The questions of legal regulation of the legal institute of forced expulsion of foreigners and stateless persons as a measure of administrative coercion by the authorized state bodies, taking into account recent innovations in the legislation, are studied. The analysis of administrative and legal theoretical positions on the understanding of the institute of forced expulsion of illegal migrants from the territory of the state is carried out. It is noted that this procedure, taking into account individual components of the legal regulation of this institute is implemented in the activities of authorized subjects and consists in the removal of an illegal migrant outside the territory of the state and is a separate group of social relations of migratory nature. It is argued that forced expulsion is an effective measure of administrative coercion, which is used in many countries of the world, and is one of the ways to combat offenses committed by foreigners and stateless persons. Attention is drawn to the inappropriateness of the use of the term «administrative expulsion», which is used in the Code of Administrative Offences of Ukraine, because it does not correspond to the actual state of affairs in the legislation. Separately, attention is drawn to the fact that the institute of forced deportation of foreigners and stateless persons outside the territory of Ukraine is aimed at achieving the result of migration law and order. The position on the inadmissibility of interpreting the provision that «the use by citizens of illegal ways of departure abroad puts them outside the social and legal protection» is supported, and emphasis is placed on the need to comply with generally recognized principles of human rights and freedoms in the application of forced expulsion procedures. The conclusion that a clear definition of the concept of forced deportation of foreigners and stateless persons from Ukraine allows to legislate uniform procedural procedures for proceedings on these categories of cases, which in turn will eliminate certain problematic issues in the service activities of public authorities, which apply it.
{"title":"Forced Expulsion of Foreigners and Stateless Persons as a Measure of Administrative Coercion","authors":"A. Mota, M. Korol","doi":"10.37491/unz.84.18","DOIUrl":"https://doi.org/10.37491/unz.84.18","url":null,"abstract":"The questions of legal regulation of the legal institute of forced expulsion of foreigners and stateless persons as a measure of administrative coercion by the authorized state bodies, taking into account recent innovations in the legislation, are studied. The analysis of administrative and legal theoretical positions on the understanding of the institute of forced expulsion of illegal migrants from the territory of the state is carried out. It is noted that this procedure, taking into account individual components of the legal regulation of this institute is implemented in the activities of authorized subjects and consists in the removal of an illegal migrant outside the territory of the state and is a separate group of social relations of migratory nature. It is argued that forced expulsion is an effective measure of administrative coercion, which is used in many countries of the world, and is one of the ways to combat offenses committed by foreigners and stateless persons. Attention is drawn to the inappropriateness of the use of the term «administrative expulsion», which is used in the Code of Administrative Offences of Ukraine, because it does not correspond to the actual state of affairs in the legislation. Separately, attention is drawn to the fact that the institute of forced deportation of foreigners and stateless persons outside the territory of Ukraine is aimed at achieving the result of migration law and order. The position on the inadmissibility of interpreting the provision that «the use by citizens of illegal ways of departure abroad puts them outside the social and legal protection» is supported, and emphasis is placed on the need to comply with generally recognized principles of human rights and freedoms in the application of forced expulsion procedures. The conclusion that a clear definition of the concept of forced deportation of foreigners and stateless persons from Ukraine allows to legislate uniform procedural procedures for proceedings on these categories of cases, which in turn will eliminate certain problematic issues in the service activities of public authorities, which apply it.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132580036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The peculiarities of international legal mechanisms for ensuring the principle of gender equality are studied. The issues studied in the scientific work are actualized through the prism of the historical retrospective of the international legal heritage in the field of research and outlining the main problems that remain unresolved today. The issue of gender equality, which has been exacerbated by quarantine restrictions due to the COVID-19 pandemic, is highlighted. The specifics of legal regulation within the international and European legal systems are determined. It is pointed out that the civilizational achievements of legal regulation in the field of gender equality show considerable interest on the part of international actors in these issues, however, today we still cannot say the real effective existence of such protection mechanisms. comprehension and reassessment. The legal consolidation and application of positive discrimination as a policy endowed with an arsenal of tools, measures and actions taken to ensure the rights and well-being of members of certain groups depending on their ethnic and cultural origin, social class, disability, gender, marital status, pregnancy, and motherhood etc. It is emphasized that the problem of legal inequality remains widespread today, even though several international legal instruments are aimed at achieving real equality between men and women. International legal standards are a kind of minimum requirements of the international community to states that, by implementing a set of measures, will be able to overcome gender inequality. The position on the necessary measures of legal response and control in the field of gender equality the elimination of all forms of violence against all women and girls in public and private spheres, including human trafficking and sexual and other forms of exploitation; elimination of all harmful practices (child, early and forced marriages and operations that harm the female genitalia).
{"title":"International Legal Mechanisms to Ensure the Principle of Gender Equality","authors":"O. Cherniak","doi":"10.37491/unz.84.4","DOIUrl":"https://doi.org/10.37491/unz.84.4","url":null,"abstract":"The peculiarities of international legal mechanisms for ensuring the principle of gender equality are studied. The issues studied in the scientific work are actualized through the prism of the historical retrospective of the international legal heritage in the field of research and outlining the main problems that remain unresolved today. The issue of gender equality, which has been exacerbated by quarantine restrictions due to the COVID-19 pandemic, is highlighted. The specifics of legal regulation within the international and European legal systems are determined. It is pointed out that the civilizational achievements of legal regulation in the field of gender equality show considerable interest on the part of international actors in these issues, however, today we still cannot say the real effective existence of such protection mechanisms. comprehension and reassessment. The legal consolidation and application of positive discrimination as a policy endowed with an arsenal of tools, measures and actions taken to ensure the rights and well-being of members of certain groups depending on their ethnic and cultural origin, social class, disability, gender, marital status, pregnancy, and motherhood etc. It is emphasized that the problem of legal inequality remains widespread today, even though several international legal instruments are aimed at achieving real equality between men and women. International legal standards are a kind of minimum requirements of the international community to states that, by implementing a set of measures, will be able to overcome gender inequality. The position on the necessary measures of legal response and control in the field of gender equality the elimination of all forms of violence against all women and girls in public and private spheres, including human trafficking and sexual and other forms of exploitation; elimination of all harmful practices (child, early and forced marriages and operations that harm the female genitalia).","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130396793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article states that Ukraine continues to implement active measures to reform public authorities, local governments, energy system, economic climate, law enforcement, social protection systems for vulnerable groups and more. The state aims to form a stable and perfect national financial system, as this is one of the main conditions for the effective development of the national economy and creating the conditions for the well-being of the population. However, the construction of an effective national financial system is impossible without its interaction with the world economy, which is characterized by the process of globalization. In addition, such modernization and reform require significant resources, which are usually lacking in Ukraine. That is why the cooperation of Ukraine with international organizations in the field of public finance comes to the fore. International financial organizations are becoming increasingly important in international economic and financial relations, as their network carries a significant share of global investment, there is a purchase and sale of currency to finance export-import operations, and so on. In addition, given the globalization processes in the world and the needs of developing countries, international financial organizations today play a key role in implementing reforms in major areas of public life, helping to minimize possible crises in national financial systems. Cooperation with international financial organizations is also an integral part of the foreign policy of our state, as well as an activist for the development of financial and economic Ukraine. Such cooperation has an impact on public financial activities, the peculiarities of the formation, distribution and use of monetary resources, as well as the organization of money circulation and financial control. What is meant by «international financial organization»? To address this issue should turn to the achievements of international science. Administrative and financial law. International financial organizations are organizations established under several states that are subjects of public international law and which provide financial resources to member states of international financial organizations on the terms specified in their documents. In the international steam literature, the concept of international financial organizations is also understood as such an organization, which is endowed by its members with competent activities in the monetary and financial sphere and which is more or less involved in the functioning of the international financial system.
{"title":"The Current State of Interaction of International Organizations and Public Authorities in Ukraine in the Field of Public Finance","authors":"Roksolana Ivanova","doi":"10.37491/unz.84.6","DOIUrl":"https://doi.org/10.37491/unz.84.6","url":null,"abstract":"In this article states that Ukraine continues to implement active measures to reform public authorities, local governments, energy system, economic climate, law enforcement, social protection systems for vulnerable groups and more. The state aims to form a stable and perfect national financial system, as this is one of the main conditions for the effective development of the national economy and creating the conditions for the well-being of the population. However, the construction of an effective national financial system is impossible without its interaction with the world economy, which is characterized by the process of globalization. In addition, such modernization and reform require significant resources, which are usually lacking in Ukraine. That is why the cooperation of Ukraine with international organizations in the field of public finance comes to the fore. International financial organizations are becoming increasingly important in international economic and financial relations, as their network carries a significant share of global investment, there is a purchase and sale of currency to finance export-import operations, and so on. In addition, given the globalization processes in the world and the needs of developing countries, international financial organizations today play a key role in implementing reforms in major areas of public life, helping to minimize possible crises in national financial systems. Cooperation with international financial organizations is also an integral part of the foreign policy of our state, as well as an activist for the development of financial and economic Ukraine. Such cooperation has an impact on public financial activities, the peculiarities of the formation, distribution and use of monetary resources, as well as the organization of money circulation and financial control. What is meant by «international financial organization»? To address this issue should turn to the achievements of international science. Administrative and financial law. International financial organizations are organizations established under several states that are subjects of public international law and which provide financial resources to member states of international financial organizations on the terms specified in their documents. In the international steam literature, the concept of international financial organizations is also understood as such an organization, which is endowed by its members with competent activities in the monetary and financial sphere and which is more or less involved in the functioning of the international financial system.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122538993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article analyses the right to humanitarian access, which finds its expression in humanitarian aid and protection during armed conflicts in accordance with the norms of International Humanitarian Law. The basics of humanitarian access activities are determined. Mechanisms for ensuring and supporting effective humanitarian access as a result of collective action and efforts of humanitarian actors are considered. The article reaffirms that the provision of humanitarian assistance is the responsibility of all parties to an armed conflict in accordance with International Humanitarian Law. International Humanitarian Law is a constant of legal norms that must be applied by all parties to an armed conflict. Determinant in this definition is the presence of armed conflict, not the «humanitarian» component. Authors of the article emphasize that the axiom of International Humanitarian Law is the protection of war victims, which corresponds to the key principle of humanity. Access standards are reflected in the four Geneva Conventions for the Protection of Victims of War of 1949 and the two Additional Protocols to the Geneva Conventions of 1977. Unless a State or other party to an armed conflict is a party to a treaty, customary International Humanitarian Law operate in parallel with contractual rules. Humanitarian protection is designed to protect and restore human rights, which is based on the provisions of international human rights law and forms the basis of fundamental human rights and freedoms. The provisions of international criminal law, in particular the 1998 Rome Statute of the International Criminal Court are strengthens humanitarian access. The article argues that addressing issues such as the accreditation of humanitarian missions, the humanitarian aid coordination system and overcoming regulatory gaps will address the current challenges of humanitarian access in armed conflict mainly due to the difficulties of interaction of international humanitarian missions with the warring parties. The authors of the article confirmed that the violation of the right to humanitarian access poses a threat to peace and security in the world.
{"title":"Humanitarian Access during Armed Conflicts","authors":"N. Martsenko, M. Hrushko","doi":"10.37491/unz.84.9","DOIUrl":"https://doi.org/10.37491/unz.84.9","url":null,"abstract":"The article analyses the right to humanitarian access, which finds its expression in humanitarian aid and protection during armed conflicts in accordance with the norms of International Humanitarian Law. The basics of humanitarian access activities are determined. Mechanisms for ensuring and supporting effective humanitarian access as a result of collective action and efforts of humanitarian actors are considered. The article reaffirms that the provision of humanitarian assistance is the responsibility of all parties to an armed conflict in accordance with International Humanitarian Law. International Humanitarian Law is a constant of legal norms that must be applied by all parties to an armed conflict. Determinant in this definition is the presence of armed conflict, not the «humanitarian» component. Authors of the article emphasize that the axiom of International Humanitarian Law is the protection of war victims, which corresponds to the key principle of humanity. Access standards are reflected in the four Geneva Conventions for the Protection of Victims of War of 1949 and the two Additional Protocols to the Geneva Conventions of 1977. Unless a State or other party to an armed conflict is a party to a treaty, customary International Humanitarian Law operate in parallel with contractual rules. Humanitarian protection is designed to protect and restore human rights, which is based on the provisions of international human rights law and forms the basis of fundamental human rights and freedoms. The provisions of international criminal law, in particular the 1998 Rome Statute of the International Criminal Court are strengthens humanitarian access. The article argues that addressing issues such as the accreditation of humanitarian missions, the humanitarian aid coordination system and overcoming regulatory gaps will address the current challenges of humanitarian access in armed conflict mainly due to the difficulties of interaction of international humanitarian missions with the warring parties. The authors of the article confirmed that the violation of the right to humanitarian access poses a threat to peace and security in the world.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123604136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article deals with the study of the latest challenges for the institute of international commercial arbitration in connection with the pandemic of coronavirus infection COVID-19 and to the study of the impact of the concomitant introduction of digitalization tools at different stages of arbitration. Special attention is paid to establishing the reasons for the smaller negative impact of the pandemic on the institutions of alternative dispute resolution compared to the system of state justice. The paper proves that at the level of arbitration institutions there is a coordinated and balanced response to the challenges of the pandemic, which is expressed in the assurance of business and, consequently, potential parties in the dispute, in continuing the proper functioning of the institution and its administration even in the latest conditions, and in the development of guidelines and similar documents, the implementation of virtual arbitration practices. The measures taken by the leading arbitration institution of Ukraine — ICAC at the Ukrainian CCI in response to quarantine restrictions were identified, and the prospects for further development of international commercial arbitration in Ukraine and the world in the coming years were analysed. The author summarizes that the analysis of innovations and prospects studied in scientific work regarding the further evolution of digitalization tools in the arbitration process, allows us to agree with the forecasts proposed in the report of ICAC at the Ukrainian CCI for 2020. At the same time, it is possible to add that already introduced mechanisms, such as document-only production, fast-track arbitration, Med-Arb, etc., will be more widely used in the practice of international commercial arbitration. It is further argued that even after the end of the COVID-19 pandemic, the changes it has brought and the virtualization and digitalization of the arbitration process will not lose popularity and become firmly entrenched in international commercial arbitration, reforming the institution to integrate modern technological progress realities at all stages of arbitration.
{"title":"The Influence of Quarantine COVID-Restrictions Related and Policy of Digitalization on Dispute Resolution via International Commercial Arbitration","authors":"V. Nahnybida","doi":"10.37491/unz.84.1","DOIUrl":"https://doi.org/10.37491/unz.84.1","url":null,"abstract":"The article deals with the study of the latest challenges for the institute of international commercial arbitration in connection with the pandemic of coronavirus infection COVID-19 and to the study of the impact of the concomitant introduction of digitalization tools at different stages of arbitration. Special attention is paid to establishing the reasons for the smaller negative impact of the pandemic on the institutions of alternative dispute resolution compared to the system of state justice. The paper proves that at the level of arbitration institutions there is a coordinated and balanced response to the challenges of the pandemic, which is expressed in the assurance of business and, consequently, potential parties in the dispute, in continuing the proper functioning of the institution and its administration even in the latest conditions, and in the development of guidelines and similar documents, the implementation of virtual arbitration practices. The measures taken by the leading arbitration institution of Ukraine — ICAC at the Ukrainian CCI in response to quarantine restrictions were identified, and the prospects for further development of international commercial arbitration in Ukraine and the world in the coming years were analysed. The author summarizes that the analysis of innovations and prospects studied in scientific work regarding the further evolution of digitalization tools in the arbitration process, allows us to agree with the forecasts proposed in the report of ICAC at the Ukrainian CCI for 2020. At the same time, it is possible to add that already introduced mechanisms, such as document-only production, fast-track arbitration, Med-Arb, etc., will be more widely used in the practice of international commercial arbitration. It is further argued that even after the end of the COVID-19 pandemic, the changes it has brought and the virtualization and digitalization of the arbitration process will not lose popularity and become firmly entrenched in international commercial arbitration, reforming the institution to integrate modern technological progress realities at all stages of arbitration.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124749328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article indicates that the norms of international treaties can be a legal basis for making decisions in the course of criminal procedural activities, serve as a message in the formation and formulation of a legal position by participants in criminal proceedings. The absence of general regulation of the rules of interaction between the criminal procedure law and international treaties of the Republic of Belarus was established. Attention is drawn to the fact that a self-executing international treaty, permitted for application on the territory of Belarus by an internal legal act, is included in the system of sources of criminal procedural law of the Republic of Belarus. The norms of such an international treaty can be applied in the course of criminal proceedings, acting practically as special in relation to the rules of the Belarusian legislation. The text of the Criminal Procedure Code of Belarus contains a number of norms referring to international treaties regulating certain specific issues. Several varieties of such partial references have been identified. The article reveals a range of international treaties, that should by mandatory applicable within criminal proceedings due to explicit reference in the Criminal Procedure Code of Belarus (defining human rights and freedoms; containing norms on the procedure for providing international legal assistance in criminal matters; regulating civil proceedings). Other international treaties have been identified, which in their essence can be applied within criminal proceedings in Belarus, and sometimes their norms can replace the corresponding national criminal procedural norms. The need to take into account the norms of consular conventions which contain criminal procedural norms (for example, on the right of a detainee to consular assistance) was especially noted. Due to the lack of a general reference to international treaties in the Criminal Procedure Code of Belarus, based on the principle of pacta sunt servanda, it is indicated that there is an unacceptable legislative encumbrance on the application of such treaties. In the course of the research, general conditions for the applicability of an international treaty within the criminal proceedings of the Republic of Belarus were formulated.
{"title":"Applicability of International Treaties in a Criminal Procedure: the Case of Belarus","authors":"V. Samaryn","doi":"10.37491/unz.84.11","DOIUrl":"https://doi.org/10.37491/unz.84.11","url":null,"abstract":"The article indicates that the norms of international treaties can be a legal basis for making decisions in the course of criminal procedural activities, serve as a message in the formation and formulation of a legal position by participants in criminal proceedings. The absence of general regulation of the rules of interaction between the criminal procedure law and international treaties of the Republic of Belarus was established. Attention is drawn to the fact that a self-executing international treaty, permitted for application on the territory of Belarus by an internal legal act, is included in the system of sources of criminal procedural law of the Republic of Belarus. The norms of such an international treaty can be applied in the course of criminal proceedings, acting practically as special in relation to the rules of the Belarusian legislation. The text of the Criminal Procedure Code of Belarus contains a number of norms referring to international treaties regulating certain specific issues. Several varieties of such partial references have been identified. The article reveals a range of international treaties, that should by mandatory applicable within criminal proceedings due to explicit reference in the Criminal Procedure Code of Belarus (defining human rights and freedoms; containing norms on the procedure for providing international legal assistance in criminal matters; regulating civil proceedings). Other international treaties have been identified, which in their essence can be applied within criminal proceedings in Belarus, and sometimes their norms can replace the corresponding national criminal procedural norms. The need to take into account the norms of consular conventions which contain criminal procedural norms (for example, on the right of a detainee to consular assistance) was especially noted. Due to the lack of a general reference to international treaties in the Criminal Procedure Code of Belarus, based on the principle of pacta sunt servanda, it is indicated that there is an unacceptable legislative encumbrance on the application of such treaties. In the course of the research, general conditions for the applicability of an international treaty within the criminal proceedings of the Republic of Belarus were formulated.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130097846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the issues of personal non-property rights of children that ensure their natural existence and social existence as Internet users. The peculiarities of the implementation of children as Internet users of certain personal non-property rights on the Internet are formulated. It is emphasized that children who are Internet users, as participants in civil law relations are endowed with almost all the rights that characterize the general legal status of participants in such relations. An analysis of the right to eliminate the danger that threatens the lives and health of children as Internet users. It is determined that the way to protect this right of the child on the Internet is the right to file complaints against other Internet users in order to terminate their accounts, if they directly violate the requirements. It is formulated that these principles form the basis in the using of all services and social networks. It has been determined that in this way the Internet user as a child has the perspective to protect himself/herself from harmful influences in future. The article considers the right to health care due to the need to extend to the Internet user the rules that determine the legal status of the patient. There are opportunities that legal representatives, as Internet users, have the right to do through online search for the required doctor, coordinate their application with the necessary results of laboratory tests, register online consultation or visiting specialist, choose a doctor within a specialization, to solve insurance issues related to the provision of medical care via the Internet. Analysis of the right to personal inviolability shows that the social status, age or nationality of the Internet user is not important for the Internet environment. Therefore, it is emphasized that the privacy policy and rules of use of the Internet are the constant and equal for all Internet users. The right to a safe environment for life and health states that any Internet user, including Internet users as children, has the right to accurate information about the environment, the quality of food and household items, as well as the right to collect them. and proliferation through the Internet. It is emphasized that the issues of practical exercise of the right to choose the type of occupation require significant changes in labour regulations. It is proved that modern inquiries and threats of global scale push Internet users to intensify the exchange of scientific and technical information to unite their efforts in solving certain scientific issues. In general, the exercise of children as Internet users of the right to freedom of literary, artistic, scientific and technical creativity requires a separate scientific study.
{"title":"Internet Network and Personal Non-Property Rights of Children","authors":"A. Dolińska","doi":"10.37491/unz.84.14","DOIUrl":"https://doi.org/10.37491/unz.84.14","url":null,"abstract":"The article is devoted to the issues of personal non-property rights of children that ensure their natural existence and social existence as Internet users. The peculiarities of the implementation of children as Internet users of certain personal non-property rights on the Internet are formulated. It is emphasized that children who are Internet users, as participants in civil law relations are endowed with almost all the rights that characterize the general legal status of participants in such relations. An analysis of the right to eliminate the danger that threatens the lives and health of children as Internet users. It is determined that the way to protect this right of the child on the Internet is the right to file complaints against other Internet users in order to terminate their accounts, if they directly violate the requirements. It is formulated that these principles form the basis in the using of all services and social networks. It has been determined that in this way the Internet user as a child has the perspective to protect himself/herself from harmful influences in future. The article considers the right to health care due to the need to extend to the Internet user the rules that determine the legal status of the patient. There are opportunities that legal representatives, as Internet users, have the right to do through online search for the required doctor, coordinate their application with the necessary results of laboratory tests, register online consultation or visiting specialist, choose a doctor within a specialization, to solve insurance issues related to the provision of medical care via the Internet. Analysis of the right to personal inviolability shows that the social status, age or nationality of the Internet user is not important for the Internet environment. Therefore, it is emphasized that the privacy policy and rules of use of the Internet are the constant and equal for all Internet users. The right to a safe environment for life and health states that any Internet user, including Internet users as children, has the right to accurate information about the environment, the quality of food and household items, as well as the right to collect them. and proliferation through the Internet. It is emphasized that the issues of practical exercise of the right to choose the type of occupation require significant changes in labour regulations. It is proved that modern inquiries and threats of global scale push Internet users to intensify the exchange of scientific and technical information to unite their efforts in solving certain scientific issues. In general, the exercise of children as Internet users of the right to freedom of literary, artistic, scientific and technical creativity requires a separate scientific study.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123703228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article examines the process of reforming the institutional system of the European Union from the creation of the first Communities to the modern European Union. The main constituent acts of the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community have been studied and established. It is stated that in 1965, when the Merger Treaty was signed, the governing bodies of all the Communities were merged into joint institutions: The Commission, the Council, the Assembly and the Court of Justice. This common structure for the three different Communities is considered to be one of the main institutional changes of the European Union. The Maastricht, Amsterdam, Nice and Lisbon treaties are considered. Particular attention is paid to the analysis of the Lisbon Treaty of 2007, which introduced significant changes to the institutional system of the European Union. The EU Treaty identifies seven main institutions: The European Council, the Council of the European Union, the European Commission, the European Parliament, the Court of Justice of the European Union, the European Central Bank and the Accounting Chamber. It has been established that in the special institutional structure of the European Union, the European Council, which brings together leaders at national and EU level, sets broad EU priorities. Elected Members of the European Parliament represent European citizens in the European Parliament. The interests of the EU as a whole are defended by the European Commission, which is an executive body. The members of the European Commission are appointed by national governments. Governments defend their country’s national interests in the Council of the European Union. It is determined that within the European Union the bicameral legislature is the Council of the European Union and the European Parliament. The EU Court of Justice, which is the EU’s highest court, regulates differences between EU Member States and the EU itself, between institutions and upholds the rule of European law. It is established that the process of reforming the EU institutional system will continue.
{"title":"Reforming the Institutional System of the European Union under the Lisbon Treaty","authors":"A. Kiryk","doi":"10.37491/unz.84.15","DOIUrl":"https://doi.org/10.37491/unz.84.15","url":null,"abstract":"The article examines the process of reforming the institutional system of the European Union from the creation of the first Communities to the modern European Union. The main constituent acts of the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community have been studied and established. It is stated that in 1965, when the Merger Treaty was signed, the governing bodies of all the Communities were merged into joint institutions: The Commission, the Council, the Assembly and the Court of Justice. This common structure for the three different Communities is considered to be one of the main institutional changes of the European Union. The Maastricht, Amsterdam, Nice and Lisbon treaties are considered. Particular attention is paid to the analysis of the Lisbon Treaty of 2007, which introduced significant changes to the institutional system of the European Union. The EU Treaty identifies seven main institutions: The European Council, the Council of the European Union, the European Commission, the European Parliament, the Court of Justice of the European Union, the European Central Bank and the Accounting Chamber. It has been established that in the special institutional structure of the European Union, the European Council, which brings together leaders at national and EU level, sets broad EU priorities. Elected Members of the European Parliament represent European citizens in the European Parliament. The interests of the EU as a whole are defended by the European Commission, which is an executive body. The members of the European Commission are appointed by national governments. Governments defend their country’s national interests in the Council of the European Union. It is determined that within the European Union the bicameral legislature is the Council of the European Union and the European Parliament. The EU Court of Justice, which is the EU’s highest court, regulates differences between EU Member States and the EU itself, between institutions and upholds the rule of European law. It is established that the process of reforming the EU institutional system will continue.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123216552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Foreign economic activity is one of the components of the overall activities of each country. In the national legislation, the country highlights its special aspects and directions. Introduction of legal regulation of all types of foreign economic activity in Ukraine, including foreign trade, economic, scientific and technical cooperation, specialization and cooperation in the sphere of the production, science and technology, economic relations in the field of construction, transport, freight forwarding, insurance, settlement, credit and other banking operations, the provision of various services, took place through the adoption in 1991 of the Law «On Foreign Economic Activity». The article deals with the problem of increasing the influence of administrative bodies on state structures and methods of exercising state power. Administrative law determines the competence of state executive bodies, and also contains acts of public administration that have an impact on individuals. Emphasis is placed on the fact that Ukraine is in an active phase of transformation, when the legal framework is changing, new rules of operation are being established, and new international relations are being created. The Government’s position is to establish constructive cooperation with business, intensify investment policy, reform the mode of legal regulation of commodity property relations in Ukraine in connection with WTO accession and the near future of negotiations on a «deep» free trade zone between Ukraine and the EU. The role of legal levers in the context of economic reforms in Ukraine cannot be overestimated. But in fact, administrative and legal regulation requires reforming its model in the foreign economic sphere, in particular, a significant change in the ratio of public and private law interests. An important factor in this reform is the external factor, i.e. the already existing legal regulation of market relations, which operates successfully in economically developed countries. So, Ukraine has an alternative — either to borrow international experience or to go its own way of trial and error. The author analyzes the possibilities, features and limits of administrative influence in the sphere of the public administration of the foreign economic activity. The direct borrowing of European scientific experience without taking into account national specifics was critically assessed, and it was emphasized that a new ideology, new approaches in methods and means of adapting national legislation to EU legislation are needed to improve the efficiency of administrative and legal regulation. The facts when administrative acts arise outside the exercise of formal powers of the administrative bodies are investigated. Some administrative procedures that significantly affect the implementation of the foreign economic activity and the ability to protect Ukrainian industry from cheap and massive imports of goods are considered. Specific proposals have been made to differ
{"title":"Efficiency of Administrative and Legal Regulation of the Ukrainian Foreign Economic Activity in Modern Conditions","authors":"T. Korneva","doi":"10.37491/unz.84.7","DOIUrl":"https://doi.org/10.37491/unz.84.7","url":null,"abstract":"Foreign economic activity is one of the components of the overall activities of each country. In the national legislation, the country highlights its special aspects and directions. Introduction of legal regulation of all types of foreign economic activity in Ukraine, including foreign trade, economic, scientific and technical cooperation, specialization and cooperation in the sphere of the production, science and technology, economic relations in the field of construction, transport, freight forwarding, insurance, settlement, credit and other banking operations, the provision of various services, took place through the adoption in 1991 of the Law «On Foreign Economic Activity». The article deals with the problem of increasing the influence of administrative bodies on state structures and methods of exercising state power. Administrative law determines the competence of state executive bodies, and also contains acts of public administration that have an impact on individuals. Emphasis is placed on the fact that Ukraine is in an active phase of transformation, when the legal framework is changing, new rules of operation are being established, and new international relations are being created. The Government’s position is to establish constructive cooperation with business, intensify investment policy, reform the mode of legal regulation of commodity property relations in Ukraine in connection with WTO accession and the near future of negotiations on a «deep» free trade zone between Ukraine and the EU. The role of legal levers in the context of economic reforms in Ukraine cannot be overestimated. But in fact, administrative and legal regulation requires reforming its model in the foreign economic sphere, in particular, a significant change in the ratio of public and private law interests. An important factor in this reform is the external factor, i.e. the already existing legal regulation of market relations, which operates successfully in economically developed countries. So, Ukraine has an alternative — either to borrow international experience or to go its own way of trial and error. The author analyzes the possibilities, features and limits of administrative influence in the sphere of the public administration of the foreign economic activity. The direct borrowing of European scientific experience without taking into account national specifics was critically assessed, and it was emphasized that a new ideology, new approaches in methods and means of adapting national legislation to EU legislation are needed to improve the efficiency of administrative and legal regulation. The facts when administrative acts arise outside the exercise of formal powers of the administrative bodies are investigated. Some administrative procedures that significantly affect the implementation of the foreign economic activity and the ability to protect Ukrainian industry from cheap and massive imports of goods are considered. Specific proposals have been made to differ","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117343502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The current state of international legal regulation of relations of renewable energy is considered, the need to analyse the dynamics of the formation of rules of conduct of states, which are enshrined in various sources, including those enshrined in Art. 38 of the Charter of the International Court of Justice, as well as a significant array of rules, which international law has been called «soft law». It is shown that in the domestic doctrine of international law is quite a common to view that the main sources of so-called «soft law» are resolved of intergovernmental organizations of the UN system and its offices, especially the UN General Assembly, political acts of regional conferences, and organizations, others international acts adopted by states, intergovernmental organizations, which are not legal but moral and political in nature. The process of formation of the international regulatory framework in the field of renewable energy is analysed, which shows that the development of international policy and «soft law» in this area has gone through four conditional stages: the formation of general principles of cooperation; introduction of the concept of sustainable development in the international legal environment; recognition of energy as a component of sustainable development; launch of the UN Sustainable Energy for All initiative. It is noted that despite all efforts, the share of new and renewable energy sources in the global energy balance remains extremely low. Referring to this fact, the General Assembly calls for measures to be taken to ensure the cost-effective use of such types of energy. It is noted that in the array of norms of international law, which directly or indirectly relate to the field of renewable energy, the vast majority is a set of rules of «soft law». It is shown that the world powers seek to cooperate through the work of specialized international organizations that are designed to introduce the production of renewable energy sources. The focus is on the International Renewable Energy Agency (IRENA), the establishment of which is, of course, a necessary way to implement renewable energy. Because the recommendatory nature of these international organizations does not contribute to the positive purpose of such cooperation. In order to unify the international legal regulation of renewable energy, it is necessary to develop a common international legal framework in this area with mandatory compliance with the legal norms of all participants.
{"title":"International Legal Regulation of Cooperation of States in the Field of Renewable Energy","authors":"Y. Prysiazhniuk","doi":"10.37491/unz.84.16","DOIUrl":"https://doi.org/10.37491/unz.84.16","url":null,"abstract":"The current state of international legal regulation of relations of renewable energy is considered, the need to analyse the dynamics of the formation of rules of conduct of states, which are enshrined in various sources, including those enshrined in Art. 38 of the Charter of the International Court of Justice, as well as a significant array of rules, which international law has been called «soft law». It is shown that in the domestic doctrine of international law is quite a common to view that the main sources of so-called «soft law» are resolved of intergovernmental organizations of the UN system and its offices, especially the UN General Assembly, political acts of regional conferences, and organizations, others international acts adopted by states, intergovernmental organizations, which are not legal but moral and political in nature. The process of formation of the international regulatory framework in the field of renewable energy is analysed, which shows that the development of international policy and «soft law» in this area has gone through four conditional stages: the formation of general principles of cooperation; introduction of the concept of sustainable development in the international legal environment; recognition of energy as a component of sustainable development; launch of the UN Sustainable Energy for All initiative. It is noted that despite all efforts, the share of new and renewable energy sources in the global energy balance remains extremely low. Referring to this fact, the General Assembly calls for measures to be taken to ensure the cost-effective use of such types of energy. It is noted that in the array of norms of international law, which directly or indirectly relate to the field of renewable energy, the vast majority is a set of rules of «soft law». It is shown that the world powers seek to cooperate through the work of specialized international organizations that are designed to introduce the production of renewable energy sources. The focus is on the International Renewable Energy Agency (IRENA), the establishment of which is, of course, a necessary way to implement renewable energy. Because the recommendatory nature of these international organizations does not contribute to the positive purpose of such cooperation. In order to unify the international legal regulation of renewable energy, it is necessary to develop a common international legal framework in this area with mandatory compliance with the legal norms of all participants.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116552670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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