The relevance of the study lies in the assessment and analysis of the decision of the Constitutional Court of Ukraine on the application of the provisions of Articles 81, 82 of the Criminal Code of Ukraine, which are unconstitutional because they violate the personal rights of those sentenced to life imprisonment because they cannot be applied. The decision on unconstitutionality is commensurate with the convention requirements due to the practice of the European Court. The purpose of the study is to examine the specific features of the decision of the Constitutional Court of Ukraine regarding the compliance of articles of criminal legislation with the Constitution of Ukraine, to analyse the functioning of the institution of clemency in international experience, to examine the practice of the European Court of Human Rights regarding the parole of persons sentenced to life imprisonment. The methods used to examine the subject are: comparative, legal recognition, logical and legal, hermeneutical, analysis methods. Among the results of the study are the determination of the fact of violation of the constitutional rights of convicts due to the lack of prospects for release from punishment; characteristics of the court's decision on the admissibility of the provisions of criminal legislation, considering convention requirements; disclosure of human rights violations by comparing life imprisonment with the end of a person's life cycle; analysis of the practice of the European Court regarding the Prohibition of the use of life imprisonment. The paper also suggests ways to solve these problems. It is proved that the decision of the Constitutional Court of Ukraine satisfies the Convention requirements. The provisions disclosed in the study will be useful for analysing court decisions and creating recommendations for overcoming gaps in criminal legislation to harmonise it with the Constitution of Ukraine and comply with its obligations to protect human rights and dignity.
{"title":"DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE ON THE CONSTITUTIONALITY OF ARTICLES 81, 82 OF THE CRIMINAL CODE OF UKRAINE IN THE PRACTICAL USE OF THE EUROPEAN COURT OF HUMAN RIGHTS","authors":"Y. Surzik","doi":"10.31548/law2022.03.008","DOIUrl":"https://doi.org/10.31548/law2022.03.008","url":null,"abstract":"The relevance of the study lies in the assessment and analysis of the decision of the Constitutional Court of Ukraine on the application of the provisions of Articles 81, 82 of the Criminal Code of Ukraine, which are unconstitutional because they violate the personal rights of those sentenced to life imprisonment because they cannot be applied. The decision on unconstitutionality is commensurate with the convention requirements due to the practice of the European Court. The purpose of the study is to examine the specific features of the decision of the Constitutional Court of Ukraine regarding the compliance of articles of criminal legislation with the Constitution of Ukraine, to analyse the functioning of the institution of clemency in international experience, to examine the practice of the European Court of Human Rights regarding the parole of persons sentenced to life imprisonment. The methods used to examine the subject are: comparative, legal recognition, logical and legal, hermeneutical, analysis methods. Among the results of the study are the determination of the fact of violation of the constitutional rights of convicts due to the lack of prospects for release from punishment; characteristics of the court's decision on the admissibility of the provisions of criminal legislation, considering convention requirements; disclosure of human rights violations by comparing life imprisonment with the end of a person's life cycle; analysis of the practice of the European Court regarding the Prohibition of the use of life imprisonment. The paper also suggests ways to solve these problems. It is proved that the decision of the Constitutional Court of Ukraine satisfies the Convention requirements. The provisions disclosed in the study will be useful for analysing court decisions and creating recommendations for overcoming gaps in criminal legislation to harmonise it with the Constitution of Ukraine and comply with its obligations to protect human rights and dignity.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133250994","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 is due to the Draft Law of Ukraine “On amendments to the Law of Ukraine ‘On Prevention and Counteraction to Domestic Violence’ on Improving the Mechanism of Prevention and Counteraction to Domestic Violence” submitted to the Verkhovna Rada of Ukraine in September 2021, which provides for the introduction of a “blue cards” system in Ukraine similar to that in the Republic of Poland. The purpose of the study is to review promising opportunities for introducing foreign experience in preventing domestic violence into Ukrainian legislation. The research methods were: comparative legal, system, analysis, and synthesis. The results of the study determined that criminal liability for committing domestic violence in Ukraine and the Republic of Poland is characterised by the same degree of punishment, namely, it provides for imprisonment for a certain period of time. It is argued that Ukraine has been actively working in recent years to adopt positive foreign experience in preventing and countering domestic violence. It was identified that the draft Law of Ukraine “On Prevention and Counteraction to Domestic Violence” on improving the mechanism for preventing and countering domestic violence” confirms Ukraine's focus on effectively countering any manifestations of domestic violence. It is concluded that the adoption of the draft law is important and relevant in the current conditions, but simultaneously the need for changes is justified, including regarding the powers of subjects of countering domestic violence – representatives of the National Police of Ukraine. The practical value of the study lies in the fact that its results can serve as recommendations for improving the current legislation in terms of preventing domestic violence.
{"title":"FEATURES OF THE “BLUE CARDS” SYSTEM AS AN EFFECTIVE MECHANISM FOR PREVENTING DOMESTIC VIOLENCE IN UKRAINE (BASED ON THE EXPERIENCE OF THE REPUBLIC OF POLAND)","authors":"O. Yara","doi":"10.31548/law2022.03.010","DOIUrl":"https://doi.org/10.31548/law2022.03.010","url":null,"abstract":"The relevance of the subject is due to the Draft Law of Ukraine “On amendments to the Law of Ukraine ‘On Prevention and Counteraction to Domestic Violence’ on Improving the Mechanism of Prevention and Counteraction to Domestic Violence” submitted to the Verkhovna Rada of Ukraine in September 2021, which provides for the introduction of a “blue cards” system in Ukraine similar to that in the Republic of Poland. The purpose of the study is to review promising opportunities for introducing foreign experience in preventing domestic violence into Ukrainian legislation. The research methods were: comparative legal, system, analysis, and synthesis. The results of the study determined that criminal liability for committing domestic violence in Ukraine and the Republic of Poland is characterised by the same degree of punishment, namely, it provides for imprisonment for a certain period of time. It is argued that Ukraine has been actively working in recent years to adopt positive foreign experience in preventing and countering domestic violence. It was identified that the draft Law of Ukraine “On Prevention and Counteraction to Domestic Violence” on improving the mechanism for preventing and countering domestic violence” confirms Ukraine's focus on effectively countering any manifestations of domestic violence. It is concluded that the adoption of the draft law is important and relevant in the current conditions, but simultaneously the need for changes is justified, including regarding the powers of subjects of countering domestic violence – representatives of the National Police of Ukraine. The practical value of the study lies in the fact that its results can serve as recommendations for improving the current legislation in terms of preventing domestic violence.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123800860","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 : 2022-09-16DOI: 10.31548/10.31548/law2022.03.003
I. Deinega, M. Deineha
The study deals with one of the most pressing problems of the educational policy of Ukraine – the introduction of Inclusive education – an education system that assimilates the needs of a diverse range of applicants and is aimed at meeting their needs. This subject is extremely relevant, since it is poorly researched within the framework of Ukrainian legal science, and the provisions of the legislation on certain issues require more active practical implementation. In this regard, the educational system of the state should be reformed primarily based on an approved national barrier-free strategy. In the context of the outlined area of educational policy development, the purpose of this study is to analyse the national regulatory framework in the field of barrier-free and inclusive education for compliance with international and European standards, reconsider the already implemented policy and practice of ensuring the educational process for people with special educational needs. The methodological basis of the study was the dialectical method of scientific knowledge, general scientific (formal-logical, analysis, and synthesis), and special-legal (formal-legal) methods. The study analyses international, European, and Ukrainian legislation regulating the introduction of a barrier-free educational environment and inclusive education. According to the results of the study, it is established that barrier-free and inclusivity are values that should become the foundation of modern educational policy. It is discovered that Ukraine is already taking certain organisational and legal steps defined by ratified international and European acts to create a barrier-free educational environment and increase the level of inclusivity in Ukrainian society, but this is not enough. It is proved that the priority task remains to adapt the legislation and practice of Ukraine to the requirements of international and European standards. The study attempts to provide a theoretical justification for the implementation of the barrier-free policy and the concept of inclusive education in the field of higher education in Ukraine. The study offers areas for implementing a national strategy and practice that can prepare the basis for the successful implementation of inclusive education in Ukraine.
{"title":"IMPLEMENTATION OF THE RIGHT OF ACCESS TO HIGHER EDUCATION: BARRIER-FREE AND INCLUSIVE EDUCATION POLICY IN INTERNATIONAL DOCUMENTS AND ACTS OF NATIONAL LEGISLATION","authors":"I. Deinega, M. Deineha","doi":"10.31548/10.31548/law2022.03.003","DOIUrl":"https://doi.org/10.31548/10.31548/law2022.03.003","url":null,"abstract":"The study deals with one of the most pressing problems of the educational policy of Ukraine – the introduction of Inclusive education – an education system that assimilates the needs of a diverse range of applicants and is aimed at meeting their needs. This subject is extremely relevant, since it is poorly researched within the framework of Ukrainian legal science, and the provisions of the legislation on certain issues require more active practical implementation. In this regard, the educational system of the state should be reformed primarily based on an approved national barrier-free strategy. In the context of the outlined area of educational policy development, the purpose of this study is to analyse the national regulatory framework in the field of barrier-free and inclusive education for compliance with international and European standards, reconsider the already implemented policy and practice of ensuring the educational process for people with special educational needs. The methodological basis of the study was the dialectical method of scientific knowledge, general scientific (formal-logical, analysis, and synthesis), and special-legal (formal-legal) methods. The study analyses international, European, and Ukrainian legislation regulating the introduction of a barrier-free educational environment and inclusive education. According to the results of the study, it is established that barrier-free and inclusivity are values that should become the foundation of modern educational policy. It is discovered that Ukraine is already taking certain organisational and legal steps defined by ratified international and European acts to create a barrier-free educational environment and increase the level of inclusivity in Ukrainian society, but this is not enough. It is proved that the priority task remains to adapt the legislation and practice of Ukraine to the requirements of international and European standards. The study attempts to provide a theoretical justification for the implementation of the barrier-free policy and the concept of inclusive education in the field of higher education in Ukraine. The study offers areas for implementing a national strategy and practice that can prepare the basis for the successful implementation of inclusive education in Ukraine.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125906746","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 chosen subject is due to the full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, and the introduction of martial law, which has already been extended several times. In this regard, business entities require certain support measures to preserve the economic potential of the state. The purpose of the study is to review the capabilities of local self-government bodies to support small, medium, and large businesses under martial law in Ukraine. The research methods were: comparative, system-structural, and formal-legal. The results of the study determined that the state and local government bodies from the first days of the war took and continue to take organisational and legal measures to support all business entities in conducting their business on the territory of Ukraine under martial law. It was identified that the legislative and executive authorities have adopted a number of legal regulations and bylaws aimed at introducing tax benefits and compensations for the maintenance of internally displaced persons, developing mechanisms for the relocation of those business entities that do not have the physical ability to continue operating in the temporarily occupied territories or in the territories where active military operations were conducted or are being conducted. The substantial involvement of local self-government bodies (on the example of the Kyiv City Council) in the development of measures to support business entities that conduct their commercial activities in the relevant administrative-territorial unit is argued. Thus, the decisions of the Kyiv City Council introduced a number of benefits aimed at: exemption from the payment of rent of communal property by such entities, partial exemption from payment for parking, exemption from land tax and rent for land by those entities (with the list fixed by the decision of the Kyiv council) that use land plots to accommodate their premises, which are used for the needs of national resistance, protection, public order, food security. The materials of this study can be useful in the investigation of the disciplines of “Economic Law”, “Municipal Law”, “Administrative Law”.
{"title":"FEATURES OF SUPPORT OF BUSINESS ENTITIES BY STATE AND LOCAL AUTHORITIES UNDER MARTIAL LAW IN UKRAINE","authors":"O. Uliutina","doi":"10.31548/law2022.03.009","DOIUrl":"https://doi.org/10.31548/law2022.03.009","url":null,"abstract":"The relevance of the chosen subject is due to the full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, and the introduction of martial law, which has already been extended several times. In this regard, business entities require certain support measures to preserve the economic potential of the state. The purpose of the study is to review the capabilities of local self-government bodies to support small, medium, and large businesses under martial law in Ukraine. The research methods were: comparative, system-structural, and formal-legal. The results of the study determined that the state and local government bodies from the first days of the war took and continue to take organisational and legal measures to support all business entities in conducting their business on the territory of Ukraine under martial law. It was identified that the legislative and executive authorities have adopted a number of legal regulations and bylaws aimed at introducing tax benefits and compensations for the maintenance of internally displaced persons, developing mechanisms for the relocation of those business entities that do not have the physical ability to continue operating in the temporarily occupied territories or in the territories where active military operations were conducted or are being conducted. The substantial involvement of local self-government bodies (on the example of the Kyiv City Council) in the development of measures to support business entities that conduct their commercial activities in the relevant administrative-territorial unit is argued. Thus, the decisions of the Kyiv City Council introduced a number of benefits aimed at: exemption from the payment of rent of communal property by such entities, partial exemption from payment for parking, exemption from land tax and rent for land by those entities (with the list fixed by the decision of the Kyiv council) that use land plots to accommodate their premises, which are used for the needs of national resistance, protection, public order, food security. The materials of this study can be useful in the investigation of the disciplines of “Economic Law”, “Municipal Law”, “Administrative Law”.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"28 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121346252","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 study analyses the current process of amber mining and assesses the legal consequences of illegal activities in the amber mining industry. The relevance of the study is due to the deterioration of the socio-economic aspect of the life of Ukrainian citizens due to the unauthorised extraction of raw materials. The existing fact determines the purpose of the study, namely: the analysis of legal preventive measures and the system of liability norms, in particular, for non-state mining of fossilised resin. The research uses the following methods of searching, processing and presentation of Information: general scientific (formal-logical, analysis and synthesis, concretisation and abstraction, and induction and deduction methods) and special-legal methods (formal-legal, comparative-legal, and method of interpretation of legal provisions). The paper highlights the main gaps in the regulations for amber mining and tort obligations. Based on the results, the main area for changes was established: strengthening responsibility for illegal amber mining, in particular, introducing a state monopoly on its extraction, stopping non-state extraction of valuable resin. The conclusions of the study emphasise that the issue under study also requires the examination of natural aspects of geology, geomorphology, palaeogeography, biology, and the ecology of amber mining sites in general, so only a comprehensive solution to the issues of legalising amber mining at the state level will allow bringing the industry to international standards for mining. The results of the study can be useful for researchers in the field of law, geology, ecology, and biology. Ultimately, the necessary changes in the process of legalising amber mining relate not only to legal aspects. For example, one of the measures aimed at a positive result is the implementation of reclamation processes in the amber mining areas.
{"title":"“AMBER ISSUE” IN UKRAINE: PREVENTION AND CONSEQUENCES","authors":"I. Lebid, O. Piddubny","doi":"10.31548/law2022.03.004","DOIUrl":"https://doi.org/10.31548/law2022.03.004","url":null,"abstract":"The study analyses the current process of amber mining and assesses the legal consequences of illegal activities in the amber mining industry. The relevance of the study is due to the deterioration of the socio-economic aspect of the life of Ukrainian citizens due to the unauthorised extraction of raw materials. The existing fact determines the purpose of the study, namely: the analysis of legal preventive measures and the system of liability norms, in particular, for non-state mining of fossilised resin. The research uses the following methods of searching, processing and presentation of Information: general scientific (formal-logical, analysis and synthesis, concretisation and abstraction, and induction and deduction methods) and special-legal methods (formal-legal, comparative-legal, and method of interpretation of legal provisions). The paper highlights the main gaps in the regulations for amber mining and tort obligations. Based on the results, the main area for changes was established: strengthening responsibility for illegal amber mining, in particular, introducing a state monopoly on its extraction, stopping non-state extraction of valuable resin. The conclusions of the study emphasise that the issue under study also requires the examination of natural aspects of geology, geomorphology, palaeogeography, biology, and the ecology of amber mining sites in general, so only a comprehensive solution to the issues of legalising amber mining at the state level will allow bringing the industry to international standards for mining. The results of the study can be useful for researchers in the field of law, geology, ecology, and biology. Ultimately, the necessary changes in the process of legalising amber mining relate not only to legal aspects. For example, one of the measures aimed at a positive result is the implementation of reclamation processes in the amber mining areas.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123693452","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}
Global trends are now focused on such challenges as climate change, food security, the development of biotechnology and genetic engineering, and the transition to non-conventional fuels. The problems of promoting each of them in the global world are related to the need for free agricultural potential, the availability of effective and unified legal regulation, first of all, of breeding achievements in animal husbandry regarding the intellectual property rights of breeders, its protection both during life and for heirs, since a patent for an animal breed is an indisputable right of the inventor, which acts as a kind of legal monopoly, the provision of which is guaranteed by the state, and patent protection negates commercial use in the absence of the consent of its owner. The purpose of the study is to analyse certain issues of legal regulation of intellectual property rights to breeding achievements in animal husbandry in Ukraine and proposals for its improvement through the implementation of the global experience. The research methods were chosen considering the goals and objectives. During the research, philosophical (hermeneutical), general scientific (logical, generalisation, praxeological, modelling, predictive, and bibliographic), and special legal (formal-legal, comparative-legal) methods of scientific knowledge were used. The study examines the current state of breeding achievements in animal husbandry and the legal basis for regulating its establishment, protection, and the possibility of inclusion in the breeder's inherited property. Problematic issues in the legal framework for the establishment and implementation of intellectual property rights to breeding achievements in animal husbandry, ways to eliminate relevant conflicts are proposed. The study analyses the international experience in processing law enforcement documents for breeders and the possibility of protecting their rights. The research materials can be useful for lawyers-researchers, business entities engaged in breeding in animal husbandry, teachers, postgraduates, students of law schools, civil servants, and all those who are not indifferent to the issues under study.
{"title":"BREEDING ACHIEVEMENT IN ANIMAL HUSBANDRY AS AN OBJECT OF INTELLECTUAL PROPERTY RIGHTS AND AN OBJECT OF INHERITANCE IN UKRAINE AND THE WORLD","authors":"I. Horislavska","doi":"10.31548/law2022.03.002","DOIUrl":"https://doi.org/10.31548/law2022.03.002","url":null,"abstract":"Global trends are now focused on such challenges as climate change, food security, the development of biotechnology and genetic engineering, and the transition to non-conventional fuels. The problems of promoting each of them in the global world are related to the need for free agricultural potential, the availability of effective and unified legal regulation, first of all, of breeding achievements in animal husbandry regarding the intellectual property rights of breeders, its protection both during life and for heirs, since a patent for an animal breed is an indisputable right of the inventor, which acts as a kind of legal monopoly, the provision of which is guaranteed by the state, and patent protection negates commercial use in the absence of the consent of its owner. The purpose of the study is to analyse certain issues of legal regulation of intellectual property rights to breeding achievements in animal husbandry in Ukraine and proposals for its improvement through the implementation of the global experience. The research methods were chosen considering the goals and objectives. During the research, philosophical (hermeneutical), general scientific (logical, generalisation, praxeological, modelling, predictive, and bibliographic), and special legal (formal-legal, comparative-legal) methods of scientific knowledge were used. The study examines the current state of breeding achievements in animal husbandry and the legal basis for regulating its establishment, protection, and the possibility of inclusion in the breeder's inherited property. Problematic issues in the legal framework for the establishment and implementation of intellectual property rights to breeding achievements in animal husbandry, ways to eliminate relevant conflicts are proposed. The study analyses the international experience in processing law enforcement documents for breeders and the possibility of protecting their rights. The research materials can be useful for lawyers-researchers, business entities engaged in breeding in animal husbandry, teachers, postgraduates, students of law schools, civil servants, and all those who are not indifferent to the issues under study.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116891739","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 study is devoted to the investigation of the state of legal regulation of the organisation of labour protection in farms of Ukraine. The relevance of the work is due to the need to increase the level of protection of persons engaged in the activities of farms from the influence of harmful and dangerous industrial factors, to reduce the level of industrial injuries in this area. The purpose of the study is to examine the achievements of legal science and analyse the current state of regulatory regulation of relations in the field of labour protection organisation in farms to identify key problematic issues and develop proposals for their solution. The following methods of scientific knowledge are used to achieve this goal: dialectical, analysis, formal legal, and comparative legal methods. As a result of the study, it was concluded that the organisation of labour protection in farms is unsatisfactory. A number of changes are proposed to the legislation regarding the method of organising labour protection on small farms and those where hired labour is not used to improve the situation, in particular, regarding the possibility of assigning the duties of the labour protection service to a member (members) of a farm. The procedure for granting such powers is defined. The necessity to expand the range of issues that are included in the training programmes on labour protection for managers of enterprises, in particular, heads of farms, is justified. Namely, to introduce a mandatory investigation of: systems and standards of health management and ensuring the safety of employees; features of introducing a risk-oriented approach to the organisation of labour protection. Proposals for the implementation of information and advisory projects (using internet technologies) for labour protection specialists are formulated. Further work in the field of reforming the legislation on the organisation of labour protection in farms (both in theoretical and practical terms) should be focused on the preparation of normative acts that would define a clear simple algorithm of actions for the heads of farms to ensure law enforcement work, considering the specific features of this form of business activity of citizens. The conclusions obtained in the study will be useful for lawmakers when developing regulations on labour protection in agriculture, and for researchers when investigating the problems of labour protection relations in this area.
{"title":"ORGANISATION OF LABOUR PROTECTION IN FARMS: CERTAIN ASPECTS OF LEGAL REGULATION","authors":"T. Novak","doi":"10.31548/law2022.03.006","DOIUrl":"https://doi.org/10.31548/law2022.03.006","url":null,"abstract":"The study is devoted to the investigation of the state of legal regulation of the organisation of labour protection in farms of Ukraine. The relevance of the work is due to the need to increase the level of protection of persons engaged in the activities of farms from the influence of harmful and dangerous industrial factors, to reduce the level of industrial injuries in this area. The purpose of the study is to examine the achievements of legal science and analyse the current state of regulatory regulation of relations in the field of labour protection organisation in farms to identify key problematic issues and develop proposals for their solution. The following methods of scientific knowledge are used to achieve this goal: dialectical, analysis, formal legal, and comparative legal methods. As a result of the study, it was concluded that the organisation of labour protection in farms is unsatisfactory. A number of changes are proposed to the legislation regarding the method of organising labour protection on small farms and those where hired labour is not used to improve the situation, in particular, regarding the possibility of assigning the duties of the labour protection service to a member (members) of a farm. The procedure for granting such powers is defined. The necessity to expand the range of issues that are included in the training programmes on labour protection for managers of enterprises, in particular, heads of farms, is justified. Namely, to introduce a mandatory investigation of: systems and standards of health management and ensuring the safety of employees; features of introducing a risk-oriented approach to the organisation of labour protection. Proposals for the implementation of information and advisory projects (using internet technologies) for labour protection specialists are formulated. Further work in the field of reforming the legislation on the organisation of labour protection in farms (both in theoretical and practical terms) should be focused on the preparation of normative acts that would define a clear simple algorithm of actions for the heads of farms to ensure law enforcement work, considering the specific features of this form of business activity of citizens. The conclusions obtained in the study will be useful for lawmakers when developing regulations on labour protection in agriculture, and for researchers when investigating the problems of labour protection relations in this area.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133063791","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 globalization of the world community has contributed to qualitative changes in the socio-economic sphere, which has led to the transformation of crime in the Republic of Azerbaijan. Nowadays, forensic expertise has become a key tool in the process of administering justice. Criminal proceedings are no exception. Application of special knowledge in the process of revealing and investigating crimes, providing the right for defense and representing the rights of victims has a special importance in building a legal and democratic society in Azerbaijan. Accreditation of forensic laboratories is a prerequisite for determining the criteria for assessing the quality of forensic activities in the Republic of Azerbaijan. The purpose of the scientific research is to identify the criteria for assessing the quality of forensic activities in the Republic of Azerbaijan, in comparison with other countries of the globe. To achieve this goal, a system of philosophical, general scientific and special scientific methods (comparison, description, analysis and synthesis, induction, deduction and analogy, abstraction, generalization, systematic approach and others) was used. Theoretical, normative-legal and practical problems of formation and application of criteria of forensic activity quality assessment in the Republic of Azerbaijan were examined. The study showed that the problems of determining the criteria for assessing the quality and accreditation of forensic activities were not properly ensured due to the imperfections of the current legislation in the Republic of Azerbaijan. The study resulted in the developing indicators to assess the quality of forensic institutions, such as regulatory, methodological, organizational. The practical value of the research lies in the presentation of a detailed analysis of the experience of implementing new approaches of courts of expertise in countries with different courts of occupation. The study is of practical interest to the judicial system officials involved in the development of the legal framework for conducting court cases.
{"title":"CRITERIA FOR ASSESSING THE QUALITY OF FORENSIC ACTIVITIES IN DIFFERENT COUNTRIES OF THE WORLD","authors":"N. Abbasov","doi":"10.31548/law2022.03.001","DOIUrl":"https://doi.org/10.31548/law2022.03.001","url":null,"abstract":"The globalization of the world community has contributed to qualitative changes in the socio-economic sphere, which has led to the transformation of crime in the Republic of Azerbaijan. Nowadays, forensic expertise has become a key tool in the process of administering justice. Criminal proceedings are no exception. Application of special knowledge in the process of revealing and investigating crimes, providing the right for defense and representing the rights of victims has a special importance in building a legal and democratic society in Azerbaijan. Accreditation of forensic laboratories is a prerequisite for determining the criteria for assessing the quality of forensic activities in the Republic of Azerbaijan. The purpose of the scientific research is to identify the criteria for assessing the quality of forensic activities in the Republic of Azerbaijan, in comparison with other countries of the globe. To achieve this goal, a system of philosophical, general scientific and special scientific methods (comparison, description, analysis and synthesis, induction, deduction and analogy, abstraction, generalization, systematic approach and others) was used. Theoretical, normative-legal and practical problems of formation and application of criteria of forensic activity quality assessment in the Republic of Azerbaijan were examined. The study showed that the problems of determining the criteria for assessing the quality and accreditation of forensic activities were not properly ensured due to the imperfections of the current legislation in the Republic of Azerbaijan. The study resulted in the developing indicators to assess the quality of forensic institutions, such as regulatory, methodological, organizational. The practical value of the research lies in the presentation of a detailed analysis of the experience of implementing new approaches of courts of expertise in countries with different courts of occupation. The study is of practical interest to the judicial system officials involved in the development of the legal framework for conducting court cases.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133582066","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 study is devoted to the examination of the essence of judicial protection of environmental human rights and the definition of the concept of “judicial protection of human rights”. The relevance of the study is due to the importance of the subject of judicial protection of environmental rights in war conditions. In the context of the implementation of the purpose of the study, the issues of judicial protection of environmental human rights in general and in war conditions, the study of legal doctrine and legislation in the relevant field, considering the judicial practice of resolving relevant disputes, are identified. During the study of the issue of judicial protection of environmental human rights, a comparative legal method was used, which helped to analyse and compare scientific views, theories, and approaches and consider problematic issues for their further solution. Due to the generalisation method, forecasting or proposing statements for improving the legal regulation of the protection of environmental human rights is applied, and due to the analysis method, the features of the principles of legal regulation of the protection of environmental rights are determined. In addition, the study is accompanied by quoting normative regulations, in particular, international treaties, which regulate all events that are currently taking place between Ukraine, the Russian Federation, and Belarus, but notes the non-fulfilment of such international treaties by Belarus and the Russian Federation. The study analyses the opinions of researchers in the field of environmental rights protection, which generally characterise the judicial practice of considering environmental disputes and emphasises the need to increase public activity in the protection of violated environmental rights. The study considers the practice of judicial protection of environmental human rights and describes the problems that exist in the context of the protection of environmental human rights. The specific features of judicial protection of environmental human rights are identified and the main examples of substantial violations of environmental human rights during the war with the Russian Federation are indicated, it is indicated what actions of the Russian Federation and Belarus caused damage to Ukraine in the field of environmental safety, with direct indication of specific objects that were hit by military equipment, as a result of which there is still a risk of environmental disasters not only in Ukraine but also in neighbouring countries. The proposals for improving the judicial protection of environmental rights outlined in this study are unique and effective for compiling scientific texts and conducting classes in the relevant field of law.
{"title":"THE CONCEPT AND ESSENCE OF JUDICIAL PROTECTION OF ENVIRONMENTAL HUMAN RIGHTS","authors":"A. Mykytyuk","doi":"10.31548/law2022.03.005","DOIUrl":"https://doi.org/10.31548/law2022.03.005","url":null,"abstract":"The study is devoted to the examination of the essence of judicial protection of environmental human rights and the definition of the concept of “judicial protection of human rights”. The relevance of the study is due to the importance of the subject of judicial protection of environmental rights in war conditions. In the context of the implementation of the purpose of the study, the issues of judicial protection of environmental human rights in general and in war conditions, the study of legal doctrine and legislation in the relevant field, considering the judicial practice of resolving relevant disputes, are identified. During the study of the issue of judicial protection of environmental human rights, a comparative legal method was used, which helped to analyse and compare scientific views, theories, and approaches and consider problematic issues for their further solution. Due to the generalisation method, forecasting or proposing statements for improving the legal regulation of the protection of environmental human rights is applied, and due to the analysis method, the features of the principles of legal regulation of the protection of environmental rights are determined. In addition, the study is accompanied by quoting normative regulations, in particular, international treaties, which regulate all events that are currently taking place between Ukraine, the Russian Federation, and Belarus, but notes the non-fulfilment of such international treaties by Belarus and the Russian Federation. The study analyses the opinions of researchers in the field of environmental rights protection, which generally characterise the judicial practice of considering environmental disputes and emphasises the need to increase public activity in the protection of violated environmental rights. The study considers the practice of judicial protection of environmental human rights and describes the problems that exist in the context of the protection of environmental human rights. The specific features of judicial protection of environmental human rights are identified and the main examples of substantial violations of environmental human rights during the war with the Russian Federation are indicated, it is indicated what actions of the Russian Federation and Belarus caused damage to Ukraine in the field of environmental safety, with direct indication of specific objects that were hit by military equipment, as a result of which there is still a risk of environmental disasters not only in Ukraine but also in neighbouring countries. The proposals for improving the judicial protection of environmental rights outlined in this study are unique and effective for compiling scientific texts and conducting classes in the relevant field of law.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126908810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In any democratic country, special attention is paid to health protection, as a result of which, through organisational, financial, economic, and legal institutions, the state ensures and maintains the health protection of the population at the sufficient level. The purpose of the study is to examine the existing problems in the field of providing the population of Ukraine with high-quality medical drugs. The research methodology is a set of cognitive tools and methods, the use of which allowed for obtaining the most objective information about the existing problem processes and phenomena in the field of providing the population of Ukraine with high-quality medicines. Considering the critical state of the health care sector of the population of Ukraine, the study analyses legal regulations that focus on problematic issues in the health care sector of Ukraine. Attention is drawn to the need to provide the population of Ukraine with affordable and high-quality medicines that must meet the best European and international standards. Statistical data on the facts of the detection of counterfeit medicines are presented, and actors on this issue are analysed. It is noted that counterfeit and falsified medicines cause irreparable harm to the health of people all over the world, such illegal actions threaten the economy and security of the state, cause economic and financial damage to manufacturers of medical medicines, undermine their image, and harm the owners of intellectual property rights. It is noted that public relations in the field under study concern legal mechanisms related to unfair competition, which negatively affects the image of the state, and the activities of both Ukrainian and foreign business entities. It is noted that since intellectual property in its nature and content is closely linked to the growth of the economy, there is a need for more effective steps by the state to prevent violations of intellectual property rights. The results of the study, and parts of it, can be useful for both lawyers and government agencies that struggle with unfair competition in the field of medicines.
{"title":"COUNTERFEIT AND FALSIFIED MEDICINES: TODAY’S CHALLENGES AND SMART SOLUTIONS","authors":"O. Svitlichny","doi":"10.31548/law2022.03.007","DOIUrl":"https://doi.org/10.31548/law2022.03.007","url":null,"abstract":"In any democratic country, special attention is paid to health protection, as a result of which, through organisational, financial, economic, and legal institutions, the state ensures and maintains the health protection of the population at the sufficient level. The purpose of the study is to examine the existing problems in the field of providing the population of Ukraine with high-quality medical drugs. The research methodology is a set of cognitive tools and methods, the use of which allowed for obtaining the most objective information about the existing problem processes and phenomena in the field of providing the population of Ukraine with high-quality medicines. Considering the critical state of the health care sector of the population of Ukraine, the study analyses legal regulations that focus on problematic issues in the health care sector of Ukraine. Attention is drawn to the need to provide the population of Ukraine with affordable and high-quality medicines that must meet the best European and international standards. Statistical data on the facts of the detection of counterfeit medicines are presented, and actors on this issue are analysed. It is noted that counterfeit and falsified medicines cause irreparable harm to the health of people all over the world, such illegal actions threaten the economy and security of the state, cause economic and financial damage to manufacturers of medical medicines, undermine their image, and harm the owners of intellectual property rights. It is noted that public relations in the field under study concern legal mechanisms related to unfair competition, which negatively affects the image of the state, and the activities of both Ukrainian and foreign business entities. It is noted that since intellectual property in its nature and content is closely linked to the growth of the economy, there is a need for more effective steps by the state to prevent violations of intellectual property rights. The results of the study, and parts of it, can be useful for both lawyers and government agencies that struggle with unfair competition in the field of medicines.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"298 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123463608","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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