scholarly journals Principles of Introducing the Institution of Mediation in Public Legal Disputes in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 187-201
Author(s):  
К. С. Токарєва
Keyword(s):  
Civil Rights ◽  
Theoretical Study ◽  
Great Influence ◽  
State Intervention ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
International Standards ◽  
Current Status ◽  
Scientific Article

The article is focused on theoretical study of the principles of introduction of the institution of mediation in public law disputes in Ukraine. It has been determined that the introduction of mediation in the field of public administration should be carried out in accordance with the specifics of public law disputes. The current status of legal regulation of mediation in Ukraine has been analyzed. It has been emphasized that the main way to introduce the institution of mediation in resolving public law disputes is to create and continuously improve the administrative and legal regulation of mediation. The emphasis has been placed on the great influence of the principles of the mediation procedure on further formation of legal regulation of mediation. The article is focused on theoretical study of the principles of legal regulation of mediation as an element of the content of administrative and legal regulation of the social and legal institution of mediation, it considers scientific approaches to the concept of administrative and legal regulation and forms of its own definition. Administrative and legal regulation of mediation in the study has been understood as the purposeful influence of the state, its agencies and officials on relations arising in the field of mediation, in order to achieve stability, law and order through the use of legal means (legal norms, legal principles, legal facts, etc.) for establishing the extent of possible and necessary behavior of mediation subjects. The article illustrates the division of principles as legal means of administrative and legal regulation of mediation into general and special ones. The general principles of regulation of mediation in the administrative process correspond to the principles of administrative law. The basic principles of such regulation are the principles of the rule of law, legality, justice, priority of human and civil rights and freedoms, humanism, equality, non-discrimination, responsibility of the individual and the state, publicity, compliance with international standards, minimum state intervention, proportionality, etc.; the essence of each principle has been also clarified. Further research on the issues of the scientific article should be aimed at the possibility of practical application, implementation and realization of the principles of administrative and legal regulation of mediation.

LEGAL FUNDAMENTALS OF INNOVATIVE ACTIVITY

2017 ◽  
Author(s):  
Alla Nitchenko ◽  
◽  
Nataliia Morska ◽  
Keyword(s):  
Practical Experience ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Innovative Activity ◽  
International Standards ◽  
Innovation Activity ◽  
Scientific Article ◽  
Basic Principles ◽  
Regulatory Documents

The scientific article presents the basic principles of innovation from the standpoint of law. The problems of legislative and normative-legal provision of the basic principles of innovation activity on the territory of Ukraine are considered. It was found that the basic principles of innovation in Ukraine are regulated by a number of legislative and regulatory documents. The legal content of the category "innovation" is revealed, based on the provisions of the legal framework. The legal peculiarities of innovation activity on the territory of Ukraine are determined. Objects and subjects of innovation activity are analyzed. The directions of implementation of innovative activity on the territory of Ukraine are considered. The role of the state in guaranteeing the subjects of innovation activity favorable conditions for innovation activity in accordance with the provisions of legislative and regulatory documents is revealed. The key functions of the state, which are to control and regulate the basic principles of innovation in Ukraine, are considered. The key areas of innovation in Ukraine are outlined, based on the provisions of the legal framework. The mode of implementation of innovative activity by technology parks, which is based on special legal bases, is characterized. The practical experience of carrying out innovative activity on the territory of Ukraine is analyzed. Prospects for further research in the direction of studying the legislation governing the basic principles of innovation from the standpoint of law, which are a more thorough study of legislation with the allocation of promising areas to improve the legal regulation of innovation in Ukraine in accordance with international standards and norms.

scholarly journals Saudi Arabia’s G20 Presidency in 2020

2019 ◽  
Vol 19 (4) ◽  
pp. 654-662
Author(s):  
Lari Lidzhievich Basangov ◽  
Alexander Alexandrovich Ignatov
Keyword(s):  
Saudi Arabia ◽  
Developing Economies ◽  
Great Influence ◽  
National Development ◽  
International Standards ◽  
International Taxation ◽  
Current Status ◽  
Arab State ◽  
Leading Role ◽  
Growth Energy

The G20 is an informal institute of global governance and one of the most prominent international forums for both - key developed and developing economies. The G20’s agenda embraces various issues including international taxation, digital growth, macroeconomic stability, labor market development, fight against crime and corruption, implementation of effective and eco-neutral energy technologies, etc. The G20’s decisions, even lacking legal force, tend to transform into international standards and joint initiatives. Due to the absence of a permanent secretariat, a host country exercises great influence on formulation of the G20’s working agenda. The Kingdom of Saudi Arabia is a key actor in the Middle East and the only Arab state with G20 membership. In 2020, Saudi Arabia will take the G20 presidency for the first time ever and thus take the leading role in shaping its agenda. In this context, several issues regarding Saudi Arabia’s policy towards implementation of its national development agenda, promotion of previous presidencies’ decisions and its influence over further development of the G20’s agenda are of particular interest. The authors analyze Saudi Arabia’s current status and national priorities and recent developments of G20’s agenda to forecast the results of the forthcoming presidency. The authors point out that discussion on digital growth, energy efficiency, climate change mitigation and macroeconomic policy would very likely result in concrete decisions. Modest success is expected in making decisions on gender-related agenda. The core items of G20’s agenda such as reform of international financial institutions and fight against protectionism in global trade are less likely to attract much attention and lead to concrete decisions.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

scholarly journals Legal mechanisms for the implementation of corporate rights by public law entities

2020 ◽  
pp. 309-313
Author(s):  
Konstantin Leonov
Keyword(s):  
Local Governments ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Corporate Rights ◽  
A Value ◽  
Communal Property ◽  
The Right ◽  
Authorized Capital

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

scholarly journals Prospects and current status of defence information security in Ukraine

2021 ◽  
Vol 5 (S3) ◽  
pp. 513-524
Author(s):  
Olha O. Zolotar ◽  
Mykola M. Zaitsev ◽  
Vitalii V. Topolnitskyi ◽  
Kostiantyn I. Bieliakov ◽  
Ihor M. Koropatnik
Keyword(s):  
Information Technology ◽  
Information Security ◽  
State Policy ◽  
Information Society ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
Current Status ◽  
State Security ◽  
Cyber Space

Relevance of the article - security has always been one of the priority issues of state policy, and considering the fact that the defense forces are an inseparable part of state security, the study of their information security is essential. The feasibility of this study is confirmed by the fact that in the current conditions of development of the information society, the information technology of the Ukrainian defence forces must adapt to the current challenges and threats, to ensure proper protection of information of strategic importance to the state and collected, consolidated and stored by the defence forces. The purpose of this article is to identify problems of information security of defence forces in Ukraine, to find ways of their elimination. Formal logical, systemic structural, comparative and legal methods were used to conduct the research. It is stated that by dividing the information space and cyber space, the legislator has laid down legal regulation of protection of the information space of the state. It is understood that the Lithuanian and Latvian forces for combating threats to the information space were consolidated within the structure of the Ministry of Defence.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

scholarly journals INTERNATIONAL ECONOMIC STANDARDS OF MEDICAL PROVISION: LEGAL CHARACTERISTICS AND PROBLEMS OF IMPLEMENTATION IN UKRAINE

2020 ◽  
Vol 5 (5) ◽  
pp. 28
Author(s):  
Dmytro Bilinskyi ◽  
Mushfik Damirchyiev
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Care Delivery ◽  
Synthesis Method ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
International Standards ◽  
Medical Reform ◽  
The Right

The purpose of the paper is to analyze the current legislation on medical reform in the context of harmonization with international standards. In the conditions of social state building in Ukraine, the thesis is axiomatic regarding that the state should show concern for their citizens, including for the protection of their health. In this context, it is relevant to study the implementation of medical reform in Ukraine, since its content and the degree to which the proclaimed provisions are enforced depend on the ability of each person to access quality health care. Methodology. The article is based on international legal acts, laws and by-laws of Ukraine in the field of legal regulation of medical care. Both general scientific and special methodology were used for the research. Methods of analysis and synthesis, method of description, method of induction, method of deduction, method of correlation, etc. were applied. Results. The article defines the directions for harmonization of the legislation of Ukraine on health protection in accordance with international standards. Based on the ECHR practice, proposals have been formulated to improve the legislation of Ukraine. Conclusions. The ECHR has repeatedly concluded that the right to health is complex and includes: the right to information about one's health and the confidentiality of such information; the right to health care; the right to choose the doctor and the remedies freely; the right to a safe environment that affects health and so on. The state does not cover all aspects of providing medical care to citizens, but resorts to limited funding, since the state budget funds are only one of the types of sources of financing. Practical implications. We have formulated the following tasks: to analyze Ukraine's international legal obligations regarding health care; to identify major changes in health care financing and health care delivery in line with health care reform standards in Ukraine; to identify major health care funding issues.

One-time voluntary declaration in Ukraine

2021 ◽  
Author(s):  
Oksana Makuch
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Main Body ◽  
Tax Legislation ◽  
Tax Amnesty ◽  
Special Procedure ◽  
The Law ◽  
National Tax ◽  
Legal Mechanism

Problem setting. In recent years, law-making in Ukraine in the field of taxation has undergone significant changes. Such transformations are related to many factors, for example: (1) the need to bring national tax legislation in line with the provisions of international standards; (2) introduction of modern technologies into the sphere of tax and legal regulation; (3) actualization of the issue of filling the revenue parts of budgets in a pandemic, etc. Taking into account these and other factors, the state must implement appropriate measures, implement new legislation. Thus, one of the latest novelties of tax legislation is the introduction in accordance with the Law of Ukraine “On Amendments to the Tax Code of Ukraine and other laws of Ukraine to stimulate de-shadowing of incomes and increase tax culture of citizens by introducing one-time (special) voluntary declaration of assets and payment one-time collection to the budget ”(hereinafter – the Law № 1539) [11] voluntary tax declaration, which in fact provides for a tax amnesty. Analysis of recent researches and publications. It is significant that the institution of amnesty is not new to law, in particular, tax, and its research was carried out by such lawyers as: T.O. Belova, M. P. Kucheryavenko, I.V. Pivovarova, I. V. Prikhodko, V. O. Ryadinska, E. M. Smychok. At the same time, in modern conditions, the legal mechanism of its implementation has undergone appropriate transformations, which in turn necessitates an analysis of modern approaches to the definition and regulation of tax amnesty. Target of research is to analyze various aspects of the legal regulation of one-time (special) voluntary declaration as a mechanism of tax amnesty in Ukraine. Article’s main body. The article considers the legal regulation of one-time (special) voluntary tax declaration, reveals its legal mechanism and content characteristics. It is established that the signs of modern tax amnesty are: 1) special subject composition – only natural persons-taxpayers; 2) specific objects of declaration – assets of natural persons located on the territory of Ukraine and / or abroad, if they are received (acquired) by such natural person at the expense of income that was subject to taxation in Ukraine at the time of their accrual (receipt) which have not been paid or not paid in full taxes and fees, and / or which have not been declared in violation of tax and currency legislation; 3) voluntary – the taxpayer decides at his own discretion to use such legislative innovations or not; 4) temporal limitation (only from September 1, 2021 to September 1, 2022); 5) payment – the subject of declaring pays a fee to the budget for the use of special voluntary declaration, the amount of which is calculated taking into account specific rates; 6) a special procedure for submitting such a declaration. Conclusions and prospect of development. It is emphasized that it is too early to state the positive consequences of the introduction of such a mechanism (especially for the taxpayers). The necessity and expediency of building a tax system and a system of administration of taxes and fees with a high degree of trust in the state in the taxpayer are emphasized.

scholarly journals International legal regulation of road transportation (features of the legal consciousness of legislators)

2018 ◽  
Vol 239 ◽  
pp. 03008
Author(s):  
R.B. Bryukhov ◽  
K.E. Kovalenko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Natural Monopoly ◽  
Legal Consciousness ◽  
Private Law ◽  
International Agreement ◽  
Road Transportation ◽  
The Status

The contract of international carriage is a special type of foreign economic transactions. The specificity of this agreement is due to the peculiarities of transport as a natural monopoly of the state. The contract of international carriage includes public law (determination of the status of the transport environment) and private law (direct organization of the carriage itself) aspects. International carriage is the carriage of goods and passengers between two or more states in accordance with the terms of an international agreement concluded between them.

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