandatory rules, European Contract Law, Rome I Regulation, Nikiforidis case.
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Migliorini, Sara. "Quest-ce que sont les lois de police? Une querelle franco-allemande après la communautarisation de la Convention de Rome." European Review of Private Law 19, Issue 2 (April 1, 2011): 187–207. http://dx.doi.org/10.54648/erpl2011012.
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Abstract: Article 7(2) of the 1980 Rome Convention provided that nothing in the Convention shall restrict the application of the rules of the law of the forum in a situation where they are mandatory irrespective of the law otherwise applicable to the contract. The Rome Convention however did not define these 'overriding mandatory provisions'. The absence of a definition gave rise to a controversy between French and German courts. According to the latter, overriding mandatory provisions only protect public interests in a strict sense. However, French courts may consider a provision that exclusively protects the interests of the weaker party as an overriding mandatory provision. The definition of 'overriding mandatory provisions' provided in Article 9(1) Rome I fails to bring any real legal certainty. Since the controversy between the French and German courts essentially relates to the systematic relationship between overriding mandatory provisions and connecting factors protecting a weaker party in the Rome I Regulation, an intervention by the European Court of Justice will be necessary. Resume: L'Article 7(2) de la Convention de Rome sur la loi applicable aux obligations contractuelles laissait au juge la possibilité d'appliquer les lois de police du for, peu importe la loi désignée par la Convention même. Néanmoins, la Convention ne dé. nissait pas la catégorie des lois de police. Chaque juge pouvant appliquer ses propres critères de quail . cation des lois de police, une différence existait entre l'approche française et allemande à cette catégorie. D'une part, la jurisprudence allemande ne quali. ait de lois de police que les dispositions visant à protéger des intérêts strictement publics. D'autre part, la jurisprudence française n'hésitait pas à quali. er les dispositions protectrices des parties faibles comme de lois de police. La dé. nition de 'lois de police' contenue dans l'Article 9(1) du Règlement Rome I ne résout pas cette divergence. En effet, celle-ci découle principalement d'une divergence dans l'interprétation des rapports réciproques entre les lois de police et les critères de rattachement protecteurs des parties faibles. Partant, il revient à la Cour de justice d'intervenir pour trancher cette divergence.
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Żarnowiec, Łukasz. "Wpływ przepisów wymuszających swoje zastosowanie na rozstrzyganie spraw spadkowych pod rządami rozporządzenia Parlamentu Europejskiego i Rady (UE) Nr 650/2012." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 43–65. http://dx.doi.org/10.31261/pppm.2019.25.03.
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Since August 17, 2015 the courts of the Member States of the European Union apply the conflict-of-laws rules adopted in the EU Succession Regulation (EU) in succession matters. From the Polish point of view, this constitutes not only the change of the rules applied for the purposes of determining jurisdiction and the applicable law, but also a new approach to the overriding mandatory provisions.
Contrary to other European instruments of private international law, the Succession Regulation neither uses the term “overriding mandatory provisions”, nor defines its meaning. Nevertheless, in Article 30 the Regulation provides for application — irrespective of the law applicable to the succession under its conflict rules — of the special rules of the State, where certain immovable property, enterprises or other special categories of assets are located, and which — for economic, family or social considerations — impose restrictions concerning or affecting the succession in respect of those assets, in so far as, under the law of that State, they are applicable irrespective of the law applicable to the succession.
The interpretation of this provision cause difficulties. It is not clear whether the concept of the special provisions embodied in Article 30 refers to the concept of overriding mandatory rules, well known in the European private international law, or whether it constitutes an original solution. Another controversial issue discussed in the paper is the relevance of the mandatory rules of the forum or the third State other than those mentioned in Article 30.
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Goñi Urriza, Natividad. "La ley aplicable a la forma en las donaciones internacionales. En torno a la STSJ Cataluña de 18 marzo 2019 = Applicable law to the form requirements of international gifts. Around the sentence of The High Court of Cataluña of 18 March 2019." CUADERNOS DE DERECHO TRANSNACIONAL 12, no. 1 (March 5, 2020): 586. http://dx.doi.org/10.20318/cdt.2020.5205.
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Resumen: La sentencia del Tribunal Superior de Justicia de Cataluña de 18 de marzo de 2019 resuelve sobre la validez de una donación entre esposos de un bien inmueble sito en Ingarö (Suecia). La sentencia se pronuncia sobre la aplicación al caso del Reglamento Roma I y del desplazamiento del art. 11CC como norma de conflicto aplicable a la validez formal de la donación, tampoco la considera ley de policía del foro.Palabras clave: requerimientos de forma, donaciones internacionales entre esposos, leyes de policía, Reglamento Roma I. art. 11CC. Abstract: The Judgment of the High Court of Cataluña of 18 March 2019 ruled on the formal validity of an international gift between spouses of a land situated in Ingarö (Sweden). The Judgment apply the Rome I Regulation and avoid the application of art. 11CC even as an overriding mandatory provision of the law of the forum.Keywords: form requirements, international gifts between spouses, overriding mandatory provisions, Rome I Regulation. art. 11CC.
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Surdykowska, Barbara. "Ochrona interesów publicznych w Rozporządzeniu Rzym I w kontekście zróżnicowania standardów pracowniczych w UE." Miscellanea Historico-Iuridica 20, no. 1 (2021): 305–22. http://dx.doi.org/10.15290/mhi.2021.20.01.15.
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The paper refers to the concept of public interest contained in Art. 9 of the Rome I Regulation. The author argues that in the light of the processes taking place on the labor market (such as the digitization of the labor market and employment via platforms) and problems with defining the scope of the directive on posted workers in the context of drivers of international transport, courts may treat national regulations in the field of labor law as overriding mandatory provisions. The main goal of the paper is to draw attention to the need to increase the interest in the doctrine of labor law in the sphere of the potential application of Art. 9 Rome I. With regard to employment issues, a question arises regarding the minimum wage applicable in a given country in conjunction with the issue of the freedom to provide services. The European Court of Justice referred to the issue of ensuring fair remuneration of employees as an important element of the “overriding general interest” justifying the restriction of the freedom to provide services. In the deliberations in the Mazzoleni judgment, the ECJ also emphasized that the application of the minimum wage of the country in which the service is performed may be a disproportionate burden, especially in a situation where the enterprise providing the services is located in the border territory and the work performed in the host country is temporary, short and part-time. An interesting issue is the “translation” of the considerations contained in the aforementioned judgment into the emerging employment through internet platforms. Some background for the above considerations is the fact that in the literature of private international law, among the overriding mandatory provisions, the most frequently indicated are anti-monopoly provisions, in the field of foreign exchange law, regarding the prohibition of import or export of certain goods, but this is also important from the point of view of the paper, more and more often regulations based on a private-law method of regulation. The paper also includes considerations regarding the concept of “public interest”.
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Barreda, Naivi Chikoc. "Entre la lex causae et les lois de police de la lex fori: quelle alternative pour la protection du logement familial dans le règlement « régimes matrimoniaux »?" European Review of Private Law 27, Issue 3 (June 1, 2019): 583–615. http://dx.doi.org/10.54648/erpl2019029.
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The law applicable to the matrimonial property regime under Regulation 2016/1103 governs all the property relations between the spouses and with regard to third parties including the rules providing for the protection of the family home. The choice of law rules of the Regulation are based on the principle of party autonomy and on the need to ensure the predictability of the applicable law, to the detriment of the links connecting the current situation of the spouses with the law intended to govern it. Against the background of an increasing cross-border mobility, the connecting factors of the objective conflict rule, fixed at the time of the conclusion of the marriage, prove to be unsuitable with regard to the protective rules of the family home whose implementation would command the application of the law having the closest connection to the real situation of the spouses. In this context, the exceptional mechanisms consisting in the escape clause and in the overriding mandatory provisions of the lex fori are also inadequate to ensure the effectiveness of the protective measures of the family home under the lex situs.
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Caballero Palomino, Sergio Andrés. "CONTROL DE CONVENCIONALIDAD DIFUSO Y SU DISYUNTIVA DE APLICABILIDAD EN EL ESTADO COLOMBIANO: ABORDAJE A PARTIR DEL CHOQUE ENTRE LA CORTE CONSTITUCIONAL Y EL CONSEJO DE ESTADO." Revista Republicana, no. 35 (July 31, 2023): 171–91. http://dx.doi.org/10.21017/rev.repub.2023.v35.a154.
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In this research article, the problem question is raised: What are the criteria to apply the control of diffuse conventionality by the Council of State and the Constitutional Court with respect to the position of the Inter-American Court of Human Rights? From which it is intended to analyze the divergence between the positions adopted by the Council of State and the Constitutional Court regarding the diffuse control of conventionality and its application as a mandatory figure to be applied within the Colombian State in order to comply with the provisions provided by the ACHR. It is concluded that the Constitutional Court still shows an abstentionist position of investing as a conventional judge, considering under a little evolutionary concept that applying the control in question can endanger the Constitution and its role as a constitutional judge. Therefore, the need for the Constitutional Court to adopt the example advocated by the Council of State is proposed, in order to guarantee not only the conventional provisions, but also the Constitution itself.
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Akimova, I. V., K. B. Simakova, and A. A. Anpilogov. "Concretization or broader interpretation of the law? (New approaches to state regulation of foreign investment in strategic sectors of the economy)." Russian competition law and economy, no. 2 (June 30, 2020): 90–94. http://dx.doi.org/10.32686/2542-0259-2020-2-90-94.
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The article explores the new approaches of the Federal Antimonopoly Service to the application of certain provisions of the law on the control of foreign investment in business entities of strategic importance.The question of the correlation of the concepts of “control” and “the possibility of blocking decisions” was examined, as well as the problems of legal uncertainty re mandatory preliminary approval of a transaction in which a foreign investor plans to purchase shares of a business entity that is related to the strategic type of activity.The authors concluded that it is necessary and advisable to classify a business company as strategic based on legislation by its implementation of a type of activity that is adjacent to strategic.
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Bouček, Vilim. "Smjernice u postlisabonskom europskom međunarodnom privatnom pravu." Zbornik Pravnog fakulteta u Zagrebu 72, no. 3 (June 30, 2022): 799–826. http://dx.doi.org/10.3935/zpfz.72.3.02.
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This paper discusses the application of the EU directive as a source of European private international law with an emphasis on the post-Lisbon period in private international law of the member states. After presenting the main features of a directive in private international law, such as the legal basis for those “measures” in secondary legislation, types of directive, their structure, purpose and the effects of a directive, the author points out the special importance of the directive expressed in the Ingmar and Unamar cases of the Court of Justice of the European Union. In both cases the legal framework was Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents. In the Ingmar case of 2000, although lacking a (unilateral) conflict of law rule, the Court gave, by interpretation, the position of an unwritten (or hidden) conflict of law rule to a substantive law provision of the Directive. At the same time the Court determined that the provisions of Articles 17 to 19 are to be regarded as mandatory rules for the purposes of private international law. For the former EC legal order it was essential that a principal established in a non-member country (USA), whose commercial agent acts within the EC, cannot evade those provisions by freely choosing un-harmonized applicable law. In 2013 Court of Justice of the European Union was again asked to deal with Council Directive 86/653/EEC of 18 December 1986 but in the new Unamar case with parties from Bulgaria (principal) and Belgium (commercial agent). Again, the Court confirmed the mandatory character of Articles 17 and 18 of the Directive and applied also Art. 7(2) of the Rome Convention of 1980. In his ruling it took into consideration the provisions of Art. 9(1) of the Rome I Regulation in which there is a definition of overriding mandatory provisions. Taking into account the terms of the mandatory provisions, but this time also consistent with the wording of Article 9(1) of the Rome I Regulation of 2008, the Court concluded that the law chosen by the parties to a commercial agency contract may be rejected by the court of another Member State before which the case has been brought in favor of the law of the forum, owing to the mandatory nature in the legal order of that Member State, only if the court of the forum state held it to be crucial to grant the commercial agent protection, going beyond that provided for by the directive, thus taking account of the nature of such mandatory provisions. From June 1988 to today (2021) the EEC, the EC and the EU adopted a considerable number of directives as measures for the approximation of national law dealing mostly with consumer, but also employment and insurance issues, setting forth conflict rules. These sector-specific rules (or special conflict rules for certain (consumer) contracts) from the second-generation directives based on unilateral conflict rules prevail over the conflict rules of the Rome Convention of 1980 (Art. 20) and the Rome I Regulation of 2008 (Art. 23) in relation to particular matters, lay down conflict-of-law rules relating to contractual obligations. This situation creates a “labyrinth” of legal sources dealing with conflict-of-law rules on the national, (ex international) and on the European level. The described fragmentation of a situation where conflict-of-law rules are depressed among several instruments and where there are differences between those rules, contrary to Recital 40(1)-1) Rome I Regulation, has not been avoided. But at the same time the Rome I Regulation did not exclude the possibility of including conflict-of- rules with regard to particular matters (Recital 40(1-2) Rome I Regulation). At the end of this paper the author answered one additional question: How to solve the problem of the lack of coordination between the Rome I Regulation of 2008 and other provisions of EU law, including national laws implementing those acts? The first step may be to give a narrow interpretation of Art. 23 of the Rome I Regulation and to give precedence only to special EU conflict-of-law rules in relation to a particular matter. Stricto sensu it means, all provisions in the consumer directives which provide that, if a contract has a direct link to the territory of one or more Member States, EU law will apply, even if the parties have chosen the law of a third country, should not (always) be regarded as choice of law rules. Such a consideration has the potential to exclude the application of Art. 23 of the Rome I Regulation and rather apply Article 3(4) or 9(2) of Rome I. An example of such “conflict-of-law rule” is Article 22(4) of Consumer Credit Directive 2008/48 EC of 23 April 2008 on credit agreements for consumers (OJ EU L 133/66). The second step is to reopen the lost political battle from 2008 of the European Parliament for a general precedence of all EU internal market law. Thirteen years after Rome I was adopted we have some additional arguments in favor of applying the general principle of supremacy in EU law without breaching “the proper functioning of the internal market” (Recital 40(2) of the Rome I Regulation). The first argument is general, known as the process of communitarization. Its result is not just Rome I (without Article 23) but also Directive 2011/83/ EU of 25 October 2011 on consumer rights, which is a new legal act in the post-Lisbon period of the EUPIL and among consumer directives should be seen as lex posterior. It is not for the first time that in such kind of Directive there is no unilateral conflict rule with the aim to protect all EU values by applying EU law. But the relevant provision lays down that the consumer should not be deprived of the protection granted by that Directive, and that, where the law applicable to the contract is that of a third country, Regulation Rome I should apply in order to determine whether the consumer retains the protection granted by that Directive (Recital 58 of the Directive on consumer rights). Taking into consideration all above mentioned arguments, the author concludes: in the third decade of the 21st century the post-Lisbon legal practice regarding special EU conflict-of-law rules relating to particular matters contained in EU Directives on consumer protection should no longer prevail. The application of the Directives with or without a unilateral conflict rule in a situation with an international element should instead be safeguarded through the application of the provisions of Articles 3(4) and Art. 6(2) for consumer protection, and Article 9(2) of the Rome I Regulation of 2008 in order to determine whether the consumer retains the protection granted by that Directive.
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Božanić, Vojislav, Vlastimir Dedovic, and Milan Božović. "Increasing the level of traffic safety - the role of standardization in the field of vehicle control and testing in Serbia." Put i saobraćaj 67, no. 2 (June 14, 2021): 69–75. http://dx.doi.org/10.31075/pis.67.02.08.
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The paper presents an overview of the most important regulations and institutions affecting the level of quality and fittingness of the vehicle fleet, in order to increase the level of general traffic safety in the Republic of Serbia. The Traffic Safety Agency, among other things, alone or in cooperation with others, regulates, controls and implements the system of homologation, testing and control of conformity of vehicles, equipment and parts. It authorizes and supervises other organizations for vehicle control and testing. The role of standardization in this process is dual: first - it refers to the subject of testing - vehicles, and second - to the quality of testing - authorized organizations. The paper discusses the important provisions of regulations for vehicle testing and analyzes the impact of the standards ISO 17020 and ISO 17025 on the work of authorized organizations. In conclusion, it was proposed that in order to achieve and maintain high level of testing quality, mandatory accreditation of authorized organizations should be prescribed. Mandatory application of the standards would have a positive impact on the traffic safety segment which depends on the technical characteristics of the vehicle, and as well, reduce the Agency's obligations.
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Akbar, Amrul, and Prita Amalia. "THE ONLY CERTAINTY IS UNCERTAINTY: REMOTE HEARING IN INDONESIAN ARBITRATION." Transnational Business Law Journal 2, no. 2 (August 31, 2021): 99–115. http://dx.doi.org/10.23920/transbuslj.v2i2.792.
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The remote hearing practice emerges as an alternative to in-person hearing as the established practice in arbitration. Yet, the practice of remote hearing does not always agreed upon by the parties in certain circumstances. The lack of certain laws governing its application raises a number of issues surrounding its application in arbitration. This paper examines legal theories and principles in domestic procedure law, international arbitration law, and their implementation in practice through comparative cases, utilizing a normative legal and case analysis method. The study employs a descriptive-analytical approach to describe the relevant legal rules, as well as legal theories and their application in the study object. Secondary data was gathered from primary, secondary, and tertiary sources of law for the study. The study's findings indicate that the laws governing remote hearings in Indonesia are uncertain in terms of confidentiality, the need for consent, mandatory preparation, control, and, very crucially, enforcement of the arbitration award. In contrast, it should address the issues generated by its extensive role in arbitration. The Indonesian government can address the aforementioned issue by enacting a particular procedural legislation that contains provisions for remote hearings in arbitration practice.
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Prytulska, Nataliia, Dmytro Antiushko, Victor Osyka, Liudmyla Sienohonova, Viktoriia Volodavchyk, and Halyna Sienohonova. "Application of good manufacturing practices in the production of food products for special medical purposes." Eastern-European Journal of Enterprise Technologies 3, no. 13 (123) (June 30, 2023): 52–58. http://dx.doi.org/10.15587/1729-4061.2023.279371.
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In order to guarantee the proper quality of medical products and medicines, the mandatory application of Good Manufacturing Practices (GMP) norms in almost all countries is provided by law. Given the importance of nutritional provision of human portrebs in emergencies, the use of GMP is also relevant in the production of food products for special medical purposes. The object of research is the methodological base, approaches, and norms of GMP application in the manufacture of this product category. It is determined that the implementation of these practices is ensured mainly through measures for raw materials, equipment, personnel, premises, compliance with hygienic requirements, journaling, internal control, response to complaints, monitoring, traceability, product recall. It is established that the basic principle of GMP application is the production of products that will meet the purpose and provisions of the registration dossier. At the same time, ensuring product quality is a comprehensive concept of ensuring compliance with properties, combining organizational measures at all stages. This activity should be carried out taking into account risk-oriented thinking based on the control of raw materials, packaging, testing in the production and release of goods to the declared characteristics, ensuring high competence of personnel, process and analytical validation. Recommendations on a set of measures aimed at introducing good manufacturing practices at enterprises producing food products for special medical purposes have been compiled and presented. The essence of these recommendations is to identify technological processes, monitor their implementation, provide the necessary resources and measures, establish the process of documenting actions, validation at all stages, including self-inspection
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Maslennikova, E. V. "Analysis of the Russian experience in reforming control and supervisory activities (part 2)." RUDN Journal of Public Administration 5, no. 3 (December 15, 2018): 318–42. http://dx.doi.org/10.22363/2312-8313-2018-5-3-318-342.
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The modern period of reform of control and Supervisory activities is full of events, novelties of norm-setting, social experiments. In recent years, the main vector of reforms is aimed at respecting the interests of controlled objects in the preparation and conduct of control and Supervisory activities, the introduction of risk-based control, allowing to concentrate resources for control and supervision in those areas where there is a high probability of violation of the values protected by law. The article considers the dynamics and the main results of the reform of control and Supervisory activities. Among the positive results of the reform are the pilot implementation of a risk-based approach in control and supervisory activities, a system for evaluating the effectiveness and efficiency of control and supervisory activities. Some positive dynamics emerged in the application of checklists. From the point of view of the author, insufficient attention is paid to questions of a critical analysis of the need and sufficiency of control and supervisory activities in terms of the protection of legally protected values; the possibility of replacing state control and supervision by other, including non-state institutions. The author substantiates the conclusion about the analysis of the need for control (supervision), systematization of control and Supervisory functions and audit of mandatory requirements before making and implementing decisions related to the technological aspects of control (supervision). Also, proposals are made to adjust the provisions contained in the draft law “on state and municipal control (supervision) in the Russian Federation”.
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Shenshin, V. M. "Reforming Control and Supervisory Activities in the Field of Protection of the Population and Territories from Emergencies." Lex Russica 75, no. 8 (August 26, 2022): 148–56. http://dx.doi.org/10.17803/1729-5920.2022.189.8.148-156.
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The paper discusses the direction of the reform of the «regulatory guillotine», namely the development of new trends in regulation for control and supervisory activities. The reasons for the reform, its goals and objectives, as well as the results achieved are analyzed. The key reason for launching the «regulatory guillotine» is the problem of redundancy and obsolescence of the regulatory framework. The author characterizes the current state of control and supervisory activities carried out by the state authorities of the Russian Federation, analyzes trends and summarizes the results of the ongoing reforms. The paper considers the process of reforming control and supervisory activities in the Russian Federation, which, despite the adoption of Federal Law No. 248-FZ of July 31, 2020 regulating this field of activity, is still incomplete and its improvement continues. This is evidenced by the absence of an exhaustive list of the relations of types of control (supervision) and bodies obliged to carry out these activities. The author notes that today the legislator has fixed a strictly defined list of types of federal (state) control (supervision), in respect of which a risk-oriented approach is mandatory. Based on the analysis of regulatory legal acts of the regional level aimed at regulating state supervision in the field of protection of the population and territories from emergencies, the author concludes that these acts duplicate the provisions of federal laws. On the one hand, such parallelism contributes to the effective application of regional legislation, since the law enforcement officer has all the necessary provisions for the implementation of control (supervisory) activities collected in one document, on the other hand, not all duplicated norms contain primary information, therefore, they interfere with the understanding of the powers actually assigned to public authorities. It is pointed out that it is necessary to partially refuse to copy a number of norms that correspond to the specifics of regional state supervision in the field of protection of the population and territories from natural and man-made emergencies. The author concludes that the regulation of control and supervisory activities at the regional level needs to be finalized.
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Monteschio, Horácio, Valéria Juliana Tortato Monteschio, and Giovana Zanete Monteschio. "Anti-Corruption Law in Brazil: Promoting Integrity and Ethical Culture in Business Practices." Journal of Law and Corruption Review 1, ssue (July 12, 2023): e059. http://dx.doi.org/10.37497/corruptionreview.1.2019.59.
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With the entry into force of Law No. 12,846/2013, also known as the Anti-Corruption Law, which among its main provisions seeks to innovate the national legal system by regulating the administrative and civil liability of legal entities for acts against public administration, the importance of this legislation stands out in the pursuit of a new interpretative and punitive vision with the clear objective of reducing the occurrence of corrupt practices. However, it is acknowledged that completely eliminating such ignoble and abhorrent practices from the Brazilian reality is entirely impossible. In light of the recently enacted law, Law No. 12,846/13 now requires public and private companies to adapt to the proposed innovations. The main consequence of the "Anti-Corruption Law" is the mandatory implementation of prevention mechanisms and strategic planning by companies, in order to monitor their relationship with the Public Administration and avoid the application of severe penalties. On the other hand, the mechanisms introduced in the Anti-Corruption Law aim to control business practices and consolidate the integrity of relationships between companies, thereby fostering a new level of civic culture and ethics in the business environment, which will ultimately benefit society as a whole.
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Potip, M. M. "PRINCIPLES OF PUBLIC GOVERNANCE IN THE FIELD OF PRIVATIZATION AS AN ADMINISTRATIVE LEGAL CATEGORY." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 119–22. http://dx.doi.org/10.15421/391969.
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The author analyzes the categories “principles”, “legal principles”, “principles of public administration”, defines their features and content. Taking into account the peculiarities of the principles of privatization, the signs of the principles of public administration in this sphere are determined: in terms of content, these are the basic, guiding, fundamental provisions; their application makes it possible to find out the orientation of the legal, organizational, economic and informational-analytical support of privatization and the particularities of the tasks that must be solved at each particular stage of the implementation of this process; enshrined in legislation; are mandatory; have a universal nature of application by all bodies of privatization, regardless of the type of privatization; are stable; determine the powers of the subjects of privatization, those empowered to exercise regulatory influence over public relations in the sphere of privatization; form a coherent system and contribute to the stability of the mechanism of public administration in the field of privatization, which ensures the achievement of the set goals. The author defines the concept of “principles of public management in the field of privatization” as systematic basic mandatory, universal rules, enshrined in the legislation, defining the powers of the subjects of privatization, empowered to exercise regulatory influence on public relations, which allows the public relations in which to find out the orientation of legal, organizational, economic and informational-analytical support of privatization. Various scientific approaches to the systematization of the principles of public administration are considered. It is proposed to include the principle of objectivity of management in the range of principles of public administration in the sphere of privatization; democracy; legal ordering; legality; publicity; a combination of centralization and decentralization; openness and transparency; state regulation and control; integrity; internal balance; scientific substantiation; publicity; efficiency and effectiveness; observance of national interests; equality; continuity and completeness of decision making; partnerships; responsibility of the subjects of privatization.
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Sinenok, Igor. "Innovation constituent organizationally economic to mechanism of providing of origin of biological raw material of water origin in Ukraine." Problems of innovation and investment-driven department, no. 18 (February 26, 2019): 131–39. http://dx.doi.org/10.33813/2224-1213.18.2019.14.
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Subject of research – a set of relations that arise in the process of improving the organizational and economic mechanism of regulation of domestic fisheries and aquaculture in Ukraine and the introduction of practical proposals for the action of the mechanism of traceability of biological raw materials of water origin. The purpose of the article is the development of scientific and methodological and practical recommendations for ensuring the organizational and economic mechanism of regulation of fisheries and aquaculture taking into account the traceability of biological raw materials of water origin in Ukraine. The methodology of the work – the theoretical and methodological basis of the study is a system of general scientific and special methods of scientific knowledge, the fundamental provisions of modern economic theory. In the article methods are used: historical-logical and analysis and synthesis – when formulating conclusions and proposals in the formation of scientific and methodological foundations with the aim of consistently developing proposals in adapting the regulatory component of the organizational and economic mechanism for ensuring the traceability of biological raw materials of water origin. The results of the work – proposed to practical application of the latest approaches to ensure the mechanism of traceability of biological raw materials of water origin. The emphasis is placed on the fact that the stock of aquatic biological resources in natural waters is an overriding factor in global food security. It has been proved that with the development of technologies for extraction, catching fish and other aquatic living resources, ensuring a stable production volume every year leads to more effective control and implementation of regulatory measures. Conclusions – in the management of fisheries, one of the factors that greatly influences the effectiveness of regulation is the illegal, unrecognized, uncontrolled fishing, and aquaculture – the need to improve the system for collecting information from producers of products is in the foreground. The measures of regulation and methods of introduction of an effective mechanism of traceability of biological raw materials of water origin and improvement of reporting 1A-fish (annual).
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Fedorets, Vasyl, Oksana Klochko, and Tamila Berezhna. "Methodological and Valuable Reflection of the Phenomenon of Breathing Based on the Integrative Use of the Theory of Functional Systems and the Anthropological Approach." Проблеми сучасних трансформацій. Серія: педагогіка, no. 1 (September 30, 2023): 3–10. http://dx.doi.org/10.54929/pmtp-2023-1-01-01.
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In the article, based on the disclosure of the phenomenology of breathing, the improvement of the theory and practices of the development of the health-preserving competence of the physical education teacher in the conditions of postgraduate education is carried out. For this, pedagogical tasks, the theory of functional systems, ideas about the synchronous work of the cardiovascular and respiratory systems (cardio-respiratory synchrony), patho-pedagogy, humanistic and child-centered intentions of the "New Ukrainian School" and anthropological approaches are used integratively. The basis of the theoretical understanding of the breathing phenomenon is based on modern physiological knowledge, which to some extent does not correlate with the currently available understanding of the respiratory function as such, which seems to require conscious control and management. Among the theoretical provisions aimed at practical application, we can single out the following: the respiratory function is automatically (implemented reflexively) synchronized with the work of the cardiovascular system (cardio-respiratory synchrony) and, accordingly, these two systems of the first type whose regulation is internal (according to the theory of functional systems and physiological observations) function holistically and synergistically, therefore purposeful and conscious "external" synchronization with motor actions is presented as competitive and, accordingly, as such that can disrupt the specified harmonious interaction; the majority of motor actions and training regimes should be carried out without purposeful control over breathing, which is considered as a priority strategy for preserving the health of the respiratory organs and minimizing the risks of developing acute heart disease; the defining and system-organizing strategy of the teacher is to focus on maintaining the rhythm and automatism of breathing during physical activity; the breathing function, which is synchronized with blood circulation, automatically synchronizes and adapts to certain motor actions and modes and, accordingly, to the intensity and duration of physical exertion; at the same time, there are certain motor modes (swimming, shooting, etc.) and motor actions that require mandatory control over the function of breathing and its management, which includes synchronization with movements. The development of the health-preserving competence of the physical education teacher is carried out taking into account the phenomenology of breathing, which includes the application of pedagogical tasks, problematic issues and their analysis; analysis of pedagogical situations; ethical and dialogical practices; actualization of the teacher's health-preserving thinking.
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Korniychenko, A. "BULLYING PREVENTION AND COMBAT MECHANISMS IN SWEDEN: ADMINISTRATIVE AND LEGAL ASPECT." Scientific Notes Series Law 1, no. 13 (March 2023): 80–84. http://dx.doi.org/10.36550/2522-9230-2022-13-80-84.
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The article found out that the current legislation of this country, in general, has a preventive nature and is aimed at preventing any manifestations of bullying. It is noted that the Swedish government was one of the first to use a science-based approach to prevent and counter bullying, which, in particular, was based on systematic monitoring of the effectiveness of implemented programs and measures, as well as their evaluation. An analysis of the provisions of the relevant Law "On Education" was carried out, which establishes the obligation to report any manifestations of bullying, defines mandatory preventive actions for educational institutions, the procedure for responding to cases of bullying, its investigation and the application of appropriate measures.Separate powers of the Ministry of Education, the Ministry of Health and Social Affairs, and the Ministry of Labor were considered. It is indicated that to fulfill the defined functional duties, the Swedish government has established two highly specialized institutions under the Ministry of Labor – the Children's Ombudsman and the Ombudsman for Discrimination. It was found that in Sweden, bullying, which is characterized by discriminatory manifestations, is clearly separated from typical forms of bullying and is regulated by a separate law. It is noted that in Sweden, a system of control and supervision of the processes taking place in educational institutions has been formed, in particular, the body of a specialized control body – the Swedish School Inspectorate, which is a profile subject in the field of prevention and countering bullying - has been formed. It is indicated that the position of Ombudsman for children and students is being created in the structure of the Swedish School Inspectorate. An analysis of individual elements of its legal status was carried out. It is proposed to introduce a specialized anti-bullying ombudsman on the territory of Ukraine, which will objectively contribute to the necessary institutional strengthening of our country in this area.
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Dopilka, V. O., S. O. Zagorodnyuk, and R. O. Osadtsa. "Legal characteristics of maritime safety." Uzhhorod National University Herald. Series: Law 2, no. 76 (June 14, 2023): 96–100. http://dx.doi.org/10.24144/2307-3322.2022.76.2.16.
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The growing importance of international maritime shipping, and the complication of its operation conditions in modern times, necessitate the study of legal issues and improvement of its legal regulation with strict observance of the law in the area of countering negative manifestations in the field of maritime safety.The article examines the definitions of the concept and essence of security in general and with due regard for the specifics of maritime conditions. Maritime security is defined as a set of its types: technical, technological, telecommunication, and economic. The activities of its participants are determined by regulations. The legal regulation of maritime safety is characterized by the norms intended to define the rights and obligations of their participants by special provisions on combating offenses in this area, namely: Merchant Shipping Code, Code of Administrative Offenses, Civil Code, Criminal Code, Customs Code. Therefore, we can conclude that there is a special legal framework for maritime security. Legal security is ensured by the norms of international law and domestic legislation of Ukraine, which, according to the Constitution of Ukraine, cannot contradict the norms of international law.International legal norms on maritime safety are contained in maritime conventions. Maritime legislation is represented by the Merchant Shipping Code of Ukraine, which defines the rights and obligations of maritime navigation participants, and which creates the basis for criminological measures to prevent socially dangerous manifestations. Along with improving the regulatory framework for maritime security, the effectiveness of countering it depends on the special training of maritime security personnel. Employees of this industry undergo special training. They must receive it in special educational institutions and have two diplomas: a diploma of graduation from the relevant educational institution and a diploma of work experience in the field of navigation. In the course of their work, they are obliged to improve their knowledge of the application of the Law by undergoing retraining in the study of relevant regulations. Such retraining is mandatory and scheduled. Administrative authorities control its implementation. At the same time, measures are taken to ensure maritime safety, the nature of which is determined by the specific conditions of combating offenses. Thus, the effectiveness of ensuring maritime safety requires: first, continuous improvement of legal norms and, second, training of maritime workers in their application. Professional development of maritime transport workers is a necessary link in ensuring maritime safety.It is also concluded that it is necessary to intensify the scientific interpretation of the provisions of international conventions and domestic legislation in the field of maritime security in modern conditions. The development and in-depth study of problems in combating offenses in the field of maritime security will specify Ukraine’s practical participation in international maritime conventions and stabilize our State’s participation in ensuring maritime security
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Mendzhul, M. V. "Conditions of Legality of Medical Human Subject Research." Medicne pravo, no. 27(1) (February 22, 2021): 69–77. http://dx.doi.org/10.25040/medicallaw2021.01.069.
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The article examines international acts and national legislation and highlights the conditions for the legality of medical research with human participation.
The provisions of the Nuremberg Code (1947), the Helsinki Declaration of the World Medical Association «Ethical principles for medical research involv- ing human subjects» (1964), the Universal Declaration on the Human Genome and Human Rights (1997), the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (1997) and the Addi- tional Protocols to the Convention, Regulation of the European Parliament and of the Council (EU) No 536/2014. The support of the recommendation to ratify the Convention on Human Rights and Biomedicine and its additional protocols in Ukraine has been expressed.
It has been established that international acts stipulate that the design and implementation of each human subject research must be clearly described in the research protocol. In addition, research protocols must be subject to prior review by the Ethics Committees.
It has been substantiated that international acts set for medical research standards, which are based on the principles of respect for dignity and human rights, the priority of interests of the person over the interests of society or sci- ence, compliance with safety requirements and prevention of harm to humans, mandatory permission to conduct medical examination, research and control- lability of the research process and its results, compensation for any damage caused by medical research.
Conditions of legality of medical research can be divided into general (obser- vance of which is always necessary if a person participates in experiments) and special (additional conditions of legality, which are put forward depend- ing on the field or object of research, namely in the field of experiments com- bined with medical care , human genome research, in vitro embryo research, in the field of clinical trials of drugs).
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Fostolovych, Valentyna, Larysa Mykhalchyshyna, and Zaneta Simanaviciene. "International cooperation in the conditions of the NCTS joint transit system : in Ukrainian dimension." Public Policy and Accounting, no. 1(7) (July 7, 2023): 47–53. http://dx.doi.org/10.26642/ppa-2023-1(7)-47-53.
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The purpose of the study was to determine the main aspects of simplifying conditions and creating prospects for international cooperation in terms of Ukraine's participation in the NCTS joint transit system. Examining the data of the State Customs Service of Ukraine and the State Statistics Service of Ukraine, the intensive work of the subjects of the regime of the joint transit system during the period of NCTS in Ukraine was noted. Confirm the need to simplify the conditions for the international movement of goods, analysis of the growth dynamics of Ukraine's foreign trade. According to the results of the research, it was revealed that by applying the provisions of the Convention, the prevention of fraud with accompanying documents is implemented, the security of international transportation is increased and uniform forms of customs control are recognized by all 36 participating countries. After analyzing the benefits for the subjects of the customs regime, a decrease in the cost of customs procedures was noted; saving time on the duration of customs procedures; unloading checkpoints in queues; acceleration of the flow of trade in the international trade system. The whole model of work in the NCTS system is an innovative approach and needed a lot of work and transformation of the work of both the State Customs Service of Ukraine itself and the regulation of regulatory support. The condition of mandatory financial guarantee and sealing of all movements became the basis for the development of a new mechanism for the implementation of these procedures that meet the requirements of the Convention. The practical application of the processed results is carried out in stages. To date, the implementation of appropriate IT solutions based on MASP-C is already being implemented. Gradually, the technology of administration of customs payments is being improved and the Customs Code of Ukraine is being brought into line with the Customs Code of the EU.
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Shvets, Yu I. "BANKS’ SUPERVISORY BOARDS: COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF UKRAINE AND GERMANY." Economics and Law, no. 3 (October 22, 2020): 43–51. http://dx.doi.org/10.15407/econlaw.2020.03.043.
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The article is devoted to a comprehensive study of German legislation regarding the right regulation of the work of supervisory boards of joint stock companies — banks. During the writing of the article, the main legislative acts of Germany, the current version of which was published on the official website of the Federal Ministry of Justice and Consumer Protection (Bundesministeriums der Justiz und für Verbraucherschutz), were studied and analyzed, as well as scientific articles by German scientists and practitioners. Corporate legislation of Germany is compared with the legislation of Ukraine regarding the legal regulation of the activity of banks, which are joint stock companies. It is established that the banking activity should be performed by a legal entity in the form of a joint stock company. The two-tier system of governance with supervisory boards and executive boards, as well as a clear division of powers of management and control between these bodies, must be mandatory for banks. Suggestions were made on the possibility of electing not only shareholders and independent directors, but also other bank stakeholders, to the Supervisory Boards, in particular the election of employees, trade unions and, as a consequence, strengthening the influence of the labor collective on the management of the company. Emphasis is placed on the existence in German corporate law of provisions allowing the election, in certain cases, of members of the supervisory boards in court for the application of the list of persons defined by law. It is concluded that such practice is not practicable in Ukraine at this time due to the lack of speed of court proceedings and the possibility of unfair actions to influence the joint stock company on this basis. It is proposed to provide a mechanism for appealing the decisions of the Supervisory Board by the company Executive Board. The implementation of these innovations could strengthen the system of checks and balances in the management of the bank, namely to ensure mutual control of the supervisory board and the executive board of the bank, as well as to make it impossible (to prevent) the possibility of making decisions that could lead to negative consequences in the activity of the bank. There are a number of other statements and suggestions that can be used in further legislative work to improve the legal regulation of corporate governance in Ukraine.
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Schloer, Bernhard. "THE REDUCTION OF THE MARGIN OF DISCRETION WHEN INTERFERING WITH HUMAN RIGHTS AND FREEDOMS – THE LAW OF UKRAINE “ON ADMINISTRATIVE PROCEDURE” AND JUDICIAL PRACTICE IN THE FEDERAL REPUBLIC OF GERMANY REGARDING THE NARROWING OF THE LIMITS OF DISCRETION." Administrative law and process, no. 1 (2024): 5–27. http://dx.doi.org/10.17721/2227-796x.2024.1.01.
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Goal. To determine the conditions and limitations during the application of administrative discretion, which are determined by the Constitution of Ukraine. Methods. The scientific provisions presented in the article are based on the use of general and special methods of scientific knowledge (logical-co-semantic method, comparative-legal, systematic, methods of analysis and synthesis, etc.), the choice of which was determined by the purpose and tasks of the research, its object and subject. The results. The article emphasizes that at the initial stages of the formation and development of European, in particular, German administrative law, the narrowing of discretion was not discussed in legal literature and law enforcement practice. However, the situation began to gradually change due to the strengthening of the importance and weight of fundamental rights, the observance of which during the exercise of discretionary powers is currently a mandatory standard. The author analyses the content of the duty of the administrative body to observe the human rights and freedoms guaranteed by the Constitution of Ukraine within the limits of administrative procedures. It is emphasized that for its implementation, the administrative body must clarify all the circumstances of the case, acting on its own initiative. The duty to establish the circumstances of the case is limited by what the administrative body is able to do and what is expedient in each specific situation. Particular attention is paid to the question of how the legal position of the addressee of the planned administrative act (action) should be taken into account in view of the provisions of the Constitution when making a decision on the basis of discretional powers. The author analyses the content of the following constitutional (fundamental) rights and principles (the right to equal treatment, proportionality) and formulates the positions that the administrative body should consider Conclusions. The central criteria for observing the rights and freedoms of the addressee of the event are the duty of equal treatment and the principle of proportionality. Since the reduction of discretion or narrowing it to zero is the result of the influence of the rights and freedoms guaranteed by the Constitution, the decision of an administrative body is considered legal if it was adopted within the available limits of discretion. And any other decision will be considered a significant interference with the addressee’s rights and freedoms and will no longer be proportionate. The same applies to the obligation to treat similar cases similar and treat different cases differently, because if the discretion of the administrative body is limited or reduced to zero, any other decision is a violation of the duty of equal treatment. These two criteria are clear requirements that administrative bodies must comply with when making decisions, and the verification of compliance with these criteria is carried out by administrative courts in accordance with Art. 2 KAS. This control applies to most cases of abuse of discretion, and therefore complex constructions of abuse of discretion are necessary only in some very special cases.
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MONTESCHIO, Horácio, Valéria Juliana Tortato MONTESCHIO, and Giovana Zanete MONTESCHIO. "A RESPONSABILIDADE ADMINISTRATIVA E CIVIL DE PESSOAS JURÍDICAS PELA PRÁTICA DE ATOS CONTRA A ADMINISTRAÇÃO PÚBLICA EM FACE DA LEI Nº 12.846/2013 “LEI ANTICORRUPÇÃO”." Percurso 2, no. 29 (April 3, 2019): 240. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3497.
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RESUMOCom a entrada em vigor da Lei nº 12.846/2013, também conhecida como Lei Anticorrupção, que entre os seus principais dispositivos buscam inovar o ordenamento jurídico pátrio ao disciplinar a responsabilidade administrativa e civil de pessoas jurídicas pela prática de atos contra a administração pública. A importância da legislação sobressai diante da busca de uma nova visão interpretativa e sancionatória com o claro objetivo de alcançar a redução da prática de atos de corrupção, tendo em vista que eliminar tão ignóbil e abjeta prática da realidade brasileira se mostra totalmente impossível. Em face do texto legal recentemente sancionado a Lei nº 12.846/13 passa a exigir que as empresas públicas e privadas venham a se adaptarem às inovações propostas. Como principal consequência da “Lei Anticorrupção” encontra se obrigatoriedade de implantação de mecanismos de prevenção e planejamento estratégico, a fim de monitorarem o relacionamento com a Administração Pública, com o intuito de evitar a aplicação das severas penalidades previstas. Por sua vez, os mecanismos inseridos na Lei anticorrupção tem o escopo de controlar as práticas empresariais, bem como consolidar a integridade das práticas de relacionamento entre as empresas, as quais permitirão alçar um novo patamar de cultura cidadã e ética no âmbito empresarial, que reverterá para toda a sociedade. PALAVRAS-CHAVE: Responsabilidade Civil e Administrativa; corrupção; complience; controle administrativo. ABSTRACT With the entry into force of Law No. 12,846 / 2013, also known as the Anti-Corruption Law, which among its main provisions seek to innovate the legal order of the country by disciplining the administrative and civil liability of legal entities for the practice of acts against the public administration. The importance of legislation stands out in the search for a new interpretive and sanctioning vision with the clear objective of achieving a reduction in the practice of acts of corruption, since eliminating such ignoble and abject practice of the Brazilian reality is totally impossible. In light of the recently enacted legal text, Law No. 12.846 / 13 requires that public and private companies adapt to the proposed innovations. As a main consequence of the "AntiCorruption Law", it is mandatory to implement prevention and strategic planning mechanisms in order to monitor the relationship with the Public Administration, in order to avoid the application of severe penalties. In turn, the mechanisms included in the Anti-Corruption Law have the scope to control business practices, as well as to consolidate the integrity of the relationship practices between companies, which will allow to raise a new level of citizen culture and ethics in the business sphere, which will revert for the whole society. KEYWORDS: Civil and Administrative Liability; corruption; complience; administrative control.
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Buchkivska, V. L. "Provision of Immediate Conduction of a Medical Examination of a Person as a General Duty of a Judge for the Protection of Human Rights in Aspect of Article 206 of the Criminal Procedural Code of Ukraine." Medicne pravo, no. 1(25) (February 25, 2020): 29–37. http://dx.doi.org/10.25040/medicallaw2020.01.029.
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The Bangalore Principles for the Conduct of Judges of 19 May 2006, adopted by UN Economic and Social Council Resolution 27 July 2006 № 2006/23 [1], stipulate that a judge must exercise his or her judicial function independently, based solely on a factual assessment, in accordance with a conscious understanding of the law. , regardless of outside influence, motivation, pressure, threats or interference, direct or indirect, carried out by any party and for any purpose. It is also stated that the objectivity of a judge is a necessary condition for the proper performance of his duties. It is manifested not only in the content of the decision, but also in all the procedural actions that accompany its adoption.
In accordance with Principle V set out in Recommendation 94 (94) 12 “Independence, effectiveness and role of judges”, adopted by the Committee of Ministers of the Council of Europe at its 518th meeting of the Ministers' Deputies on 13 October 1994 [2], judges are required to the case is impartial, based on its own assessment of the facts and its own interpretation of the law; to ensure that each party has an equal opportunity to be heard and that the procedural rights of each party are respected in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Analysis of recent research and publications. Problems of judicial control and application of Article 206 of the CPC of Ukraine were studied by such scientists as VF Boyko, VS Zelenetsky, VT Malyarenko, OR Mykhaylenko. Some issues of the powers of the investigating judge were considered by VD Bryntsev, YM Groshevy, VI Shyshkiv, ME Shumylo, Glovyuk IV [3].
According to paragraph 18 part 1 of Article 3 of the CPC of Ukraine, the investigating judge is a judge of the court of first instance, whose powers include the exercise in the manner prescribed by this Code, judicial control over the rights, freedoms and interests of persons in criminal proceedings. , provided for in Article 247 of this Code, - the chairman or another judge of the relevant appellate court. The investigating judge (investigating judges) in the court of first instance is elected by the assembly of judges from among the judges of this court.
The main purpose of the investigating judge is to provide judicial protection of the rights and legitimate interests of persons involved in criminal proceedings, and to ensure the legality of the proceedings in the pre-trial stages. This determines the specific nature of his criminal function, which is to ensure the legality and validity of the restriction of constitutional human rights and freedoms in pre-trial proceedings [4].
Article 206 of the CPC of Ukraine defines the general responsibilities of a judge for the protection of human rights.
Thus, in particular, Part 6 of this article provides that if during any court hearing a person alleges the use of violence against him during detention or detention in an authorized public authority, public institution (public authority, public institution, which the law provides the right to detain persons), the investigating judge is obliged to record such a statement or to accept a written statement from the person and: 1) to ensure the immediate conduct of a forensic examination of the person; 2) instruct the relevant body of pre-trial investigation to conduct an investigation of the facts set forth in the person's application; 3) take the necessary measures to ensure the safety of the person in accordance with the law.
First of all, it should be noted that despite the title of the article "General responsibilities of a judge for the protection of human rights", in the article the legislator gives the duty to protect the human rights of the investigating judge and indicates the mandatory procedural steps to be taken. judicial protection of the rights and legitimate interests of persons involved in criminal proceedings. Such a procedural defect leads to different interpretations of this article and, as a consequence, different application in judicial practice. Correctly indicates AP Bushchenko that the "court hearing" in the context of this article is used in the broadest sense, so this duty of a judge exists during any court hearing [5].
It should be noted that on October 17, 2019, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine to Improve Certain Provisions of Criminal Procedure Legislation" entered into force, according to which the parties to criminal proceedings received the right to independently involve an expert to conduct an examination.
For the unity of judicial practice, it is necessary to amend and detail the subjects who should be entrusted with the actions provided for in Part 6 of Article 206 of the CPC of Ukraine and specify in which cases the legal provisions of paragraph 1 of Part 6 of this Article apply. if during any court hearing a person alleges violence during detention or detention in an authorized public authority, state institution (public authority, state institution, which by law has the right to detain persons), the investigating judge is obliged to record such a statement or to accept a written statement from a person and to ensure an immediate forensic examination of the person. In addition, if we are talking about a forensic examination, then in this case should be considered that on the basis of this court decision should be conducted examination, because according to the legal requirements of Part 2 of Article 84 of the CPC of Ukraine is the expert's opinion.
Summarizing the above, it should be noted that Article 206 of the CPC of Ukraine, which defines the general duties of a judge to protect human rights, requires changes and details of certain provisions, in particular in determining the composition of the court, which has the right to judicial protection of rights and legitimate interests. involved in criminal proceedings; detailing the subjects who should be instructed to perform the actions provided for in Part 6 of Article 206 of the CPC of Ukraine and specifying the cases in which the legal provisions of paragraph 1 of Part 6 of this Article are subject to application; and an indication in the law as to whether court decisions adopted pursuant to Article 206 of the CPC of Ukraine are subject to appeal.
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LISYUK, V. M., T. P. LOZOVA, S. O. KRAMSKYI, and K. V. SKOPTSOV. "REGULATION OF THE STATE ECONOMY IN THE POST-WAR PERIOD ON THE BASIS OF SELECTIVE IMPORT SUBSTITUTION." Economic innovations 25, no. 2(87) (June 20, 2023): 39–48. http://dx.doi.org/10.31520/ei.2023.25.2(87).39-48.
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Topicality. Today's drastic changes in the global market situation affect domestic economies, both developed and that are not. Under such influence, not only the structure of the economy changes, but also relationships. Moreover, the impact on the latter is more noticeable, which should be taken into account by governments, the system of resource distribution and, in general, the system of its regulation.The motivations for states to apply the policy of selective import substitution are due to the need to take into account and adapt to changes in the global market situation.The proposed author's vision and possible forecast of the state of the economy and those problems that may arise for the country and regions as a result of economic losses from military operations. The need for a selective approach to the regulation of commodity markets with the mandatory participation of state and regional management bodies and corporations is substantiated. The methodological essence of it is presented with the disclosure of regulatory mechanisms, functions and powers of the subjects of the regulatory system. The research is intended to determine and substantiate the directions of operational regulation, formed and formed in the post-war period of the economic system and its further development.Aim and tasks: development of an effective approach to regulating the state economy in the post-war period on the basis of selective import substitution.The tasks that were set before the research to achieve the goal are reduced to the following definitions:-general theoretical provisions of the theory of import substitution and the possibilities of their application in the post-war conditions of Ukraine;-peculiarities and principles of motivating motives for the application of import substitution policy in the post-war period;-effective approaches to introducing a selective policy of import substitution in the post-war period;-mechanisms and measures of implementation of import substitution policy.Research materials and methods are based on: data of the State Statistics Service of Ukraine, the World Bank, publications of scientific articles and mass media, historical experience, dynamic comparison, content analysis, grouping, classification, modeling, forecasting, etc.Research results of studies include:- definition (clarification) of the essence of the policy of selective import substitution;- justification of the need to combine two theories - import substitution and selective regulation;- determination of the motivations for the introduction of the policy of selective import substitution in the state in relation to the appropriate time and state of the economy of its strategic markets;- a methodical approach to the definition and selection of economic mechanisms that can and should implement the policy of selective import substitution in the country;- defined sectors of the national economy and markets to which targeted regulation should be applied in the first place;- the proposed method of determining a complex of mechanisms that can be applied in the implementation of the policy of selective import substitution and the selection of target tasks from it.Conclusion. The conclusions obtained during the research are summarized as follows:- the main task of the state in the post-crisis (post-war) period, by the way, as in all other transitional periods, is the preservation of resources (human, natural, infrastructural, energy, food, etc.);- therefore, the markets on which these resources circulate as goods must be under strict state control, and given that during a crisis, war, they suffer significantly and lose their assets, resources, they are subject to strict targeted regulation;- the most suitable and effective method of economic regulation of markets for post-crisis countries that have lost a significant part of their resources (including Ukraine) is the method of selective import substitution.
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Kopynets, Ivan, Mykola Stulii, and Tetiana Protopopova. "EUROPEAN PRACTICE OF SOLVING ISSUES OF EFFECTIVE FUNCTIONING OF SURFACE DRESSING OF PAVEMENT. СOMPLIANCE OF SURFACE DRESSING CHARACTERISTICS WITH TECHNICAL CONDITIONS OF DSTU EN 12271:2021 (EN 12271:2006, IDT)." Dorogi i mosti 2022, no. 25 (March 17, 2022): 58–76. http://dx.doi.org/10.36100/dorogimosti2022.25.058.
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Introduction. The wearing course of a road pavement is in complicated operational conditions in combination with adverse weather and climatic factors that are characteristic of the country for most of the year. These factors make high demands on the wearing course, in particular arranged by the method of a surface dressing. European practice of solving these issues is based on the provisions of a set of standards that can serve to solve the problems of effective functioning of a surface dressing on roads in Ukraine. Problem statement. The introduction of the requirements of the Association Agreement between Ukraine and the EU [1] into the road sector on a new favorable regime for economic relations, improvement of trade and investment are key factors in economic modernization and sustainable development of the country. European realities indicate that one of the prerequisites for the effective functioning of the road network is, first of all, implementation of modern standards. Actually, in our country there is an urgent need for their updating, in particular for the modern practice of solving the issues for the arrangement of surface dressing of the pavement, especially its design and quality control of work. Therefore, for implementation of the requirements of this Agreement, “DerzhdorNDI” SE has prepared a comprehensive set of national standards in this area with an identical degree of compliance with European requirements. Purpose. The purpose of the work is to promote the implementation of national standards with an identical degree of compliance with European requirements for the efficient operation of layers, arranged by the method of surface dressing on the roads in Ukraine. In this regard, at the present stage, only those requirements are considered, which are set out in the DSTU EN 12271: 2021 (EN 12271: 2006, IDT) «Surface dressing. Specifications» which is being prepared for publication by the National Standardization Body of Ukraine. The related standards, which are applied as a whole, will be updated and presented after their entry into force in the following parts of the article for the acquaintance of the road community. These standards are: –– DSTU EN 12272-1:2021 (EN 12272-1:2002, IDT) Surface dressing - Test methods - Part 1: Rate of spread and accuracy of spread of binder and chippings [2]; –– DSTU EN 12272-2:2020 (EN 12272-2:2003, IDT) Surface dressing - Test methods - Part 2: Visual assessment of defects [3]; –– DSTU EN 12272-3:2020 (EN 12272-3:2003, IDT) Surface dressing. – Test method - Part 3: Determination of binder aggregate bonding by Vialit plate shock test method [4]. Materials and methods Analysis of the national standard DSTU EN 12271: 2021_ (EN 12271: 2006, IDT) Surface dressing - Requirements with identical degree of conformity EN 12271: 2006 (version en) Surface dressing - Requirements[5]. Results The requirements of the national standard for the effective functioning of the surface dressing of roads in Ukraine are considered, further use of which provides an opportunity to improve the performance of works for its arrangement. Conclusion.The implementation of the requirements of the standard will contribute to the establishment of scientifically sound standards for surface dressing. The priority approaches proposed in it regarding requirements, design process and quality control can be approved as modern, requiring application in the road industry. In particular, it is appropriate to introduce requirements for the mandatory arrangement of the test site to confirm surface dressing performance (Type Approval Installation Trial (TAIT)), or measures taking into account the specifics of Factory Production Control (FPC). The use of the requirements of the standard will be facilitated by the development of country regulations or practical recommendations based on regional local conditions, and their implementation in order to create the most relevant areas of effective forms of improving the quality of surface dressing.
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KOVAL, Olena. "BIOLOGICAL ASSETS IN ACCOUNTING: PROBLEMATIC ASPECTS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 1 (41) (January 2019): 112–21. http://dx.doi.org/10.37128/2411-4413-2019-1-9.
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The issues of accounting and information provision of management, state and social control over biological assets with genetically modified forms are considered. The method of constructing a separate account of the availability of genetically modified biological assets (GMBA) and operations on their transformations has been developed, ways of improving the quality of the P (S) "Biological Assets" and IAS 41 "Agriculture" have been identified, which lies in the rethinking of the role of agricultural activity for social and environmental and environmental factors of human development. The analysis of accounting standards has shown that in the content of P (S) "Biological Assets" and IAS 41 "Agriculture" there is no information on the procedure for the accounting and control of biological assets and agricultural products from GMOs. In connection with this, it is necessary to find an integrated approach to building a system of accounting for biological assets with genetically modified organisms, in view of increasing public requests for accounting information in the context of sustainable development. Since GMOs are the assets of all agricultural enterprises in the form of biological assets and agricultural products, for the "transparent" accounting of the enterprise it is necessary to reflect them as separate objects of accounting. Mandatory allocation of relevant analytical accounts leads to the introduction of additional articles on genetically modified biological assets in the accounting registers of accounting and statistical reporting. The accounting of biological assets with genetically modified organisms should ensure that accurate information is obtained about the quality and quantity of these assets, and the basis for their reliable assessment. More responsibly should be placed on the disclosure of information on genetically modified biological assets in the Notes to the Financial Statements. We suggest that the accumulated information on biological assets from GMOs be reflected in a separate section in section 16 entitled "Financial Results from Primary Acceptance and Marketing of Agricultural Products from GMOs and Additional Biological Assets with GMOs". The introduction of a separate section in the notes on genetically modified assets will allow obtaining the necessary operational information on these assets for management needs and for the state as a whole. Information on the biological assets of the enterprise and their biological transformations, as well as agricultural products, are reflected in the Form 50-s. "Basic economic indicators of agricultural enterprises". We consider it expedient to supplement it with another section, which will reflect the information on the composition of production and marketing of agricultural products from GMOs. The financial statements of agricultural enterprises require changes in the reflection of the reassessment of biological assets and information on the production and sale of genetically modified assets. Information on GMO biological assets is currently absent from P (S) "Biological Assets" and IAS 41, although it is significant both at the enterprise level and on the basis of the country as a whole. Therefore, we consider it expedient to supplement the contents of the provisions with the section "Environmental safety", which will specify the method of constructing a separate accounting for biological assets with GMOs. Solving the problems of accurately displaying information in accounting and reporting regarding genetically modified biological assets and their biological transformations requires the adoption of new, regulatory and legal decisions by the state. Taking into account the harmonization of Ukraine's legislation with the EU, this statement is quite logical. In this regard, we propose the standard of accounting for agricultural activities to be supplemented with the section "State support", which, in addition to the norms reflected in IAS 41, found a place and provisions to stimulate the production of biological assets and agricultural products without genetically modified organisms.From the above, we believe that at the state level, companies should be required to account for biological assets and agricultural products from GMOs in accounting and reporting. The real steps in this regard are to create, with the help of economic incentives (taxes, loans, privileges, etc.), state support to companies that provide true information on the availability of biological assets from GMOs, the quantity of GM products grown and markets for its sales. Consequently, taking into account the advantages and disadvantages of a new accounting of agricultural activity, having identified the problems of its application in practice, we propose to finalize P (S) 30 "Biological Assets". The revised standard will facilitate more realistic accounting in agriculture and achievement of higher end results of activities in order to ensure the management of reliable and truthful information about the results of activities. Improvement of P (S) 30 "Biological Assets" lies in the rethinking of the role of agricultural activity for social and environmental and environmental factors of human development. The issue of "State support" and "Environmental safety" require separate disclosure in agricultural sectoral standards. The world standardization of accounting and reporting of the production of genetically modified products is also very important
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Kruhlyanko, Andriy, and Inna Kormakova. "IMPACT OF ADMINISTRATIVE MANAGEMENT ON THE COMPETITIVENESS OF HOSPITALITY INDUSTRY ENTERPRISES." BULLETIN OF CHERNIVTSI INSTITUTE OF TRADE AND ECONOMICS 2, no. 86 (June 30, 2022): 124–36. http://dx.doi.org/10.34025/2310-8185-2022-2.86.09.
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In the period of economic globalization changes, competitiveness becomes a mandatory criterion for the effective development of the market of hotel and restaurant services. In the process of competition, hotel and restaurant business (HRB) enterprises are looking for ways to satisfy consumer demand, taking into account the optimal use of resources. Determining the optimal algorithm for building management processes of a strategic and operational nature is currently one of the most urgent and complex business problems for the facilities of the hospitality business. The stabilization of the favorable competitive position of organizational units will depend on the timeliness and clarity of the solution to this issue. Therefore, having economic independence and being fully responsible for the results of their economic activity, hotel and restaurant structures should form management systems that would be able to act as a guarantor of high efficiency, competitiveness, as well as a stable position on the market of hospitality services. Competitiveness in modern market conditions must be considered both from the point of view of the consumer and the enterprise itself, therefore, management activity is an important stage of increasing the competitiveness of the firm. First of all, it manifests itself in the organizational structure that is built at this enterprise, the location of management personnel by levels and management links, the distribution of work and management methods. The quality of managerial decision-making is determined by the level of professional skill of the managers of the enterprise and its divisions. Therefore, today's personnel management procedure consists of a set of innovative elements created around the interaction of employees, activation of the creative potential of personnel, integration of their desire for results and set goals. As a matter of fact, the formation of creativity and innovative thinking of the personnel of modern hotels and restaurants will be the basis of their competence and a condition for survival in a competitive war. The high-quality provision of services by HRB enterprises directly depends on the quality of work of each employee of the organization, that is, the success of the organization directly depends on the cohesion of the collective or team. If the team has a general focus on the result, is subject to a single company policy, knows how to competently divide work and act harmoniously, then it is able to withstand the competition with dignity. The task of administrative management is the development and adoption of management decisions, the distribution of tasks among executors and control over their quality performance. The competitiveness of the enterprise will depend on how the problems of the quality of products and services will be solved by HRB enterprises using administrative management methods. The purpose of the article is to study the influence of administrative management on the competitiveness of the hotel and restaurant business. The theoretical and methodological foundations of the research are fundamental provisions of management, international economy and world economy; formal logistics; general scientific theoretical methods of grouping and generalization, comparison, expert evaluation, which involves a consistent and structural analysis of terms and concepts (when researching the content of administrative management, competitiveness); a combination of methods, systematic and logical-sequential analysis for evaluating the researched processes (when classifying factors that affect the competitiveness of HRB enterprises); analysis and synthesis. The methodological basis of the article is the application of the principle of the unity of theory and practice. The article describes the essence of the competitiveness of the enterprises of HRB. The main factors affecting the competitiveness of the enterprises of the Republic of Belarus are given. The importance of administrative management for the enterprises of HRB is substantiated. The impact of administrative management on the competitiveness of HRB enterprises has been revealed. The practical significance of the results obtained is determined by their relevance, the validity of the proposed provisions and recommendations. The conducted research creates a theoretical and methodological basis for the implementation at the level of hotel and restaurant business enterprises of a complex system approach to the development of measures aimed at the effective performance of management functions to improve the quality of services of HRB enterprises, an internal economic mechanism that provides for the regulation of the main subsystems of HRB enterprises, which contributes increasing the competitive capabilities of firms in the development of ways to improve the quality of services of HRB enterprises. The need for further research into the impact of various management methods on the competitiveness of hotel and restaurant business enterprises is due to the intensifying competition in the hospitality industry. The stable development of HRB enterprises will depend on how the problems of competitiveness, quality of products and services will be solved.
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"Chronology of Practice: Chinese Practice in Private International Law in 2022." Chinese Journal of International Law, December 19, 2023. http://dx.doi.org/10.1093/chinesejil/jmad043.
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Abstract This survey contains materials reflecting the Chinese practice of private international law in 2022. Firstly, the changes in the statutory framework of private international law in China include two legislative acts and one administrative regulation. Moreover, three international treaties in this regard were ratified by the National People’s Congress. Secondly, three judicial interpretations of the Supreme People’s Court (“SPC”) were adopted or amended, and 56 typical cases in six judicial documents on different topics were issued by the SPC. Thirdly, four typical cases on Chinese courts’ jurisdiction; 14 cases on choice of laws on various issues such as foreign investment contracts and negative lists, rights in rem, life insurance contracts and mandatory rules; one case on international judicial assistance rendered to an Argentinean court; three cases on interim measures; three cases on the recognition and enforcement of foreign judgments; nine cases on international arbitration including international sports arbitration and foreign awards, are selected in this survey for their emerging significance. Fourthly, the provisions regarding the extraterritorial application of Chinese laws have been identified for the first time in this series of surveys, shedding light on this aspect of private international law in China. They include those contained in, inter alia, China’s Anti-Monopoly Law, Anti-foreign Sanctions Law, Export Control Law, Securities Law, the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures, as well as the Provisions on the Unreliable Entity List.