The relevance of the study is explained by the fact that in the society of the 21st century, which is constantly developing and changing, the processes of communication and learning have expanded to the online environment, gaining more and more territory. Social networking applications such as Facebook, Instagram, WhatsApp, Skype, Twitter, Tik Tok, Zoom, etc., allow people to stay in touch with others while identifying them as potential victims of online abuse. The European Court of Human Rights notes that cyberviolence is a form of domestic violence. The results of sociological studies and statistics demonstrate that the victims of domestic violence in the vast majority of cases are women, and therefore, the commission of cyberviolence threatens women. An analysis of recent publications demonstrates that cyberviolence as a form of domestic violence against women is an issue that is widely discussed by many professionals in the fields of law, psychology, sociology and education. Ukrainian legislation on the protection of women against domestic violence does not define cyberviolence as a form of domestic violence. At the same time, the analysis of judicial practice demonstrates that judges consider cyberviolence to be a form of domestic violence and prosecute the offender to administrative responsibility. All of this necessitates a theoretical exploration of the term “cyberviolence”, which would contribute to the legal definition of the phenomenon, distinguishing it from other concepts and developing efficient ways to prevent and counteract the perpetration of this act. The purpose of the study is the theoretical and legal analysis of the phenomenon of violence in cyberspace and its legal regulation in Ukrainian legislation. The efficient analysis of the research problems was provided by using the methods of interpretation of the law, legal modelling, technical-dogmatic, and comparative methods. In the context of the study, the definitions of cyberbullying and cyberviolence are examined and these concepts are distinguished. The author’s definition of cyberviolence is defined. To interpret cyberviolence as a form of domestic violence, the definitions of “psychological violence” and “sexual violence” given in the Law of Ukraine “On Preventing and Combating Domestic Violence” have been proposed to be improved. The foreign experience of cyberviolence regulation is studied, and it is proposed to identify the cyberviolence forms introduced by Romanian legislation among the cyberviolence forms in Ukrainian legislation. The theoretical provisions and conclusions proposed in the study are of significant value for the development of the theory of state and law in the area under study and for the improvement of the current legislation.
{"title":"THEORETICAL AND LEGAL ASPECT OF CYBERVIOLENCE AGAINST WOMEN","authors":"V. Medvedska","doi":"10.31548/law2022.02.003","DOIUrl":"https://doi.org/10.31548/law2022.02.003","url":null,"abstract":"The relevance of the study is explained by the fact that in the society of the 21st century, which is constantly developing and changing, the processes of communication and learning have expanded to the online environment, gaining more and more territory. Social networking applications such as Facebook, Instagram, WhatsApp, Skype, Twitter, Tik Tok, Zoom, etc., allow people to stay in touch with others while identifying them as potential victims of online abuse. The European Court of Human Rights notes that cyberviolence is a form of domestic violence. The results of sociological studies and statistics demonstrate that the victims of domestic violence in the vast majority of cases are women, and therefore, the commission of cyberviolence threatens women. An analysis of recent publications demonstrates that cyberviolence as a form of domestic violence against women is an issue that is widely discussed by many professionals in the fields of law, psychology, sociology and education. Ukrainian legislation on the protection of women against domestic violence does not define cyberviolence as a form of domestic violence. At the same time, the analysis of judicial practice demonstrates that judges consider cyberviolence to be a form of domestic violence and prosecute the offender to administrative responsibility. All of this necessitates a theoretical exploration of the term “cyberviolence”, which would contribute to the legal definition of the phenomenon, distinguishing it from other concepts and developing efficient ways to prevent and counteract the perpetration of this act. The purpose of the study is the theoretical and legal analysis of the phenomenon of violence in cyberspace and its legal regulation in Ukrainian legislation. The efficient analysis of the research problems was provided by using the methods of interpretation of the law, legal modelling, technical-dogmatic, and comparative methods. In the context of the study, the definitions of cyberbullying and cyberviolence are examined and these concepts are distinguished. The author’s definition of cyberviolence is defined. To interpret cyberviolence as a form of domestic violence, the definitions of “psychological violence” and “sexual violence” given in the Law of Ukraine “On Preventing and Combating Domestic Violence” have been proposed to be improved. The foreign experience of cyberviolence regulation is studied, and it is proposed to identify the cyberviolence forms introduced by Romanian legislation among the cyberviolence forms in Ukrainian legislation. The theoretical provisions and conclusions proposed in the study are of significant value for the development of the theory of state and law in the area under study and for the improvement of the current legislation.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129565002","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 research is devoted to the prospects of the development of labour legislation in the part of contractual regulation of labour relations. The relevance of the study is conditioned upon the necessity to update the regulatory framework governing labour relations, first of all, the relations on the conclusion, amendment, termination of labour contracts, and relations in the field of collective contractual regulation. The purpose of the study is to identify the risks and highlight the shortcomings of draft laws concerning the individual contractual regulation of labour relations, to analyse the prospects for the development of labour legislation on labour and collective agreements, and to develop the authors’ proposals to improve the state of legal regulation in this area. To achieve this purpose, the following scientific methods were used: dialectical, Aristotelian, analytical, formal-legal and comparative-legal. As a result of the study, the following priority measures to improve the contractual regulation of labour relations were identified. Ensuring that stakeholders are better informed about collective bargaining as a guarantee of employees’ rights (through the development of an information and advisory space, in particular, a virtual one). Intensification of the process of concluding collective agreements for maximum coverage of the employed population and employers, including individual entrepreneurs. Preventing the adoption of the proposed draft law No. 5371 as such, which by its scope may put employees of small and medium-sized enterprises in a worse position in terms of labour relations than employees who will not be subject to the contractual regime of regulation of labour relations. Further work in the area of labour law reform (both on the theoretical and practical levels) should concentrate on exploring options for regulating labour relations that would combine centralised, unified minimum guarantees for all participants in labour relations with special, possibly simplified, rules for particular categories (e.g. micro-enterprises). The generalisations can be used to develop draft regulations for labour law and can also be used to prepare research on the legal regulation of individual and collective labour relations.
{"title":"CONTRACTUAL REGULATION OF EMPLOYMENT RELATIONS: PROBLEMS AND PROSPECTS","authors":"T. Novak, Viktoriia Мelnyk","doi":"10.31548/law2022.02.004","DOIUrl":"https://doi.org/10.31548/law2022.02.004","url":null,"abstract":"The research is devoted to the prospects of the development of labour legislation in the part of contractual regulation of labour relations. The relevance of the study is conditioned upon the necessity to update the regulatory framework governing labour relations, first of all, the relations on the conclusion, amendment, termination of labour contracts, and relations in the field of collective contractual regulation. The purpose of the study is to identify the risks and highlight the shortcomings of draft laws concerning the individual contractual regulation of labour relations, to analyse the prospects for the development of labour legislation on labour and collective agreements, and to develop the authors’ proposals to improve the state of legal regulation in this area. To achieve this purpose, the following scientific methods were used: dialectical, Aristotelian, analytical, formal-legal and comparative-legal. As a result of the study, the following priority measures to improve the contractual regulation of labour relations were identified. Ensuring that stakeholders are better informed about collective bargaining as a guarantee of employees’ rights (through the development of an information and advisory space, in particular, a virtual one). Intensification of the process of concluding collective agreements for maximum coverage of the employed population and employers, including individual entrepreneurs. Preventing the adoption of the proposed draft law No. 5371 as such, which by its scope may put employees of small and medium-sized enterprises in a worse position in terms of labour relations than employees who will not be subject to the contractual regime of regulation of labour relations. Further work in the area of labour law reform (both on the theoretical and practical levels) should concentrate on exploring options for regulating labour relations that would combine centralised, unified minimum guarantees for all participants in labour relations with special, possibly simplified, rules for particular categories (e.g. micro-enterprises). The generalisations can be used to develop draft regulations for labour law and can also be used to prepare research on the legal regulation of individual and collective labour relations.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126988203","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 largely conditioned upon the full-scale invasion of the Russian Federation, which, regretfully, does not exclude cases of criminal offences regarding the disclosure of information constituting a state secret. The purpose of the study is to analyse some aspects of criminal liability for disclosure of state secrets in Ukraine and to identify, based on positive foreign experience, proposals for improving this institution in Ukraine. The research methods were: analysis and synthesis, dialectical, comparative legal, Aristotelian and formal-dogmatic. In the process of analysis, it was identified that at the legislative level in Ukraine, the protection of state secrets is regulated in detail, lists of information that may contain state secrets, and cases when information cannot be a state secret, no matter what. In addition, the Criminal Code of Ukraine defines adverse consequences in the form of criminal sanctions that may occur for persons who disclose information constituting a state secret. It is determined that the analysis of the provisions of the Criminal Code of Ukraine, and its correlation with the legal provisions of other regulations, including the study of international legislation, allows concluding that the criminal law provisions defining liability for violation of the state secret protection regime should be transferred to another section. The materials of this study can be used in consideration of the problems of criminal law, in law-making activities in the development of provisions for improving criminal liability for disclosure of information constituting a state secret in Ukraine.
{"title":"FEATURES OF CRIMINAL LIABILITY FOR DISCLOSURE OF INFORMATION CONSTITUTING A STATE SECRET IN UKRAINE AND FOREIGN COUNTRIES","authors":"O. Yara","doi":"10.31548/law2022.02.009","DOIUrl":"https://doi.org/10.31548/law2022.02.009","url":null,"abstract":"The relevance of the subject is largely conditioned upon the full-scale invasion of the Russian Federation, which, regretfully, does not exclude cases of criminal offences regarding the disclosure of information constituting a state secret. The purpose of the study is to analyse some aspects of criminal liability for disclosure of state secrets in Ukraine and to identify, based on positive foreign experience, proposals for improving this institution in Ukraine. The research methods were: analysis and synthesis, dialectical, comparative legal, Aristotelian and formal-dogmatic. In the process of analysis, it was identified that at the legislative level in Ukraine, the protection of state secrets is regulated in detail, lists of information that may contain state secrets, and cases when information cannot be a state secret, no matter what. In addition, the Criminal Code of Ukraine defines adverse consequences in the form of criminal sanctions that may occur for persons who disclose information constituting a state secret. It is determined that the analysis of the provisions of the Criminal Code of Ukraine, and its correlation with the legal provisions of other regulations, including the study of international legislation, allows concluding that the criminal law provisions defining liability for violation of the state secret protection regime should be transferred to another section. The materials of this study can be used in consideration of the problems of criminal law, in law-making activities in the development of provisions for improving criminal liability for disclosure of information constituting a state secret in Ukraine.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"52 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113981514","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}
To maintain Ukraine’s food security, its production of all the necessary foodstuffs for the country’s population, support for small and medium agricultural producers, and the development of rural areas in general, the study of foreign experience of state support for producers of agricultural products, which has proved itself in practice, has become relevant. The purpose of the research is to explore the foreign experience of state support for business entities operating in the agricultural sector in the People’s Republic of China, European Union member states and the United States, its analysis, identifying the most efficient mechanisms of such support for possible replication in the Ukrainian legislation. To ensure an efficient analysis of the problems, the method of hermeneutics, dialectical, comparative legal, system-functional, and statistical methods of scientific knowledge were used. The analysis of legal regulation of state support of agricultural producers in foreign countries was performed in the context of the research, and the national-specific features of state support of agricultural producers, which are inherent to individual countries, were identified. The strategic priorities of the new Common Agricultural Policy of the European Union for 2023-2027 were identified. Particular attention is devoted to the analysis of the legal regulation of tax incentives for producers of agricultural products in the European Union Member States, using Poland, the Czech Republic and Austria as examples, identifying the types of tax incentives and the conditions for their application in the above-mentioned countries. The conclusion is drawn about the efficiency of the identified types of tax benefits in the agricultural sector of the economy and the expediency of their introduction into the legislation of Ukraine. The research will be useful for researchers, practitioners, graduate students, doctoral students and anyone interested in the foreign experience of state support of agricultural producers.
{"title":"FOREIGN EXPERIENCE OF STATE SUPPORT OF AGRICULTURAL PRODUCERS","authors":"L. Golovko, V. Ladychenko, Оlena Gulac","doi":"10.31548/law2022.02.002","DOIUrl":"https://doi.org/10.31548/law2022.02.002","url":null,"abstract":"To maintain Ukraine’s food security, its production of all the necessary foodstuffs for the country’s population, support for small and medium agricultural producers, and the development of rural areas in general, the study of foreign experience of state support for producers of agricultural products, which has proved itself in practice, has become relevant. The purpose of the research is to explore the foreign experience of state support for business entities operating in the agricultural sector in the People’s Republic of China, European Union member states and the United States, its analysis, identifying the most efficient mechanisms of such support for possible replication in the Ukrainian legislation. To ensure an efficient analysis of the problems, the method of hermeneutics, dialectical, comparative legal, system-functional, and statistical methods of scientific knowledge were used. The analysis of legal regulation of state support of agricultural producers in foreign countries was performed in the context of the research, and the national-specific features of state support of agricultural producers, which are inherent to individual countries, were identified. The strategic priorities of the new Common Agricultural Policy of the European Union for 2023-2027 were identified. Particular attention is devoted to the analysis of the legal regulation of tax incentives for producers of agricultural products in the European Union Member States, using Poland, the Czech Republic and Austria as examples, identifying the types of tax incentives and the conditions for their application in the above-mentioned countries. The conclusion is drawn about the efficiency of the identified types of tax benefits in the agricultural sector of the economy and the expediency of their introduction into the legislation of Ukraine. The research will be useful for researchers, practitioners, graduate students, doctoral students and anyone interested in the foreign experience of state support of agricultural producers.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117291440","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 research subject is conditioned upon changes in social relations, modification of the criminological nature of perpetrators of domestic violence in Ukraine, in particular, foreign policy and socio-economic changes in Ukraine and the world. The purpose of the research is to identify the main socio-demographic and moral, and psychological features of a person who committed domestic violence. The main methods used in the research are the structural and systemic method, which allowed identifying the typical properties of a person committing domestic violence, and the statistical method, which allowed for studying the empirical base, which provided one of the main sources of information about such a person. The research analyses the criminal and legal properties of a person committing domestic violence. Noted that although a part of offences does not receive proper legal assessment in Ukraine there is a positive tendency to increase the realism of statistics on the commission of these crimes. The proposal on the necessity to modify the system of punishment is substantiated, in particular, the establishment of stricter sanctions for repeat offenders. In the research, it is suggested to use more often as a preventive measure conversations with a psychologist. The socio-demographic properties of a person who commits domestic violence in Ukraine are analysed. Based on statistical data, it was concluded that the number of women committing domestic violence is increasing; in particular, this is explained by the complicated economic and political situation in the country and social processes. Notably, offenders inherit the criminal behaviour of their parents (or one of them), and partly come from disadvantaged families, with low educational and cultural levels and difficult financial situations. The moral and psychological properties of a person who commits domestic violence in Ukraine are analysed. Notably, the behaviour of a person is influenced by both moral provisions and values and legal consciousness, in particular, if it is deformed, it can be an additional incentive to commit a crime. The practical significance of this research is that its provisions will help in further scientific research on the forensic and legal features of domestic violence in Ukraine in particular, its scientific originality may provide a foundation for new areas of research in the field of jurisprudence and research in other fields of social sciences.
{"title":"MAIN CRIMINALISTIC FEATURES OF A PERSON COMMITTING DOMESTIC VIOLENCE IN UKRAINE","authors":"N. Stasiuk","doi":"10.31548/law2022.02.008","DOIUrl":"https://doi.org/10.31548/law2022.02.008","url":null,"abstract":"The relevance of the research subject is conditioned upon changes in social relations, modification of the criminological nature of perpetrators of domestic violence in Ukraine, in particular, foreign policy and socio-economic changes in Ukraine and the world. The purpose of the research is to identify the main socio-demographic and moral, and psychological features of a person who committed domestic violence. The main methods used in the research are the structural and systemic method, which allowed identifying the typical properties of a person committing domestic violence, and the statistical method, which allowed for studying the empirical base, which provided one of the main sources of information about such a person. The research analyses the criminal and legal properties of a person committing domestic violence. Noted that although a part of offences does not receive proper legal assessment in Ukraine there is a positive tendency to increase the realism of statistics on the commission of these crimes. The proposal on the necessity to modify the system of punishment is substantiated, in particular, the establishment of stricter sanctions for repeat offenders. In the research, it is suggested to use more often as a preventive measure conversations with a psychologist. The socio-demographic properties of a person who commits domestic violence in Ukraine are analysed. Based on statistical data, it was concluded that the number of women committing domestic violence is increasing; in particular, this is explained by the complicated economic and political situation in the country and social processes. Notably, offenders inherit the criminal behaviour of their parents (or one of them), and partly come from disadvantaged families, with low educational and cultural levels and difficult financial situations. The moral and psychological properties of a person who commits domestic violence in Ukraine are analysed. Notably, the behaviour of a person is influenced by both moral provisions and values and legal consciousness, in particular, if it is deformed, it can be an additional incentive to commit a crime. The practical significance of this research is that its provisions will help in further scientific research on the forensic and legal features of domestic violence in Ukraine in particular, its scientific originality may provide a foundation for new areas of research in the field of jurisprudence and research in other fields of social sciences.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121333981","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 research is explained by the necessity of a comprehensive study of the subject of patent protection in the field of biotechnology in Eastern European countries, which is conditioned upon the rapid development of technologies in the field of biology, medicine and pharmacy. The purpose of the research is to provide a legal assessment of the principles of patent protection and to develop approaches to the qualification of biotechnological achievements. While compiling the research, the author used general scientific methods: analysis and synthesis, induction and deduction, abstraction, specification and analogy. Among specific scientific methods, the statistical method is distinguished; notably, specific legal methods, such as comparative legal and method of interpretation of legal provisions. The results of the study highlight the main achievements in the field of biotechnology and promising ways of developing their patent protection. The research describes in detail the fundamental principles of patent protection of biotechnologies. The necessity to consider the possibility of alienation of patents in favour of the state for some inventions, if these inventions are essential at the level of the state and society, to ensure equal and free access to such technologies. It is stated that it is unacceptable to grant patent protection, especially to the results of research in the field of human cloning or the development of artificial intelligence on human cells, as it contradicts ethical and moral standards. The final part of the research is the conclusions of the study, which identify the significance and provides an assessment of the impact of biotechnology on the present and future. The results of the research may be useful for lawyers and scientists in the field of intellectual property law.
{"title":"PRINCIPLES OF PATENT PROTECTION IN THE FIELD OF BIOTECHNOLOGY IN EASTERN EUROPE: INFLUENCE OF WESTERN AND EASTERN MODELS","authors":"O. Piddubny","doi":"10.31548/law2022.02.005","DOIUrl":"https://doi.org/10.31548/law2022.02.005","url":null,"abstract":"The relevance of this research is explained by the necessity of a comprehensive study of the subject of patent protection in the field of biotechnology in Eastern European countries, which is conditioned upon the rapid development of technologies in the field of biology, medicine and pharmacy. The purpose of the research is to provide a legal assessment of the principles of patent protection and to develop approaches to the qualification of biotechnological achievements. While compiling the research, the author used general scientific methods: analysis and synthesis, induction and deduction, abstraction, specification and analogy. Among specific scientific methods, the statistical method is distinguished; notably, specific legal methods, such as comparative legal and method of interpretation of legal provisions. The results of the study highlight the main achievements in the field of biotechnology and promising ways of developing their patent protection. The research describes in detail the fundamental principles of patent protection of biotechnologies. The necessity to consider the possibility of alienation of patents in favour of the state for some inventions, if these inventions are essential at the level of the state and society, to ensure equal and free access to such technologies. It is stated that it is unacceptable to grant patent protection, especially to the results of research in the field of human cloning or the development of artificial intelligence on human cells, as it contradicts ethical and moral standards. The final part of the research is the conclusions of the study, which identify the significance and provides an assessment of the impact of biotechnology on the present and future. The results of the research may be useful for lawyers and scientists in the field of intellectual property law.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115865782","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 research is dedicated to the issue of the opportunity to apply to the European Court of Human Rights for the protection of environmental rights. The relevance of the study is explained by the fact that the global environmental crisis raises the issue of ensuring the human right to a safe environment and its protection. The necessity of conducting a separate study on this issue arose since the Convention for the Protection of Human Rights and Fundamental Freedoms, defining the rights it guarantees, does not separately allocate environmental rights. That is why the question logically emerges: can individuals apply to the European Court of Human Rights to protect a right that is not specifically mentioned in the Convention. The purpose of the study is to explore the legal framework and grounds for applications to the European Court of Human Rights. In the process of the research, legislative acts, international legal acts, and the activities of the European Court of Human Rights, which purpose is to protect, in particular, environmental human rights, were analysed. The methodological foundation of the study was established by the Aristotelian method, methods of analysis and synthesis and comparative legal method. The study explores both general theoretical aspects related to the protection of environmental rights and analyses the practice of courts in protecting environmental rights, particularly at the international level. The study established that the European Court of Human Rights admits applications from individuals for the protection of violated environmental rights, which it considers through the prism of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms – the right to respect for private, family life and the home of individuals. The practical value of the study lies in the fact that the research analyses national and international law and the practice of the European Court of Human Rights and provide conclusions that identify specific problems related to environmental protection activities and proposes specific mechanisms for overcoming them to avoid violations of citizens’ environmental rights.
{"title":"FEATURES OF JUDICIAL PROTECTION OF ENVIRONMENTAL RIGHTS OF CITIZENS IN THE EUROPEAN COURT OF HUMAN RIGHTS","authors":"O. Buzunko, Yu.A. Krasnova","doi":"10.31548/law2022.02.001","DOIUrl":"https://doi.org/10.31548/law2022.02.001","url":null,"abstract":"The research is dedicated to the issue of the opportunity to apply to the European Court of Human Rights for the protection of environmental rights. The relevance of the study is explained by the fact that the global environmental crisis raises the issue of ensuring the human right to a safe environment and its protection. The necessity of conducting a separate study on this issue arose since the Convention for the Protection of Human Rights and Fundamental Freedoms, defining the rights it guarantees, does not separately allocate environmental rights. That is why the question logically emerges: can individuals apply to the European Court of Human Rights to protect a right that is not specifically mentioned in the Convention. The purpose of the study is to explore the legal framework and grounds for applications to the European Court of Human Rights. In the process of the research, legislative acts, international legal acts, and the activities of the European Court of Human Rights, which purpose is to protect, in particular, environmental human rights, were analysed. The methodological foundation of the study was established by the Aristotelian method, methods of analysis and synthesis and comparative legal method. The study explores both general theoretical aspects related to the protection of environmental rights and analyses the practice of courts in protecting environmental rights, particularly at the international level. The study established that the European Court of Human Rights admits applications from individuals for the protection of violated environmental rights, which it considers through the prism of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms – the right to respect for private, family life and the home of individuals. The practical value of the study lies in the fact that the research analyses national and international law and the practice of the European Court of Human Rights and provide conclusions that identify specific problems related to environmental protection activities and proposes specific mechanisms for overcoming them to avoid violations of citizens’ environmental rights.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133440074","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 stems from the necessity to assess the efficiency of access to justice as a compulsory and integral element of human rights in the context of a full-scale military invasion of Ukraine. The purpose of the study is to analyse the main measures undertaken by the Government of Ukraine and the judiciary to restore access to justice during martial law, identify the problematic issues of its implementation, and find efficient mechanisms to overcome them. The research methodology covered general scientific and specific methods of scientific knowledge: comparative legal method, cybernetic method and method of analysis and synthesis. Based on the study of the work of the courts of Ukraine, a conditional division of courts was performed based on the mode of their work and the respective location, namely: territories where active hostilities are underway; territories under occupation (blockade); de-occupied territories, and territories remote from hostilities. It is stated that active hostilities, occupation and constant rocket attacks have established several new problems in access to justice, namely the physical impossibility of judges in the occupied territories and areas of active hostilities to administer justice; the catastrophic shortage of court officials; problems related to the transfer of jurisdiction from one court to another (overloading of judges, physical impossibility to transfer case files, actual destruction of cases, longer delays in court cases). It is concluded that under martial law, using electronic justice is an efficient solution that can ensure the right to access justice. It was noted that the current model of electronic justice in Ukraine still requires improvement through the adoption of a clear regulatory framework governing the full use of electronic justice (including the introduction of appropriate amendments to the procedural codes and the development of detailed instructions for judges and parties to the proceedings); improvement of the software to expand its functionality while providing technical equipment to all judges. The practical significance of the conducted research is of scientific value both for practitioners and scholars studying the theoretical and legal issues of access to justice and can be used to ensure the observance and implementation of the right to access to justice in the face of future challenges of extraordinary or global scale, such as war or pandemic.
{"title":"ACCESS TO JUSTICE DURING MARTIAL LAW","authors":"Natalia Yaselska","doi":"10.31548/law2022.02.010","DOIUrl":"https://doi.org/10.31548/law2022.02.010","url":null,"abstract":"The relevance of the study stems from the necessity to assess the efficiency of access to justice as a compulsory and integral element of human rights in the context of a full-scale military invasion of Ukraine. The purpose of the study is to analyse the main measures undertaken by the Government of Ukraine and the judiciary to restore access to justice during martial law, identify the problematic issues of its implementation, and find efficient mechanisms to overcome them. The research methodology covered general scientific and specific methods of scientific knowledge: comparative legal method, cybernetic method and method of analysis and synthesis. Based on the study of the work of the courts of Ukraine, a conditional division of courts was performed based on the mode of their work and the respective location, namely: territories where active hostilities are underway; territories under occupation (blockade); de-occupied territories, and territories remote from hostilities. It is stated that active hostilities, occupation and constant rocket attacks have established several new problems in access to justice, namely the physical impossibility of judges in the occupied territories and areas of active hostilities to administer justice; the catastrophic shortage of court officials; problems related to the transfer of jurisdiction from one court to another (overloading of judges, physical impossibility to transfer case files, actual destruction of cases, longer delays in court cases). It is concluded that under martial law, using electronic justice is an efficient solution that can ensure the right to access justice. It was noted that the current model of electronic justice in Ukraine still requires improvement through the adoption of a clear regulatory framework governing the full use of electronic justice (including the introduction of appropriate amendments to the procedural codes and the development of detailed instructions for judges and parties to the proceedings); improvement of the software to expand its functionality while providing technical equipment to all judges. The practical significance of the conducted research is of scientific value both for practitioners and scholars studying the theoretical and legal issues of access to justice and can be used to ensure the observance and implementation of the right to access to justice in the face of future challenges of extraordinary or global scale, such as war or pandemic.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116104055","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 publication is explained by the fact that one of the main factors of the inefficiency of existing criminal law means of protection of information with limited access is an imperfection of the text of the current Criminal Code of Ukraine, as evidenced by the lack of a systematic approach of the legislator to the legal structure of “disclosure of information”. The purpose of the research is to conduct a comparative legal analysis of the normative regulation of disclosure of information with limited access and tangential terms in criminal law for technical and legal improvement of the Criminal Code of Ukraine. To achieve it, the methods of system-structural analysis, semantic, dogmatic, Aristotelian and classification methods were used. The research considers the correlation of the content of all criminal law terms relating to the concept of disclosure, which are roughly divided into several groups: alternative acts (collection, receipt, modification, destruction, etc.), collected acts (violation of secrecy/prohibition, use), synonymous acts (distribution, disclosure, provision of access, transmission). The alternative acts of “collection” and “possession” have been identified as preparatory to “disclosure” if there is a corresponding purpose for the disclosure of the collected information, and, thus, they cannot be included in the criminal law content of the act of “disclosure” itself. It has been established that the existence of two mutually exclusive (related) legal elements of criminal offences – wrongful acquisition of information (a “truncated element” which does not give legal significance to further actions of storage, dissemination or other use of information) and disclosure (by a person who has lawfully acquired the information) – may be promising by addressing the relevant technical and legal deficiencies. The “disclosure” of relevant information has been demonstrated to constitute a “violation of secrecy” and a “violation of the prohibition on using information”, but such definitions should not be used in the text of the criminal law due to their lack of specificity. Established that the content of the concepts of “disclosure”, “spreading”, and “dissemination” of information is identical. The study is recommended for use in improving Ukraine’s criminal law and for law enforcement officials in qualifying.
{"title":"“DISCLOSURE” OF RESTRICTED INFORMATION AND RELATED TERMS OF CRIMINAL LAW: INTERRELATION OF CONCEPTS","authors":"T. Prokopchuk","doi":"10.31548/law2022.02.007","DOIUrl":"https://doi.org/10.31548/law2022.02.007","url":null,"abstract":"The relevance of the publication is explained by the fact that one of the main factors of the inefficiency of existing criminal law means of protection of information with limited access is an imperfection of the text of the current Criminal Code of Ukraine, as evidenced by the lack of a systematic approach of the legislator to the legal structure of “disclosure of information”. The purpose of the research is to conduct a comparative legal analysis of the normative regulation of disclosure of information with limited access and tangential terms in criminal law for technical and legal improvement of the Criminal Code of Ukraine. To achieve it, the methods of system-structural analysis, semantic, dogmatic, Aristotelian and classification methods were used. The research considers the correlation of the content of all criminal law terms relating to the concept of disclosure, which are roughly divided into several groups: alternative acts (collection, receipt, modification, destruction, etc.), collected acts (violation of secrecy/prohibition, use), synonymous acts (distribution, disclosure, provision of access, transmission). The alternative acts of “collection” and “possession” have been identified as preparatory to “disclosure” if there is a corresponding purpose for the disclosure of the collected information, and, thus, they cannot be included in the criminal law content of the act of “disclosure” itself. It has been established that the existence of two mutually exclusive (related) legal elements of criminal offences – wrongful acquisition of information (a “truncated element” which does not give legal significance to further actions of storage, dissemination or other use of information) and disclosure (by a person who has lawfully acquired the information) – may be promising by addressing the relevant technical and legal deficiencies. The “disclosure” of relevant information has been demonstrated to constitute a “violation of secrecy” and a “violation of the prohibition on using information”, but such definitions should not be used in the text of the criminal law due to their lack of specificity. Established that the content of the concepts of “disclosure”, “spreading”, and “dissemination” of information is identical. The study is recommended for use in improving Ukraine’s criminal law and for law enforcement officials in qualifying.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127959651","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 of theoretical and applied aspects of understanding the concept “legal orientation” in legal science is relevant, of practical interest and requires scientific consideration. Globalization generates radical changes that can lead to both further evolution of humanity and adverse consequences. The search for joint survival and development programs depends on the legal culture that determines the legal orientations of social actors. The purpose of this paper was to figure out the theoretical and applied aspects of understanding the concept “legal orientation” in legal science. This study is based on an interdisciplinary approach and considers the knowledge of various sciences about human behaviour. General scientific and special scientific methods of cognition of social phenomena and processes were used to conduct the study. Among general scientific methods, methods of logical-semantic and terminological analysis, anthropological, system-structural, causal-functional, data analysis, praxeological, and content analysis were used. Experimental methods of observation, conversations, surveys, and questionnaires were used to obtain empirical data. The presented results of the theoretical and applied study of the concept “legal orientation” in legal science allowed figuring out at least four meanings of its use, showed its inextricable connection with the concept “value orientations” – a dynamic system that regulates social behaviour and human activity, and therefore requires constant diagnostics. Based on the diagnosis of the value orientations of the student youth of the National University of Life and Environmental Sciences of Ukraine, methodical recommendations were developed to form the system of value orientations of a young individual who obtains higher education, which will be consonant with the system of value orientations of Ukraine. The results of this study will be useful for researchers investigating the axiological and praxeological components of human activity in various spheres of social life; for state and public institutions related to the implementation of strategies for the development of civil society and the rule of law, for teachers and lecturers in the education and upbringing of future citizens of Ukraine, as well as for all stakeholders.
{"title":"Theoretical and applied aspects of understanding the concept “legal orientation” in legal science","authors":"V. Kachur","doi":"10.31548/law2022.04.003","DOIUrl":"https://doi.org/10.31548/law2022.04.003","url":null,"abstract":"The study of theoretical and applied aspects of understanding the concept “legal orientation” in legal science is relevant, of practical interest and requires scientific consideration. Globalization generates radical changes that can lead to both further evolution of humanity and adverse consequences. The search for joint survival and development programs depends on the legal culture that determines the legal orientations of social actors. The purpose of this paper was to figure out the theoretical and applied aspects of understanding the concept “legal orientation” in legal science. This study is based on an interdisciplinary approach and considers the knowledge of various sciences about human behaviour. General scientific and special scientific methods of cognition of social phenomena and processes were used to conduct the study. Among general scientific methods, methods of logical-semantic and terminological analysis, anthropological, system-structural, causal-functional, data analysis, praxeological, and content analysis were used. Experimental methods of observation, conversations, surveys, and questionnaires were used to obtain empirical data. The presented results of the theoretical and applied study of the concept “legal orientation” in legal science allowed figuring out at least four meanings of its use, showed its inextricable connection with the concept “value orientations” – a dynamic system that regulates social behaviour and human activity, and therefore requires constant diagnostics. Based on the diagnosis of the value orientations of the student youth of the National University of Life and Environmental Sciences of Ukraine, methodical recommendations were developed to form the system of value orientations of a young individual who obtains higher education, which will be consonant with the system of value orientations of Ukraine. The results of this study will be useful for researchers investigating the axiological and praxeological components of human activity in various spheres of social life; for state and public institutions related to the implementation of strategies for the development of civil society and the rule of law, for teachers and lecturers in the education and upbringing of future citizens of Ukraine, as well as for all stakeholders.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130326777","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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