Статті в журналах: "Associations, institutions, etc – law and legislation"

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OBRUSNA, Svitlana, Olha DULHEROVA, and Iryna IVANOVA. "The concept and essence of the institutional capacity of Ukraine’s judicial system." Economics. Finances. Law 7, no. - (July 28, 2023): 52–55. http://dx.doi.org/10.37634/efp.2023.7.10.

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Introduction. Current state-building and law-making processes as well as Ukraine’s European integration course substantiate the need for further research into the issues of the institutional capacity of the judicial system of Ukraine, in particular, the determination of its essence, features, ways of formation, etc. The above issue has not been in the focus of theoretical and legal attention in legal science yet. In domestic scientific sources, the problems of the institutional capacity of the judicial system of Ukraine are considered somewhat fragmentarily, which does not contribute to the formation of unified scientific approaches and their practical solution. The purpose of the paper is to determine the content and essence of the institutional capacity of the judicial system of Ukraine based on the analysis of current domestic legislation, international legal acts, and lawyers’ opinions. Results. It is noted that in modern science there is a pluralism of approaches to determining the essence of institutional capacity. The issues related to institutional capacity are studied in terms of the state, certain state and non-state institutions, public associations, etc. Therefore, taking into account the wide range of aspects covered by the concept of institutional capacity, its content can be most fully revealed only in a certain practical context, which also concerns the issue of the institutional capacity of the judicial system. It is determined that the institutional capacity of the judicial system of Ukraine is its ability to perform its functions effectively and transparently by ensuring the appropriate level of regulatory compliance, as well as structural, organizational, personnel and technical systems, processes and resources. The elements of the institutional capacity of the judicial system of Ukraine include its structural construction, legislative and regulatory support, financial resources, personnel support, organizational autonomy of courts and independence of judges, cooperation between judicial bodies and external relations, management systems and practices, leadership and judicial administration, training and maintaining the qualifications of both judges and court staff, judicial self-government, implementation of the latest techniques and technologies, etc. Conclusion. An institution with a sufficiently high level of institutional capacity will ensure the appropriate level of efficiency and effectiveness of its own activities. The institutional capacity of the judicial system of Ukraine includes a certain set of elements and features that ensure its effective operation and allow achieving the purpose of the existence of this institution.

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Pylyp, Victoria. "LEGAL PRINCIPLES OF INTERACTION THE PROSECUTOR GENERAL’S OFFICE OF UKRAINE WITH CIVIL SOCIETY INSTITUTIONS." Administrative law and process, no. 3 (42) (2023): 16–27. http://dx.doi.org/10.17721/2227-796x.2023.3.02.

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Purpose. The purpose of the article is to clarify the principles of cooperation between theprosecutor’s office and institutions of civil society in the context of the implementation of the lawenforcement function. Methods. A complex of general and special scientific research methodsrepresents the theoretical and methodological basis of the research. In particular, the method of analysis and synthesis, systemic, systemic-structural, and comparative-legal was used during theanalysis of the current legislation of Ukraine and the assessment of the current state of regulationof certain aspects of the interaction of the prosecutor’s office with institutions of civil society. Themethods of analysis, synthesis, and forecasting contributed to the definition of certain debatableprovisions of the “Community Prosecutor” concept. In general, a comprehensive approach to theapplication of general and special scientific research methods ensured the reliability and validityof formulated conclusions, recommendations, and suggestions. Results. The conducted textualanalysis of the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office”proved that the main profile legislative acts do not define the legal basis for the interaction ofthe prosecutor’s office and formalized structures of civil society, in particular such as the media,public organizations and other associations of citizens. This made it possible to state that thecurrent state of legal support for the joint activity of the latter in the context of law enforcementactivities is insufficient. Therefore, to ensure the implementation of such activities within thelegal framework, the unification of common activity algorithms, and the development of effectiveforms of interaction, it is important to regulate these aspects at the legislative level. It was foundthat the implementation of the “Community Prosecutor” Concept is promising in establishingfruitful communication between the prosecutor’s office non-governmental organizations, and thepopulation, however, the importance of reforming the legislation to implement the ideas enshrinedin it was emphasized. It was determined that the experience of civil society in some countries ofEurope and the world is proven. It was established that the latter purposefully certifies that themain constitutional duty of the prosecutor’s office is to protect and ensure social interests, the legalsystem, and a democratic society, and determine the priority areas of activity of the prosecutor’soffice, which should be given “special attention” in ensuring prosecution. Conclusions. Basedon the modern realities in which the civil society institutions of Ukraine are developing, it isimportant to establish their communication and interaction with the prosecutor’s office. Thefollowing forms of implementation of the law enforcement function of the state, through the jointinteraction of the outlined subjects, are considered promising for implementation, such as theinvolvement of the media in informing the public about the results and nature of the activitiesprosecutor’s office, informing about the results of conducted journalistic investigations to conducta competent review of the latter to identify facts of illegal behavior of individual subjects or theirgroups. It is important to involve public organizations, in particular human rights defenders,and other associations of citizens for joint information and educational, and scientific activities,involving the latter in such relevant forms of activity as documenting war crimes, conductingopen data investigations, and analyzing social networks to identify illegal actions of individualsubjects, etc. It is emphasized that the prospects for further interaction of the prosecutor’s officewith institutions of civil society dictate the need for normative consolidation of the relevant legalfoundations of this activity. In connection with this, it is proposed to make changes to the Lawof Ukraine “On the Prosecutor’s Office”, in particular, to supplement it with a separate section,which should define the fundamental principles of interaction between the prosecutor’s office andcivil society institutions.

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SOLOMINA, Hanna, Mariia ROZHENKO, and Anastasiia VOVCHENKO. "Legal regulation of the financial sector in the minds of European integration." Economics. Finances. Law 4/2024, no. - (April 30, 2024): 49–53. http://dx.doi.org/10.37634/efp.2024.4.10.

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The paper shows that under the conditions of Ukraine's association with the European Union, the following institutions of financial law are subject to significant transformations: budget law - the development of the medium-term budget planning system, the refusal of the annual adoption of the Laws of Ukraine "On the State Budget", tax law - the common VAT system; gradual approximation of excise tax rates on tobacco products to the corresponding EU rates; bringing the classification of alcoholic beverages and the list of excise goods into compliance with EU requirements through the inclusion of electricity and natural gas, coal and coke (for heating and electricity generation) in the list of goods; legal regulation of financial control - implementation of standards and methods of the International Organization of Higher Financial Control Bodies INTOSAI, harmonization of state internal control with international standards of the Institute of Internal Auditors, the International Federation of Accountants, etc.; the legal basis of public expenditures and budget financing - the spread of program-targeted approaches in the budget process and the analysis of the efficiency and effectiveness of the implementation of budget programs. It has been proven that for the implementation of European legislation, Ukraine needs to carry out a number of reforms, including civil service reform; reform of anti-corruption legislation; deregulation reform; budget and tax reform, introduction of electronic tax administration. Important positive consequences should be expected from joint measures in the field of combating tax evasion, tax fraud, as well as the use of new methods of investigation of tax crimes, etc.

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Pylyp, V. V. "Ukrainian civil society institutions and organisations activities under special legal regimes." Law and Safety 91, no. 4 (December 25, 2023): 20–33. http://dx.doi.org/10.32631/pb.2023.4.02.

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The activity of state institutions and civil society under special legal regimes differs from the general procedure for exercising their powers to some extent. This is due to both the conditions in which they operate and the regulatory and legal changes that are mainly aimed at regulating social relations in accordance with the realities of public life. Given the above, the purpose of the study was to determine the peculiarities of the activities of institutions and organisations of civil society in Ukraine under emergency legal regimes, in particular during martial law and the state of emergency. It has been found that the main part of the legal framework for the establishment and development of civil society, which is the basis for the operation of its institutions and organisations under special legal regimes, is made up of constitutional provisions, but some of them may be limited for a certain period of time. Therefore, the doctrinal component of the development and functioning of civil society remains unchanged, but the substantive components of the fundamental, human rights, functional and institutional components are modified. It has been determined that for the period of introduction of special legal regimes, some laws expand the scope of competence of public authorities in terms of their interaction with civil society institutions, as well as in terms of regulation of the latter's activities. The main measures taken to ensure national security in 2022-2023 under the legal regime of martial law and aimed at regulating the activities of civil society institutions and organisations include: regulating the grounds and procedure for terminating the activities of public associations, religious organisations, trade unions, and their associations; enshrining at the legislative level the areas of volunteer activity, simplifying the procedure for registering volunteers for the anti-terrorist operation and/or measures to ensure national security and defence, repulse and deter the armed aggression of the russian federation; the procedure for the activities of these institutions; adopting the Law of Ukraine "On media" to stimulate a competitive environment, equality and independence of the media and to protect the national interests of Ukraine and the rights of users of media services, etc. At the same time, some of the provisions formulated and adopted are not exemplary, as some of them contradict each other, which requires further research to eliminate legal conflicts and ultimately improve the activities of civil society institutions and institutions under special legal regimes.

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Korniienko, V. V. "Circumstances for Committing Crimes in the Banking Sector: Normative and Legal Aspect." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 295–304. http://dx.doi.org/10.32631/v.2020.4.28.

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The historical way of the development of banking business and the state of its legislative provision, which had an impact on criminal behavior in this area, has been studied. It has been noticed that the responsible officials of banking institutions, due to their high level of education, skillfully used gaps or contradictions in the legislation for the useful purposes of illegal enrichment. They quickly adapt to amendments in normative and legal regulation and invent new schemes of criminal technology. The key factors in the situation of committing crimes in the presented area are: search for opportunities for criminal enrichment by using existing powers; conspiracy of officials of commercial banks with representatives of supervisory agencies (curators from some units of the National Bank of UKraine) in order to cover up criminal activity; development of a plan of financial fraud with representatives of commercial organizations in order to steal the entrusted funds and their further legalization. Typically, such criminal “associations” try to have long-term relationships under the guise of corrupt relations with supervisors and banking secrecy in order to systematically generate illicit proceeds. In case of the risk of detecting criminal schemes, the banking institution may be brought to bankruptcy, which is used as the method to hide traces of criminal activity. Analysis of the impact of regulatory factor in the context of committing economic crimes in the banking sector is a perspective and relevant area of further research. In this regard, the development of the doctrine of forensic forecasting in conditions of instability of processes in the economy in its individual segments (lending, currency regulation), weak control over the conduct and accounting of banking transactions, etc. is of great importance. Equally important is the development of cooperation between law enforcement agencies involved in the fight against crime in the banking sector, with the units of the National Bank, the State Fiscal Service and financial monitoring; the improvement of the methodology of conducting certain types of examinations, etc. Provisions for such cooperation are enshrined in law and are in force, but some need to be revised in the light of central government reforms.

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Melnyk, Kostiantyn. "Current State and Trends in the Legal Regulation of Trade Unions in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 107–18. http://dx.doi.org/10.37635/jnalsu.27(2).2020.107-118.

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The paper investigates the relevant issues in both the science of labour law and the rule-making activities on the current state and trends in the legal regulation of trade unions in Ukraine. The relevance of the study is conditioned by the importance of social dialogue both in world of work and in other spheres of life of Ukrainian society for the sustainable development of the national economy and the state in modern conditions. The purpose of the paper is to provide scientifically sound conclusions and proposals for improving the legal regulation of trade unions in Ukraine. The study applied general scientific and special methods of scientific knowledge (dialectical, Aristotelian, comparative legal, system analysis) to inspect the legal status of trade unions; the provisions of the current national labour legislation and the legislation in the field of trade union rights were compared with the provisions of the draft Labour Code of Ukraine, the Law of Ukraine "On Labour", etc., which stipulate the rights of trade unions. The study concludes on necessity of the following: 1)to preserve to the full the provisions aimed at ensuring the proper operation of trade unions as representatives and defenders of labour rights of their members in relations with employers and maintenance of high authority and status of trade unions in enterprises, institutions, organisations in current and future national labour legislation and legislation on trade unions; 2) to introduce new forms and methods of activity of trade unions in Ukraine, as well as to coordinate their activities and association with trade unions operating at the supranational level; 3) to make maximum effort to ensure equality of rights of all trade unions in Ukraine and the possibility of exercising the rights, powers, and guarantees of activities stipulated by national labour legislation and legislation in the field of trade union rights

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LITVINOVA, Iryna, and Viktoriia KOVALOVA. "Implementation of state policy in the field of prevention and response to domestic violence." Economics. Finances. Law, no. 12(4) (December 28, 2019): 10–13. http://dx.doi.org/10.37634/efp.2019.12(4).2.

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Introduction. The provisions of national law indicate that state policy in the field of prevention and counteraction to domestic violence is one of the priorities of the state legal policy of Ukraine. The purpose of the paper is as follows: to review on the basis on legislation provisions the implementation of state policies in the field of preventing and combating domestic violence, by improving the forms of protection and assistance for victims of domestic violence. Results. In Ukraine domestic violence is not a purely family affair, since the state has established an effective mechanism for combating and preventing domestic violence; is defined a list of actors authorized to take appropriate measures. Subjects of administrative and legal response to domestic violence are the empowered state authorities, executive and local self-government bodies and their structural subdivisions, citizens' associations, enterprises, institutions and organizations, as well as individuals - citizens of Ukraine, foreigners, and stateless. It can be stated that currently in Ukraine there is a rather broad system of providing protection and assistance to domestic violence victims, which is aimed at securing the rights and legitimate victims’ interests of such violence, providing them with effective assistance and protection, preventing recurrence of domestic violence in the future. Domestic violence is counteracted and prevented through a wide range of state-provided means. Criminal, administrative and civil law responsibility may be imposed for the commission of domestic violence, furthermore the legislation provides for basic and specific measures to counter domestic violence. Conclusions. To overcome the problem of domestic violence, it is necessary to introduce an effective system of avoidence and prevention of this type of violence, this system should be based on the following elements: 1) prevention; 2) providing protection and assistance to victims; 3) bringing the perpetrators to justice. However, in our opinion, the solution to the preventing and combating domestic violence problem is possible only by joining forces of public and state structures, mass media, educational and medical institutions, national communities, etc.

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Goncharov, Vitaly V. "Voluntary Involvement in Exercising Public Control in the Russian Federation as Its Principle: The Constitutional Law Analysis." Jurist 1 (January 18, 2024): 39–44. http://dx.doi.org/10.18572/1812-3929-2024-1-39-44.

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This article is devoted to the constitutional and legal analysis of the principle of voluntary participation in the exercise of public control in the Russian Federation. The subject of the analysis is the relevant provisions of the legislation of the Russian Federation devoted to the organization and implementation of public control in Russia and the practice of their application; general and private scientific methods are used — analysis, synthesis, analogy, formal legal, comparative legal, interpretation of legal norms, sociological, historical and legal, etc. The article substantiates the role and place of this institution of civil society in the system of legal guarantees for the implementation, protection and protection of the constitutional principles of democracy and the participation of society in the management of state affairs. The main approaches in the scientific and educational literature concerning the content of the concept of voluntary participation in the implementation of public control in Russia of citizens of the country, public associations and other non-profit organizations are investigated. The paper formalizes and studies the main problems that prevent the optimal implementation of this principle of public control in the organization and conduct of its events. The article develops and substantiates a system of measures to resolve these problems, including by introducing amendments and additions to the Constitution of the Russian Federation and the current legislation on public control.

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Pavlovskiy, Ruslan. "Toolkit for Performing Public Control of Compliance with Labor Legislation." 1, no. 1 (September 7, 2023): 81–92. http://dx.doi.org/10.26565/1727-6667-2023-1-06.

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In the article, through scientific abstraction, the concept of public control tools is defined as a set of means for realizing the goal of ensuring the rights, freedoms, and legitimate interests of individual citizens and society as a whole, which is carried out by public organizations, associations, and the population. Adapting the tools of control used in the management of organizations to the field of labor protection, it can be argued that public control in the field of labor protection can be carried out according to the legality of wage calculations, for which financial control tools can be used; part of the operational control tools can be involved in monitoring compliance with safety techniques at enterprises; individual quality control tools can be used in compliance with social labor conditions. The toolkit of public control over compliance with labor legislation can be selected depending on the purpose of its implementation. The purpose of control may change, and depending on it, one or another toolkit is selected, it may be more extensive, or only certain tools may be used. Even when the purpose of control is the same, the individual tasks resulting from it, and accordingly, the tools, may differ. The results of public control may be demands from the subjects of such control both to employers with the aim of guaranteeing certain social standards, ensuring constitutional rights (preserving life, health, etc.), and to state control bodies with the aim of introducing such demands into the regulatory and legal field. That is, the tasks of public control are not only the detection of deviations from the observance of labor protection norms by controlled objects, it is much broader and reflects the influences and demands of civil society. The article concludes that a civil society has been formed in Ukraine, whose institutions can take over certain functions of monitoring compliance with labor legislation, especially during martial law, when the risks of illegal actions on the part of employer’s increase.

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Muraviov, Victor. "THE LAW OF THE EUROPEAN UNION AND THE LEGAL ORDER OF UKRAINE: MECHANISM OF INTERACTION." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 1, no. 127 (2016): 68–78. http://dx.doi.org/10.17721/apmv.2016.127.1.68-78.

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The signing of the Association Agreement by Ukraine with the European Union and its member-states provides for the country a perspective of its integration in the Union with possible membership in it upon the creation of the free trade area between both partners. The realization of the Association Agreement is carried out on the international and national levels and is exercised by various means-accessions by Ukraine to international treaties, making national laws consistent with legal acts of EU institutions, recognition by Ukraine of national standards of EU Member States, mutual recognition of rules of the other side etc. The effective using of implementation legal tools requires from Ukraine establishing the proper and relevant legal background. Certain prerequisites for the application of the EU law into the Ukrainian legal framework have been existed. Nevertheless, they require be improving and reforming. The legal mechanism for implementing acts of association is still unsettled. It is related to the Council and the Committee of the association decisions. The corresponding mechanism in Ukraine has not been set up. It has the same concern with the European standards. Ukraine has to transpose the array of technical regulations as national standards with the conformity with EU legislation. However, it is not clear how this will be achieved. The article is focused on the analysis of the legal bases of the interaction of the European Union law and the Law of Ukraine. Specially elucidated the questions of the correlation of the EU law and the law of Ukraine, as well as the actual means of the implementation of the EU law in the legal order of Ukraine. The ways of the improvement of the legal mechanism of the realization of the EU law in the internal legal order of Ukraine are determined. There is emphasized that integration of Ukraine into the European Union will require important amendments into Ukrainian Constitution and other national legislation to provide the legal prerequisites for the realization of the EU law in the internal legal order of Ukraine. Special attention is paid to the means of implementation of international legal obligations in Ukraine.

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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.

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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.

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Котун, Кирил. "LEGISLATIVE SUPPORT OF TEACHER PROFESSIONAL DEVELOPMENT IN UKRAINE." UNESCO Chair Journal "Lifelong Professional Education in the XXI Century", no. 2 (December 27, 2020): 13–17. http://dx.doi.org/10.35387/ucj.2(2).2020.13-17.

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Modern education acquires qualitative transformations, adapting to new conditions. Institutions of postgraduate pedagogical education and methodological services are undergoing a thorough reorientation, to overcome a number of stereotypes in the system of teacher professional development before calling for educational services to improve the skills of newly established professional educational associations and NGOs. However, today not only is the problem of inconsistency of the current education system with new needs exacerbated, but also traditions and connections are being broken. Therefore, it is necessary to maintain cooperation between educational institutions and build new cooperation with communities in the regions, without losing the potential of institutions of postgraduate pedagogical education. The New Ukrainian School is changing the entire education system and the teacher, who must be an agent of change, a provider of educational reform, a community leader. These changes affect the system of postgraduate education, causing a new content and technological burden on the teacher professional development. The basis of teacher professional development is the awareness of all transformations in education as a natural need to constantly improve their skills, to form and develop a professional worldview and pedagogical consciousness. The ar-ticle outlines the features of legislative support for the teacher professional development in Ukraine. Several ways of implementing parts of the new law of Ukraine "On Education" on teacher professional development are substantiated (for example, change of forms of teacher professional development, change of mentality, financing of professional development, formation of a plan of teacher professional development etc.). The functional activities of the future Centres for Teacher Professional Development, which will replace the current methodical offices, as well as the concept of "professional development" are briefly outlined.

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Zakaluzhnaya, Natalia. "New Concept of Employment: Development of Labor Relations in the Digital Age." Legal Issues in the Digital Age 4, no. 1 (April 11, 2023): 24–52. http://dx.doi.org/10.17323/2713-2749.2023.1.24.52.

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The role and underlying functionality of labor law are radically changing in the current geopolitical and economic context. Though it gives rise of relations that follow specific rules non-standard forms of employment like outstaffing, gig employment, self-employment, spot employment etc., they may escape any regulation. At the same time, the role of integrative associations at work, transnational corporations is changing. The digitization in labor law is reaching a principally new level. While new methods of business cooperation and social communications will trigger the emergence of new effective forms of employment, the applicable labor law does not adequately follow realities of the day nor takes into account new and various forms of engaging people in specific activities including work. In December of 2022 a meeting on the draft “On Employment” was held at the State Duma. The draft had chapters addressing relations involved in platform work, non-standard forms of employment, etc. However, the draft raised a discussion and was revised, with outstaffing to be regulated under new principles. However, while the draft is not made effective, it can be amended and specified to make the proposed subject even more relevant. Therefore a need to conceptualize new forms of employment and to further improve the relevant legislation is a major area of action today. Moreover, automation at work, while bringing positive developments such as the use of robots able of better performing identical and repetitive tasks, is also fraught with various risks. At that, the increasing use of artificial intelligence is another threat to employment of the population. It is only logical that digitization at work entails non-standard forms of using classical institutions, opening up new possibilities to use social partnership, particularly, in the activities of sectoral unions for regulation of collective labor relations as discussed below in the paper. Author looks at issue of remote work and the nature of approaches to regulation of the underlying relations from a perspective of qualitative changes to regulation of electronic communication between workers and employers as part of remote legal relationships. It is proposed to revise relevant areas of research of mentioned and other relations to address contemporary challenges emerging in the field of labor law in the digital age.

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Tymchak, V., and M. Tymchak. "The ability of financial support of the educational sphere in the process of financial decentralization of the region: economic and legal aspect." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 401–6. http://dx.doi.org/10.24144/2788-6018.2023.01.68.

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The article considers the possibility of optional implementation of financial and educational decentralization approaches in Ukraine. The strategic role of CMU Order No. 333-r dated April 1, 2014 on the approval of the Concept of Reforming Local Self-Government and Territorial Organization of Power in Ukraine as a conceptual measure of financial and educational transformations is outlined. The legal status and legal options of educational self-government at the level of OTG are defined in accordance with the national "normative basis of decentralization": the Law of Ukraine "On the Voluntary Association of Territorial Communities" No. 157-VIII, the Law of Ukraine "On the Principles of State Regional Policy" No. 156-VIII, etc., as well as relevant legislation (the Law of Ukraine "On Education" No. 2145- VIII of the Law of Ukraine "On Higher Education" No. 1556-VII, etc.). A terminological distinction between the concepts of "power decentralization" and "financial decentralization of the region" is proposed. The problem of budgetary and educational provision of scientific and educational facilities is conceptualized spheres in Ukraine through the prism of the Budget Code of Ukraine No. 2456-VI. Examples of foreign decentralization-educational (management and financial) support are presented and implementation methods of its application in Ukraine are proposed. The ideological problem is that the decentralization of power presupposes, among other things, the financial independence of the region (one of the principles of decentralization is the transfer of resources from the ODF to the OMS), and the issue of its provision is problematic for a country that is used to building financial and economic relations by the "vertical" principle, i.e. "from top to bottom". Taking into account the dependent connection of the educational sphere in Ukraine on the accompanying and sectoral legislation, such trends, without having a direct impact on the volume and expenditure mechanisms of scientific and educational support from the State Budget of Ukraine, create a precedent of institutional and jurisdictional inconsistency. The issue of financial support for higher education and directly – institutions of higher education (HEIs) has several problems, among which “financing of expenses for the maintenance of HEIs, not the actual cost of the educational process” stands out; calculation of budget transfers only in the amount of "educational needs" (without cultural and sports and social assistance initiatives of the development and education self-government); inadequate financial and logistical support of vocational education as a subcomponent and pregenerator of higher education in Ukraine.

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Zakharchuk, A. S. "Business safety: adaptation of home legislation to acquis of European Union." Uzhhorod National University Herald. Series: Law 1, no. 81 (March 27, 2024): 26–31. http://dx.doi.org/10.24144/2307-3322.2024.81.1.4.

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Contradictions of the development of Ukrainian society in the post-Soviet period are manifested, firstly: in such phenomena, which are negative for conducting business, such as corruption, the “shadow” economy, the absence, at the legislative level, of a regulated mechanism of property relations, and, secondly, in aspirations to become a member of the European Union, with its democratic and universal values. When it comes to the harmonization of domestic legislation with the EU acquis, it is worth noting that the specific features of the development of a certain community, its legal awareness and legal culture are reflected in legal relations. This contradiction requires a rational understanding of the peculiarities of the historical development of Ukrainian society. Modern EU society is liberal. A universal feature of liberalism, a system of economic relations, is freedom, which is based on the right to own the means of production. During the 20th century the influence of the mechanism of economic relations on a person, as a subject of his own rights, increased. Therefore, the state policy, coordinated with international law, is designed to ensure the protection of human rights from abuses of the business environment. The social dimension of economic phenomena and processes is manifested through the prism of economic and legal research, thanks to which cause-and-effect relationships, effectiveness and expediency of the adoption of this or that normative-legal act are clarified. A comprehensive analysis of socio-economic processes, while preserving the essential unity of legal phenomena and economic institutions, contributes to an objective assessment of the social effectiveness of individual legal norms, the role of the law, its interaction with such spheres of social life as economy, politics, culture, etc. At the end of 2013, the then President of Ukraine’s refusal to sign the Association Agreement between Ukraine and the EU led to large-scale protests against the authorities. Subsequently, not agreeing with the independent choice of the people of Ukraine, the leadership of the Russian Federation resorted to military aggression. At the same time, having lost control over part of the territory and having suffered economic and demographic losses, the authorities and society of Ukraine remained consistent supporters of democratic values and European choices.

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Bae, Gun Yee. "A Study on the Protection of Fundamental Rights of Children with Health Impairments: Focused on the legislation of hospital schools." European Constitutional Law Association 40 (December 30, 2022): 279–313. http://dx.doi.org/10.21592/eucj.2022.40.279.

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Traditionally, expanding the infrastructure to guarantee children’s health right has been under the national responsibility. In addition, how to protect the learning right of children hospitalized for a long time, like paediatric cancer patients, has been recognized as a national project in the educational continuity dimension where the education of children should not stop due to external environments, in order for children’s growth ad development. Hospital school is an educational institution in hospital for the children with health impairments(the students who need to be hospitalized for more than three months due to their chronic diseases, or continue to need medical support like outpatient treatment, and thereby have difficulty with school life and learning). In accordance with ｢Act on Special Education for Persons with Disabilities｣, it is defined as a special school under Office of Education, or a dispatch class of general school(special class). In order to guarantee the learning right of children with health impairments, who should have compulsory education, it is required to recognize the operation of hospital school as an essential national project. Nevertheless, whether to open a hospital school depends on a hospital’s policy, and dispatching a special education teacher to a hospital school relies on the educational finance of a local government. There is a possibility that the children are able to set the required number of school days through distance education in hospital and to complete their curriculum. However, face-to-face class in hospital school makes it possible to provide the individual guidance through interaction with children, which is impossible in distance education, and to serve as the preparation process to return to their original classes after discharge. From the standpoint of child students, it is a very important way to guarantee their learning right. Opening and closing a hospital school should not be determined according to the current hospital policy. Instead, it is required to legislate on hospital school as an essential institution secured for treatment and education at the time when a hospital with a certain wards is open or when a medical institution for children is designated. In accordance with ｢Act on Special Education for Persons with Disabilities｣, an educational institution is classified into a special educational institution(special school and special class) and a special education support center. In the current system, such institutions like hospital school where education is provided in a separate space of medical institution have no classification. From the standpoint of school institutions, hospital school is the class of itinerant education, but is an institution in hospital. For this reason, it is necessary to consider the safety and operation criteria of both hospital and educational institution. To do that, there are limitations in following the system in accordance with ｢Act on Special Education for Persons with Disabilities｣. Hospital school is highly likely to be the subject of co-management in association with the Ministry of Health and Welfare and the Ministry of Education. Given the speciality of practical control, it is effective to enact separate legislation. In Germany, a law related to county schools lays the foundation for hospital schools, and detailed standards are separately set forth in legal orders. Given that, maintaining the provision about itinerant education in ｢Act on Special Education for Persons with Disabilities｣ and enacting a law about the operation of hospital school, etc. will become a long-term alternative from the perspective of management and supervision.

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Davydiuk, O. "Some aspects of the implementation of economic and legal competence of local self-government bodies to implement innovations." Law and innovative society, no. 1 (14) (July 2020): 14–18. http://dx.doi.org/10.37772/2309-9275-2020-1(14)-2.

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Problem setting. Since 2002, after the entry into force of such a legal act as the Law of Ukraine “On Innovation”, within the national legislation of Ukraine was regulated for the first time the legal status of such an object of economic and civil turnover as innovation. The provisions of this normative document were quite revolutionary in terms of the powers of local self-government bodies, which were defined as full-fledged subjects of innovation relations. Despite the fact that the legal regulation of innovation implementation processes exists and improves in our country over the past 18 years, there are still a large number of gaps in regulatory impact, which negatively affect the practical implementation of local (regional) innovation projects. Analysis of recent researches and publications in the work were investigated the works of scientists such as Bielinska, Y. V.; Nezhyborets, V. І.; Orliuk О. P., Butnik-Siverskyi О. B., Myronenko N. М., Petryshyna О. М., etc. Article’s main body. in accordance with the provisions of Part 3 of Article 7 of the Law of Ukraine “On Innovation”, representative bodies of local self-government – village, settlement, city councils in accordance with their competence eliminate only 6 forms of participation in innovation relations. However, as the 18-year experience of legal regulation of the process of application of this norm shows, only a few territorial communities are able to organize the full implementation of a comprehensive program of innovative development of their region. At the same time, the main vector of further expansion of the rights of local governments in the field of innovation has already been determined by the provisions of current legislation of Ukraine. Thus, ratifying the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, the State of Ukraine by Law of № 1678-VII of 16.09.2014, recognized the right to innovation and regional development on their basis is an inalienable right of the territorial community and recognized that such development should take place according to the rules established by the EU Framework Program for Research and Innovation “Horizon 2020”. In our opinion, the forms of participation in innovation activities for local governments provided by EU legislation will allow them to significantly increase the level of socio-economic development of the region and therefore should be reflected in current legislation of Ukraine through the implementation of foreign experience in legal regulation. Conclusions and prospects for development. The current legislation of Ukraine for local governments provides only an exclusive list of forms of participation of such bodies in the innovation process. The analysis of EU legislation allows to determine the role of local governments in innovation processes, as an institution that should provide infrastructure / assistance to other participants through a system of established institutions in which all necessary prerequisites for production and technical support of innovation and close interaction (contact) with the participants of these relations. It is considered expedient to amend Article 7 of the Law of Ukraine “On Innovation Activity” by expanding the list of powers of local self-government bodies in innovation processes. The main directions of expansion of such innovations should be: (a) introduction of new forms of participation of local governments in innovation activities which will be characterized by a higher degree of individuality and selectivity to stimulate the development of those types of innovation activities that meet the needs of a particular region. (b) Granting local governments the right to act as an investor / customer of innovations by concluding agreements with specific economic entities engaged in scientific, research or innovation activities. (c) Imposing an obligation on local governments to control the use of property or resources transferred under the terms of the concluded agreements. (d) Establishing the possibility of financing the developers of innovations only in the case of transfer of property rights (part of property rights) to the objects of intellectual property rights that will be created (may be created) as a result of such financing or security. (e) Obligation of local governments to implement the received innovations through the existing system of utilities, institutions, institutions in the life support system of the region

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Bakalinska, Olga. "ADVOCACY OF COMPETITION IN THE WORLD AND UKRAINE: COMPARATIVE CHARACTERISTICS." Access to Justice in Eastern Europe 5, no. 4 (October 18, 2022): 1–14. http://dx.doi.org/10.33327/ajee-18-5.4-n000428.

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Background: The advocacy of competition is a modern civilisational mechanism of cooperation, which balances private and public interests in economic activity and realises the functions of state management and control of economic activity, ensuring reasonable distribution of public goods. Competition is a fundamental driving force that determines the course of economic processes and contributes to the growth of economic prosperity and innovation in society. Its provision, protection, and development are among the main priorities of state economic policy in general and competition policy in particular. The purpose of this article is a comparative legal analysis of the advocacy of competition in different countries. This study will also identify the peculiarities of the use of advocacy tools in these places. Methods: In studying the proposed problem, the following methods were used: general philosophical and general scientific (dialectical, systemic, formal-logical, etc.); universal (induction, deduction); special-scientific (formal-legal, comparative law); interpretation of the rules, etc. One of the main methods used is the comparative method for researching the common and distinctive features of the advocacy of competition in the EU, USA, Mexico, the Republic of South Africa, and Ukraine. Results and Conclusions: The results show that countries with advanced economies have approached advocacy of competition gradually after more than a century of anti-monopoly competition legislation. In post-transformational economies, we see the formation of competitive policy principles activated after independence and the transition to market-based business practices. The globalisation of international trade relations leads to the need to implement complex competition advocacy programs and unify norms at the level of individual states and unions. Advocacy of competition remains important as a tool of self-regulation of economic activity. The European vector of Ukraine’s development caused the emergence of new mechanisms of interaction between the state, the individual, and society. Having chosen to strive for European integration, Ukraine began to build a new model of cooperation between all market participants, the introduction of which was based on the provisions of the Association Agreement between Ukraine, on the one hand, and the EU, the European Atomic Energy Community and their member states, on the other hand, using implementation mechanisms of both individual norms and entire institutions of public-private partnership. The implementation of competition advocacy mechanisms in Ukraine is applied using the mechanisms of the analogy of individual norms and tools of competition policy. The formation of new good competitive practices is connected with russia’s war.

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Tovt, Yu M. "Subjects That Shape Public Policy In The Sphere Of Circulation Of Medical Means." Actual problems of improving of current legislation of Ukraine, no. 55 (January 17, 2021): 90–99. http://dx.doi.org/10.15330/apiclu.55.90-99.

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Implementation of an effective policy in the field of medical means circulation at the present stage of the development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening in the country of the institutions of the rule of law, competitive market economy, ensuring the implementation of human and citizen rights and freedoms. Any policy becomes understandable when it is understood who carries out it and what it is aimed at, i.e. defined subjects and objects of policy in society at one or another stage of historical development. This definition makes it possible to clarify the essence of political relations between subjects, as well as between subjects and objects of policy, to reveal the forms of their political behavior, methods of political activity, means of transformation of the political environment. The article highlights the issues concerning subjects that form the general state policy in the field of circulation of medicines. Their analysis is carried out and their main functions and tasks are determined. The state policy in the sphere of circulation of medicinal products is formed and implemented by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Medicinal Products, professional associations of pharmaceutical workers, within the powers of which is the adoption of different types of normative legal acts (concepts, programs, provisions, procedures, rules, standards, instructions, instructions, licensing conditions, lists, codes, etc.), agreed with European and international legislation, as well as, if necessary, with other central bodies of executive power. Such standards follow, in addition to general normative legal acts, also from specialized acts on the formation of such policy.

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Bilak, Nataliia, Yuliya Voitenko, and Iryna Kozii. "IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION." Baltic Journal of Economic Studies 10, no. 2 (June 10, 2024): 42–50. http://dx.doi.org/10.30525/2256-0742/2024-10-2-42-50.

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The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.

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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.

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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.

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Hryshyna, N., and К. Rostovska. "Concept of administrative and legal status of subjects of state anti-corruption policy in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 328–33. http://dx.doi.org/10.24144/2788-6018.2023.01.53.

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The article examines scientific approaches to defining the concepts of "subject of administrative law", "status", "legal status", "administrative-legal status". It was found that the anti-corruption legislation does not contain the concept of "subject of state anti-corruption policy". It has been proven that the main subject of the state anti-corruption policy should be the people of Ukraine, who develop and implement policy measures through state and local self-government bodies. A broad approach to understanding the system of subjects of the state anti-corruption policy, which includes the system of subjects of combating it as a constituent element, and citizens and civil society occupies one of the main places in this system, is substantiated. The views of scientists regarding the classification of subjects of the state anti-corruption policy are analyzed. It has been proven that the existing scientific approaches are characterized by a certain complexity and burdensomeness, or on the contrary, they narrow or do not reveal the completeness of the system of subjects of the state anti-corruption policy. Most of the existing classifications are reduced to subjects of prevention and fight against corruption. It is substantiated that the existing approach to classification is not fully in harmony with the system of subjects of the state anti-corruption policy, as well as with the list of functions performed by individual subjects in the development of its measures, carried out in monitoring the state of implementation, etc. It is proved that the system of subjects of state anti-corruption policy is much wider than the system of subjects of fighting it. The subjects of the state anti-corruption policy are proposed to be understood as the people of Ukraine, bodies of state and local self-government, public associations, institutions and organizations, and persons who have rights and are endowed with duties (obliged or must participate) in the development and implementation of the state anti-corruption policy. The features of the concepts "subject of state anti-corruption policy" and "administrative-legal status of the subject of state anti-corruption policy" have been summarized, corresponding author's concepts have been formulated. The system of subjects of the state anti-corruption policy was also divided into main groups.

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Kuchuk, A. M., and V. M. Pekarchuk. "CONSTITUTIONALISM TRANSNATIONALIZATION AS AN OBJECT OF SCIENTIFIC KNOWLEDGE." Scientific Herald of Sivershchyna. Series: Law 2023, no. 3 (October 23, 2023): 32–40. http://dx.doi.org/10.32755/sjlaw.2023.03.032.

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The article covers the problems of the spread of the phenomenon of constitutionalism to interstate associations. It is noted that the phenomenon of constitutionalism is mainly characterized precisely by means of its domestic significance and, accordingly, as something that does not go beyond the borders of a specific state. Attention is focused on the fact that constitutionalism (especially in the conditions of legal positivism prevalence) is associated with the presence of a number of legislative acts. However, the essence of constitutionalism lies, first of all, in limiting public authorities. The origins of constitutionalism are laid in the contractual concept of the state origin, and in the theory of the social contract. Two main aspects of a possible consideration of the issue of constitutionalism transnationalization are distinguished. First, it is about the supranational nature of constitutionalism in the context of axiological perception. The fundamental provisions of constitutionalism find their manifestation in many states. Democratic states cannot fail to proceed from the postulate of public authority limitation and division, human rights as natural possibilities determining the limits of the state power activity, etc. It is difficult to single out those institutions that are inherent in the constitutional law of an individual state and do not exist in other states. Secondly, it is about the possibility of the constitutionalism existence at the level of interstate entities, primarily the European Union. In this aspect, the term “multilevel constitutionalism” is usually used. It is summarized that the issue of constitutionalism going beyond the domestic borders becomes the object of the intention of the domestic jurisprudence and requires a comprehensive study. Key words: state, integration, European Union, constitutionalism, human rights, international organization, public authority, sovereignty.

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Omelyan, Olena. "THE DETERMINATION OF TASKS OF PUBLIC ADMINISTRATION BODIES IN PUBLIC SERVICE ACTIVITIES IN THE FIELD OF URBAN PLANNING." Scientific Notes Series Law 1, no. 9 (2020): 138–41. http://dx.doi.org/10.36550/2522-9230-2020-1-9-138-141.

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The article is devoted to topical issues of public administration tasks in the implementation of public service activities in the field of urban planning. The author notes that the analysis of the types of administrative services provided to entities (individuals and legal entities) determines the low level of development and some uncertainty in the regulations for the provision of such services. It is noted that the service state is formed from a number of important and interconnected elements, one of which is its social purpose, which is manifested in the activities of public authorities in the process of providing public services. The article defines urban planning activity as a system with polysubjective composition, as it is a purposeful activity of state bodies, local governments, enterprises, institutions, organizations, citizens, associations of citizens to create and maintain a full living environment, which includes forecasting development settlements and territories, planning, construction and other use of territories, design, construction of urban planning facilities, construction of other facilities, reconstruction of historic settlements while preserving the traditional nature of the environment, restoration and rehabilitation of cultural heritage sites, creation of engineering and transport infrastructure. It is emphasized that when studying the public service activities of public administration bodies, it is necessary to take into account the fact that the improvement of the procedure of its implementation and legislative regulation and regulation has not only service but also law enforcement content. Based on the identified aspects of public service activities of public authorities in the field of urban planning, it is possible to formulate such tasks that should help create appropriate conditions for individuals and legal entities, under which the latter are able to effectively implement and protect their rights guaranteed by law. , freedoms and legitimate interests: development and implementation of effective tools, methods and techniques of service policy in the field of urban planning; introduction of clear mechanisms for the provision of services by public authorities and further implementation of the Unified State Electronic System in the field of construction, etc.

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Baranovsky, Nikolai. "Social Prevention of Sociopathic Phenomena in the System of Antideviant Policy." Logos et Praxis, no. 2 (September 2019): 87–97. http://dx.doi.org/10.15688/lp.jvolsu.2019.2.8.

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In modern conditions of the systemic transformation of the Belarusian society, which is developing very slowly and contradictory, despite the steady trend of reducing crime, drunkenness, drug addiction and other negative social deviations, the problem of preventing and combating antisocial phenomena continues to be complex and cause serious public concern. In this regard, the relevance and social significance of empirical studies of antisocial phenomena, their dynamics, the specifics of distribution and determination, the study of the current national legislation and social practice of the state criminological and other antideviant policies are growing. Problems of prevention and counteraction to anti-social phenomena have long attracted the attention of criminologists, sociologists, culturologists, teachers, psychologists and other researchers. However, each historical period of time brings many new circumstances that have an impact on the sociopathic situation. In addition, the persistently high level of antisocial behavior in society in different socio-demographic groups of the population indicates the presence of obvious gaps in the scientific knowledge of this problem, especially in the field of genesis and determination of negative social deviations as well as the lack of effectiveness of the forms and methods of preventive work of social actors, such as law enforcement and other public administration bodies, the family as a social institution, public associations, etc. The author carries out theoretical and applied design of an innovative system of social prevention of antisocial phenomena based on the analysis of statistical data and sociological research. It includes a set of general, special and individual measures of social, victimological and sociopathic, socio-reintegration and legal preventive activities that should be systematically implemented at the social, situational, personality-deviant, personality-victim and personality-socio-interactive levels of social subjectivity. The researcher pays special attention to the state, dynamics and peculiarities of the etiology of the alcohol and drug situation in the country. The authors propose a set of specific social and practical measures to improve the prevention of alcoholism and drug addiction which have a negative impact on the sustainable development of modern Belarusian society.

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Laptіev, Serhii, and Iryna Mihus. "THREATS TO ECONOMIC SECURITY OF UKRAINIAN EMITENTS AFTER PLACEMENT OF SHARES ON FOREIGN MARKETS." Європейський науковий журнал Економічних та Фінансових інновацій, no. 2 (December 17, 2018): 39–48. http://dx.doi.org/10.32750/2018-0205.

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In Ukraine, the stock market has not yet acquired signs of traditions and rules of work, which make it necessary to put in place an effective system for its regulation and, first of all, on the part of the state. The stock market regulation system should cover all participants in the stock market and ensure that they carry out their activities in accordance with established rules. A feature that distinguishes the functioning of joint-stock companies from other types of business associations and requires special management approaches is the issue of their shares for the formation, and, subsequently, increase of the authorized capital, which is carried out in the stock market. One of the most important elements of the external sphere of formation of the system of economic safety of joint stock companies is the state regulation of their emission activities. On the level of legislative bodies issued legal acts that have the force of law and regulate the general framework for the functioning of the corporate sector. In Ukraine, the bodies of state regulation of emission activities of joint-stock companies of general competence include the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the State Tax Service of Ukraine, the State Property Fund of Ukraine. They carry out general supervision and control over the activities of joint-stock companies. In issuing activities, the joint-stock company is affected not only by external but also internal threats related to the reorganization of public and private open and closed joint-stock companies, modernization of the management system, reporting, etc. Existing approaches to the formation of the system of economic security reflect the peculiarities of its construction in economic entities engaged in various activities (manufacturing and trading enterprises, banking institutions, credit unions, asset management companies, etc.), but the question of the formation of the system of economic security in the sub- objects of various organizational-legal forms studied insufficiently complete. The system of economic security, which exists in modern joint-stock companies, is not always able to fully perform its functions in the economic sphere, reacting in time to the appearance of external and internal threats, which is especially clearly manifested in the process of issue of shares, preparation and conduct of their public placement.

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Eroshenkova, Elena I., Ilya F. Isaev, Nikolay V. Eroshenkov, Svetlana I. Tarasova, and Alina V. Duplyakina. "Formation of human capital and pro-social attitudes of future teachers and university students." Perspectives of Science and Education 49, no. 1 (March 1, 2021): 66–79. http://dx.doi.org/10.32744/pse.2021.1.5.

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The formation of human capital in various spheres of society is perceived as a special value. The role of a person with his cognitive and non-cognitive abilities is associated with transformations, competitiveness, and the pace of development of society. This is especially true for “helping” professions that involve activities in the dyads “person - person”, “person - team”, “person - society”. These professions include teachers, police officers, etc. The purpose of the article is to identify the opportunities and social practices of higher education institutions aimed at the formation of human capital and pro-social attitudes of university students. Research methods are: content analysis of regulatory sources, analysis of materials in open access databases; a survey among students of two universities: the Belgorod State National Research University (180 people) and the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.V. Putilina (112 people). The object was the pro-social practices of universities in the formation of human capital. As a result of the study, a “cloud” of associations with the terms “human capital”, “pro-social attitude of the personality” and “higher education” was identified, which included “good”, “potential”, “investment”, “competitiveness”, etc. Prosocial legislative initiatives at the level of the state and individual universities. The prevailing levels of student involvement in pro-social practices were identified (average – 43.15%; above average – 15.75%; high – 11.75%), the priority of educational (64.5%) and practice-oriented (64%) microenvironments. the university in the formation of human capital, as well as the degree of participation of students in various types and spheres of social activity, taking into account the influence of the university (by ranks: 1) educational and developmental; 2) public pedagogical (public service); 3) leisure, sports; sociocultural; 4) health oriented; 5) altruistic (unselfish), volunteer; civil, patriotic) of the 13 positions under consideration. In total, the factors influencing the effectiveness of the formation of human capital at the university were formulated (the level of the legal framework; the capabilities of the university; the needs of society and consumers of educational services; the student's attitude); the control effects of the integration of the mission of the university, the competitiveness of its subjects, the corporate value of human resources are proposed. Prospects are associated with the development of an integrative concept for the formation of a pro-social attitude of students of universities.

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Byelov, D. M., and V. V. Goncharuk. "Legal status of cross-border cooperation bodies: regulatory framework." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 255–59. http://dx.doi.org/10.24144/2788-6018.2021.03.47.

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Анотація:

The article is devoted to the legal status research of the cross-border cooperation bodies, namely, the European Grouping of Territorial Cooperation and the Аssociations of Euroregional cooperation as a institutional form of development of cross-border cooperation between Ukraine and the European Union have been analyzed. The basic acts of the national legislation regulating cross-border cooperation are analyzed. Basing of the analysis of the legislation of Ukraine in the field of cross-border cooperation, it has been stated that the Law of Ukraine «On cross-border cooperation» discloses the content of the category "body of cross-border cooperation but does not specify its definition. While the legal status, procedure of creation and activity of such bodies of cross-border cooperation as a union of EGTC and a AEC have been considered in detal. Taking the above-mentioned into consideration, it is necessary to analyze some aspects of the legal status of the EGTC and the AEC and to regulate the creation and activities of these institutions. In order to determine the legal status of the bodies of cross-border cooperation, the purpose of the activity of such legal entities, regulated by the law, plays an essential role, which lays down the basic foundations for the regulation of its legal status. Studying the legal regulation of the functioning of such forms of cross-border cooperation with the status of a legal entity as a European Grouping of Territorial Cooperation and Association of European Cooperation makes it possible to distinguish the characteristics of the body of cross-border cooperation as a whole, which distinguish this institutional form from another one and form the author’s definition of cross-border cooperation.

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29

Ongarbaev, N. Kh. "Proposals for Legislative Solutions to the Problems of Bird Deaths on Overhead Power Lines in Kazakhstan." Raptors Conservation, no. 2 (2023): 395–99. http://dx.doi.org/10.19074/1814-8654-2023-2-395-399.

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Анотація:

The problems of bird deaths on overhead power lines (PLs) have been studied by experts for many years and have now been examined enough to make basic conclusions about the causes of their deaths and possible ways of solving this problem. It is no secret that PLs that are dangerous to birds cause the greatest damage to migrating and/or nomadic birds. Thus, the states that have not solved the issues of mass deaths of birds on OPLs in their countries, in fact, violate the provisions of the international convention on the conservation of migratory species of wild animals (Bonn Convention or CMS), if they have acceded to this convention. The Republic of Kazakhstan acceded to the Bonn Convention in accordance with the Law of the Republic of Kazakhstan dated December 13, 2005 N 96, and as a state of a range of a number of migratory species has committed to make efforts for their conservation. In addition, the new Environmental Code, which entered into force in 2021, at the initiative of certain environmental organizations, Requirements for the Construction and Operation of Electricity Networks,” which specifies the requirements that “When locating, designing, constructing, operating, repairing, reconstructing and modernizing electric grids, measures shall be developed and implemented to ensure the prevention of death of birds and other wild animals, preservation of habitat, breeding conditions, migration routes and places of concentration”, and that “entities operating electric grids shall be obliged to carry out regular inspections of electric grids to identify their negative impact on birds and other wild animals and, if necessary, take measures to reduce it.” Thus, the basic requirements for ensuring the safety of OPLs for birds have already been defined at the Code level. Moreover, the Law of the Republic of Kazakhstan “On Protection, Reproduction and Use of Animal World” also contains a separate article No. 17 “Measures to preserve the habitat, breeding conditions, migration routes and places of concentration of animals in the design and implementation of economic and other activities”, the second paragraph of which states that “When operating, locating, designing, and constructing railroads, highways, pipelines, and other transportation routes, power and communication lines, canals, dams and other water facilities, measures shall be developed and implemented to ensure the preservation of habitat, breeding conditions, migration routes and places of concentration of animals.” Moreover, even articles in the Code of the Republic of Kazakhstan “On Administrative Offenses” are provided to control compliance with these articles. For example, Article 379 stipulates responsibility for violation of animal protection measures in the placement, design and construction of settlements, enterprises and other facilities, implementation of production processes and operation of vehicles, etc. Thus, it can be assumed that in Kazakhstan the issue of bird deaths on PLs has a high level of formalization. Some issues of PLs safety for birds are even reflected in the “Standards of Technological Design of Rural Electric Networks of the Republic of Kazakhstan” (RDS RK 4.04-185-2003). However, this poses the question – why, with so many documents, birds continue to die, and owners of overhead power lines dangerous for birds are not brought to responsibility? Obviously, the core of the problem lies in law enforcement practice, which is limited by several important factors: 1) It is not specified, which activities should be carried out and how to monitor their implementation; 2) These requirements are not enshrined in the regulatory and technical documentation of power engineers and designers, which makes them “detached” from the working life of power engineers; 3) PLs dangerous for birds have huge lengths (only the length of 6–10 kV PLs is more than 80 thousand kilometers), it is impossible and economically inexpedient to check and inspect them. In view of the above, the obvious conclusion is that it is not the death of birds on overhead power lines or the failure to implement measures that should be considered a problem, but the very fact of designing, constructing or operating overhead power lines that are dangerous to birds. Based on this point of reference, BRCC has formulated the basic concept of the proposals for legislative solutions to the problems of bird deaths on PLs. The essence of the proposals is as follows: 1) Legislatively define the term “the structure that is dangerous to birds”; 2) Introduce a legislative ban on the design and construction of bird-dangerous PL structures (newly constructed PLs). At the same time, it is advisable to consider alternative solutions for PL owners using 6–10 kV networks; 3) Smoothly and gradually introduce a legislative ban on the operation of bird dangerous structures of PLs without bird protection devices (BPDs) of the established sample and quality; 4) Develop and approve national standards for BPDs (insulating, marker, and nestforming type), including requirements for their technical characteristics, methods of attachment, frequency of replacement, etc. Important aspects of the proposed solutions are the following: 1) implementation of the above proposals not only in environmental laws and statutory instruments, but also in regulatory and technical documentation governing the design, construction, operation, and maintenance of PLs; 2) involvement of a wide range of stakeholders, including the Ministry of Energy, overhead line owners, associations and various limited liability companies, financial institutions and banks financing overhead line construction/modernization. An important way to solve the problem is to initially appeal to the Government of Kazakhstan and establish an interdepartmental working group. In case of success, all technical and organizational solutions will be presented to the attention of ornithologists and conservation organizations of Kazakhstan and neighboring countries.

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Postoronko, Inna G. "ACQUISITION AND VALUES OF EUROPEAN (WESTERN) MUNICIPALITY AS CONSTITUTIONAL VALUES OF HUMANITY AND THE STATE AND THEIR PERCEPTION IN THE POST-SOVIET LEGAL AREA." Bulletin of Alfred Nobel University Series "Law" 1, no. 6 (July 14, 2023): 64–81. http://dx.doi.org/10.32342/2709-6408-2023-1-6-6.

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Анотація:

The formation and development of the system of local self-government in Ukraine, the implementation of municipal reform in the context of the decentralization of the powers of public authorities, actualized the interest in researching the assets and values of European (Western) municipalism as constitutional values of humanity and the state and their perception in the post-Soviet legal space. The conducted systematic analysis of the historical retrospective of the formation and development of European (Western) local self-government, and by and large, European (Western) values (basic principles) of municipalism, makes it possible to assert that: a) the latter arose and were formed on the basis of city self-government (about object identification criterion); b) their appearance was the result of collective actions, practice, decisions made by all members of the community, in their interests, on their behalf and for the purpose of solving the most important and urgent issues of urban life (communicative-intersubjective criterion); c) their result was the formation of appropriate behavioral and activity guidelines for each person, their groups and associations that existed, functioned and developed in the conditions of city self-government (organizational-formalizing criterion); d) such behavioral and activity guidelines were not only borrowed by other members and institutions of the local territorial society, but also passed on to other generations of city residents and their associations, taking root in everyday behavior and becoming their mandatory forms and norms (prospective-hereditary criterion; d') they determined the fundamental principles of human socialization and local society - i.e., the emergence and formation of a corresponding system of interests, which in the future were transformed into corresponding behavioral guidelines (attitudes), including legal ones, as well as corresponding practical forms of life (habits), that arose on the basis of the implementation of relevant attitudes, including legal ones (criterion of adjustment in local society); e) they developed according to the following subject-subject scheme: "primitive community in the ancient world (priority of existential and functional issues of the existence of the human community) - ancient Greek polis cities (building a local civilization that significantly influenced the formation of the phenomenology of statehood) - ancient Roman cities - municipalities (building a municipal economy and local society with democratic foundations within the boundaries of a single state / empire) - cities of the feudal period of the development of society (ecclesiastical, knightly, princely / Kurfuster / etc.) (a period of understanding and awareness of the possibilities and advantages of living together within the framework of local of society) - medieval cities governed by Magdeburg law (magistrates + burgomasters) (formation of the fundamental legal foundations of city self-government) - citymunicipalities of post-revolutionary (New Times) and Napoleonic (post-Napoleonic) Europe (flourishing of municipal construction and becoming a prototype of the system array of modern competences municipalities, which became a guarantee of significant growth of their place and role in state construction) - city-municipalities of Modern times (definition of the important role and meaning of municipalities in the context of the municipal revolution of the late 19th - early 20th centuries. actually based on the approaches of "municipal socialism") - modern municipalities of united Europe (formation of the essential role of municipalities in the regional, state, macro-regional and panEuropean integration movement in the context of the municipal revolution of the second half of the 20th century - the beginning of the 21st century) - borrowing of European ( western) municipalism, its assets and values by the post-Soviet states in their striving to join the European family of peoples and states (the last decade of the 20th century - the beginning of the 21st century)" (historicalretrospective criterion). It is claimed that the modality of development of local self-government represents not only a scientific-doctrinal, but also a praxeological-axiological interest in determining its properties at the city level, and especially in relation to the emergence, formation and application of the values of municipalism, which: a) are decisive for a person, his groups and associations, and for the state (states), the international community, etc., and not only European states and the European international regional community, but taking into account the phenomenology of the reception of legal traditions, values, normative support and provision of European self-government by the countries of North and South America, Asia, of Africa (relationship of suzerainty-vassalage, colonial relations of the protectorate and colonies, use of tools of mandated territories, etc.), specifically for the latter, and hence for the entire international community of states, and both for borrowing and for studying and implementing best practices; b) thanks to which the institution of local democracy itself not only plays such an important role at the level of states and their international community, but also c) forms a broad and essential base of municipal values, which is d) a great and essential asset of humanity in the optimal organization of everyday life of every person - a member of the community and d') in fact, spreading to a lower level - rural, township, and a higher level of self-government - associated (district, regional) through borrowing the values of municipalism, - determine the existence, functioning and development of modern human civilization at all levels of local public management and has prognostic properties for the prospect of such existence and development, e) are recognized and legalized by the state through national legislation, as well as by signing international multilateral treaties and taking relevant international legal obligations regarding the recognition and functioning of the institution of local democracy on the territory of a specific state, e) legitimized by the population of each state acting as members of the relevant territorial community that exists and functions on its territory, g) moreover, directly contributes to the emergence and formation of the municipal consciousness (legal consciousness) of a person at its individual, group and collective levels of existence, as well as g) formation on the basis of the profile awareness (legal awareness) of municipal psychology, which determines, forms and corrects the relevant municipal behavior in accordance with the values of municipalism. It is proved that it is the constitutional values that lay the normative foundations for the formation, existence, legalization, legitimization, improvement and expansion of the range of values of municipalism, which is an immanent constituent part of the constitutional values - it is the values of municipalism that are detailed, concretized, segregated, separated, interpreted and interpreted at the local level, make constitutional values possible for everyday use and application.

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GERCHAKIVSKY, Sviatoslav. "Excise taxation of energy products and electricity: practice and challenges of war." Naukovi pratsi NDFI 2022, no. 1 (August 25, 2022): 45–54. http://dx.doi.org/10.33763/npndfi2022.01.045.

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Анотація:

The peculiarities of legal support of excise taxation of energy products in the EU and Ukraine are investigated, in particular, the basic Directives of the Council of the EU in the field of specific excise taxation: Council Directive 2008/118/EC on the general excise duty regime Council Directive 2011/64/EU on the structure and rates of excise duty on tobacco products Council Directive 92/83/EEC on the harmonisation of excise duty structures on alcohol and alcoholic beverages; Council Directive 2003/96/EC on the restructuring of the Community system on the taxation of energy and electricity products and the Tax Code of Ukraine and the Law of Ukraine “On the Electricity Market”. A comparative analysis of the excise tax rates on some energy products for the period before the termination or cancellation of martial law in the territory of Ukraine and those that were in effect before the introduction of martial law has been carried out. Attention is focused on the legislative peculiarities of the introduction of excise taxation of electricity in Ukraine and the fulfillment of Ukraine's obligations under the Treaty establishing the Energy Community and the Association Agreement between Ukraine and the EU on the implementation of acts of energy community legislation in the field of energy. The practice of collecting excise tax on electricity has been characterized, according to which during 2018-2020 the state budget received about UAH 13 billion of excise tax on electricity. The results of the activities of controlling bodies to ensure the completeness and timeliness of excise tax revenues on electricity have been analyzed, it was clarified that the work on providing explanations to taxpayers on the correctness of tax reporting (excise tax declarations) was not ensured. The factors influencing the implementation of Council Directive No. 2003/96/EC in Ukraine under martial law and post-war recovery are identified, in particular, the priority of protecting the Ukrainian energy market and minimizing the provision of energy products from the aggressor countries – the Russian Federation and Belarus; the need to expand energy and resource efficient technologies in the context of joining the European energy system ENTSO-E; postwar restoration of power grids etc. The problematic aspects and directions of ensuring harmonization of tax legislation of the EU and Ukraine in the field of excise taxation of energy products and electricity, which included mental, political, socio-economic, institutional and taxation, are outlined.

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32

Parkhomenko, Natalia. "The specifics of law-making under martial law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 28–33. http://dx.doi.org/10.33663/2524-017x-2022-13-4.

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Анотація:

The article describes the improvement of current legislation of Ukraine through introducing amendments and additions, along with enactment of a new law framework, regarding the need of organization of state machinery and legal order under martial law. The operation of state machinery, the interaction between the state and institutions of civil society, guaranteeing and protecting the rights, freedoms and legitimate interests of natural and legal person depend on the legislative compliance with the real social, political, economic and military challenges. In such circumstances, legal support of reform of political system of Ukraine under martial law is the primary objective for law-making actors in Ukraine. The problem mentioned didn’t receive a thorough research and monitoring. In general, law-making process under martial law has proceed in accordance with constitutionally defined organizational and legal basis, meanwhile having some specifics. Among these are: the improvement of legislation system was carried out mainly not through enactment of primary laws, but through introducing amendments and additions to the legislation in all legal fields; the legal acts of military command and military administration that received relevant authority to make laws, were disseminated; there was a revitalization of legislative development in the military sphere; certain provisions of current legislation continued to operate on the temporary occupied territories; the restrictions on certain rights and freedoms of citizens were introduced in accordance with provisions of Constitution of Ukraine etc. Due to the adoption of extraordinary legal acts, the legal arrangements for legal order and rule of law were created; public relations were stabilized. Key words: law-making, authority, emergency, directive, order, martial law, command, legislation.

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33

Krüger, Cristiane, Adriana Cristina Castanho Baldassari, Luis Felipe Dias Lopes, and Lizana Ilha da Silva. "General Data Protection Law." Revista Catarinense da Ciência Contábil 20 (December 10, 2021): e3220. http://dx.doi.org/10.16930/2237-7662202132202.

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Technological advances make it possible to quickly access and share personal data and information, which demands greater security and requires conscious attitudes from the different professionals who deal with these issues. Accounting professionals stand out in this universe for being responsible for customer, supplier, and employee data. The information insecurity scenario led to the creation of the General Data Protection Law (GDPL), a specific legislation for personal data handling. Driven by this context, this research aimed to analyze the GDPL compliance determinants among accounting professionals. In order to achieve this purpose, we conducted a quantitative, descriptive, survey study. For data collection, we developed and applied an online questionnaire addressed to accounting professionals. The final surveyed sample totaled 194 respondents. We performed the data analysis through Structural Equation Modeling. The validated model showed the dimensions of personal behaviors and attitudes and governance mechanisms as determinants, explaining 26.3% of GDPL compliance. This research contributes to the understanding of behavioral aspects of accounting professionals in face of the new legislation. It is an unprecedented approach and fills a gap in the accounting area, presenting useful contributions for educational institutions, class associations, and companies in the area.

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34

Antonyan, Elena Aleksandrovna, Elena Gennadyevna Vayankina, Svetlana Viktorovna Sheveleva, and Natalia Sergeevna Petrishcheva. "Economization of the criminal law branch: problem formulation directions of optimization." SHS Web of Conferences 108 (2021): 02001. http://dx.doi.org/10.1051/shsconf/202110802001.

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The need for legislative clarification, and, in some cases, for the consolidation of those institutions of criminal law in conjunction with criminal executive legislation, which are aimed at optimizing the current financial costs in connection with the implementation of criminal law, becomes obvious against the background of the desire for a general humanization of criminal policy and the economic crisis observed not only in Russia, but at the international level. Currently, a theoretical and methodological substantiation of the economization of the criminal law branch including the development of methods, principles, tools for state costs reduction at all stages of criminal prosecution, including using the organizational and economic mechanism of the penal system is required. The cost of the criminal law mechanism is due to the need, on the one hand, to ensure the rights of persons who have committed a crime, on the other hand, to protect the victims and minimize the consequences of the harm caused. The purpose hereof is to identify the internal reserves of individual institutions of criminal and penal legislation to determine new areas of optimization of savings in the criminal law branch by reducing the costs of criminal prosecution, on the one hand, and increasing budgetary profitability in the implementation of criminal legal institutions of a property nature, on the other hand. The work uses general scientific, specific scientific and special methods traditional for theoretical and applied legal research – the method of comparative jurisprudence, law interpretation method, systemic-structural method, statistical method, correlation method, content analysis of scientific publications, various types of extrapolation, etc. The novelty of the scientific research lies in a fundamentally new approach to the assessment of criminal law in conjunction with criminal executive legislation to find optimal solutions aimed at increasing the profitability of criminal law institutions and finding mechanisms for material support for victims.

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35

Козлова, Наталия, and Nataliya Kozlova. "Problems of the Status of Private Educational Institutions in the Light of the Reform of the Legislation on Proprietary Rights." Journal of Russian Law 4, no. 7 (July 5, 2016): 0. http://dx.doi.org/10.12737/20145.

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In the light of the reform of the legislation on proprietary rights and improvement of the provisions on legal entities, a question arises on the necessity to preserve, in the Russian law and order, the structure of private institutions based on the right of operational management. The problem is becoming relevant because this form is widely used for the creation of private educational institutions (schools, higher educational institutions, etc.), and any reforms in this area will affect the customers, the contractors and the consumers of the educational services. The article considers the notion, the significance and the place occupied by private institutions within the system of legal entities according to the Russian civil law, both from the viewpoint of trends of development of civil law and the legal stance of judicial authorities and from the viewpoint of traditions of the Russian science of private law. The author pays special attention to the analysis of the legal nature, structure and scope of application of the right of operational management in proprietary relations. The author substantiates that during the reforming of the legislation on proprietary rights, only governmental (municipal) enterprises and institutions should remain the subjects of the right of operational management. The author analyzes the topical issues of legal bonds between founders in case of a creation of a private institution by several persons, as well as the topical issues of legal bonds between the institution and its founders.

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36

Shulzhenko, Fedir P., Vira I. Ryndiuk, Oksana V. Kuzmenko, Liudmila O. Kozhura, and Oksana M. Gryshko. "Transformation of the national legislation of Ukraine in the context of globalization." Revista Amazonia Investiga 10, no. 46 (October 25, 2021): 191–200. http://dx.doi.org/10.34069/ai/2021.46.10.19.

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Анотація:

The article studies the directions of transformation of the national legislation of Ukraine in the context of globalization based on the dialectical method. Specifically, the notions “legislation” and “globalization” are analyzed; the meaning of the concepts of “national legislation of Ukraine” and “legal globalization” is specified; the factors which define features of transformation of the national legislation of Ukraine in modern conditions of globalization are established. As a result of the study it is proved that the main directions of transformation of the national legislation of Ukraine in the conditions of globalization are the following: borrowing the European (Western) legal tradition and its adaptation to the national legal system of Ukraine; reception of innovative legal institutions while preserving the national legal tradition; the influence of international law, first of all, the Acquis communautaire (adaptation of the national legislation of Ukraine to the law of the European Union); hierarchical (vertical) and sectoral (horizontal) structure of legislation, which is characteristic of the legal systems of the Romano-Germanic legal family; development of such types of normative activity of public authorities as systematization, codification, ordering, unification, etc.

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37

Zubenko, Hanna. "European standards and legislation of Ukraine on participation of public associations in local decision-making." 33, no. 33 (June 28, 2022): 52–59. http://dx.doi.org/10.26565/2075-1834-2022-33-05.

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Анотація:

Introduction. The article is devoted to the study of the legal regulation of the participation of public associations in making socially important decisions at the local level. Emphasis is placed on the issues of legal regulation of this issue in Ukraine in the aspect of European integration. The purpose of the study is to reveal the features and clarify the problematic issues of legislative consolidation of the participation of public associations in the decision-making process at the local level. Such methods of scientific research as logical-semantic, system-structural, formal-legal, comparative-legal, etc. were used to solve the set goals and tasks. Summary of the main research results. International norms and standards of public involvement in decision-making processes of national and local character are considered. Some international agreements and acts that set and disclose the above standards are analyzed. Emphasis is placed on the norms of the legislation of Ukraine, which enshrine both general principles and certain forms of participation of public associations in making socially important decisions at the local level. Conclusions. It is emphasized that there are a number of unresolved issues regarding the legal regulation of forms of participation of public associations and other civil society institutions in addressing issues of local importance, which should be resolved by amending current legislation and adopting new laws of Ukraine.

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38

Schmidt, Marlene. "Representativity - A Claim Not Satisfied: The Social Partners' Role in the EC Law-Making Procedure for Social Policy." International Journal of Comparative Labour Law and Industrial Relations 15, Issue 3 (September 1, 1999): 259–68. http://dx.doi.org/10.54648/243819.

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Анотація:

Since 1991, the substantive content of EC legislation in the area of social policy has been formulated by organisations that have not been legitimated democratically: the European social partners. This procedure is being justified on the grounds of the employers associations and trade unions' «representativity». The following contribution aims to show that since the European social partners' representativity is partial and inadequate, this justification does not hold. The Community institutions are, therefore, called upon to safeguard the interests of those who are under- and mis-represented.

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39

Garcia Júnior, Armando Alvares. "Sustainable development goals, rule of law and public policy: implications for the traditional family model." CUADERNOS DE DERECHO TRANSNACIONAL 13, no. 2 (September 14, 2021): 934–55. http://dx.doi.org/10.20318/cdt.2021.6308.

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Анотація:

Based on international public policy as an extension of national sovereignty, governments with authoritarian deviations are reforming their constitutions, criminal laws, etc. with the aim of preserving the inalienable values of their States and the Christian roots of their societies (traditional marriage and family model). For this purpose, basing on the vertical conception of SDG 16 (in which the areas of peace and justice are subordinated to the area of strong institutions), they seek to strengthen the state by gradually annulling its “disintegrating factors”: Muslim immigrants and refugees, members of the LGBTI community, leftist politicians, independent journalists and the EU itself (values, legislation and its incipient public policy). The research analyzes this problem affecting the family and its rights .

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40

Kudratov, M., D. A. Pechegin, and A. A. Trefilov. "Cross-Sectoral Nature of the Category «Damage» and Actual Problems of Interrelation of Civil, Criminal, Criminal Procedural, Arbitration and Budgetary Legislation of the RF." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 131–38. http://dx.doi.org/10.17816/rjls18413.

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Анотація:

The legal field frames social relations that arise and develop in modern society and the state. These or other legal relations are regulated, as a rule, by a specific branch of legislation, for example, budgetary, criminal, criminal procedural, arbitration, etc. Operating sometimes with the same legal categories, nevertheless, each of the branches of legislation can invest in the corresponding concept their especially, to introduce elements inherent only in this industry. This can easily be traced to an example of such a thing as currency. According to Part 2 of Art. 1 of the Federal Law of 10.12.2003 No. 173-FZ «On currency regulation and currency control» the institutions, concepts and terms of civil and administrative legislation of the Russian Federation and other branches of the legislation of the Russian Federation used in this federal law are applied in the sense in which they are used in these branches of the legislation of the Russian Federation, unless otherwise provided by this federal law. In other words, the concept of «currency» can have different meanings and, accordingly, will be treated differently within the framework of a specific branch of legislation.Meanwhile, such an approach can not be considered legitimate insofar as the different interpretation of the same term in different branches of legislation does not allow to fully realize the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another but are interrelated.The domestic law-enforcer, among other things, constantly starts with a category such as «damage». The article is devoted to the analysis of the problem of different interpretation of the category «damage» in relation to domestic and international legislation, and also discloses the problems of inconsistency of various branches of legislation. It is concluded that the person conducting the proceedings in the case can and is obliged, based on the analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. Besides it is necessary to create universal state data base for judges, prosecutors, investigators, etc., which would allow cross-sectoral free information exchange on the same subject.

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41

Tumanova, Anastasiya S., and Alexander A. Safonov. "CHARTERS OF VOLUNTARY ASSOCIATIONS IN PREREVOLUTIONARY RUSSIA." RUDN Journal of Law 24, no. 1 (December 15, 2020): 113–36. http://dx.doi.org/10.22363/2313-2337-2020-24-1-113-136.

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Анотація:

The article deals with the history of doctrinal formation of the content of the charter of voluntary association of Late Imperial Russia, as well as the role of the charter in regulating the phenomenon of social self-organization. This problem is practically don't studied in the scientific literature. It is based on the involvement of a broad corpus of published sources (constituent documents of public organizations, materials of clerical work of public institutions, etc.) and archives (documents of the RGIA). The legal policy of the Russian government aimed at establishing uniformity in the content of constituent documents of voluntary societies and the principles of their relationship with the state according to the creation, re-registration, termination of societies is analyzed. This national framework is assessed from the standpoint of the content of corporate regulation in Late Imperial Russia, the degree of intervention of the state in this process. Russian and European sources for the formation of corporate legislation on voluntary associations are considered. The analysis of constituent documents of various groups of organizations in prerevolutionary Russia takes a significant place. They are studied according to the content, structure, general and special features, field of activity. The authors investigate how independent creativity of the founders was expressed when drawing up the charters of organizations that do not fully comply with typical constituent documents, find out its meaning and boundaries. The authors come to the conclusion that the charters gave Russian associations substantial autonomy in the inner life (defining goals and objectives, methods of capital formation, requirements for categories of members, etc.), but rather strictly prescribed the “external” context of their functioning, coupled with the interaction with state authorities.

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42

Kaminska, Nataliia. "Development of European electoral and referendum law." ScienceRise: Juridical Science, no. 3(21) (September 30, 2022): 4–9. http://dx.doi.org/10.15587/2523-4153.2022.265570.

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The purpose of the article is to study European electoral and referendum law. In order to achieve it, it is necessary to solve the following tasks: disclosure of the nature of European electoral and referendum law; analysis of existing European legal standards in this field; highlighting the trends and regularities of the development of European electoral and referendum law in modern conditions. The methodological basis of the research is general scientific methods, in particular, dialectical, systemic, synthesis method, etc., and special legal (comparative-legal, historical-legal, formal-logical, structural-functional, legal semiotics, etc. .) methods of scientific knowledge. Their combination made it possible to comprehensively analyze the essence and peculiarities of European electoral and referendum law, to find out the trends and prospects of their development in modern conditions. With the creation of an extensive system of international legal standards of the universal and regional (mostly European) levels, which guarantee the rights of citizens to participate in elections and referendums, the active functioning of the Council of Europe, the OSCE, the EU, the traditional democratic institutions of elections and referendums are marked by significant modernization and standardization. Along with the development of electoral and referendum law and relevant legislation at the domestic levels, the formation of European electoral and referendum law is observed. Undoubtedly, thorough studies of their nature and essence, subject-functional and other characteristics, mechanisms of implementation of existing European legal standards in this field, etc., are necessary. The risks and threats, associated with armed aggression against Ukraine, and the re-creation of classic institutions of people's power, for the improvement of which the efforts of democratic states and, in recent decades, international organizations have been concentrated, force the development of effective tools for countering and preventing manipulation of elections and referenda, establishing responsibility for such acts, increasing universally binding (normative) acts, along with "soft law" acts in this area

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43

Kleshchenko, N. O. "Law-making activity in the post-war period: challenges and prospects." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 231–35. http://dx.doi.org/10.33663/2524-017x-2022-13-37.

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The article is devoted to the analysis of the challenges faced by national lawmaking in the postwar period, including setting priorities in the face of lack of resources, as well as optimizing lawmaking activities to regulate legal relations between the state and citizens in the context of postwar reconstruction. It is noted that we have a task to build a new system of relations between the state and society, which should be based on effective and high-quality lawmaking. In order to function effectively, law-making activities should be based on a solid legal basis that regulates the legal status of law-making entities, procedural basis of law-making bodies, legal status of legal documents adopted the procedure for their entry into force, etc. The main directions and priorities of law-making are dictated by modern conditions and objective needs of legal regulation to adapt domestic legislation to the EU legislation, which is provided by Ukraine’s course of integration into the united Europe. The result of all these measures should be to ensure the rule of law, the legal nature of current legislation. The main directions of improving law-making activities and further development of the legislation of Ukraine are, in particular: prompt response to changes in public life by the legislator and timely updating of legislation; in order to streamline the legislation to determine the concept of change (reform) of a particular area (subsector) of legislation; constant social and legal monitoring, which is able to clearly take into account changes in public relations that meet public expectations; consistency in the development of conceptual approaches to lawmaking; improvement of legal modeling as an effective means of normative-legal unification in law-making activity; scientific validity of legislative acts and social expediency of their introduction; improvement of the mechanism of the people’s fourth discussion of bills and optimal consideration of its results in the rule-making of state bodies; taking into account the world experience in the implementation of relevant institutions for rule-making and study of legal techniques; at the legislative level, the settlement of the issue of legislative technique, etc. It is stated that the value of law-making activity in any period directly depends on the harmonious combination of interests of the individual and society as a whole, and on the other - the state as a whole, which characterizes law as a unique phenomenon capable of organization, coherence and efficiency public relations. Key words: law-making, law-making activity, civil society, legislation, rule of law.

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Nadonenko, Olga N. "On resolution of defense attorneys' requests and complaints of citizens by state expert institutions." Ugolovnaya yustitsiya, no. 19 (2022): 46–49. http://dx.doi.org/10.17223/23088451/19/8.

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The article analyses the practice of resolving defense attorneys' requests and complaints of citizens by state expert institutions. The author has assessed whether it is eligible to submit such requests and complaints to expert institutions and whether they are correctly resolved by expert institutions in terms of the current criminal procedure law. The current legislation ensures that defense attorneys may make inquires to various state authorities, local governments, public associations, and other organizations, including state expert institutions. However, some of the defense attorneys' requests received by expert institutions are not legitimate and the attorneys should be denied the requested information. In addition to attorney's requests, expert institutions receives complaints from suspects and accused persons, drawn up with the help of defense attorneys, who must understand that the addressee is not entitled to consider these appeals. Therefore, it is necessary to pay attention to this negative trend that has emerged in recent years.

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Kudashkin, A., and I. Kholikov. "Conceptualizing special military operations in contemporary law." Pathways to Peace and Security, no. 1 (2023): 31–47. http://dx.doi.org/10.20542/2307-1494-2023-1-31-47.

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Special military operations are associated with the establishment of a special legal regime in a certain territory or in relation to certain actions, as well as with the special activities of collective subjects and military officials. Difficulties in international legal and law enforcement conceptualization give rise to various forms of legal understanding of the phenomenon of “special military operation”. The article discusses interrelated conceptual, legal, and institutional issues of special military operations, including the way they apply to Russia’s special military operation (SMO) in Ukraine at different stages of legal regulation. In terms of differentiation of the legal regulation’s object, SMO is already regulated by over 30 federal laws and subsidiary legislation acts, and this list continues to grow. The specifics of the formation of special legislation on SMO that forms a separate subject area of the Russian law is revealed. Specialization of legislation first manifested itself at the level of individual legal norms (such as military award procedures in SMO area) and sub-institutions (such as ensuring monetary and social security of its participants, partial mobilization procedures etc.), with subsequent optimization and integration of legal regulation into single legal institution of SMO. Legal regulation problems in the field of military confrontation in cyber-space and at sea actualized by SMO are also addressed. The authors conclude that some features of social relations to be regulated in the case of SMO require certain legal norms and the method of legal regulation to be revised, as the existing legal mechanisms do not always function effectively.

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Shesler, Aleksander. "INTEGRATION OF EDUCATIONAL AND METHODOLOGICAL STUDIES OF PENAL ENFORCEMENT PROBLEMS BY SCIENTISTS FROM RUSSIA AND AZERBAIJAN (USING THE EXAMPLE OF THE TEXTBOOK «PENAL ENFORCEMENT LAW THE RUSSIAN FEDERATION AND THE REPUBLIC OF AZERBAIJAN. THE GENERAL PART» EDITED BY A. P. SKIBA AND M. G. GUMBATOV)." Penal law 18, no. 4 (April 3, 2024): 594–97. http://dx.doi.org/10.33463/2687-122x.2023.18(1-4).4.594-597.

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The article gives a positive assessment of the work of the team of authors on the preparation of the textbook «Penal Enforcement law of the Russian Federation and the Republic of Azerbaijan. The general part» edited by A. P. Skiba and M. G. Gumbatov. Special attention is paid to issues of high scientific interest and disclosed in the textbook on penal enforcement policy, the legal status of convicts, the list of institutions and bodies executing sentences and the powers of their employees, types of control over their activities (judicial, public, etc.), the introduction and implementation of various forms of probation in the Russian Federation and the Republic of Azerbaijan. The probable direction of further work in this area has also been determined: it is advisable to concretize a comparative analysis of the legislation of the Russian Federation and the Republic of Azerbaijan, including institutions of purely penological (means of correction, powers of employees of institutions and bodies executing punishments, etc.) and intersectoral (list of punishments and other criminal legal measures or types of early release from serving punishments) of a nature.

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Tumanova, Anastasiya S., and Alexander A. Safonov. "Legislation on societies and unions of Soviet Russia (1917-1930s)." RUDN Journal of Law 26, no. 4 (December 15, 2022): 861–76. http://dx.doi.org/10.22363/2313-2337-2022-26-4-861-876.

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This article outlines a number of sources of law of various legal force that determine the legal status of non-governmental organizations in Soviet Russia in the 1917-1930s. Primarily, these are the Constitutions of the RSFSR and the USSR and Resolutions of the All-Russian Central Executive Committee and the Council of People’s Commissars on societies and unions. The authors examine doctrinal documents (resolutions of party congresses, excerpts from speeches by party leaders, etc.) that characterize self-organization of Soviet society and legal framework for the activities of mass voluntary associations. The legal foundations for voluntary associations operation in Soviet Russia, as well as specifics of legislative acts regulating their formation and activities, and the forms of control over them by the authorities, have not been fully studied in academic literature. This research aims to bridge this gap. Based on the analysis of a wide range of published sources, as well as the standpoint of modern methodology of critical legal research, the article investigates legal policy of the Soviet government aimed at developing a new legal framework for the activities of societies and unions including the principles of their relationship with the state in terms of formation, re-registration and termination of activities of mass voluntary organizations.

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48

Obukhova, Galina. "Analysis of Procedural Rules in Individual Institutions Labour Law." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 68–77. http://dx.doi.org/10.24147/1990-5173.2020.17(3).68-77.

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Introduction. The article deals with procedural and procedural rules of certain institutions of labor law, which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights and interests. The author substantiates the need for detailed regulation of the procedure for implementing such norms, since the sequence of their application and compliance directly affect the normal development of labor relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of labor law based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal legal methods were used. Results. In the course of the research, we come to the conclusion that some procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or production, we are always talking only about legal activity. The implementation of almost all substantive rules requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a relatively independent element of the mechanism of legal regulation of labor relations. The official application of any substantive law should be carried out in a specific procedure, which distinguishes the subject of the enforcement order of its work and relationship with the requiring party, the right of appeal against enforcement, etc. All require further elaboration and regulation.

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Hrushko, Zh. "The impact of the completion of voluntary association of territorial communities on the implementation of cooperation in Ukraine." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 359–63. http://dx.doi.org/10.24144/2307-3322.2021.65.65.

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The article is devoted to the research of institutes of cooperation and association of territorial communities in Ukraine. The main purpose of the article is to find out the essence of cooperation and association of territorial communities in Ukraine, their characteristics and their relationship, as well as the impact of the completion of community mobilization on the implementation of cooperation.In 2014, the Government of Ukraine launched a large-scale reform of local self-government, which, in particular, provides for the transfer of greater powers from the central government to local governments, expanding their resource base and more. In this regard, the issues of development of cooperation of territorial communities as an effective and flexible tool for ensuring the capacity of territorial communities and sustainable local development are of particular importance. As the experience of other countries shows, the cooperation of territorial communities cannot be considered as a one-time action, but as a set of actions (organizational, legal, institutional, managerial, etc..)The main legal basis for the development of the institute under study was the adoption of a special Law of Ukraine «On Cooperation of Territorial Communities», № 1508 - VII of June 17, 2014 (hereinafter - the Law № 1508 - VII, 2014. According to which, the basic concepts of the institution of cooperation, its principles, subjects, organization, forms and procedure for termination are regulated. However, the practical implementation of its instructions has identified an urgent need for a comprehensive study of the institution of cooperation of territorial communities. After all, the latter faced a number of inaccuracies in the conceptual apparatus of cooperation, participation in its organization and lack of public control over its implementation, unclear monitoring by the state and its participation in cooperation, but without specific powers to stop abuses of cooperation, with inability to join already to the existing cooperation, with the general standard forms of agreements on cooperation in which risks of all parties of the agreement are not considered.The undeniable function of this institution is to improve the quality and comfort of members of territorial communities, ie their inhabitants by solving common problems of communities. Along with this, it is necessary to highlight another of its special functions - it is to promote the process of unification of territorial communities, which is traced from foreign experience.But if we analyze the chronology of the stages of decentralization reform, we can see with the naked eye that voluntary unification began simultaneously with cooperation, and how such «promotion» of cooperation in Ukraine did not happen. Instead, we have completely different from foreign functions and influences of these two institutions both on each other and on local self-government in general and territorial communities in particular.The completion of the process of unification of territorial communities and the creation of capable communities has created a number of obstacles to the implementation of the terms of cooperation agreements between their parties. For example, cooperating communities have joined the affluent, indicating their reorganization. Yes, affluent communities have become the successors of real estate, movables, property obligations, but within the balance of the latter. This means that if the successor does not decide to finance cooperation agreements, they will not be able to be completed and implemented in full. Note that the subject of most such agreements is the implementation of joint projects. As a rule, their conditions determine the need to involve contractors who are obliged to pay for the work performed.Based on such consequences of the completion of the process of unification of communities in Ukraine, there is a great need for prompt and comprehensive legislative changes to protect the institution of cooperation of territorial communities and its subjects.

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Kirilenko, V. P., G. V. Alekseev, and M. Z. Chaava. "International Protection of Migrant Workers Rights and Migration Legislation." EURASIAN INTEGRATION: economics, law, politics 16, no. 2 (July 6, 2022): 84–94. http://dx.doi.org/10.22394/2073-2929-2022-02-84-94.

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In the context of deepening international integration in the Eurasian space, the study of the legal protection of migrant workers is fundamental issue for both ensuring socio-economic fairness and gradual transformation of the state sovereignty into the institutional basis of supranational constitutionalism, which guarantees the protection of fundamental human rights and freedoms.Aim. Improving the legal regulation of labor migration at the international, supranational and state levels through the harmonization of migration legislation in the Eurasian region.Tasks. Identification of conflicts and inaccuracies in the legal regulation of labor migration, as well as the development of recommendations for implementation of international agreements on the organized recruitment of workers between the receiving countries and countries of origin of migrants.Methods. A comparative legal analysis of international, supranational and state migration law in the process of research is supplemented by a discursive analysis of scientific literature on labor migration issues.Results. Protecting the socio-economic rights of migrant workers is the main task of host states, where migrants can become ether a criminogenic factor or a constructive social element. It is rational to organize national regulation of labor migration in integration associations of states, such as the EAEU, on the principles of national treatment for migrant workers. International agreements on the organized recruitment of workers between receiving countries and countries of origin of migrants should ensure the adaptation of migrants to the legal regime of the host country, the participation of migrants in the functioning of civil society institutions, and the monitoring of migration processes.Conclusion. Labor migration strengthens integration unions, creating strong social ties and developing civil society institutions within the boundaries of integration associations. Since state sovereignty is inextricably linked with the protection of the interests of fellow citizens, insofar as in the process of regulating labor migration, all states participating in regional integration are called upon not only to protect the rights of migrant workers, but also to provide all conditions for migrants to fulfill their obligations to civil society.

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