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Improvement of tools for the activity of local public administration bodies in the context of European integration 在欧洲一体化背景下改进地方公共行政机构的活动工具
Pub Date : 2023-10-31 DOI: 10.37634/efp.2023.10.14
Viktoriia Moroz
In the paper, a study of the definition of the concept of tools of local public administration bodies, their types and directions of improvement in the context of European integration was carried out. In particular, the author notes in the paper that the tools of public administration bodies are those actions they take with the purpose of legal regulation of legal relations with their participation, with the aim of regulating them or influencing the participants of such legal relations, ensuring compliance with the rights and interests of the participants of legal relations and the state ( or other public entity) as a whole (forms of public administration), legal means (techniques) that are used (methods of public administration); the concept of "tools of activity of public administration bodies" covers the regulation of administrative legal relations of an external nature. The instruments of activity of local bodies of public administration can be normative legal acts (in the form of orders of heads of local state administrations (including military administrations), orders of heads of territorial communities, decisions of local councils and their executive committees), acts of a programmatic nature (including social programs - economic and cultural development of the community, district, region, target programs on other issues), orders and decisions of an individual nature (including regarding the implementation of administrative-procedural and administrative-delict powers. On the basis of the conducted scientific research, the author came to the conclusion that in order to improve the tools of local public administration bodies in the context of European integration, the practice of concluding administrative contracts by them should be expanded, including regarding the cooperation of public administration subjects and public authority subjects, who, on the one hand, do not belong to the executive branch of state power, and on the other hand, can participate in the implementation of state programs at their own request.
本文对欧洲一体化背景下地方公共行政机构工具概念的定义、类型和改进方向进行了研究。作者在论文中特别指出,公共行政机构的工具是指公共行政机构为了对其参与的法律关系进行法律调节而采取的行动,其目的是调节这些法律关系或影响这些法律关系的参与者,确保遵守法律关系参与者和国家(或其他公共实体)作为一个整体的权利和利益(公共行政的形式),所使用的法律手段(技术)(公共行政的方法);"公共行政机构活动工具 "的概念涵盖了对外部性质的行政法律关系的调节。地方公共行政机构的活动手段可以是规范性法令(形式包括地方国家行政机构(包括军事行政机构)负责人的命令、地方社区负责人的命令、地方议会及其执行委员会的决定)、计划性法令(包括社会计划--社区、地区、区域的经济和文化发展、关于其他问题的目标计划)、个人性质的命令和决定(包括关于执行行政程序和行政法令权力的命令和决定)。根据所进行的科学研究,作者得出结论,为了在欧洲一体化背景下改进地方公共行政机构的工具,应扩大其签订行政合同的做法,包括关于公共行政主体和公共权力主体的合作,这些主体一方面不属于国家权力的执行部门,另一方面可以根据自己的要求参与国家方案的实施。
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引用次数: 0
Development of innovative financial instruments and their impact on global financial markets 创新金融工具的开发及其对全球金融市场的影响
Pub Date : 2023-10-31 DOI: 10.37634/efp.2023.10.17
Tetiana Sunduk, Olena Ivashko, Alla Chornovol
Today, global financial markets play a key role in improving the efficiency of the global economic system, as they facilitate the rapid redistribution of financial resources at the global level and help direct investments to certain regions and types of economic activity. The purpose of the paper is to study the development of innovative financial instruments and determine their impact on global financial markets. According to this goal, the study has the following tasks: to reveal the essence and components of the global financial market, to determine their role in global financial markets, to develop a classification of innovative financial instruments traded in the financial market, and to propose a periodization of the development of innovative financial instruments. The study was conducted using general scientific methods of cognition. A critical analysis of scientific papers and other sources related to the development of innovative financial instruments and their impact on global financial markets was conducted. Inductive and deductive methods were used to systematize innovative financial instruments in the economic environment over a certain period. Data from various sources were summarized, classified and analyzed to identify patterns of development of innovative financial instruments. The study addresses the relevance of the topic through a number of specific issues, namely: the relationship between financial instruments and the competitiveness of enterprises in financial markets, the development of modern financial technologies, and global financial integration. The object of the study is the global financial market, which operates under conditions of uncertainty and variability. The subject of the study is innovative financial instruments traded in global financial markets. It has been determined that the current economic literature is full of theoretical and empirical data proving that the introduction of innovations in the financial sector has a positive impact on the dynamics of financial markets. It has also been determined that there is some confusion as to which instruments should be classified as "innovative" financial instruments. The study developed a classification of types of innovative financial instruments and offered its own view on the stages of development and formation of innovative financial instruments.
如今,全球金融市场在提高全球经济体系的效率方面发挥着关键作用,因为它们促进了金融资源在全球范围内的快速再分配,并有助于将投资引向某些地区和某些类型的经济活动。本文旨在研究创新金融工具的发展,并确定其对全球金融市场的影响。根据这一目标,本研究有以下任务:揭示全球金融市场的本质和组成部分,确定它们在全球金融市场中的作用,对金融市场上交易的创新金融工具进行分类,并提出创新金融工具发展的时期划分。研究采用了一般的科学认知方法。对与创新金融工具的发展及其对全球金融市场的影响有关的科学论文和其他资料进行了批判性分析。采用归纳和演绎的方法对一定时期内经济环境中的创新金融工具进行了系统化分析。对各种来源的数据进行了汇总、分类和分析,以确定创新金融工具的发展模式。本研究通过若干具体问题来探讨本课题的现实意义,即:金融工具与企业在金融市场上的竞争力之间的关系、现代金融技术的发展以及全球金融一体化。研究对象是在不确定性和多变性条件下运行的全球金融市场。研究对象是在全球金融市场上交易的创新金融工具。研究发现,目前的经济文献中有大量理论和实证数据证明,在金融领域引入创新会对金融市场的动态产生积极影响。研究还发现,在哪些工具应被归类为 "创新 "金融工具的问题上存在一些混淆。本研究对创新金融工具的类型进行了分类,并对创新金融工具的发展和形成阶段提出了自己的看法。
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引用次数: 0
Legal regulation of land parcel normative monetary valuation approval by local self-government authorities 地方自治当局批准地块规范货币估值的法律规定
Pub Date : 2023-10-31 DOI: 10.37634/efp.2023.10.15
A. Moskalenko, Mariia Khomenko
Introduction. In this paper, the legal nature of decisions made by local self-government authorities regarding the approval of technical documentation for normative monetary land valuation is analyzed. The recognition of these decisions as regulatory legal acts has been a complex issue, resulting in numerous disputes within the Ukrainian judiciary. The aim of this analysis is to enhance understanding and offer guidance on the implementation of these decisions within a legal framework. The purpose of the paper is to assess the legal standing of determinations issued by local self-governing bodies when it comes to the approval of normative monetary land assessments. We aim to determine whether such decisions can be considered regulatory legal acts and how this affects the economic and administrative relations between public administration entities and business entities. Results. During the analysis, key aspects of law as a societal phenomenon, legal norms, normative legal acts, and their history of emergence were thoroughly examined. Technical documentation related to normative monetary land valuation was also extensively explored. Particular attention was given to the history of land appraisal instruments, demonstrating that the primary objective of these instruments has always been to establish the objective natural characteristics of land, upon which land fees are calculated. Conclusion. The results of this research clearly indicate that decisions made by local self-government authorities concerning the approval of normative monetary valuation do not qualify as regulatory legal acts. They do not include mandatory legal norms established by law and do not regulate economic or administrative relations between public administration entities and business entities. In practice, this means that business entities have the opportunity to reduce land fees payable to the local budget. The conclusions of this study, supported by legal doctrine and the practical contributions of legal professionals, can be a valuable addition to the field of land law science and practical activities within this realm.
导言。本文分析了地方自治当局就批准规范性货币土地估价技术文件所做决定的法律性质。将这些决定认定为规范性法律行为一直是一个复杂的问题,导致乌克兰司法机构内部出现了许多争议。本分析的目的是在法律框架内加强对执行这些决定的理解并提供指导。本文旨在评估地方自治机构在批准规范性货币土地评估时发布的决定的法律地位。我们旨在确定此类决定是否可被视为规范性法律行为,以及这将如何影响公共行政实体与商业实体之间的经济和行政关系。结果。在分析过程中,我们深入研究了作为社会现象的法律、法律规范、规范性法律行为及其产生历史的主要方面。此外,还广泛研究了与规范性货币土地估价相关的技术文献。对土地评估工具的历史给予了特别关注,表明这些工具的主要目标始终是确定土地的客观自然特征,并据此计算土地费用。结论。这项研究的结果清楚地表明,地方自治政府当局做出的关于批准规范性货币估价的决定不属于规范性法律行为。它们不包括法律规定的强制性法律规范,也不规范公共行政实体与商业实体之间的经济或行政关系。在实践中,这意味着企业实体有机会减少应向地方预算支付的土地费用。本研究的结论得到了法学理论和法律专业人士的实际贡献的支持,可以为土地法科学领域和这一领域的实践活动提供宝贵的补充。
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引用次数: 0
Economic recovery of Ukraine in the context of termination of business regulation during martial law in the country 乌克兰在戒严令期间商业管制终止的背景下的经济复苏
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.3
S. Lysenko, O. Ashcheulova, Yuliia Holovnia
The paper is devoted to the study of the peculiarities of the economic recovery of Ukraine in the context of business regulation during the state of martial law in the country; determination of the economic consequences of Russian aggression for Ukraine; analysis of the effectiveness and efficiency of the new Marshall Plan, which is being developed specifically for the economic recovery of the state and the role of partner states in the further economic support of Ukraine. For the first time, the stages that must be applied by Ukraine and the partner states for the recovery process have been analyzed. It is noted that a sequential approach with a gradual increase in activity should be used for the recovery process, which should have four stages: aid, reconstruction, modernization and accession to the EU. The amount of investment needed to rebuild Ukraine is still unclear due to the continuation of the war. According to preliminary estimates, the cost of restoring the damaged Ukrainian infrastructure is more than 100 billion dollars. Aid should include emergency relief and basic rehabilitation as the war continues. Reconstruction will involve a rapid response to the destruction caused by war after a ceasefire or settlement, focusing on infrastructure and mobilizing market mechanisms. The conclusions indicate that in the long term, flexible macroeconomic management will remain important for managing the reconstruction and maintaining the competitiveness of the economy. The development of a more effective taxation system will contribute to the stability of public finances. In the short term, maintaining macroeconomic stability in the face of ongoing war and pressures related to the country’s defense will strengthen Ukraine’s defenses and provide a solid foundation for recovery.
本文致力于研究乌克兰在戒严期间商业监管背景下经济复苏的特殊性;确定俄罗斯侵略乌克兰的经济后果;分析了新马歇尔计划的效力和效率,该计划是专门为乌克兰的经济复苏而制定的,并分析了伙伴国在进一步向乌克兰提供经济支持方面的作用。首次分析了乌克兰和伙伴国在恢复过程中必须采用的阶段。委员会指出,恢复过程应采用循序渐进的办法,逐步增加活动,这一过程应分四个阶段:援助、重建、现代化和加入欧盟。由于战争仍在继续,重建乌克兰所需的投资数额尚不清楚。据初步估计,修复受损的乌克兰基础设施的费用超过1000亿美元。随着战争的继续,援助应包括紧急救济和基本重建。重建将涉及在停火或解决后对战争造成的破坏作出迅速反应,重点放在基础设施和调动市场机制上。结论表明,从长远来看,灵活的宏观经济管理对于管理重建和保持经济竞争力仍然很重要。发展更有效的税收制度将有助于公共财政的稳定。在短期内,面对持续的战争和与国家防务有关的压力,保持宏观经济稳定将加强乌克兰的防务,并为复苏提供坚实的基础。
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引用次数: 0
Reparations as a tool for holding the Russia responsible for war crimes committed on the territory of Ukraine 赔偿是让俄罗斯对在乌克兰领土上犯下的战争罪行负责的工具
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.7
U. Vatamaniuk-Zelinska, Viktoriia Pavlyshyna
Introduction. The actions of the Russian Federation on the territory of Ukraine grossly violate the principles and norms of international law. Taking into account the fact that during the year it was not possible to settle the military conflict diplomatically, that is, based on the observance of the principles and norms of international law and the UN Charter, there is a need to assess the possibilities of Ukraine receiving reparations and to study this instrument of international justice from the point of view of holding the Russian Federation accountable for the military crimes committed on the territory of Ukraine.The purpose of the paper is to study the essence and features of reparations to Ukraine, as a tool to hold the Russian Federation accountable for the purpose of compensation for losses and damages for war crimes committed on the territory of Ukraine.Results. It was established that the compensation determined according to the principle of restitution cannot be limited only to the legally defined maximum amount of compensation or to any calculation that does not follow from a strict assessment of damages as a result of the military aggression of the Russian Federation. In the case of loss of life or infliction of bodily harm, torture, sexual violence, the operation of such a principle is problematic due to the fact that these crimes do not have a specific monetary definition. The direct losses of Ukraine, as well as the amount of additional costs for economic recovery and reconstruction, are analyzed, taking into account the perspective of Ukraine's integration into the European Union. The need to develop and implement a legitimate international mechanism that would provide compensation for the damages caused by Russia and be effective despite its categorical refusal to cooperate was argued.Conclusions. It is suggested that new agreements on reparations be regulated by international agreements. For Ukraine, this model of legal behavior is appropriate, because, thanks to the imposed sanctions, a significant number of assets of the Russian Federation are frozen, being under the control of foreign governments and, in the future, can be used to restore Ukraine as compensation for losses caused by military actions.The results of the study can be used in the process of forming a legal mechanism for compensation for losses, provided that war crimes on the territory of Ukraine are recognized as genocide of the Ukrainian people.
介绍。俄罗斯联邦在乌克兰领土上的行动严重违反了国际法的原则和准则。考虑到在这一年中不可能通过外交方式解决军事冲突,即根据遵守国际法和《联合国宪章》的原则和准则,有必要评估乌克兰获得赔偿的可能性,并从要求俄罗斯联邦对在乌克兰境内犯下的军事罪行负责的角度研究这一国际司法文书。本文的目的是研究对乌克兰赔偿的本质和特征,作为一种工具来追究俄罗斯联邦在乌克兰领土上犯下的战争罪行的损失和损害赔偿的责任。已经确定,根据恢复原则确定的赔偿不能仅限于法律规定的最高赔偿数额,也不能限于未经严格评估俄罗斯联邦军事侵略造成的损害的任何计算。在丧失生命或造成身体伤害、酷刑、性暴力的情况下,由于这些罪行没有具体的金钱定义,这种原则的运作是有问题的。考虑到乌克兰加入欧洲联盟的前景,分析了乌克兰的直接损失以及经济恢复和重建的额外费用数额。有必要发展和实施一个合法的国际机制,为俄罗斯造成的损害提供赔偿,并在俄罗斯明确拒绝合作的情况下有效。有人建议,新的赔偿协定应受国际协定的管制。对乌克兰来说,这种合法行为模式是合适的,因为由于实施了制裁,俄罗斯联邦的大量资产被冻结,处于外国政府的控制之下,未来可以用来恢复乌克兰,作为军事行动造成的损失的补偿。这项研究的结果可用于形成赔偿损失的法律机制,条件是承认乌克兰领土上的战争罪行是对乌克兰人民的种族灭绝。
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引用次数: 0
The concept and signs of anti-corruption expertise in public administration 公共行政中反腐败专业知识的概念和标志
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.12
Viktor Dasiuk
The paper is devoted to the essence of anti-corruption expertise in public administration. Scientific approaches to understanding the concept of «anti-corruption expertise» are considered. The author's definition of anti-corruption expertise in public administration is proposed as a public-authority activity of authorized subjects regarding the study of current normative legal acts and draft normative legal acts for the presence in them of corruptionogenic properties of norms that contribute or may contribute to the commission of corruption offenses or offenses related to related to corruption. It was established that anti-corruption expertise in public administration contributes to the identification and elimination of corruption-inducing factors in normative legal acts and drafts of normative legal acts in the field of activity of subjects of administrative legal relations. General and special features of anti-corruption examination in public administration are given. The general features of anti-corruption examination in public administration include the following: legal activity, carried out by a person or a group of persons, based on the norms of the law and subordinate legal acts, carried out on the basis of an officially approved research methodology, is a means of improving legal acts, based on the results of conducting a conclusion is made. The special features of anti-corruption examination in public administration include the following: the goal is to identify factors in current normative legal acts and draft normative legal acts that contribute or may contribute to the commission of corruption offenses or offenses related to corruption; subjects of the event (public authorities, natural persons, public associations, legal entities); the result is a normative legal act in which corruption-inducing factors are absent or minimized; expert conclusions are not retrospective, but prospective; is a means of preventing corruption.
本文致力于探讨公共行政中反腐败专业知识的本质。科学的方法来理解“反腐败专业知识”的概念被考虑。作者将公共行政领域的反腐败专业知识定义为授权主体的公共权力活动,研究当前的规范性法律行为,并起草规范性法律行为,因为其中存在有助于或可能有助于实施腐败犯罪或与腐败相关的犯罪的规范的腐败属性。经证实,公共行政领域的反腐败专门知识有助于在行政法律关系主体活动领域的规范性法律行为和规范性法律行为草案中查明和消除导致腐败的因素。论述了公共行政反腐败审查的一般特点和特点。公共行政反腐败审查的一般特征包括:法律活动,由一个人或一群人在法律规范和下属法律行为的基础上进行,在官方认可的研究方法的基础上进行,是一种改进法律行为的手段,根据进行的结果作出结论。公共行政领域反腐败审查的特点包括:目标是找出现行规范性法律行为和起草规范性法律行为中助长或可能助长腐败犯罪或与腐败有关的犯罪的因素;活动主体(公共当局、自然人、公共协会、法律实体);其结果是导致腐败因素缺失或最小化的规范性法律行为;专家结论不是回顾性的,而是前瞻性的;是防止腐败的一种手段。
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引用次数: 0
Problems of demining and the influence of military actions on the activities of business structures and the agricultural complex of Ukraine 排雷问题和军事行动对乌克兰商业结构和农业综合体活动的影响
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.4
Viktoriia Sotnyk, Viktoriia Mohylevska, T. Fedchuk
The paper is devoted to the analysis of mining problems of a large part of the country's territory. It highlights the impact of military operations on the agro-industrial complex and the activities of business structures. The dynamics of losses due to mining and conducting active hostilities are given. In addition, the problems of the process of demining territories in Ukraine and directions for their solution are highlighted in detail, in particular through the financing mechanism of environmental state targeted programs. According to the research of the Ukrainian Club of Agrarian Business, about 2 million hectares of fields remain in those areas that have been cleared of mines. This leads to economic costs. Thus, Ukraine loses about 800 million dollars every year due to idleness. It is also worth emphasizing the amount of damage to agricultural production and the agro-industrial complex caused by the war. According to analytical estimates of the National Bank of Ukraine, during the war, the economy loses about 50% of "unproduced" GDP. According to experts' estimates, Ukraine loses about 50 billion hryvnias every week, not including losses from destruction. The IMF estimates Ukraine's losses due to the invasion of the occupiers at 35% of GDP. A significant number of business structures of enterprises found themselves in areas where active hostilities are taking place and were forced to evacuate to safe regions or stopped working altogether. A promising task in this direction is the approval of new environmental state target programs in order to demine agricultural territories and use them for the purposes of agricultural production and the implementation of activities of business structures. This mechanism provides for various implementation tools, sources and methods of financing. The mechanism considered in the paper provides for the active cooperation of state customers, investors of state target programs and the public in the implementation of environmental state target programs.
这篇论文专门分析了该国大部分地区的采矿问题。它突出了军事行动对农工综合体和商业结构活动的影响。给出了由于采矿和进行积极敌对行动而造成的损失的动态。此外,详细强调了乌克兰境内排雷进程中的问题及其解决方向,特别是通过环境国家目标方案的融资机制。根据乌克兰农业企业俱乐部的研究,在已清除地雷的地区仍有大约200万公顷的田地。这导致了经济成本。因此,乌克兰每年因闲置而损失约8亿美元。同样值得强调的是,战争对农业生产和农工联合体造成的破坏程度。根据乌克兰国家银行(National Bank of Ukraine)的分析估计,在战争期间,乌克兰经济损失了约50%的“未生产”GDP。据专家估计,乌克兰每周损失约500亿格里夫纳,这还不包括破坏造成的损失。国际货币基金组织估计,由于占领者的入侵,乌克兰的损失占GDP的35%。许多企业的业务结构发现自己处于敌对行动频繁发生的地区,被迫撤离到安全区或完全停止工作。在这个方向上,一项有希望的任务是批准新的国家环境目标计划,以划定农业用地,并将其用于农业生产和商业结构活动的实施。这一机制规定了各种执行工具、资金来源和方法。本文所考虑的机制规定了国家客户、国家目标项目投资者和公众在环境国家目标项目实施中的积极合作。
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引用次数: 0
Features of the legal status of sports federations in Ukraine 乌克兰体育联合会法律地位的特点
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.22
Oksana Zalizko, V. Danylchenko
Introduction. Sport is an autonomous system that includes a huge array of various public sports organizations connected by complex relationships, the central place among which is occupied by sports federations. The purpose of the paper is to determine the specifics of the legal status and areas of activity of sports federations in Ukraine. Results. Results. The Law of Ukraine "On Physical Culture and Sports" provides for the delegation of powers for the development of the relevant sport, organization and holding of official international and all-Ukrainian sports competitions on the territory of Ukraine, etc. to public associations of physical culture and sports orientation. At the same time, it is difficult to talk about the complete autonomy of sports federations, since the sports federation, among other things, ensures cooperation with the structural units of local state administrations and local self-government bodies regarding the development of the respective sport; agrees with the Ministry, relevant local bodies of executive power and local self-government bodies on the issue of holding international sports competitions on the territory of Ukraine; implements and demands the same implementation from its members of the decisions of the Ministry, relevant contracts with local executive bodies in the field of physical culture and sports; submits a report on the use of budget funds in case of financial support from the state budget to a sports federation for the development of a sport, organization and holding of sports events; is obliged to submit a report to the Ministry on the state of implementation of the cooperation agreement, etc. every year. The peculiarity of the legal status of sports federations in various sports is that they can be created only as non-commercial organizations. At the same time, sports federations can independently or through legal entities created by them carry out entrepreneurial activities, if such activities are not their main activity and correspond to the purpose for which they were created and contribute to its achievement. Conclusion. The legal status of sports federations is hybrid. On the one hand, they are accountable to the central body of executive power - the Ministry of Youth and Sports of Ukraine, and on the other hand, they are autonomous and independently determine the directions of their activities, including: organization and holding of competitions; approval of internal documents and their implementation; implementation of the system of certification of clubs, coaches and other specialists in the field of sports; establishment of institutions, enterprises and organizations to achieve their statutory goals and objectives, participation in civil-law relations, acquisition of property and non-property rights; determination of the mechanism for resolving sports disputes.
介绍。体育是一个自治的系统,它包括大量的各种公共体育组织,这些组织通过复杂的关系联系在一起,其中体育联合会占据着中心地位。该文件的目的是确定乌克兰体育联合会的法律地位和活动领域的具体情况。结果。结果。乌克兰《体育文化和体育法》规定,将发展有关体育运动、在乌克兰领土上组织和举办官方国际和全乌克兰体育竞赛等方面的权力下放给公共体育文化和体育协会。与此同时,很难谈论体育联合会的完全自治,因为体育联合会除其他外,确保与地方国家行政机关和地方自治机构的结构单位就各自体育的发展进行合作;同意该部、有关地方行政权力机构和地方自治机构关于在乌克兰境内举行国际体育竞赛问题的意见;执行并要求其成员同样执行该部的决定以及与地方执行机构在体育和体育领域的有关合同;在国家预算资助体育联合会发展体育项目、组织和举办体育赛事的情况下,提交预算资金使用情况报告;有义务每年向商务部提交一份关于合作协议执行情况等的报告。体育联合会在各种体育运动中法律地位的特殊性在于它只能作为非商业组织创建。同时,体育联合会可以独立地或通过其设立的法人实体开展企业活动,如果这些活动不是其主要活动,但符合其成立的目的,并有助于实现其目的。结论。体育联合会的法律地位是混合的。一方面,他们对中央行政权力机构- -乌克兰青年和体育部负责,另一方面,他们是自主的,独立地决定其活动的方向,包括:组织和举办比赛;内部文件的批准和实施;对俱乐部、教练员和其他体育专业人员实行认证制度;为实现法定目的和宗旨而设立的机构、企业和组织,参与民事法律关系,取得财产和非财产权利;确定体育纠纷解决机制。
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引用次数: 0
Criminal responsibility for war crimes in the context of armed aggression against Ukraine 在武装侵略乌克兰的情况下,战争罪的刑事责任
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.1
P. Nazarenko, L. Baieva, A.V. Semeniuk-Prybaten
Introduction. Armed conflicts are one of the important problems of our time. They lead to social tension because the rights of not only military personnel, but also the civilian population are violated. At the international level, more and more attention is paid to such issues as war crimes during armed aggression. For Ukraine, the issue of criminal responsibility at the state and international level is relevant.The purpose of the paper is to analyze issues related to criminal responsibility for committing crimes during armed aggression in Ukraine.Results. War crimes during the armed aggression of Russia against Ukraine have been ongoing since 2014. However, with the beginning of a full-scale invasion, they acquired a systematic character. In international humanitarian law, a gross intentional violation of the laws and customs of war is considered a war crime. War crimes are one of the main crimes of international law. The four Geneva Conventions of August 12, 1949 and Additional Protocol I to them of June 8, 1977 oblige states to criminalize serious violations of international humanitarian law in their national legislation. Ukraine fulfills this requirement primarily by adding Article 438 "Violation of laws and customs of war" to the Criminal Code of Ukraine. The definition of criminal responsibility for committing war crimes is also contained in such an international act as the Rome Statute. The widest list of war crimes is enshrined in the Statute of the International Criminal Court, the so-called Rome Statute. The more discovered facts of war crimes in Ukraine appear in the public space, the more the term "genocide" sounds from various international bodies and public figures. The Verkhovna Rada also demanded that war crimes of the Russian Federation should be recognized as genocide against the Ukrainian people.Conclusions. For Ukraine, the problem of criminal responsibility for war crimes is and will be relevant. In the conditions of martial law, it is important that each such crime is discovered and investigated separately. After all, those who commit crimes against humanity should know that they cannot escape criminal responsibility. The specified features of war crimes will allow to distinguish them from other crimes in the future, and will allow to better specify and implement international criminal responsibility for their commission.
介绍。武装冲突是我们这个时代的重要问题之一。它们导致社会紧张,因为不仅军事人员的权利受到侵犯,而且平民的权利也受到侵犯。在国际上,武装侵略战争罪等问题越来越受到重视。对乌克兰来说,国家和国际一级的刑事责任问题是相关的。本文的目的是分析乌克兰武装侵略期间犯罪的刑事责任问题。自2014年以来,俄罗斯武装侵略乌克兰期间的战争罪一直在持续。然而,随着全面入侵的开始,他们获得了系统的特征。在国际人道主义法中,严重故意违反战争法和惯例的行为被视为战争罪。战争罪是国际法上的主要罪行之一。1949年8月12日签订的《日内瓦四公约》及其1977年6月8日签署的《第一附加议定书》要求各国在其国内立法中将严重违反国际人道主义法的行为定为刑事犯罪。乌克兰主要通过在乌克兰刑法中增加第438条“违反战争法律和惯例”来满足这一要求。犯下战争罪的刑事责任的定义也载于《罗马规约》这样的国际文件中。《国际刑事法院规约》,即所谓的《罗马规约》载列了最广泛的战争罪清单。在公共空间中发现的乌克兰战争罪行的事实越多,各种国际机构和公众人物就越喜欢用“种族灭绝”这个词。最高拉达还要求承认俄罗斯联邦的战争罪行是对乌克兰人民的种族灭绝。对乌克兰来说,战争罪行的刑事责任问题现在和将来都是相关的。在戒严令的条件下,重要的是要分别发现和调查每一种这样的罪行。毕竟,犯下危害人类罪的人应该知道,他们无法逃避刑事责任。战争罪的具体特征将使其在未来能够与其他罪行区分开来,并将使其能够更好地具体规定和执行其犯下的国际刑事责任。
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引用次数: 0
Fraudulent act: problems of legal application 欺诈行为:法律适用问题
Pub Date : 2023-07-28 DOI: 10.37634/efp.2023.7.5
O.P. Adamovych
Introduction. In recent years, in the national doctrine of civil law, as well as in the judicial practice of Ukraine, there has been an expansion of features of the invalid transactions, in particular, a relatively new concept of "fraudulent act" has appeared, as a transaction aimed to harm the creditor. The paper is devoted to study content of the concept of fraudulent acts and determination of their characteristic features, the consequences of invalidating such transactions. Attention is drawn to the fact that the lack of consolidation the concept of a fraudulent act in the regulatory acts of Ukraine leads to different approaches in the interpretation of the concept of fraudulent act, which is followed, first of all, in court decisions.The purpose of the paper is to research perspectives for development and improvement of legal regulations in the area of invalidating transactions, as well as to develop proposals regarding the implementation of the concept of a fraudulent act to the rules of the civil legislation of Ukraine.Results. Based on the analysis of numerous judical practices, the concept of a fraudulent act is formulated through the prism of the general principles of civil legislation and the limits of the exercise of civil rights. Also defined the main characteristic features of such transactions are defined. It is emphasized that fictitious and fraudulent transactions have common features, but they differ in their purpose and consequences. The pudlication argues that the main purpose of concluding a fraudulent act is to cause damage to the creditor and prevent enforcement of the debtor's property.Conclusion. The paper grounds necessity to consolidate the definition of a fraudulent act in the Ukrainian legislation and to form a united concept in legal approaches to determining the grounds for recognizing fraudulent acts as invalid.
介绍。近年来,在国家民法学说以及乌克兰司法实践中,无效交易的特征有所扩展,特别是出现了一个相对较新的概念“欺诈行为”,作为一种以损害债权人为目的的交易。本文致力于研究欺诈行为概念的内容及其特征的确定,以及使此类交易无效的后果。值得注意的是,乌克兰的监管行为中缺乏对欺诈行为概念的巩固,导致对欺诈行为概念的解释出现了不同的方法,首先是在法院判决中。本文的目的是研究发展和完善无效交易领域法律法规的观点,并就乌克兰民事立法规则中欺诈行为概念的实施提出建议。本文在分析众多司法实践的基础上,从民事立法的一般原则和民事权利行使的限制的角度出发,阐述了欺诈行为的概念。还定义了此类事务的主要特征特征。本文强调,虚假交易和欺诈交易具有共同的特点,但其目的和后果不同。该公告认为,认定欺诈行为的主要目的是对债权人造成损害,并阻止债务人财产的强制执行。本文认为有必要在乌克兰立法中巩固欺诈行为的定义,并在确定承认欺诈行为无效的理由的法律途径中形成统一的概念。
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引用次数: 0
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Economics. Finances. Law
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