Pub Date : 2022-09-23DOI: 10.37772/2518-1718-2022-3(39)-3
I. Borysov
Problem setting. In the conditions of the digital economy, the level of development of science and technology is a determining factor in the progress of society and a source of economic growth in Ukraine. Therefore, one of the priority tasks of modern state policy is the formation and ensuring the functioning of a stable innovative infrastructure. Target of research. To conduct an analysis of the current legislation in the field of innovation to identify the effectiveness of the influence of state regulation on the development of innovative infrastructure and its components in the conditions of Industry 4.0. Analysis of recent researches and publications. In the domestic scientific literature, among the representatives of both economic and legal sciences, in the conditions of qualitative changes in the world economy, the problem of the development of innovative infrastructure, its essence and history are dealt with, in particular, by such scientists as H. P. Klimova, I V. Podrez-Ryapolova, A. S. Samorodov, V. V. Maloyvan and others. Article’s main body. The article examines the prospects for the development of Ukraine’s innovative infrastructure in the conditions of the digital economy, and solves the problems of ensuring the effectiveness of its functioning. The current legislation of Ukraine in this area, international legal acts, scientific works have been analyzed, conclusions have been drawn that have both theoretical and practical significance regarding the outlined issue. It is noted that the infrastructure (production, social, urban, innovative, research, educational, information, etc.) in the market economy is traditionally considered as a specific system (subsystem) of interconnected institutions, the purpose of which is to create general conditions for the functioning of subjects in various spheres of economy. It was concluded that the innovative infrastructure of Ukraine consists of a set of enterprises, organizations, institutions, their associations, associations of any form of ownership, which provide services for the provision of innovative activities (financial, consulting, marketing, information and communication, legal, educational, etc.). The state must provide conditions for the development of the infrastructure of knowledge dissemination (patent organizations, research centers, communication links, open databases, etc.), organize an innovative structure of education and science, providing sufficient funding for these systems, and also direct its efforts to the development of human creative potential. At the same time, solving the problem of the competitiveness of scientific research and scientific and technical (experimental) development in modern conditions is impossible without the integration of the scientific and innovative system of Ukraine into the European Research Area – a system of programs and political instruments that unites the institutional environment of research and development of the states that are members
问题设置。在数字经济条件下,科学技术的发展水平是社会进步的决定性因素,也是乌克兰经济增长的源泉。因此,现代国家政策的优先任务之一是形成并确保稳定的创新基础设施的运作。研究目标。对创新领域的现行立法进行分析,以确定国家监管对工业4.0条件下创新基础设施及其组成部分发展的影响的有效性。分析最近的研究和出版物。在国内科学文献中,在经济学和法学的代表中,在世界经济质变的条件下,创新基础设施的发展问题,其本质和历史,特别是由H. P.克里莫娃,I . V. Podrez-Ryapolova, A. S. Samorodov, V. V. Maloyvan等科学家处理。文章的主体。本文探讨了乌克兰创新基础设施在数字经济条件下的发展前景,并解决了确保其运作有效性的问题。对乌克兰在这一领域的现行立法、国际法律行为、科学工作进行了分析,并就概述的问题得出了具有理论和实践意义的结论。需要指出的是,市场经济中的基础设施(生产、社会、城市、创新、研究、教育、信息等)传统上被认为是相互关联的机构的特定系统(子系统),其目的是为各个经济领域的主体的运作创造一般条件。结论是,乌克兰的创新基础设施由一系列企业、组织、机构、协会、任何形式的协会组成,这些协会为提供创新活动(金融、咨询、营销、信息和通信、法律、教育等)提供服务。国家必须为知识传播的基础设施(专利组织、研究中心、通信链接、开放数据库等)的发展提供条件,组织创新的教育和科学结构,为这些系统提供足够的资金,并努力开发人类的创造潜力。同时,如果不将乌克兰的科学和创新系统纳入欧洲研究区,解决现代条件下科学研究和科学技术(实验)发展的竞争力问题是不可能的-这是一个计划和政治工具系统,将欧盟成员国和关联成员国的研究和发展的制度环境结合起来,以发展为目的国际科技合作、知识自由转让、研究人员流动。结论及发展展望。综上所述,应该指出的是,在数字经济条件下,现代国家政策的优先任务之一是形成和确保稳定的创新基础设施的运作,特别是为研究基础设施系统的发展创造必要的组织,法律和财政条件,促进乌克兰的科学和创新系统与EDP的整合,发展“数字基础设施”,特别是电子基础设施,乌克兰加入欧盟单一数字市场,高等教育适应欧洲高等教育区。
{"title":"Prospects for the development of the innovative infrastructure of the country under the conditions of Industry 4.0","authors":"I. Borysov","doi":"10.37772/2518-1718-2022-3(39)-3","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-3(39)-3","url":null,"abstract":"Problem setting. In the conditions of the digital economy, the level of development of science and technology is a determining factor in the progress of society and a source of economic growth in Ukraine. Therefore, one of the priority tasks of modern state policy is the formation and ensuring the functioning of a stable innovative infrastructure. Target of research. To conduct an analysis of the current legislation in the field of innovation to identify the effectiveness of the influence of state regulation on the development of innovative infrastructure and its components in the conditions of Industry 4.0. Analysis of recent researches and publications. In the domestic scientific literature, among the representatives of both economic and legal sciences, in the conditions of qualitative changes in the world economy, the problem of the development of innovative infrastructure, its essence and history are dealt with, in particular, by such scientists as H. P. Klimova, I V. Podrez-Ryapolova, A. S. Samorodov, V. V. Maloyvan and others. Article’s main body. The article examines the prospects for the development of Ukraine’s innovative infrastructure in the conditions of the digital economy, and solves the problems of ensuring the effectiveness of its functioning. The current legislation of Ukraine in this area, international legal acts, scientific works have been analyzed, conclusions have been drawn that have both theoretical and practical significance regarding the outlined issue. It is noted that the infrastructure (production, social, urban, innovative, research, educational, information, etc.) in the market economy is traditionally considered as a specific system (subsystem) of interconnected institutions, the purpose of which is to create general conditions for the functioning of subjects in various spheres of economy. It was concluded that the innovative infrastructure of Ukraine consists of a set of enterprises, organizations, institutions, their associations, associations of any form of ownership, which provide services for the provision of innovative activities (financial, consulting, marketing, information and communication, legal, educational, etc.). The state must provide conditions for the development of the infrastructure of knowledge dissemination (patent organizations, research centers, communication links, open databases, etc.), organize an innovative structure of education and science, providing sufficient funding for these systems, and also direct its efforts to the development of human creative potential. At the same time, solving the problem of the competitiveness of scientific research and scientific and technical (experimental) development in modern conditions is impossible without the integration of the scientific and innovative system of Ukraine into the European Research Area – a system of programs and political instruments that unites the institutional environment of research and development of the states that are members ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115870620","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}
Pub Date : 2022-09-23DOI: 10.37772/2518-1718-2022-3(39)-5
Victoria Sheverdina
Problem setting. In any society, actions are committed that are illegal and, accordingly, require the use of coercive measures or, in other words, measures of responsibility. The field of labor relations is no exception. After all, responsibility acts as a guarantor of the mandatory performance of the parties to the employment relationship with their obligations and compliance with the norms of the current legislation. Despite thorough research, liability issues in labor law have not lost their relevance. Analysis of recent researches and publications. A significant number of dissertations, monographs and periodicals are devoted to the issue of specifics of responsibility in labor law. Among them, we can highlight the scientific achievements of V. S. Venediktov, O. M. Lukyanchikov, I. V. Lazor, O. I. Protsevskii, S. M. Prilypka, N. M. Khutoryan, G. I. Chanysheva, O. V. Cherkasov, V. I. Shcherbiny, O. M. Yaroshenko and many others. Target of research. Therefore, the purpose of this study is to find out what are the grounds of responsibility in labor law and what is necessary for their practical implementation. Article’s main body. The article clarifies what are the grounds of responsibility in labor law and what is necessary for their practical implementation. Regarding the issue of the basis of disciplinary responsibility, the following is stated: (a) the current labor legislation should be supplemented with provisions on the basis of bringing an employee to disciplinary responsibility and contain a definition of a disciplinary offense; (b) only a disciplinary offense can be the basis of disciplinary responsibility; (c) the legislation must establish without appeal that a disciplinary offense is a culpable act or omission. Regarding the issue of the basis of material responsibility, the following is stated: (a) the basis of material responsibility is a labor offense that manifests itself as illegal actions or inaction within the framework of a single complex labor relationship; (b) such actions are of an illegal nature and are the result of culpable failure to perform or improper performance of labor duties; (c) the subject of material responsibility can be exclusively the employee and the employer; (d) non-performance or improper performance of labor duties has a cause-and-effect relationship with the damage caused. Conclusions and prospects for the development. In general, characterizing the grounds of responsibility in labor law, it is stated that they are divided into normative and actual. Normative grounds are determined by legislation and are necessary for the practical implementation of responsibility in labor law. There are two types of actual grounds for liability in labor law: disciplinary misconduct; labor and property offence. The practical part of the implementation of responsibility consists in imposing responsibility on the violator exclusively in the presence of the composition of a disciplinary offense or the composition of a lab
问题设置。在任何社会中,都有非法的行为,因此需要使用强制措施,换句话说,就是责任措施。劳资关系领域也不例外。毕竟,责任是雇佣关系当事人强制履行其义务和遵守现行立法规范的保证。尽管研究深入,但劳动法中的责任问题并没有失去其相关性。分析最近的研究和出版物。大量的论文、专著和期刊都致力于劳动法中责任的具体问题。其中,我们可以重点介绍V. S. Venediktov, O. M. Lukyanchikov, I. V. Lazor, O. I. Protsevskii, S. M. Prilypka, N. M. Khutoryan, G. I. Chanysheva, O. V. Cherkasov, V. I. Shcherbiny, O. M. Yaroshenko等人的科学成就。研究目标。因此,本研究的目的是找出劳动法律中责任的依据是什么,以及它们在实际实施中需要什么。文章的主体。本文阐明了劳动法中责任的依据及其实施的必要条件。关于纪律责任的基础问题,有如下说明:(a)现行的劳工立法应补充有关使雇员承担纪律责任的规定,并包括对违纪行为的定义;(b)只有违纪行为才可作为纪律责任的依据;(c)立法必须不得上诉地确定违纪行为是应受谴责的作为或不作为。关于物质责任基础问题,有如下表述:(a)物质责任基础是在单一复杂劳动关系框架内表现为违法行为或不作为的劳动违法行为;(二)该行为属于非法性质,是由于不履行劳动义务或不适当履行劳动义务造成的;(c)重大责任的主体可以仅是雇员和雇主;(四)不履行或者不当履行劳动义务与造成的损害有因果关系的。结论及发展展望。一般来说,对劳动法中责任依据的特征,分为规范性依据和实际依据。规范性依据由立法确定,是实际执行劳动法责任所必需的。在劳动法中有两种实际的责任理由:违纪行为;劳动和财产罪。责任实施的实际部分在于,只在构成纪律犯罪或构成劳动财产犯罪的情况下,才对违法者施加责任。雇员可以是违纪犯罪和劳动财产犯罪的主体,而雇主只能是劳动财产犯罪的主体。就其本质而言,劳动违法行为是不履行或不当履行劳动义务,证明其只存在于单一的复杂劳动关系中。
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Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-4
A. Liubchych, Illia Mamaiev
Problem setting. The construction of an innovation society and ensuring the competitiveness of domestic science depends largely on the effective activity of research infrastructures. In turn, research infrastructures depend on their information support, as information is one of the most valuable resources in the modern world. Analysis of recent researches and publications. Innovative infrastructures were investigated in the works of such domestic scientists as S. V. Hlibko, I. V. Podrez-Riapolova and others. Research infrastructure was considered by N. M. Vnukova, O. V. Holovashchenko, V. P. Kokhan. H. P. Klimova investigated the issue of knowledge transfer in innovative infrastructures. Among the foreign scientists who have studied research infrastructure, you can mention M. Stührenberg, O. Schonefeld, A. Witt, F. Giladi and others. Target of research. The purpose of the article is to identify legal and organizational obstacles that interfere with the rational use of data, as well as to determine the means of eliminating them for establishing effective information support of research infrastructures. Article’s main body. Effective activity of research infrastructures is possible solely if their information support is available. In turn, obtaining access to information and its circulation are faced with a number of legal and organizational problems. Legal problems include: 1) copyright issues that are quite inconsistent in different countries and requires special approaches; 2) issues of protection of personal data; 3) issues of behavior of Internet giants; 4) issues of international scientific cooperation under a single agreed legislation. Organizational problems include: 1) the issue of irrational use of data through their localization, stagnation and «dying» in one place; 2) issues of implementation of fair-principles of data management; 3) questions of standardization of data for the machine processing; 4) issues of construction of centralized data infrastructure. Conclusions and prospects for the development. Researchers who work with personal data of EU citizens should pay attention to the peculiarities of protection of personal data defined by General Data Protection Regulation, Regulation No. 1725/2018 and other acts. The specifics of copyright rules at the level of individual national legislation should also be taken into account. One of the significant obstacles to the free receipt of large and useful arrays of information is the behavior of Internet giants, which complicate its free circulation on the basis of “protection of personal data”. In connection with this domestic legislators, it is advisable to draw a clear boundary between «personal», «non -personal», «mixed», «anonymized» and «pseudonymized» data. For more efficient development of national research infrastructures, Ukraine should increase international cooperation, in particular on ERIC projects and integration into the European Research Area. In order to prevent irrational
问题设置。建设创新型社会,确保国内科学竞争力,在很大程度上取决于科研基础设施的有效活动。反过来,研究基础设施依赖于它们的信息支持,因为信息是现代世界中最宝贵的资源之一。分析最近的研究和出版物。国内科学家S. V. Hlibko, I. V. Podrez-Riapolova等人的工作对创新基础设施进行了研究。研究基础设施由N. M. Vnukova, O. V. Holovashchenko, V. P. Kokhan考虑。H. P. Klimova研究了创新基础设施中的知识转移问题。在研究研究基础设施的外国科学家中,你可以提到M. st hrenberg, O. Schonefeld, A. Witt, F. Giladi等人。研究目标。本文的目的是确定干扰数据合理使用的法律和组织障碍,并确定消除这些障碍的方法,以便为研究基础设施建立有效的信息支持。文章的主体。只有在有资料支持的情况下,研究基础设施才有可能有效地开展活动。反过来,获取信息及其流通也面临着一些法律和组织问题。法律问题包括:1)版权问题在不同的国家是相当不一致的,需要特殊的方法;2)个人数据保护问题;3)互联网巨头的行为问题;4)在单一商定立法下的国际科学合作问题。组织问题包括:1)通过数据本地化、停滞和在一个地方“死亡”而不合理使用数据的问题;2)数据管理公平原则的实施问题;3)机器加工数据的标准化问题;4)集中式数据基础设施建设问题。结论及发展展望。研究欧盟公民个人数据的研究人员应注意《通用数据保护条例》、《第1725/2018号条例》和其他法案所定义的个人数据保护的特殊性。还应考虑到个别国家立法一级版权规则的具体情况。大量有用信息的自由接收面临的重要障碍之一是互联网巨头的行为,它们在“保护个人数据”的基础上使信息的自由流通复杂化。针对这一点,国内立法者建议在“个人”、“非个人”、“混合”、“匿名”和“假名”数据之间划出明确的界限。为了更有效地发展国家研究基础设施,乌克兰应加强国际合作,特别是在欧共体项目和融入欧洲研究区方面。为了防止信息的不合理利用,必须提倡数据管理的fair原则(可查找、可访问、可互操作、可重用),并重视科学数据处理机器的标准化。建议建立一个集中的数据基础设施,它将能够确保这些谴责的实际执行,并使数据的积累和流通合理化。
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Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-8
Mushfik Damirchiev
Problem setting. An analysis of the constitutional principles of legal regulation of tax relations is carried out and the main features of such principles at the present stage of development of public relations in Ukraine and other countries are determined. It is established that the numerous changes that are constantly made to the content and individual provisions of the main sources of tax legislation of Ukraine, especially the Tax Code of Ukraine, are balanced by the fundamental importance and role of constitutional foundations of taxation, enshrined in the Basic Law of Ukraine. Target of research. The purpose of the article is to analyze on the basis of general scientific and special methods of scientific knowledge of the constitutional principles of legal regulation of tax relations, determination of the main features of these principles at the present stage of development of public relations in Ukraine and other countries. Article’s main body. It is pointed out that along with the development of tax relations and the increase in tax revenues of budgets, there was an awareness of the need to consolidate the tax duty among the system of basic constitutional duties of the individual. It is stated that establishing of the basic tax duty of taxpayers at the constitutional level took place in the form of the constitutional principle of universality of taxation. It is emphasized that the constitutional principle of universality of taxation has certain legal limits determined by the principle of the rule of law. It is demonstrated that the direct manifestation of defining the limits of the principle of universality of taxation at the constitutional level is consolidation in constitutional law rules the legality of the establishment, as well as full or partial prevention of retroactive effect of the tax mechanism in cases where it worsens the situation of taxpayers. Conclusions and prospects for the development. It is stated that simultaneously with the principle of universality of taxation, that is directly enshrined in the Constitution of Ukraine, the indirectly enshrined constitutional principle of equality of taxation is derived from the provisions determining equal legal protection of all forms of property. It is emphasized that the content of the principle of equality in taxation provides the same attitude to taxpayers who have a similar economic situation, and differentiated attitude to taxpayers with different economic situation. It is concluded that the principle of equality of taxation by its economic nature harmonizes the principle of universality of taxation, helping to reconcile divergent public and private interests in tax relations and thus promote their development, increase the efficiency of national tax systems.
{"title":"Constitutional basis of legal regulation of tax relations: modern view and significance","authors":"Mushfik Damirchiev","doi":"10.37772/2518-1718-2022-2(38)-8","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-8","url":null,"abstract":"Problem setting. An analysis of the constitutional principles of legal regulation of tax relations is carried out and the main features of such principles at the present stage of development of public relations in Ukraine and other countries are determined. It is established that the numerous changes that are constantly made to the content and individual provisions of the main sources of tax legislation of Ukraine, especially the Tax Code of Ukraine, are balanced by the fundamental importance and role of constitutional foundations of taxation, enshrined in the Basic Law of Ukraine. Target of research. The purpose of the article is to analyze on the basis of general scientific and special methods of scientific knowledge of the constitutional principles of legal regulation of tax relations, determination of the main features of these principles at the present stage of development of public relations in Ukraine and other countries. Article’s main body. It is pointed out that along with the development of tax relations and the increase in tax revenues of budgets, there was an awareness of the need to consolidate the tax duty among the system of basic constitutional duties of the individual. It is stated that establishing of the basic tax duty of taxpayers at the constitutional level took place in the form of the constitutional principle of universality of taxation. It is emphasized that the constitutional principle of universality of taxation has certain legal limits determined by the principle of the rule of law. It is demonstrated that the direct manifestation of defining the limits of the principle of universality of taxation at the constitutional level is consolidation in constitutional law rules the legality of the establishment, as well as full or partial prevention of retroactive effect of the tax mechanism in cases where it worsens the situation of taxpayers. Conclusions and prospects for the development. It is stated that simultaneously with the principle of universality of taxation, that is directly enshrined in the Constitution of Ukraine, the indirectly enshrined constitutional principle of equality of taxation is derived from the provisions determining equal legal protection of all forms of property. It is emphasized that the content of the principle of equality in taxation provides the same attitude to taxpayers who have a similar economic situation, and differentiated attitude to taxpayers with different economic situation. It is concluded that the principle of equality of taxation by its economic nature harmonizes the principle of universality of taxation, helping to reconcile divergent public and private interests in tax relations and thus promote their development, increase the efficiency of national tax systems.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122561442","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}
Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-1
M. Khaustova
Problem setting. Digitalisation is one of the defining trends in human civilization, forming a more inclusive society and better governance, expanding access to health care, education and banking, improving the quality and coverage of public services, expanding the way people work together, and enabling people to benefit greater variety of goods at lower prices. The Covid-19 pandemic has demonstrated the importance and need for digital technologies for the well-being of the population and the development of economies. Today in Ukraine a large number of normative legal acts are being developed for the development of the digital economy, development concepts and programs are being adopted. However, the processes of digitalization of Ukrainian society have not yet been finalized and require further research and implementation of new tools and measures, in particular taking into account international legal practice in this area. Analysis of recent researches and publications. For a comprehensive understanding of the concept of digitalization and digital transformation should refer to the teachings of prominent domestic and foreign scholars. In this regard, among which are the studies of A. McAfee, S. Brennan, D. Kreiss, P. Weil, S. Warner, Yu. O. Nikitin, O. A. Burbelo, G. O. Tkachuk, G. G. Чмерук, В. Р. Kralich, I. A. Burlakova. Their research can be used as a basis for defining the concept of digital transformation. Target of the research. The purpose of the article is to systematize the concept of digitalization, to analyze the international experience in the field of digitalization of society for the introduction into the domestic legal system of positive legal experience in the regulation of digital relations; outline the ways and measures that are necessary for further work for the effective use of digitalization tools to improve economic and political relations in Ukraine. Article’s main body. The article analyzes national and international approaches to the nature and significance of digitalization, and the actions of states in the direction of further implementation of digitalization of society. It is determined that in the countries of the European Union the estimated indicator of the level of technological development and the degree of introduction of innovative technologies in the digital society is used – the DESI Index. It is emphasized that digitalization is not limited to the exclusive use of technology; it is characterized by a change in culture, integrated into all areas of work, and a transformation in the management of different teams. Domestic achievements that were formed under the influence of globalization processes and modern international legal practice in the field of digitalization are analyzed, namely, institutions established in Ukraine and adopted regulations in the field of digitalization of Ukrainian society. It is concluded that the state regulation of the development of the digital sector of society requires the for
问题设置。数字化是人类文明的决定性趋势之一,它将形成一个更具包容性的社会和更好的治理,扩大医疗、教育和银行服务的覆盖面,提高公共服务的质量和覆盖面,拓展人们的合作方式,使人们能够以更低的价格享受更多种类的商品。2019冠状病毒病大流行证明了数字技术对人民福祉和经济发展的重要性和必要性。今天,乌克兰正在制定大量规范性法律法案,以发展数字经济,制定发展理念和计划。然而,乌克兰社会的数字化进程尚未完成,需要进一步研究和实施新的工具和措施,特别是考虑到这一领域的国际法律实践。分析最近的研究和出版物。要全面理解数字化和数字化转型的概念,应参考国内外著名学者的教导。在这方面,其中有A. McAfee, S. Brennan, D. Kreiss, P. Weil, S. Warner, Yu。尼基丁o, o . a . Burbelo g . o . Tkachuk g . g .Чмерук,В。Р。克拉里奇,i.a.布拉科娃。他们的研究可以作为定义数字化转型概念的基础。研究的目标。本文的目的是对数字化概念进行系统化梳理,分析国际社会在数字化领域的经验,为我国法律体系引入规范数字关系的实证法律经验;概述有效利用数字化工具改善乌克兰经济和政治关系的进一步工作所需的方法和措施。文章的主体。本文分析了国内和国际上对数字化的性质和意义的看法,以及各国在进一步实施社会数字化方向上的行动。确定在欧盟国家中,使用了数字社会中技术发展水平和创新技术引入程度的估计指标- DESI指数。需要强调的是,数字化并不局限于技术的独家使用;它的特点是文化的变化,融入工作的所有领域,以及不同团队管理的转变。分析了在全球化进程和现代国际法律实践的影响下,乌克兰国内在数字化领域所取得的成就,即乌克兰社会在数字化领域所建立的机构和所采用的法规。结论是,国家对社会数字部门发展的监管需要制度、法律、经济、组织、社会心理和技术-技术机制的形成和行动,并为每个机制提供广泛的方法工具。结论及发展展望。因此,国家对社会数字部门的监管需要制度、法律、经济、组织、社会心理和技术技术机制的形成和运作,并为每个机制提供广泛的方法工具,全面和系统的应用将提高质量。产品的竞争力,可制造性,优化生产和销售流程;促进现有高科技产业的数字化转型,形成和积极发展新的高科技产业,这将共同确保乌克兰数字社会部门的动态和有效发展
{"title":"The concept of digitalization: national and international approaches","authors":"M. Khaustova","doi":"10.37772/2518-1718-2022-2(38)-1","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-1","url":null,"abstract":"Problem setting. Digitalisation is one of the defining trends in human civilization, forming a more inclusive society and better governance, expanding access to health care, education and banking, improving the quality and coverage of public services, expanding the way people work together, and enabling people to benefit greater variety of goods at lower prices. The Covid-19 pandemic has demonstrated the importance and need for digital technologies for the well-being of the population and the development of economies. Today in Ukraine a large number of normative legal acts are being developed for the development of the digital economy, development concepts and programs are being adopted. However, the processes of digitalization of Ukrainian society have not yet been finalized and require further research and implementation of new tools and measures, in particular taking into account international legal practice in this area. Analysis of recent researches and publications. For a comprehensive understanding of the concept of digitalization and digital transformation should refer to the teachings of prominent domestic and foreign scholars. In this regard, among which are the studies of A. McAfee, S. Brennan, D. Kreiss, P. Weil, S. Warner, Yu. O. Nikitin, O. A. Burbelo, G. O. Tkachuk, G. G. Чмерук, В. Р. Kralich, I. A. Burlakova. Their research can be used as a basis for defining the concept of digital transformation. Target of the research. The purpose of the article is to systematize the concept of digitalization, to analyze the international experience in the field of digitalization of society for the introduction into the domestic legal system of positive legal experience in the regulation of digital relations; outline the ways and measures that are necessary for further work for the effective use of digitalization tools to improve economic and political relations in Ukraine. Article’s main body. The article analyzes national and international approaches to the nature and significance of digitalization, and the actions of states in the direction of further implementation of digitalization of society. It is determined that in the countries of the European Union the estimated indicator of the level of technological development and the degree of introduction of innovative technologies in the digital society is used – the DESI Index. It is emphasized that digitalization is not limited to the exclusive use of technology; it is characterized by a change in culture, integrated into all areas of work, and a transformation in the management of different teams. Domestic achievements that were formed under the influence of globalization processes and modern international legal practice in the field of digitalization are analyzed, namely, institutions established in Ukraine and adopted regulations in the field of digitalization of Ukrainian society. It is concluded that the state regulation of the development of the digital sector of society requires the for","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126116864","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}
Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-5
O. Yaroshenko, Nataliya Vapnyarchuk
Problem setting. The transition to an innovative model of economic development of the country is impossible without creating conditions for safe, high-quality, efficient work with decent pay in various sectors of the economy, which contributes to the realization of human potential. The development of the latter is decisive for the further fate of the economic, political, social, spiritual spheres of life in Ukraine and the creation of conditions for its transition to an innovative model of the state system. The implementation of the Concept of Decent Work at all levels is a complex mechanism for solving the accumulated problems in the social and labor sphere of the country. Today, this is especially true of the scientific field related to intellectual activity. Target of research. Research of problematic issues of legal regulation of relations in the scientific sphere on decent working conditions for scientists and identification of ways to solve them. Analysis of recent researches and publications. The issue of decent work in Ukraine is to some extent covered in the scientific works of such scientists as LP Amelicheva, AV Vasylyk, L. Yu. Velychko, OO Gerasimenko, OD Gostyuk, O V. Zhadan, VV Zhernakov, Yu. Ivchuk, AM Kolot, TA Kolyada, SG Rudakova and others. At the same time, to date, there are no relevant comprehensive studies in the available scientific literature to ensure decent work of such subjects of labor law as scientists, as well as the legal mechanism for appropriate provision. Article’s main body. According to the Concept of the State Target Program for the Development of Research Infrastructures in Ukraine for the period up to 2026, approved by the order of the Cabinet of Ministers of Ukraine of April 14, 2021 № 322-r. One of the problems that needs to be solved is the unsatisfactory condition of the material and technical base of research infrastructures, the lack of decent working conditions for scientists and comfortable premises for their work. The scientific potential of human resources in Ukraine is high enough for research. At the same time, with the low level of material and technical base of scientific institutions and higher education institutions, the number of researchers in Ukraine has almost halved in recent years. The most active, creative scientists continue to leave the scientific sphere. Although scientific personnel and knowledge are fundamental factors in the sustainable development of scientific and technical potential of the state. Conclusions and prospects for the development. It is noted that the existence of the problems considered in the article is due not only to insufficient funding for science, although, of course, the economic factor is one of the main, but also imperfect legislation, lack of research infrastructure, lack of career opportunities, weak interaction with business, lack of government policies aimed at supporting the promotion of science and a number of other factors, which leads to the fact
问题设置。如果不为各个经济部门的安全、高质量、高效率和体面报酬的工作创造条件,这有助于实现人的潜力,就不可能向国家经济发展的创新模式过渡。后者的发展对乌克兰经济、政治、社会和精神生活领域的未来命运以及为其过渡到革新的国家制度模式创造条件具有决定性意义。在各级落实体面劳动概念,是解决我国社会和劳动领域积存问题的复杂机制。今天,在与智力活动有关的科学领域尤其如此。研究目标。研究科学领域关于科学家体面工作条件的法律规制关系的问题,并确定解决这些问题的方法。分析最近的研究和出版物。乌克兰的体面工作问题在一定程度上涵盖了LP Amelicheva、AV Vasylyk、L. Yu等科学家的科学著作。维列契科,格拉西缅科,戈斯丘克,扎丹,热尔纳科夫,余。Ivchuk, AM Kolot, TA Kolyada, SG Rudakova等。与此同时,迄今为止,在现有的科学文献中没有有关的全面研究,以确保像科学家这样的劳动法主体的体面工作,以及适当规定的法律机制。文章的主体。根据乌克兰内阁部长2021年4月14日第322-r号命令批准的《至2026年乌克兰研究基础设施发展国家目标计划构想》。需要解决的问题之一是研究基础设施的物质和技术基础条件令人不满意,科学家缺乏体面的工作条件和舒适的工作场所。乌克兰人力资源的科学潜力足够高,可以进行研究。与此同时,由于科研机构和高等教育机构的物质和技术基础水平较低,乌克兰的研究人员人数近年来几乎减少了一半。最活跃、最有创造力的科学家不断离开科学领域。虽然科学人才和知识是国家科技潜力可持续发展的根本因素。结论及发展展望。值得注意的是,文章中考虑的问题的存在不仅是由于科学资金不足,当然,经济因素是主要因素之一,而且还由于立法不完善,缺乏研究基础设施,缺乏职业机会,与企业的互动薄弱,缺乏旨在支持促进科学的政府政策以及其他一些因素。这导致科学家们要么被迫出国工作,要么完全离开科学领域。指出了制定一项战略和方案以克服科学领域体面工作问题的权宜之计。特别是,建议制定和批准在科学领域执行体面工作标准的概念,这将促进形成一种意识形态的“以人为中心的棱镜”,通过这种棱镜,所有进程都将改善今天发生的事情。其主要任务应是:确定确保乌克兰科学家体面工作的法律机制的最重要原则和战略方向;在建立和确保法律机制的运作方面改进立法,以确保乌克兰科学家的体面工作;防止与确保乌克兰科学家体面工作的法律机制的运作有关的负面社会经济后果。
{"title":"Dignified working conditions for scientists – on e of the priority directions of state policy in the field of science","authors":"O. Yaroshenko, Nataliya Vapnyarchuk","doi":"10.37772/2518-1718-2022-2(38)-5","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-5","url":null,"abstract":"Problem setting. The transition to an innovative model of economic development of the country is impossible without creating conditions for safe, high-quality, efficient work with decent pay in various sectors of the economy, which contributes to the realization of human potential. The development of the latter is decisive for the further fate of the economic, political, social, spiritual spheres of life in Ukraine and the creation of conditions for its transition to an innovative model of the state system. The implementation of the Concept of Decent Work at all levels is a complex mechanism for solving the accumulated problems in the social and labor sphere of the country. Today, this is especially true of the scientific field related to intellectual activity. Target of research. Research of problematic issues of legal regulation of relations in the scientific sphere on decent working conditions for scientists and identification of ways to solve them. Analysis of recent researches and publications. The issue of decent work in Ukraine is to some extent covered in the scientific works of such scientists as LP Amelicheva, AV Vasylyk, L. Yu. Velychko, OO Gerasimenko, OD Gostyuk, O V. Zhadan, VV Zhernakov, Yu. Ivchuk, AM Kolot, TA Kolyada, SG Rudakova and others. At the same time, to date, there are no relevant comprehensive studies in the available scientific literature to ensure decent work of such subjects of labor law as scientists, as well as the legal mechanism for appropriate provision. Article’s main body. According to the Concept of the State Target Program for the Development of Research Infrastructures in Ukraine for the period up to 2026, approved by the order of the Cabinet of Ministers of Ukraine of April 14, 2021 № 322-r. One of the problems that needs to be solved is the unsatisfactory condition of the material and technical base of research infrastructures, the lack of decent working conditions for scientists and comfortable premises for their work. The scientific potential of human resources in Ukraine is high enough for research. At the same time, with the low level of material and technical base of scientific institutions and higher education institutions, the number of researchers in Ukraine has almost halved in recent years. The most active, creative scientists continue to leave the scientific sphere. Although scientific personnel and knowledge are fundamental factors in the sustainable development of scientific and technical potential of the state. Conclusions and prospects for the development. It is noted that the existence of the problems considered in the article is due not only to insufficient funding for science, although, of course, the economic factor is one of the main, but also imperfect legislation, lack of research infrastructure, lack of career opportunities, weak interaction with business, lack of government policies aimed at supporting the promotion of science and a number of other factors, which leads to the fact","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127060182","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}
Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-3
Anna-Mariia Olkhovska, Ye Bilousov
Problem setting. The right to an adequate level of social security, including a sufficient number of quality foodstuffs, is enshrined at both the international and national levels. Consumption of food is an integral part of human life, and therefore, food security is an urgent task of the state. Analysis of recent researches and publications. In turn, the selected issues were studied by the following specialists: V. P. Samokysh, O. V. Tarasyuk, V. R. Shishlyuk and others. Despite the sufficient number of scientific studies on this issue, in the context of full-scale armed aggression by Russia against Ukraine, we believe that the chosen issue is relevant and deserves detailed analysis within this study. The target of the research is to analyze the regulatory and legal framework for food security in the legal regime of martial law. The object of study – the legal relations that arise in the process of implementation and provision of food security in the legal regime of martial law. The subject of the study is directly the analysis of legal norms in the field of food security, in particular, in the legal regime of martial law. Article’s main body. The article studies the issues of regulatory and legal support of food security in the legal regime of martial law, analysis of regulations in this area, explores the meaning of “food security” in the legal regime of martial law. The chosen issue is especially relevant today, as the event that took place on February 24, 2022, namely the full-scale armed aggression by the Russian Federation (hereinafter – Russia) against Ukraine, caused problems of both legal and socio-economic nature, which negatively affect the functioning of the food security system not only in our country, but also in other countries, as Ukraine is a recognized exporter of certain foods (cereals and oilseeds, etc.) to global markets. Therefore, in order to provide the population with necessary food and non-food products, as well as to prevent food crisis, both domestic and foreign markets, the legislator has developed and implemented a number of regulations of different levels of hierarchy, the content of individual norms or groups of norms aimed at preventing, overcoming and neutralizing the negative consequences of the functioning of the food security system of Ukraine. In particular, it should be emphasized that the content of these regulations relates to the order of economic activity under martial law, rules and procedures for providing the population with sufficient food in sufficient quantities (especially in regions where active hostilities), issues of use agricultural lands, rules and procedures for import and further distribution of humanitarian aid on the territory of Ukraine, etc. Conclusions and prospects for the development. Ensuring food security of the population in the legal regime of martial law is one of the priorities of the state. Quality food in sufficient quantities is one of the factors that directly affects the
{"title":"Regulatory and legal provision of food security in the conditions of the legal regime of maritime status (problem statement)","authors":"Anna-Mariia Olkhovska, Ye Bilousov","doi":"10.37772/2518-1718-2022-2(38)-3","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-3","url":null,"abstract":"Problem setting. The right to an adequate level of social security, including a sufficient number of quality foodstuffs, is enshrined at both the international and national levels. Consumption of food is an integral part of human life, and therefore, food security is an urgent task of the state. Analysis of recent researches and publications. In turn, the selected issues were studied by the following specialists: V. P. Samokysh, O. V. Tarasyuk, V. R. Shishlyuk and others. Despite the sufficient number of scientific studies on this issue, in the context of full-scale armed aggression by Russia against Ukraine, we believe that the chosen issue is relevant and deserves detailed analysis within this study. The target of the research is to analyze the regulatory and legal framework for food security in the legal regime of martial law. The object of study – the legal relations that arise in the process of implementation and provision of food security in the legal regime of martial law. The subject of the study is directly the analysis of legal norms in the field of food security, in particular, in the legal regime of martial law. Article’s main body. The article studies the issues of regulatory and legal support of food security in the legal regime of martial law, analysis of regulations in this area, explores the meaning of “food security” in the legal regime of martial law. The chosen issue is especially relevant today, as the event that took place on February 24, 2022, namely the full-scale armed aggression by the Russian Federation (hereinafter – Russia) against Ukraine, caused problems of both legal and socio-economic nature, which negatively affect the functioning of the food security system not only in our country, but also in other countries, as Ukraine is a recognized exporter of certain foods (cereals and oilseeds, etc.) to global markets. Therefore, in order to provide the population with necessary food and non-food products, as well as to prevent food crisis, both domestic and foreign markets, the legislator has developed and implemented a number of regulations of different levels of hierarchy, the content of individual norms or groups of norms aimed at preventing, overcoming and neutralizing the negative consequences of the functioning of the food security system of Ukraine. In particular, it should be emphasized that the content of these regulations relates to the order of economic activity under martial law, rules and procedures for providing the population with sufficient food in sufficient quantities (especially in regions where active hostilities), issues of use agricultural lands, rules and procedures for import and further distribution of humanitarian aid on the territory of Ukraine, etc. Conclusions and prospects for the development. Ensuring food security of the population in the legal regime of martial law is one of the priorities of the state. Quality food in sufficient quantities is one of the factors that directly affects the ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125588935","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}
Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-6
V. Zhernakov
Problem setting. The perception of conflicts and disputes in the field of labor should not be limited to the concepts inherent in the consideration of collective labor disputes, and the research base cannot be only the sources of labor law. For a deeper understanding of the nature and essence of conflicts and disputes one should operate in the categories of philosophy, conflictology, and general theory of law. Target of research is the substantiation of the concept of broad scope and deep content of the categories “conflict” and “labor dispute” and the impossibility of limiting them to the mechanism of collective labor disputes. Analysis of recent researches and publications. Problems of legal regulation of conflicts and disputes in the field of labor have been studied in recent years by L. Yerofeenko, S. Yerokhin, V. Kushik, I. Lykholat, J. Lyubchenko, V. Mamay, G. Rybnytsky, N. Uvarova and other scientists. Mostly they considered the mechanism of collective labor disputes, and some of them even made a comparative analysis of the categories of collective labor dispute and “collective labor conflict”. Meanwhile, the nature of conflicts in the field of labor, the relationship between conflicts and individual labor disputes have been ignored. Article’s main body. The main idea of the article is that the categories of “conflict” and “labor dispute” in the field of labor have a deep meaning and a wide scope. Conflicts in the field of labor have not only a psychological basis as irreconcilable differences and sharp confrontation. They are based on natural principles based on the age-old conflict between labor and capital. Labor disputes are not differences between the parties to social and labor relations, but a complex organizational and legal mechanism. Conflicts and disputes in the field of labor have different dimensions in time and in essence. Conflict may be present at the stage of forming the demands of the employee (labor collective), and it does not necessarily end with the end of the strike or the decision of national courts or the European Court of Human Rights. The erroneous assertion that the court decision is considered executed after the issuance of an order to reinstate the employee at work is emphasized. Since the psychological component of the conflict continues after the end of the labor dispute, the employer is not always ready to fully implement the decision of the body to consider the labor dispute. The decision to reinstate the employee should be considered executed from the date of his actual admission to work, which consists in granting the rights and obligations in full until dismissal. The role of the state in preventing and resolving collective labor disputes (conflicts) is determined by economic and socio-legal factors, including maintaining constructive cooperation in the field of labor as an important component of public life, preventing economic losses, maintaining harmony in labor collectives. Proposals for improving l
{"title":"Conflicts and disputes in the field of labor: essence and interaction","authors":"V. Zhernakov","doi":"10.37772/2518-1718-2022-2(38)-6","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-6","url":null,"abstract":"Problem setting. The perception of conflicts and disputes in the field of labor should not be limited to the concepts inherent in the consideration of collective labor disputes, and the research base cannot be only the sources of labor law. For a deeper understanding of the nature and essence of conflicts and disputes one should operate in the categories of philosophy, conflictology, and general theory of law. Target of research is the substantiation of the concept of broad scope and deep content of the categories “conflict” and “labor dispute” and the impossibility of limiting them to the mechanism of collective labor disputes. Analysis of recent researches and publications. Problems of legal regulation of conflicts and disputes in the field of labor have been studied in recent years by L. Yerofeenko, S. Yerokhin, V. Kushik, I. Lykholat, J. Lyubchenko, V. Mamay, G. Rybnytsky, N. Uvarova and other scientists. Mostly they considered the mechanism of collective labor disputes, and some of them even made a comparative analysis of the categories of collective labor dispute and “collective labor conflict”. Meanwhile, the nature of conflicts in the field of labor, the relationship between conflicts and individual labor disputes have been ignored. Article’s main body. The main idea of the article is that the categories of “conflict” and “labor dispute” in the field of labor have a deep meaning and a wide scope. Conflicts in the field of labor have not only a psychological basis as irreconcilable differences and sharp confrontation. They are based on natural principles based on the age-old conflict between labor and capital. Labor disputes are not differences between the parties to social and labor relations, but a complex organizational and legal mechanism. Conflicts and disputes in the field of labor have different dimensions in time and in essence. Conflict may be present at the stage of forming the demands of the employee (labor collective), and it does not necessarily end with the end of the strike or the decision of national courts or the European Court of Human Rights. The erroneous assertion that the court decision is considered executed after the issuance of an order to reinstate the employee at work is emphasized. Since the psychological component of the conflict continues after the end of the labor dispute, the employer is not always ready to fully implement the decision of the body to consider the labor dispute. The decision to reinstate the employee should be considered executed from the date of his actual admission to work, which consists in granting the rights and obligations in full until dismissal. The role of the state in preventing and resolving collective labor disputes (conflicts) is determined by economic and socio-legal factors, including maintaining constructive cooperation in the field of labor as an important component of public life, preventing economic losses, maintaining harmony in labor collectives. Proposals for improving l","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126517310","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}
Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-9
O. Chudak
Problem setting. Modern society is gripped by the trend of digitalization, which permeates all spheres of its life. First of all, such processes affected the state’s economy, and hence the taxation and administration of taxes and fees. According to scientists, the key technologies of the digital economy contribute to the digital transformation of business – the transformation of analog products, business processes and business models of organizations into those based on the effective use of digital technologies. In addition, it should be noted that the digital economy is shaping a new, digital business environment and includes all digital resources of business organizations integrated into the system, interaction with other economic entities within the country and abroad [1, p. 122–123]. In the digital economy, digital technologies are recognized as the basis for the creation of new products, values, properties, unique systems and processes. This thesis is confirmed by the provisions reflected in the Economic Strategy of Ukraine 2030, in particular, in paragraph 6.2 Ukraine 2030E a country with a developed digital economy: data becomes an asset. Data collection, description, storage and processing allow to obtain valuable information for use in business processes, public life, the work of the state. The ability to work with data and analyze it is an opportunity to be the first to obtain valuable market “insights”, to be more competitive [9]. It is obvious that the processes of introduction of new technologies in the context of digitalization of the country’s economy have not escaped the sphere of taxation and administration of taxes and fees. Target of research. The purpose of the article is to reveal certain aspects of the impact of digitalization on the administration of taxes and fees in our country. Analysis of recent researches and publications. Researchers such as O. Dmytryk, D. Kobylnik, A. Kolisnyk, M. Kucheryavenko, and O. Makukh, V. Ryadinska, M. Chinchin and etc. are engaged in the study of innovations related to the administration of taxes and fees in the conditions of digitalization. At the same time, many aspects still remain unclear. Article’s main body. It is emphasized that the introduction of electronic services in the field of taxation, as well as the approach of the legislator to their regulation should be positively assessed, because in the context of digitalization the implementation of such principles as simplifying the procedure of interaction between taxpayers and the supervisory authority. as can be seen, this principle is part of the principle of the general principle of tax law uniformity and ease of payment. In general, the legislative approaches to the regulation of electronic services taxation in Ukraine as quite acceptable and well-founded. However, in order to improve the implementation of the relevant tax legislation, we consider it necessary to define more clearly the list of electronic services subject to taxat
{"title":"The influence of digitalization on the administration of taxes and charges in Ukraine","authors":"O. Chudak","doi":"10.37772/2518-1718-2022-2(38)-9","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-9","url":null,"abstract":"Problem setting. Modern society is gripped by the trend of digitalization, which permeates all spheres of its life. First of all, such processes affected the state’s economy, and hence the taxation and administration of taxes and fees. According to scientists, the key technologies of the digital economy contribute to the digital transformation of business – the transformation of analog products, business processes and business models of organizations into those based on the effective use of digital technologies. In addition, it should be noted that the digital economy is shaping a new, digital business environment and includes all digital resources of business organizations integrated into the system, interaction with other economic entities within the country and abroad [1, p. 122–123]. In the digital economy, digital technologies are recognized as the basis for the creation of new products, values, properties, unique systems and processes. This thesis is confirmed by the provisions reflected in the Economic Strategy of Ukraine 2030, in particular, in paragraph 6.2 Ukraine 2030E a country with a developed digital economy: data becomes an asset. Data collection, description, storage and processing allow to obtain valuable information for use in business processes, public life, the work of the state. The ability to work with data and analyze it is an opportunity to be the first to obtain valuable market “insights”, to be more competitive [9]. It is obvious that the processes of introduction of new technologies in the context of digitalization of the country’s economy have not escaped the sphere of taxation and administration of taxes and fees. Target of research. The purpose of the article is to reveal certain aspects of the impact of digitalization on the administration of taxes and fees in our country. Analysis of recent researches and publications. Researchers such as O. Dmytryk, D. Kobylnik, A. Kolisnyk, M. Kucheryavenko, and O. Makukh, V. Ryadinska, M. Chinchin and etc. are engaged in the study of innovations related to the administration of taxes and fees in the conditions of digitalization. At the same time, many aspects still remain unclear. Article’s main body. It is emphasized that the introduction of electronic services in the field of taxation, as well as the approach of the legislator to their regulation should be positively assessed, because in the context of digitalization the implementation of such principles as simplifying the procedure of interaction between taxpayers and the supervisory authority. as can be seen, this principle is part of the principle of the general principle of tax law uniformity and ease of payment. In general, the legislative approaches to the regulation of electronic services taxation in Ukraine as quite acceptable and well-founded. However, in order to improve the implementation of the relevant tax legislation, we consider it necessary to define more clearly the list of electronic services subject to taxat","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134188741","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}
Pub Date : 2022-06-24DOI: 10.37772/2518-1718-2022-2(38)-2
I. Yakoviyk, K. Yefremova, Evgeniy F. Novikov
Problem setting. Although the outcome of the Russian-Ukrainian war is uncertain, it is necessary to start thinking about the future reconstruction of Ukraine. The paper examines issues related with the complex of problems connected with the post-war reconstruction of Ukraine and the participation of the collective West, which means a set of countries (USA, EU member states, Canada, Scandinavian countries) participating in Euro-Atlantic integration. In this article, we use previous experience of post-war reconstruction of Western Europe (for example, the Marshall Plan after World War II). We set out the key principles of international cooperation in the renovation of the Ukrainian economics and the state as a whole, as well as the role of individual subjects of international law in this process. The paper is intended to involve foreign and domestic lawyers in a discussion on a wider range of issues, which will include further and more detailed analysis of the best ways to rebuild Ukraine after the war. Analysis of resent researches and publications. The idea of developing a European plan for the reconstruction of Ukraine (“Marshall Plan for Ukraine”) began to be discussed after the Revolution of Dignity. However, it has not been the subject of serious research. The situation changed after Russia declared war on Ukraine. As Ukraine has a chance to win the war, the leaders of the United States, the European Union and Ukraine are discussing the possible content of a “New European Plan for Ukraine.” However, today, both in Ukraine and abroad, this issue is dominated by journalistic publications, which determines the relevance and practical significance of the development of the problem. Target of research is to reveal the content, main directions of participation of international financial institutions and individual states in the reconstruction of Ukraine after the war. Article’s main body. The article considers the problem of determining the content of the “New European Plan for Ukraine” in relation to the postwar period. The uniqueness of the plan to restore the Ukrainian economy is emphasized. The steps of international financial institutions and individual countries regarding the revival of Ukraine during and after the war are analyzed. Conclusions and prospects for the development. The conclusion that grants should make up a large share of foreign aid flows in the post-war reconstruction of Ukraine is substantiated. An important step in Ukraine’s post-war reconstruction should be the write-off of foreign debt, or at least part of it, by foreign financial institutions, primarily the IMF and the World Bank, as an important and necessary sign of genuine solidarity of the international community. Emphasis is placed on the special role of the United States and the European Union in the postwar reconstruction of Ukraine, in particular on the issue of writing off Ukraine’s foreign debt.
{"title":"Economic security and the role of collective West in the post-war recon struction of Ukraine","authors":"I. Yakoviyk, K. Yefremova, Evgeniy F. Novikov","doi":"10.37772/2518-1718-2022-2(38)-2","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-2","url":null,"abstract":"Problem setting. Although the outcome of the Russian-Ukrainian war is uncertain, it is necessary to start thinking about the future reconstruction of Ukraine. The paper examines issues related with the complex of problems connected with the post-war reconstruction of Ukraine and the participation of the collective West, which means a set of countries (USA, EU member states, Canada, Scandinavian countries) participating in Euro-Atlantic integration. In this article, we use previous experience of post-war reconstruction of Western Europe (for example, the Marshall Plan after World War II). We set out the key principles of international cooperation in the renovation of the Ukrainian economics and the state as a whole, as well as the role of individual subjects of international law in this process. The paper is intended to involve foreign and domestic lawyers in a discussion on a wider range of issues, which will include further and more detailed analysis of the best ways to rebuild Ukraine after the war. Analysis of resent researches and publications. The idea of developing a European plan for the reconstruction of Ukraine (“Marshall Plan for Ukraine”) began to be discussed after the Revolution of Dignity. However, it has not been the subject of serious research. The situation changed after Russia declared war on Ukraine. As Ukraine has a chance to win the war, the leaders of the United States, the European Union and Ukraine are discussing the possible content of a “New European Plan for Ukraine.” However, today, both in Ukraine and abroad, this issue is dominated by journalistic publications, which determines the relevance and practical significance of the development of the problem. Target of research is to reveal the content, main directions of participation of international financial institutions and individual states in the reconstruction of Ukraine after the war. Article’s main body. The article considers the problem of determining the content of the “New European Plan for Ukraine” in relation to the postwar period. The uniqueness of the plan to restore the Ukrainian economy is emphasized. The steps of international financial institutions and individual countries regarding the revival of Ukraine during and after the war are analyzed. Conclusions and prospects for the development. The conclusion that grants should make up a large share of foreign aid flows in the post-war reconstruction of Ukraine is substantiated. An important step in Ukraine’s post-war reconstruction should be the write-off of foreign debt, or at least part of it, by foreign financial institutions, primarily the IMF and the World Bank, as an important and necessary sign of genuine solidarity of the international community. Emphasis is placed on the special role of the United States and the European Union in the postwar reconstruction of Ukraine, in particular on the issue of writing off Ukraine’s foreign debt.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"2 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132513648","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}