The relevance of the study is due to the urgent need to form a qualitatively updated legal field in entrepreneurship development in rural areas as one of the determining factors for the growth of the welfare of the population and the motivation of the economically active stratum to employment in rural areas. The purpose of the study is to define the category “stimulating the development of entrepreneurship in rural areas” and determine the tasks and fundamental principles of this activity. Achieving this goal was made possible by a comprehensive analysis of theoretical sources and provisions of current and future legislation. As a result of the study conducted, the author’s definition of the concept of “stimulating the development of entrepreneurship and rural areas” is formulated through its understanding as a set of measures of legal regulation and national policy. The purpose of these measures is to simplify the procedure for creating business entities and the procedure for conducting business activities within rural areas, which will increase the economic attractiveness of business in rural areas. The expansion of the field of stimulating business activities in rural areas that are not related to the production of agricultural products is considered promising, which is especially important in the realities of finding additional ways to support the population in the conditions of war and post-war reconstruction. The principles of stimulating the development of entrepreneurship in rural areas, on which legislation in this area and the regulation of relevant relations should be based, are defined. The practical importance of the study lies in the fact that it can become a source for formulating the content of regulatory acts in the field of stimulating the development of entrepreneurship in rural areas.
{"title":"Stimulating the development of entrepreneurship in rural areas: Theoretical-legal characteristics","authors":"Tamara Novak, Myroslava Dudash","doi":"10.31548/law/2.2023.65","DOIUrl":"https://doi.org/10.31548/law/2.2023.65","url":null,"abstract":"The relevance of the study is due to the urgent need to form a qualitatively updated legal field in entrepreneurship development in rural areas as one of the determining factors for the growth of the welfare of the population and the motivation of the economically active stratum to employment in rural areas. The purpose of the study is to define the category “stimulating the development of entrepreneurship in rural areas” and determine the tasks and fundamental principles of this activity. Achieving this goal was made possible by a comprehensive analysis of theoretical sources and provisions of current and future legislation. As a result of the study conducted, the author’s definition of the concept of “stimulating the development of entrepreneurship and rural areas” is formulated through its understanding as a set of measures of legal regulation and national policy. The purpose of these measures is to simplify the procedure for creating business entities and the procedure for conducting business activities within rural areas, which will increase the economic attractiveness of business in rural areas. The expansion of the field of stimulating business activities in rural areas that are not related to the production of agricultural products is considered promising, which is especially important in the realities of finding additional ways to support the population in the conditions of war and post-war reconstruction. The principles of stimulating the development of entrepreneurship in rural areas, on which legislation in this area and the regulation of relevant relations should be based, are defined. The practical importance of the study lies in the fact that it can become a source for formulating the content of regulatory acts in the field of stimulating the development of entrepreneurship in rural areas.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"345 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133717934","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}
O. Yara, Оlena Hulak, Yurii Danyliuk, Serhii Mosondz
The relevance of the chosen study subject is due to the fact that the full-scale invasion of the Russian Federation in Ukraine caused the need to move enterprises, especially strategic objects of state ownership, from the zone of active military operations to safer regions. Therefore, there is a need to make adjustments to the field of public control over objects of strategic importance for the economy, security, and life of the country in a difficult time for it. The purpose of the study is to determine the state of public control as a regulation of the relocation process in the legal context of regulatory support and suggest improving state regulation, considering the existing norms of national legislation, regulatory acts, and programmes. In the process of writing the study, general scientific and special methods were used, such as: analysis and synthesis, deduction and induction, formalisation, formal legal, comparative legal, and the method of legal modelling. As a result of the study, the legal regulation of public control of relocated strategic objects in the system of existing relocation procedures is analysed. Doctrinal and legislative approaches to the interpretation of control, public control, strategic enterprises, and relocation itself are described. Features of international support for the relocation of Ukrainian enterprises to safer regions are considered. The main methods of optimising the relocation process have been identified, emphasizing the necessity to legislatively define the process itself and the related concepts. Additionally, the regulatory framework for public control over strategic enterprises has been elaborated upon. The necessity to establish a special legal regime for public control over relocation is justified. The practical value of the results obtained lies in the fact that they can be used in the development of new regulatory legal acts that will determine the proper legal mechanism in one codified act on the relocation of businesses from non-safe territories.
{"title":"Public control over the relocation of strategic objects of state ownership","authors":"O. Yara, Оlena Hulak, Yurii Danyliuk, Serhii Mosondz","doi":"10.31548/law/2.2023.105","DOIUrl":"https://doi.org/10.31548/law/2.2023.105","url":null,"abstract":"The relevance of the chosen study subject is due to the fact that the full-scale invasion of the Russian Federation in Ukraine caused the need to move enterprises, especially strategic objects of state ownership, from the zone of active military operations to safer regions. Therefore, there is a need to make adjustments to the field of public control over objects of strategic importance for the economy, security, and life of the country in a difficult time for it. The purpose of the study is to determine the state of public control as a regulation of the relocation process in the legal context of regulatory support and suggest improving state regulation, considering the existing norms of national legislation, regulatory acts, and programmes. In the process of writing the study, general scientific and special methods were used, such as: analysis and synthesis, deduction and induction, formalisation, formal legal, comparative legal, and the method of legal modelling. As a result of the study, the legal regulation of public control of relocated strategic objects in the system of existing relocation procedures is analysed. Doctrinal and legislative approaches to the interpretation of control, public control, strategic enterprises, and relocation itself are described. Features of international support for the relocation of Ukrainian enterprises to safer regions are considered. The main methods of optimising the relocation process have been identified, emphasizing the necessity to legislatively define the process itself and the related concepts. Additionally, the regulatory framework for public control over strategic enterprises has been elaborated upon. The necessity to establish a special legal regime for public control over relocation is justified. The practical value of the results obtained lies in the fact that they can be used in the development of new regulatory legal acts that will determine the proper legal mechanism in one codified act on the relocation of businesses from non-safe territories.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114324162","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}
Roman law is the basis for many modern Western European legal systems, and it is used by the vast majority of modern researchers and lawyers. Obligations are one of the main legal means by which trade turnover was regulated at various stages of human development. The relevance of the subject of the study lies in the fact that the examination of the grounds for the emergence of obligations in Roman law allows for determining ways to improve the legal regulation of relevant legal relations in modern realities. The purpose of this study is to investigate the emergence of the institution of contractual obligations and its individual types in Roman private law. Using the method of analysis and synthesis, the differences in the system of grounds for the emergence of obligations at different stages of the development of this institution are highlighted. The study analyses the concept of a contract as one of the grounds for the emergence of obligations in Roman private law. The system of obligations of Ancient Rome is briefly described. The main stages of the evolution of binding legal relations of the historical period under consideration are highlighted. The views of various researchers on the grounds for the emergence of obligations in Roman private law are examined. It is concluded that the first types of obligations in Ancient Rome were those that arose from offences (torts), and contractual obligations appeared later as a result of improving the legal system. The study examines how views on the grounds for the emergence of an obligation have changed, in which the leading role is no longer assigned to torts, as it was in early Roman law, but to contracts (deals). The practical value of the study lies in the fact that after the analysis conducted, it became possible to compare and improve the modern system of obligations under Roman private law.
{"title":"Contractual obligations in Roman law: The genesis of the main forms","authors":"Yuliia Kanaryk","doi":"10.31548/law/2.2023.22","DOIUrl":"https://doi.org/10.31548/law/2.2023.22","url":null,"abstract":"Roman law is the basis for many modern Western European legal systems, and it is used by the vast majority of modern researchers and lawyers. Obligations are one of the main legal means by which trade turnover was regulated at various stages of human development. The relevance of the subject of the study lies in the fact that the examination of the grounds for the emergence of obligations in Roman law allows for determining ways to improve the legal regulation of relevant legal relations in modern realities. The purpose of this study is to investigate the emergence of the institution of contractual obligations and its individual types in Roman private law. Using the method of analysis and synthesis, the differences in the system of grounds for the emergence of obligations at different stages of the development of this institution are highlighted. The study analyses the concept of a contract as one of the grounds for the emergence of obligations in Roman private law. The system of obligations of Ancient Rome is briefly described. The main stages of the evolution of binding legal relations of the historical period under consideration are highlighted. The views of various researchers on the grounds for the emergence of obligations in Roman private law are examined. It is concluded that the first types of obligations in Ancient Rome were those that arose from offences (torts), and contractual obligations appeared later as a result of improving the legal system. The study examines how views on the grounds for the emergence of an obligation have changed, in which the leading role is no longer assigned to torts, as it was in early Roman law, but to contracts (deals). The practical value of the study lies in the fact that after the analysis conducted, it became possible to compare and improve the modern system of obligations under Roman private law.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130104729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the studied subject lies in the fact that freedom of speech is a fundamental human right that should be ensured at the legislative level. However, in the era of rapid development of information and communication technologies, it is necessary to find a balance between such provision and the protection of the rights of others. The purpose of the paper is to investigate the legal support of freedom of speech at the international level, and the experience of foreign countries in the legal regulation of this issue. The study utilises general theoretical methods of research, namely historical, abstract-logical, systemic-functional, analysis and synthesis, the method of theoretical generalisation to generalise the theoretical and legal foundations of ensuring freedom of speech existing in foreign countries and to systematise the components of the right to freedom of speech and criteria and conditions for restricting the right to freedom of speech and the right to express views and beliefs. Comparative legal method is used for the analysis and comparison of foreign legislation regulating freedom of speech and the right to express views and beliefs on the Internet. The paper substantiates that the problem of legal regulation of ensuring freedom of speech lies in the complexity of achieving an optimal balance between guaranteeing the right to freedom of speech and protecting others. It is revealed that the implementation of the right to freedom of speech on the Internet and in social networks in the United States, Japan, China, and Germany is regulated differently on the legislative level and various approaches are used. Special attention is paid to legislative provision of responsibility for spreading false information, protection of public safety, and protection of copyright on the Internet. The opinion is justified that the experience of Japan and Germany is the most acceptable for Ukraine. The practical importance of the study lies in the fact that the analysis of the legislation of foreign countries allowed identifying the features of legal regulation of the right to freedom of speech in individual states and establishing the advantages and disadvantages that may exist in this field.
{"title":"International experience in legal support of freedom of speech on the Internet","authors":"L. Golovko, V. Ladychenko, Olga Kapplová","doi":"10.31548/law/2.2023.09","DOIUrl":"https://doi.org/10.31548/law/2.2023.09","url":null,"abstract":"The relevance of the studied subject lies in the fact that freedom of speech is a fundamental human right that should be ensured at the legislative level. However, in the era of rapid development of information and communication technologies, it is necessary to find a balance between such provision and the protection of the rights of others. The purpose of the paper is to investigate the legal support of freedom of speech at the international level, and the experience of foreign countries in the legal regulation of this issue. The study utilises general theoretical methods of research, namely historical, abstract-logical, systemic-functional, analysis and synthesis, the method of theoretical generalisation to generalise the theoretical and legal foundations of ensuring freedom of speech existing in foreign countries and to systematise the components of the right to freedom of speech and criteria and conditions for restricting the right to freedom of speech and the right to express views and beliefs. Comparative legal method is used for the analysis and comparison of foreign legislation regulating freedom of speech and the right to express views and beliefs on the Internet. The paper substantiates that the problem of legal regulation of ensuring freedom of speech lies in the complexity of achieving an optimal balance between guaranteeing the right to freedom of speech and protecting others. It is revealed that the implementation of the right to freedom of speech on the Internet and in social networks in the United States, Japan, China, and Germany is regulated differently on the legislative level and various approaches are used. Special attention is paid to legislative provision of responsibility for spreading false information, protection of public safety, and protection of copyright on the Internet. The opinion is justified that the experience of Japan and Germany is the most acceptable for Ukraine. The practical importance of the study lies in the fact that the analysis of the legislation of foreign countries allowed identifying the features of legal regulation of the right to freedom of speech in individual states and establishing the advantages and disadvantages that may exist in this field.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116337457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the study is driven by the need to elucidate the essence of veterinary and sanitary control over the movement of animals at the national level to facilitate its further correlation with the experiences of European countries. The purpose of the study is to analyse the state of the legal provision in the defined sphere and formulate suggestions for enhancing the legal regulation of state veterinary and sanitary control over the movement of animals. The paper uses a system of general scientific methods of cognition (dialectical, formal-logical, analysis, and synthesis), and a special formal-legal method. The paper analyses the national experience of legal regulation of state veterinary and sanitary control over the movement of animals through the disclosure of its features. The essence of state veterinary and sanitary control during the movement of animals is established and its place in the legal system is determined. The boundaries of the legal regulation of this issue are outlined, legal forms of implementing such control, subjects and objects of such activity, the sequence of procedures required by veterinary-sanitary legislation for animal movement, and the specificities of legal responsibility for violations of veterinary and sanitary requirements during animal transportation are defined. The need to develop normatively established requirements for the safe movement of animals is substantiated, which encompass not only the procedures for protecting animals from epizootics and cruel treatment during their preparation for transportation or during transportation itself but also ensure the population’s access to quality and safe food products while guaranteeing the well-being of the animals. The practical importance of the paper lies in a number of proposals for improving Ukrainian legislation in this area.
{"title":"The features of the legal regulation of state veterinary and sanitary control over the movement of animals","authors":"Yuliia Krasnova, Rastislav Funta","doi":"10.31548/law/2.2023.33","DOIUrl":"https://doi.org/10.31548/law/2.2023.33","url":null,"abstract":"The relevance of the study is driven by the need to elucidate the essence of veterinary and sanitary control over the movement of animals at the national level to facilitate its further correlation with the experiences of European countries. The purpose of the study is to analyse the state of the legal provision in the defined sphere and formulate suggestions for enhancing the legal regulation of state veterinary and sanitary control over the movement of animals. The paper uses a system of general scientific methods of cognition (dialectical, formal-logical, analysis, and synthesis), and a special formal-legal method. The paper analyses the national experience of legal regulation of state veterinary and sanitary control over the movement of animals through the disclosure of its features. The essence of state veterinary and sanitary control during the movement of animals is established and its place in the legal system is determined. The boundaries of the legal regulation of this issue are outlined, legal forms of implementing such control, subjects and objects of such activity, the sequence of procedures required by veterinary-sanitary legislation for animal movement, and the specificities of legal responsibility for violations of veterinary and sanitary requirements during animal transportation are defined. The need to develop normatively established requirements for the safe movement of animals is substantiated, which encompass not only the procedures for protecting animals from epizootics and cruel treatment during their preparation for transportation or during transportation itself but also ensure the population’s access to quality and safe food products while guaranteeing the well-being of the animals. The practical importance of the paper lies in a number of proposals for improving Ukrainian legislation in this area.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122226757","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}
V. Ladychenko, Оlena Hulak, O. Artemenko, O. Svitlychnyi, L. Volkova
Within the framework of harmonization of national legislation with EU standards and compliance with the requirements of the Association Agreement with the EU in the field of public procurement, there are still many problematic issues that arise at the level of law enforcement practice and are illustrated in the judicial practice of national courts. Judicial practice is a living law, the analysis of which helps establish the quality of legislation in this area and offer a further map of reforms. The purpose of this study was to analyse judicial practice in the field of public procurement after the adoption of the new version of the Law of Ukraine “On Public Procurement”, as well as to assess the national approach to the standards of the European Court of Human Rights. The methodological framework of this study included both philosophical, ideological, and general scientific methods, as well as a number of special scientific ones. The terminology was analysed primarily through the lens of the dialectical method; the method of document analysis served as the basis for investigating the legal practice of the Supreme Court of Ukraine. At the same time, the method of analysis, synthesis, and comparative method were also applied. The paper presents and examines the dynamics of harmonization of national legislation with European Union standards for the period from 2015 to the present. By analysing the law enforcement practice of the Supreme Court on the most high-profile court cases in Ukraine in the field of public procurement, practical conclusions were drawn and an appropriate legal assessment was given. The conclusion was substantiated that the harmonization of national legislation in the field of public procurement pursuant to the requirements of the European Union has not yet been completed in Ukraine. Attention was focused on numerous regulatory shortcomings of the law enforcement process, specifically at the sub-legislative level. The practical value of this study lies in the fact that it examines both doctrinal approaches and theories regarding ideal concepts of public procurement, and judicial law enforcement practice as a living example that can show the real state of legal regulation, as well as gaps in regulatory application.
{"title":"Judicial practice of Ukraine on consideration of public procurement disputes from the perspective of European Union standards","authors":"V. Ladychenko, Оlena Hulak, O. Artemenko, O. Svitlychnyi, L. Volkova","doi":"10.31548/law/1.2023.63","DOIUrl":"https://doi.org/10.31548/law/1.2023.63","url":null,"abstract":"Within the framework of harmonization of national legislation with EU standards and compliance with the requirements of the Association Agreement with the EU in the field of public procurement, there are still many problematic issues that arise at the level of law enforcement practice and are illustrated in the judicial practice of national courts. Judicial practice is a living law, the analysis of which helps establish the quality of legislation in this area and offer a further map of reforms. The purpose of this study was to analyse judicial practice in the field of public procurement after the adoption of the new version of the Law of Ukraine “On Public Procurement”, as well as to assess the national approach to the standards of the European Court of Human Rights. The methodological framework of this study included both philosophical, ideological, and general scientific methods, as well as a number of special scientific ones. The terminology was analysed primarily through the lens of the dialectical method; the method of document analysis served as the basis for investigating the legal practice of the Supreme Court of Ukraine. At the same time, the method of analysis, synthesis, and comparative method were also applied. The paper presents and examines the dynamics of harmonization of national legislation with European Union standards for the period from 2015 to the present. By analysing the law enforcement practice of the Supreme Court on the most high-profile court cases in Ukraine in the field of public procurement, practical conclusions were drawn and an appropriate legal assessment was given. The conclusion was substantiated that the harmonization of national legislation in the field of public procurement pursuant to the requirements of the European Union has not yet been completed in Ukraine. Attention was focused on numerous regulatory shortcomings of the law enforcement process, specifically at the sub-legislative level. The practical value of this study lies in the fact that it examines both doctrinal approaches and theories regarding ideal concepts of public procurement, and judicial law enforcement practice as a living example that can show the real state of legal regulation, as well as gaps in regulatory application.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124945550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The trends and challenges of modern society stimulate a review of the features and characteristics that define law as a set of social norms and shape its image through the provision of legal norms either with means of coercion, or by encouraging the use of other, alternative methods. Changes of a global nature, which are connected not only with the war in Ukraine, are accompanied by alternative methods of protecting the rights of participants in civil relations. The purpose of this study was to establish the legal and scientific and practical principles of the mediation procedure as one of the alternative ways of protecting civil rights and interests. Philosophical, specifically hermeneutic, and general scientific methods of scientific cognition (generalization, logical, praxeological, prognostic and modelling, as well as bibliographic) were used in this study. Special legal methods were also applied: formal legal and comparative legal. Modern positions in the understanding of legal categories, such as civil protection and civil liability and the influence of modern conditions of society on them, have been established. Various approaches to the mediation procedure were presented, and the prerequisites for its occurrence in Ukraine and the world were revealed. The study investigated how the categories “protection of civil rights and interests”, “tort liability”, and “mediation” interact. The modern trends of the civil doctrine regarding the protection of civil rights and interests were examined, the specific features of tortious liability and the possibility of introducing the principles of restorative justice regarding the protection of violated property rights were covered. The legal and practical bases of the application of mediation were determined, the advantages of its application in various spheres of social relations were established. The study analysed the judicial practice regarding the procedure for stopping proceedings in a case due to transfer of the dispute to mediation. The given materials and research results can be used in practical activities by participants in civil legal relations for further scientific research, as well as mediators, teachers, students of various educational degrees, representatives of state authorities and local self-government bodies.
{"title":"Correlation of mediation as an alternative way to protect civil rights and interests and tort liability","authors":"I. Horislavska","doi":"10.31548/law/1.2023.23","DOIUrl":"https://doi.org/10.31548/law/1.2023.23","url":null,"abstract":"The trends and challenges of modern society stimulate a review of the features and characteristics that define law as a set of social norms and shape its image through the provision of legal norms either with means of coercion, or by encouraging the use of other, alternative methods. Changes of a global nature, which are connected not only with the war in Ukraine, are accompanied by alternative methods of protecting the rights of participants in civil relations. The purpose of this study was to establish the legal and scientific and practical principles of the mediation procedure as one of the alternative ways of protecting civil rights and interests. Philosophical, specifically hermeneutic, and general scientific methods of scientific cognition (generalization, logical, praxeological, prognostic and modelling, as well as bibliographic) were used in this study. Special legal methods were also applied: formal legal and comparative legal. Modern positions in the understanding of legal categories, such as civil protection and civil liability and the influence of modern conditions of society on them, have been established. Various approaches to the mediation procedure were presented, and the prerequisites for its occurrence in Ukraine and the world were revealed. The study investigated how the categories “protection of civil rights and interests”, “tort liability”, and “mediation” interact. The modern trends of the civil doctrine regarding the protection of civil rights and interests were examined, the specific features of tortious liability and the possibility of introducing the principles of restorative justice regarding the protection of violated property rights were covered. The legal and practical bases of the application of mediation were determined, the advantages of its application in various spheres of social relations were established. The study analysed the judicial practice regarding the procedure for stopping proceedings in a case due to transfer of the dispute to mediation. The given materials and research results can be used in practical activities by participants in civil legal relations for further scientific research, as well as mediators, teachers, students of various educational degrees, representatives of state authorities and local self-government bodies.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126387005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The cursus honorum is a Latin phrase which translates to “course of honour”. It refers to the sequential order of public offices that were held by aspiring politicians in the Roman Republic and Empire. It was the Roman idea about the order of public offices which were held by citizens. One of the requirements for taking office was the age of the candidate to hold it. Over the centuries, Roman law changed the age limits required to take up a specific office. Starting from republican times, there were regulations in Rome that required candidates for office to reach a certain age. The aim of this paper is to present the importance of the age criterion for holding offices in ancient Rome. For this purpose, the available source texts were analysed and the existing literature on the subject was examined and presented. The research used the historical method, which includes the analysis of source texts, and the dogmatic and empirical research method, which includes the critical analysis of legal sources and literature on the subject. Thanks to the research conducted, the available sources and literature on the age limits used in the cursus honorum were discovered and unified. As a result of the conducted research, the results were presented, which made it possible to identify the age limits required for a civil servant career in ancient Rome. Research in this area is of theoretical importance. Secondly, such an analysis is important for further comparative legal research. In modern legal systems, each country sets certain age requirements for participation in public life in the broadest sense (e.g., the age at which one may vote or run for office). Thanks to the ongoing research on Roman law, it will be possible to make comparative analyses and thus search for the Roman sources of contemporary laws. In this part, the research has a practical (comparative law) meaning.
cursus honorum是一个拉丁短语，翻译过来是“荣誉课程”。它指的是罗马共和国和帝国时期有抱负的政治家所担任公职的先后顺序。这是罗马人关于由公民担任公职的秩序的观念。就职的条件之一是候选人的年龄。几个世纪以来，罗马法改变了担任特定职位所需的年龄限制。从共和时代开始，罗马就有规定，候选人必须达到一定的年龄。本文的目的是提出年龄标准在古罗马任职的重要性。为此目的，对现有的原始文本进行了分析，并审查和提出了有关该主题的现有文献。本研究采用了历史研究方法，其中包括对原始文本的分析，以及教条式和实证研究方法，其中包括对法律来源和文献的批判性分析。通过这项研究，发现并统一了有关《荣誉课程》中使用的年龄限制的现有资料和文献。在进行了研究之后，提出了研究结果，从而有可能确定古罗马公务员职业所需的年龄限制。这方面的研究具有重要的理论意义。其次，这种分析对进一步的比较法学研究具有重要意义。在现代法律制度中，每个国家都对参与最广泛意义上的公共生活设定了一定的年龄要求(例如，一个人可以投票或竞选公职的年龄)。由于对罗马法的持续研究，将有可能进行比较分析，从而寻找当代法律的罗马来源。这一部分的研究具有实践(比较法)意义。
{"title":"Cursus honorum – selected aspects of Roman public law","authors":"Wojciech J. Kosior","doi":"10.31548/law/1.2023.49","DOIUrl":"https://doi.org/10.31548/law/1.2023.49","url":null,"abstract":"The cursus honorum is a Latin phrase which translates to “course of honour”. It refers to the sequential order of public offices that were held by aspiring politicians in the Roman Republic and Empire. It was the Roman idea about the order of public offices which were held by citizens. One of the requirements for taking office was the age of the candidate to hold it. Over the centuries, Roman law changed the age limits required to take up a specific office. Starting from republican times, there were regulations in Rome that required candidates for office to reach a certain age. The aim of this paper is to present the importance of the age criterion for holding offices in ancient Rome. For this purpose, the available source texts were analysed and the existing literature on the subject was examined and presented. The research used the historical method, which includes the analysis of source texts, and the dogmatic and empirical research method, which includes the critical analysis of legal sources and literature on the subject. Thanks to the research conducted, the available sources and literature on the age limits used in the cursus honorum were discovered and unified. As a result of the conducted research, the results were presented, which made it possible to identify the age limits required for a civil servant career in ancient Rome. Research in this area is of theoretical importance. Secondly, such an analysis is important for further comparative legal research. In modern legal systems, each country sets certain age requirements for participation in public life in the broadest sense (e.g., the age at which one may vote or run for office). Thanks to the ongoing research on Roman law, it will be possible to make comparative analyses and thus search for the Roman sources of contemporary laws. In this part, the research has a practical (comparative law) meaning.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130387828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of this study is conditioned upon the lack of specialized legal regulation concerning the breed of animals as an object of intellectual property, which considerably complicates the judicial protection of property and personal non-property rights. The purpose of this study was to investigate the civil legal protection of intellectual property rights for animal breeds in Ukraine, considering foreign practices. For the systematic study of Ukrainian and foreign legislation, formal-legal, logical-legal, comparative-legal, and other special methods were used. Through the analysis of the Ukrainian regulatory framework, it was found that the provisions of the patent legislation must be considered for the implementation of judicial protection of rights to animal breeds. The results of the study of the provisions of the specialized laws of Ukraine from the standpoint of civil legal protection of intellectual property rights were presented and the following methods of protection were highlighted, which by analogy can be applied to the animal breed: recognition of the right, change, or termination of the legal relationship, restoration of the position that existed before the violation of the right, recognition of the deed invalid, termination of infringing actions, compensation for damages and moral damage, forced performance of the obligation in kind. It was established that a special method of judicial protection of animal breed rights is the application of a one-time penalty in the form of a certain amount of money instead of compensation for damages. Using a comparative legal analysis of foreign practices, namely in the Czech Republic, Bulgaria, and Kyrgyzstan, it was discovered that the legal protection of animal breed rights is primarily determined by the presence of a protective legal document, such as a patent or certificate. The theoretical value of this paper is that this study is the first to analyse the issue of judicial civil law protection of animal breeds as an object of intellectual property law in Ukraine, while also factoring in the foreign practices. The practical value is that the study results can be used to eliminate gaps and conflicts in the legal regulation of animal breeds as objects of intellectual property. The proposals expressed in this paper can be considered in the legislative initiatives.
{"title":"Judicial protection of intellectual property rights to animal breeds in civil proceedings (comparative legal aspect)","authors":"Mariia Golubei","doi":"10.31548/law/1.2023.09","DOIUrl":"https://doi.org/10.31548/law/1.2023.09","url":null,"abstract":"The relevance of this study is conditioned upon the lack of specialized legal regulation concerning the breed of animals as an object of intellectual property, which considerably complicates the judicial protection of property and personal non-property rights. The purpose of this study was to investigate the civil legal protection of intellectual property rights for animal breeds in Ukraine, considering foreign practices. For the systematic study of Ukrainian and foreign legislation, formal-legal, logical-legal, comparative-legal, and other special methods were used. Through the analysis of the Ukrainian regulatory framework, it was found that the provisions of the patent legislation must be considered for the implementation of judicial protection of rights to animal breeds. The results of the study of the provisions of the specialized laws of Ukraine from the standpoint of civil legal protection of intellectual property rights were presented and the following methods of protection were highlighted, which by analogy can be applied to the animal breed: recognition of the right, change, or termination of the legal relationship, restoration of the position that existed before the violation of the right, recognition of the deed invalid, termination of infringing actions, compensation for damages and moral damage, forced performance of the obligation in kind. It was established that a special method of judicial protection of animal breed rights is the application of a one-time penalty in the form of a certain amount of money instead of compensation for damages. Using a comparative legal analysis of foreign practices, namely in the Czech Republic, Bulgaria, and Kyrgyzstan, it was discovered that the legal protection of animal breed rights is primarily determined by the presence of a protective legal document, such as a patent or certificate. The theoretical value of this paper is that this study is the first to analyse the issue of judicial civil law protection of animal breeds as an object of intellectual property law in Ukraine, while also factoring in the foreign practices. The practical value is that the study results can be used to eliminate gaps and conflicts in the legal regulation of animal breeds as objects of intellectual property. The proposals expressed in this paper can be considered in the legislative initiatives.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123721708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the subject under study is conditioned upon the rapid and active development of the biotechnological area. This segment of the economy and science requires not only comprehensive preliminary work, but also further legal protection of the interests of inventors and society. The development of biotechnologies regulates not only the present, but also the prospects for the future. But it is important to harmonize the use of biological processes to avoid a biological catastrophe. The purpose of this study was to investigate the possible legal instruments for limiting the patent-protected powers of subjects of intellectual property law to guarantee biological safety. The following methods were used to collect, process, and present information in this paper: general scientific (formal-logical, analysis and synthesis, comparison, induction and deduction, systematization) and special-legal methods (formal-legal, comparative-legal). This study considered the possibility of limiting the rights granted to the subjects of patenting to guarantee biological safety. International and Ukrainian legislation was analysed in the aspect of patenting biotechnological achievements, compulsory patenting and restrictions on the rights of patenting subjects. The legal nature of biotechnologies as objects of intellectual property rights was identified. Legal measures to restrict the patent-protected powers of subjects of intellectual property rights were highlighted. Attention was drawn to the legal consolidation of the resolution of controversial issues in the field of patenting of biotechnological inventions according to the criteria of ethics and morality. The need to improve the national legislation governing issues of biotechnological research considering the principle of sustainable development, according to which social and ecological aspects should be recognized as a priority, was substantiated. The importance of this study is reinforced by the increased demand for biotechnologies, which leads to certain legal actions related to their protection. The present paper will be useful for scientists in the field of law, medicine, and bioengineering.
{"title":"Guaranteeing biological safety as a basis for limiting the patent-protected rights of intellectual property subjects","authors":"O. Piddubny, M. Deineha","doi":"10.31548/law/1.2023.77","DOIUrl":"https://doi.org/10.31548/law/1.2023.77","url":null,"abstract":"The relevance of the subject under study is conditioned upon the rapid and active development of the biotechnological area. This segment of the economy and science requires not only comprehensive preliminary work, but also further legal protection of the interests of inventors and society. The development of biotechnologies regulates not only the present, but also the prospects for the future. But it is important to harmonize the use of biological processes to avoid a biological catastrophe. The purpose of this study was to investigate the possible legal instruments for limiting the patent-protected powers of subjects of intellectual property law to guarantee biological safety. The following methods were used to collect, process, and present information in this paper: general scientific (formal-logical, analysis and synthesis, comparison, induction and deduction, systematization) and special-legal methods (formal-legal, comparative-legal). This study considered the possibility of limiting the rights granted to the subjects of patenting to guarantee biological safety. International and Ukrainian legislation was analysed in the aspect of patenting biotechnological achievements, compulsory patenting and restrictions on the rights of patenting subjects. The legal nature of biotechnologies as objects of intellectual property rights was identified. Legal measures to restrict the patent-protected powers of subjects of intellectual property rights were highlighted. Attention was drawn to the legal consolidation of the resolution of controversial issues in the field of patenting of biotechnological inventions according to the criteria of ethics and morality. The need to improve the national legislation governing issues of biotechnological research considering the principle of sustainable development, according to which social and ecological aspects should be recognized as a priority, was substantiated. The importance of this study is reinforced by the increased demand for biotechnologies, which leads to certain legal actions related to their protection. The present paper will be useful for scientists in the field of law, medicine, and bioengineering.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1441 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130029630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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