O. Polukarov, N. Prakhovnik, Y. Polukarov, L. Mitiuk, H. Demchuk
The relevance of the study presented is conditioned upon the fact that the current national policy of control and supervision, including industrial safety, is designed to detect and prevent violations of the permissible level of danger for people and the environment by entities engaged in economic activities. The purpose of this study is to analyse occupational risks in enterprises and to explore new approaches, methodologies and ways of improving the assessment of occupational risks in production facilities. The methodological foundation of the study is based on a combination of various general scientific methods of scientific knowledge: analysis and synthesis of information, comparative method, and methods of induction and deduction. Improving the state of occupational safety requires improving the principles of occupational safety management. In addition, an assessment of the risk to the life or health of employees from economic activity should be performed and defined as the product of the probability of one accident per year and the probable number of lost working days per employee during the year. The study identified that workplace risk assessment should be re-evaluated whenever changes are expected in the company that may affect safety, such as new processes, new equipment, new materials, or changes in the work organisation or the work environment. The steps of risk assessment are clarified, the means of eliminating or reducing the risk are identified. It was demonstrated that a risk assessment should be developed and used to help employers or managers, and it was emphasised that once risks and dangers have been identified, appropriate action should be implemented with proper legal compliance. The practical significance of the presented research is that it can be used both in practice and for studying the theory of occupational risk assessment at enterprises.
{"title":"ASSESSMENT OF OCCUPATIONAL (INDUSTRIAL) RISKS: NEW APPROACHES, IMPROVEMENTS, METHODOLOGY","authors":"O. Polukarov, N. Prakhovnik, Y. Polukarov, L. Mitiuk, H. Demchuk","doi":"10.31548/law2022.02.006","DOIUrl":"https://doi.org/10.31548/law2022.02.006","url":null,"abstract":"The relevance of the study presented is conditioned upon the fact that the current national policy of control and supervision, including industrial safety, is designed to detect and prevent violations of the permissible level of danger for people and the environment by entities engaged in economic activities. The purpose of this study is to analyse occupational risks in enterprises and to explore new approaches, methodologies and ways of improving the assessment of occupational risks in production facilities. The methodological foundation of the study is based on a combination of various general scientific methods of scientific knowledge: analysis and synthesis of information, comparative method, and methods of induction and deduction. Improving the state of occupational safety requires improving the principles of occupational safety management. In addition, an assessment of the risk to the life or health of employees from economic activity should be performed and defined as the product of the probability of one accident per year and the probable number of lost working days per employee during the year. The study identified that workplace risk assessment should be re-evaluated whenever changes are expected in the company that may affect safety, such as new processes, new equipment, new materials, or changes in the work organisation or the work environment. The steps of risk assessment are clarified, the means of eliminating or reducing the risk are identified. It was demonstrated that a risk assessment should be developed and used to help employers or managers, and it was emphasised that once risks and dangers have been identified, appropriate action should be implemented with proper legal compliance. The practical significance of the presented research is that it can be used both in practice and for studying the theory of occupational risk assessment at enterprises.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132539927","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}
Due to global warming, over-regulation of water bodies, disruption of water runoff, poor functioning or complete lack of drainage systems, reduction of forest areas, our state will not avoid the problems associated with flooding. The harmful effects of water are due to global factors, such as warming and melting glaciers, as well as regional features, including the water exchange system between water bodies, changes in rainfall and river runoff. Land flooding is a phenomenon that cannot be completely prevented. However, human activity increases its likelihood and impact. The risk of flooding and the degree of damage caused, as well as the impact on the health and socio-economic situation of those affected, will continue to increase in the future due to climate change. Inadequate river management, construction in flood-prone areas and the growing population living in these areas exacerbate the effects of flooding. Ukraine has already taken appropriate steps to implement the provisions of international acts in the field of preventing and combating land flooding into national legislation. However, the quality of implementation of national programs in this area requires better, as most measures, unfortunately, are not implemented. Failure to implement measures in certain amounts creates high risks of flooding, as a result of which the population and the economy of the state suffer multimillion losses. Keywords: land flooding, harmful effects of water, threats and risks of flooding, basin-based water management, climate change, global warming
{"title":"Legal support for preventing and combating land flooding in Ukraine","authors":"D. Maryna","doi":"10.31548/law2021.04.003","DOIUrl":"https://doi.org/10.31548/law2021.04.003","url":null,"abstract":"Due to global warming, over-regulation of water bodies, disruption of water runoff, poor functioning or complete lack of drainage systems, reduction of forest areas, our state will not avoid the problems associated with flooding. The harmful effects of water are due to global factors, such as warming and melting glaciers, as well as regional features, including the water exchange system between water bodies, changes in rainfall and river runoff. Land flooding is a phenomenon that cannot be completely prevented. However, human activity increases its likelihood and impact. The risk of flooding and the degree of damage caused, as well as the impact on the health and socio-economic situation of those affected, will continue to increase in the future due to climate change. Inadequate river management, construction in flood-prone areas and the growing population living in these areas exacerbate the effects of flooding. Ukraine has already taken appropriate steps to implement the provisions of international acts in the field of preventing and combating land flooding into national legislation. However, the quality of implementation of national programs in this area requires better, as most measures, unfortunately, are not implemented. Failure to implement measures in certain amounts creates high risks of flooding, as a result of which the population and the economy of the state suffer multimillion losses. Keywords: land flooding, harmful effects of water, threats and risks of flooding, basin-based water management, climate change, global warming","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117107516","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 article analyzes the new Criminal Code of Ukraine proposed for discussion. The focus is on reforming the criminal justice system. It was found that the proposed CCU aimed at protecting the interests of victims also provides that it should be easy to use for investigators, prosecutors, judges. The draft stipulates that the new Criminal Code and its application must comply with the rulings of the European Court of Human Rights on Ukraine. It is established that the draft CCU provides for liability for officials for non-compliance with ECtHR decisions. As a result of the analysis of perspective legislation on criminal liability, a conclusion was made on choosing the right vector for implementing the main idea of the new Criminal Code – ensuring justice in criminal justice on new principles, classification of offenses based on damage and establishing standard sanctions. objective criteria, unification of circumstances that increase or decrease the severity, elimination of gaps – all this makes it possible to move to the relationship «victim-state-criminal». Keywords: draft of the Criminal Code of Ukraine, unit of account, psychoactive substance, severity, qualification formula, restitution
{"title":"Draft Criminal code of Ukraine: news","authors":"Kovalova Svitlana","doi":"10.31548/law2021.04.017","DOIUrl":"https://doi.org/10.31548/law2021.04.017","url":null,"abstract":"The article analyzes the new Criminal Code of Ukraine proposed for discussion. The focus is on reforming the criminal justice system. It was found that the proposed CCU aimed at protecting the interests of victims also provides that it should be easy to use for investigators, prosecutors, judges. The draft stipulates that the new Criminal Code and its application must comply with the rulings of the European Court of Human Rights on Ukraine. It is established that the draft CCU provides for liability for officials for non-compliance with ECtHR decisions. As a result of the analysis of perspective legislation on criminal liability, a conclusion was made on choosing the right vector for implementing the main idea of the new Criminal Code – ensuring justice in criminal justice on new principles, classification of offenses based on damage and establishing standard sanctions. objective criteria, unification of circumstances that increase or decrease the severity, elimination of gaps – all this makes it possible to move to the relationship «victim-state-criminal». Keywords: draft of the Criminal Code of Ukraine, unit of account, psychoactive substance, severity, qualification formula, restitution","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129709742","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 article is devoted to the analysis of some problems of organizational and legal forms of management in the agricultural sector. The main tendencies of development of organizational and legal forms of Ukraine in the aspect of deregulation of entrepreneurial activity and opening of the market of agricultural lands are determined. The role and significance, types, legislative and doctrinal approaches to determining the organizational and legal form of agricultural production are highlighted. On the basis of the analysis of legal literature, national legislation and practice of its application the problems of separate organizational and legal forms of conducting agricultural production (farms, collective agricultural enterprises, etc.) are analyzed. It is concluded that the principle of equality of ownership and management in agriculture is violated in Ukraine. Keywords: organizational and legal forms, business entities, agricultural production, agricultural sector, farms, collective agricultural enterprise
{"title":"Problems of organizational and legal forms of management in the agricultural sector","authors":"N. Tamara, Marchenko Svitlana","doi":"10.31548/law2021.04.006","DOIUrl":"https://doi.org/10.31548/law2021.04.006","url":null,"abstract":"The article is devoted to the analysis of some problems of organizational and legal forms of management in the agricultural sector. The main tendencies of development of organizational and legal forms of Ukraine in the aspect of deregulation of entrepreneurial activity and opening of the market of agricultural lands are determined. The role and significance, types, legislative and doctrinal approaches to determining the organizational and legal form of agricultural production are highlighted. On the basis of the analysis of legal literature, national legislation and practice of its application the problems of separate organizational and legal forms of conducting agricultural production (farms, collective agricultural enterprises, etc.) are analyzed. It is concluded that the principle of equality of ownership and management in agriculture is violated in Ukraine. Keywords: organizational and legal forms, business entities, agricultural production, agricultural sector, farms, collective agricultural enterprise","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128007245","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 article analyzes the current state of legal support for assessing the suitability of land for organic agricultural production. It is determined that in contrast to the previous legislation in the field of organic production, circulation and labeling of organic products, the current Law of Ukraine «On basic principles and requirements for organic production, circulation and labeling of organic products» from 10.07.2018 № 2496-VIII does not provide assessment of the suitability of agricultural land for the production of organic products. There are no requirements for such an assessment in the bylaws governing this area of public relations. It has been established that one of the primary steps towards regulating the process of valuation of agricultural land for organic production should be the introduction of mandatory agrochemical certification of land on which organic crop production is planned. Because it is agrochemical certification of agricultural land is one of the basic measures to determine the quality of soil composition. It is proposed, in order to operate with up-to-date data, to determine the terms of agrochemical certification of such lands not later than one year before the application for certification of organic production. For what proposals are put forward to make additions to: h. 5 Art. 37 of the Law of Ukraine «On Land Protection»; paragraph 3 of the Procedure for certification of organic production and / or circulation of organic products, approved by the resolution of the Cabinet of Ministers of Ukraine dated 21.10.2020 № 1032; p.p. 1.5 and 1.6 of the Procedure for maintaining the agrochemical passport of the field, land, approved by the order of the Ministry of Agrarian Policy and Food of Ukraine dated 11.10.2011 № 536. The proposed innovations will allow to objectively assess the quality of such lands and will guarantee the production of organic crop products. Keywords: soil, land plot, agricultural lands, organic products, organic agricultural production, legal support, agriculture, soil quality
{"title":"Land suitability assessment for organic agricultural production: certain aspects of legal provision","authors":"N. Tamara","doi":"10.31548/law2021.04.007","DOIUrl":"https://doi.org/10.31548/law2021.04.007","url":null,"abstract":"The article analyzes the current state of legal support for assessing the suitability of land for organic agricultural production. It is determined that in contrast to the previous legislation in the field of organic production, circulation and labeling of organic products, the current Law of Ukraine «On basic principles and requirements for organic production, circulation and labeling of organic products» from 10.07.2018 № 2496-VIII does not provide assessment of the suitability of agricultural land for the production of organic products. There are no requirements for such an assessment in the bylaws governing this area of public relations. It has been established that one of the primary steps towards regulating the process of valuation of agricultural land for organic production should be the introduction of mandatory agrochemical certification of land on which organic crop production is planned. Because it is agrochemical certification of agricultural land is one of the basic measures to determine the quality of soil composition. It is proposed, in order to operate with up-to-date data, to determine the terms of agrochemical certification of such lands not later than one year before the application for certification of organic production. For what proposals are put forward to make additions to: h. 5 Art. 37 of the Law of Ukraine «On Land Protection»; paragraph 3 of the Procedure for certification of organic production and / or circulation of organic products, approved by the resolution of the Cabinet of Ministers of Ukraine dated 21.10.2020 № 1032; p.p. 1.5 and 1.6 of the Procedure for maintaining the agrochemical passport of the field, land, approved by the order of the Ministry of Agrarian Policy and Food of Ukraine dated 11.10.2011 № 536. The proposed innovations will allow to objectively assess the quality of such lands and will guarantee the production of organic crop products. Keywords: soil, land plot, agricultural lands, organic products, organic agricultural production, legal support, agriculture, soil quality","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132303854","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 article is devoted to the study of scientific approaches to the characteristics of the objects of natural resource relations. Theoretical positions of the representatives of legal science on the definition of the concept of natural resources as objects of natural resource legal relations, the separation of their legal features are revealed. Scientific approaches to the legal nature of climatic resources and their place in the modern system of natural resource legal relations are analyzed. Natural resource relations consist of the use and reproduction of natural resources or their properties (for example, the potential energy of water, which is converted into electricity, water surface for water transport, the properties of atmospheric air to contain and dissolve (reduce concentration) pollutants, the property of subsoil underground gas storage facilities, etc.). Climatic resources are called inexhaustible natural resources, which include solar energy, moisture, wind energy, etc. and are determined by the peculiarities of the climate. The use of certain properties of climatic resources as, first of all, alternative energy sources is extremely important. Climatic resources in most of Ukraine are favorable for the development of alternative energy. However, the current state of legal regulation of activities aimed at ensuring the rational and efficient use of climate resources needs to be improved. Keywords: natural resource law, natural resource legal relations, natural resources, climatic resources, climate
{"title":"Climatic resources as objects of natural resource legal relations","authors":"D. Maryna, Marinich Volodymyr","doi":"10.31548/law2021.04.004","DOIUrl":"https://doi.org/10.31548/law2021.04.004","url":null,"abstract":"The article is devoted to the study of scientific approaches to the characteristics of the objects of natural resource relations. Theoretical positions of the representatives of legal science on the definition of the concept of natural resources as objects of natural resource legal relations, the separation of their legal features are revealed. Scientific approaches to the legal nature of climatic resources and their place in the modern system of natural resource legal relations are analyzed. Natural resource relations consist of the use and reproduction of natural resources or their properties (for example, the potential energy of water, which is converted into electricity, water surface for water transport, the properties of atmospheric air to contain and dissolve (reduce concentration) pollutants, the property of subsoil underground gas storage facilities, etc.). Climatic resources are called inexhaustible natural resources, which include solar energy, moisture, wind energy, etc. and are determined by the peculiarities of the climate. The use of certain properties of climatic resources as, first of all, alternative energy sources is extremely important. Climatic resources in most of Ukraine are favorable for the development of alternative energy. However, the current state of legal regulation of activities aimed at ensuring the rational and efficient use of climate resources needs to be improved. Keywords: natural resource law, natural resource legal relations, natural resources, climatic resources, climate","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132492352","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 article examines the features of administrative liability for violation of the organization and conduct of examinations in Ukraine. It is determined that the organization and conduct of the examination usually does not require the involvement of a wide range of persons. However, it should be noted that the concept of expertise is not always limited to forensic examination, which is usually appointed on the basis of a relevant court decision or other authorized body. It was found that the general procedure for organizing and conducting examinations is defined at the level of a significant number of regulations and bylaws. Such legislation establishes the requirements for experts, the stated conclusions of the examination, the rights and responsibilities of experts, as well as the responsibility for violating the procedure for conducting examinations. However, the current Code of Ukraine on Administrative Offenses does not contain any administrative law on administrative liability for violation of the procedure for conducting examinations in Ukraine. Therefore, there is a need for such a study. It is concluded that the priority actions to improve the institution of administrative liability for violation of the procedure for conducting and organizing examinations should be: first, the sphere of organization and conduct of non-judicial examinations needs legislative regulation; secondly, given that the current Code of Ukraine on Administrative Offenses does not contain any administrative law concerning liability for violation of the organization and conduct of examinations of both judicial and non-judicial, it is necessary to supplement the current Code of Administrative Offenses. 185-16, the following content, namely Violation of the order of organization and conduct of examinations, persons who are entrusted with the authority to organize and conduct examinations entails a fine of one hundred to two hundred non-taxable minimum incomes. Keywords: examination, forensic examination, non-judicial examination, administrative responsibility, expert
{"title":"Administrative liability for violation of the order of organization and conduct of examinations in Ukraine","authors":"Hbur Liusia, A. Olena","doi":"10.31548/law2021.04.014","DOIUrl":"https://doi.org/10.31548/law2021.04.014","url":null,"abstract":"The article examines the features of administrative liability for violation of the organization and conduct of examinations in Ukraine. It is determined that the organization and conduct of the examination usually does not require the involvement of a wide range of persons. However, it should be noted that the concept of expertise is not always limited to forensic examination, which is usually appointed on the basis of a relevant court decision or other authorized body. It was found that the general procedure for organizing and conducting examinations is defined at the level of a significant number of regulations and bylaws. Such legislation establishes the requirements for experts, the stated conclusions of the examination, the rights and responsibilities of experts, as well as the responsibility for violating the procedure for conducting examinations. However, the current Code of Ukraine on Administrative Offenses does not contain any administrative law on administrative liability for violation of the procedure for conducting examinations in Ukraine. Therefore, there is a need for such a study. It is concluded that the priority actions to improve the institution of administrative liability for violation of the procedure for conducting and organizing examinations should be: first, the sphere of organization and conduct of non-judicial examinations needs legislative regulation; secondly, given that the current Code of Ukraine on Administrative Offenses does not contain any administrative law concerning liability for violation of the organization and conduct of examinations of both judicial and non-judicial, it is necessary to supplement the current Code of Administrative Offenses. 185-16, the following content, namely Violation of the order of organization and conduct of examinations, persons who are entrusted with the authority to organize and conduct examinations entails a fine of one hundred to two hundred non-taxable minimum incomes. Keywords: examination, forensic examination, non-judicial examination, administrative responsibility, expert","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122365548","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 today's reality, the issue of combating and preventing domestic violence is extremely important, as a large number of women and children are victims of such violence, although there are cases of domestic violence against men as well. In this paper, the issue of the role of the prosecutor's office in preventing and combating domestic violence was considered. The problems of legislative regulation of prosecutorial activity in the system of prevention and counteraction to domestic violence are also studied. In the process of writing the paper, the method of analysis and synthesis, empirical method and method of comparison were used. And, indeed, it is rightly noted in the topic of this article that this is still a problem. First of all, due to the fact that the current legislation does not clearly regulate what actions prosecutors can prevent or counteract domestic violence, as their powers include direct procedural support of such criminal cases, ie after such violence has already occurred. In our opinion, in order for the prosecutor's office to be able to effectively prevent and combat domestic violence, we propose to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor's office in general and the prosecutor in particular. It is appropriate to supplement this article with a part that would give the prosecutor's office the right to take preventive measures to prevent and combat domestic violence. The research conducted in this paper can form the basis of legislative activity in the adoption of amendments to legislation governing the legal relationship in the field of preventing and combating domestic violence. Keywords: prosecutor's office, prosecutor, prosecutor's office, domestic violence, violence against women, violence against children, prevention of violence, counteraction to violence
{"title":"Problematic issues of prevention and counteraction to domestic violence by the prosecutor's office","authors":"Yara Olena, Stasiuk Nadiia","doi":"10.31548/law2021.04.016","DOIUrl":"https://doi.org/10.31548/law2021.04.016","url":null,"abstract":"In today's reality, the issue of combating and preventing domestic violence is extremely important, as a large number of women and children are victims of such violence, although there are cases of domestic violence against men as well. In this paper, the issue of the role of the prosecutor's office in preventing and combating domestic violence was considered. The problems of legislative regulation of prosecutorial activity in the system of prevention and counteraction to domestic violence are also studied. In the process of writing the paper, the method of analysis and synthesis, empirical method and method of comparison were used. And, indeed, it is rightly noted in the topic of this article that this is still a problem. First of all, due to the fact that the current legislation does not clearly regulate what actions prosecutors can prevent or counteract domestic violence, as their powers include direct procedural support of such criminal cases, ie after such violence has already occurred. In our opinion, in order for the prosecutor's office to be able to effectively prevent and combat domestic violence, we propose to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor's office in general and the prosecutor in particular. It is appropriate to supplement this article with a part that would give the prosecutor's office the right to take preventive measures to prevent and combat domestic violence. The research conducted in this paper can form the basis of legislative activity in the adoption of amendments to legislation governing the legal relationship in the field of preventing and combating domestic violence. Keywords: prosecutor's office, prosecutor, prosecutor's office, domestic violence, violence against women, violence against children, prevention of violence, counteraction to violence","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"210 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114759135","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}
Agricultural insurance is a prerequisite for the existence of agriculture, especially for agricultural countries. The present time poses serious climatic, economic, and biological challenges to agricultural production. Insurance should become a tool that will help to balance the risks between all participants in agricultural insurance relations. Insurance should reduce the negative impact on agricultural production and living standards in the country. In the article on the basis of analysis of normative-legal acts, regulating the procedure of agricultural animals insurance the problematic issues are investigated and the ways of elimination of collisions in legal regulation of this type of insurance are offered. The problems of determining the list of animals subject to compulsory insurance are investigated and solutions are proposed. The question of legal expansion of the range of insurance risks for insurance contracts of animals in the framework of the Law of Ukraine «On peculiarities of insurance of agricultural products with state support» is analyzed. The proposed additions to the regulatory and legal acts in the field of insurance of breeding animals will lead to the harmonization of relevant legislation, as well as improve awareness of breeding animals for regulatory authorities, consumers of relevant products and insurers. Keywords: insurance, compulsory animal insurance, breeding animal insurance, insurance risk, insurance of agricultural products with state support
{"title":"Certain issues of legal regulation of animal insurance as a compulsory form of insurance","authors":"Horislavska Inna","doi":"10.31548/law2021.04.012","DOIUrl":"https://doi.org/10.31548/law2021.04.012","url":null,"abstract":"Agricultural insurance is a prerequisite for the existence of agriculture, especially for agricultural countries. The present time poses serious climatic, economic, and biological challenges to agricultural production. Insurance should become a tool that will help to balance the risks between all participants in agricultural insurance relations. Insurance should reduce the negative impact on agricultural production and living standards in the country. In the article on the basis of analysis of normative-legal acts, regulating the procedure of agricultural animals insurance the problematic issues are investigated and the ways of elimination of collisions in legal regulation of this type of insurance are offered. The problems of determining the list of animals subject to compulsory insurance are investigated and solutions are proposed. The question of legal expansion of the range of insurance risks for insurance contracts of animals in the framework of the Law of Ukraine «On peculiarities of insurance of agricultural products with state support» is analyzed. The proposed additions to the regulatory and legal acts in the field of insurance of breeding animals will lead to the harmonization of relevant legislation, as well as improve awareness of breeding animals for regulatory authorities, consumers of relevant products and insurers. Keywords: insurance, compulsory animal insurance, breeding animal insurance, insurance risk, insurance of agricultural products with state support","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1283 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127436651","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 right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation
{"title":"Foreigners and persons without citizenship as subjects of administrative judiciary","authors":"Saadulaev A.I.","doi":"10.31548/law2021.04.015","DOIUrl":"https://doi.org/10.31548/law2021.04.015","url":null,"abstract":"The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114524749","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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