The process of modern social development is determined by two dialectically opposite tendencies: centripetal, expressed in worldwide integration and globalization, and centrifugal, manifested in regional localization, one of the forms of which is the phenomenon of separatism – the desire of regions within states to separate, to acquire greater political independence, sovereignty up to territorial separation or joining another state. The purpose of this paper was to analyse the theoretical issues of national self-determination and the principle of equality of peoples in its relationship with separatism. The study used a set of methods and techniques of scientific cognition. The principal ones included the dialectical method, comparative legal method, formal legal method, and method of logical analysis. The paper analyses the possibility of reference to the principle of self-determination of peoples by separatist entities in Ukraine as a justification for their activities. The minimum necessary criteria of legal grounds for self-determination are considered, including the presence of an effective connection of the subject of self-determination with a certain territory; the presence of the subject itself, i.e., the people (ethnos), which claims self-determination; and recognition by the international community of such a potential subject as the bearer of the right to self-determination. As for the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a certain territory for any ethnic group. This right is limited to the common interests of the entire people of the state, which lies in the unconditional preservation of the inviolability and integrity of its territory. As for the presence of the subject of self-determination itself, the people recognize the historical community of people that has developed in a certain territory and has stable features of language, culture, and mentality, as well as the awareness of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must obey the laws of the country of residence on the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, they recognize those who are under colonial rule, occupation by a foreign state, or who are subject to a policy of racism. Consequently, international law does not protect separatist movements whose goal is secession if they do not meet these criteria. This means that separatist entities in Ukraine are not entitled to secession, and by their methods of activity they are terrorist organizations. The practical value of the materials and conclusions presented in this paper lies in their further use in further developments aimed at the analysis and study of the self-determination of peoples through separatism, in the law-making sphere, and the sp
{"title":"Validity of applying the principle of self-determination of peoples by separatist entities in Ukraine","authors":"Kyrylo Klymenko","doi":"10.31548/law2021.04.18","DOIUrl":"https://doi.org/10.31548/law2021.04.18","url":null,"abstract":"The process of modern social development is determined by two dialectically opposite tendencies: centripetal, expressed in worldwide integration and globalization, and centrifugal, manifested in regional localization, one of the forms of which is the phenomenon of separatism – the desire of regions within states to separate, to acquire greater political independence, sovereignty up to territorial separation or joining another state. The purpose of this paper was to analyse the theoretical issues of national self-determination and the principle of equality of peoples in its relationship with separatism. The study used a set of methods and techniques of scientific cognition. The principal ones included the dialectical method, comparative legal method, formal legal method, and method of logical analysis. The paper analyses the possibility of reference to the principle of self-determination of peoples by separatist entities in Ukraine as a justification for their activities. The minimum necessary criteria of legal grounds for self-determination are considered, including the presence of an effective connection of the subject of self-determination with a certain territory; the presence of the subject itself, i.e., the people (ethnos), which claims self-determination; and recognition by the international community of such a potential subject as the bearer of the right to self-determination. As for the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a certain territory for any ethnic group. This right is limited to the common interests of the entire people of the state, which lies in the unconditional preservation of the inviolability and integrity of its territory. As for the presence of the subject of self-determination itself, the people recognize the historical community of people that has developed in a certain territory and has stable features of language, culture, and mentality, as well as the awareness of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must obey the laws of the country of residence on the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, they recognize those who are under colonial rule, occupation by a foreign state, or who are subject to a policy of racism. Consequently, international law does not protect separatist movements whose goal is secession if they do not meet these criteria. This means that separatist entities in Ukraine are not entitled to secession, and by their methods of activity they are terrorist organizations. The practical value of the materials and conclusions presented in this paper lies in their further use in further developments aimed at the analysis and study of the self-determination of peoples through separatism, in the law-making sphere, and the sp","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116357688","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}
Стаття присвячена дослідженню наукових підходів до характеристики об’єктів природоресурсних правовідносин. Розкрито теоретичні положення представників юридичної науки щодо визначення поняття природних ресурсів як об’єктів природоресурсних правовідносин, виокремлення їх юридичних ознак. Проаналізовано наукові підходи до правової природи кліматичних ресурсів та їх місця у сучасній системі природоресурсних правовідносин. Природоресурсні відносини складаються з приводу використання та відтворення природних ресурсів або їх властивостей (наприклад, потенційна енергія вод, яка перетворюється на електричну енергію, поверхня води для потреб водного транспорту, властивості атмосферного повітря вміщувати та розчиняти (зменшувати концентрацію) забруднюючі речовини, властивість надр містити в собі підземні сховища газу тощо). Кліматичними ресурсами називають невичерпні природні ресурси, що включають в себе сонячну енергію, вологу, енергію вітру тощо і визначаються особливостями клімату. Використання визначених властивостей кліматичних ресурсів в якості, насамперед, альтернативних джерел енергії є вкрай актуальним. Кліматичні ресурси на більшій частині території України сприятливі для розвитку альтернативної енергетики. Однак, сучасний стан правового регулювання діяльності, спрямованої на забезпечення раціонального й ефективного використання саме кліматичних ресурсів, потребує удосконалення.
{"title":"Climate resources as objects of natural resources legal relations","authors":"M. Deineha, V. Marinich","doi":"10.31548/law2021.04.04","DOIUrl":"https://doi.org/10.31548/law2021.04.04","url":null,"abstract":"Стаття присвячена дослідженню наукових підходів до характеристики об’єктів природоресурсних правовідносин. Розкрито теоретичні положення представників юридичної науки щодо визначення поняття природних ресурсів як об’єктів природоресурсних правовідносин, виокремлення їх юридичних ознак. Проаналізовано наукові підходи до правової природи кліматичних ресурсів та їх місця у сучасній системі природоресурсних правовідносин. Природоресурсні відносини складаються з приводу використання та відтворення природних ресурсів або їх властивостей (наприклад, потенційна енергія вод, яка перетворюється на електричну енергію, поверхня води для потреб водного транспорту, властивості атмосферного повітря вміщувати та розчиняти (зменшувати концентрацію) забруднюючі речовини, властивість надр містити в собі підземні сховища газу тощо). Кліматичними ресурсами називають невичерпні природні ресурси, що включають в себе сонячну енергію, вологу, енергію вітру тощо і визначаються особливостями клімату. Використання визначених властивостей кліматичних ресурсів в якості, насамперед, альтернативних джерел енергії є вкрай актуальним. Кліматичні ресурси на більшій частині території України сприятливі для розвитку альтернативної енергетики. Однак, сучасний стан правового регулювання діяльності, спрямованої на забезпечення раціонального й ефективного використання саме кліматичних ресурсів, потребує удосконалення.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128768235","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 building a legal state, one of its key criteria is the creation of an honest, transparent, and effective judiciary. The essential need for radical changes in the judicial system and the reform of its individual institutions is a requirement of time. The main purpose of the judicial and legal reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, effective, and responsible judiciary, which will be trusted by society. During the study, the method of analysis and synthesis was used for the methodological basis, thanks to which the main types of simplified procedures, their features, and legal nature were determined. Using the historical method, the emergence and development of simplified judicial procedures was investigated. Based on the dialectical method, the terms “simplified judicial procedures”, “writ proceedings” and “simplified claim proceedings” were formulated. The formal logical method was used to identify shortcomings in the legal regulation and procedural regulation of simplified judicial procedures under the new Economic Procedural Code of Ukraine. The theoretical and predictive method was used to develop and outline the main vectors for introducing changes to the legislation of Ukraine within the framework of consideration of cases in simplified proceedings. The qualifying features of simplified judicial procedures were formulated as follows: a special procedural form, voluntary application by stakeholders, special admission criteria, a special regime for applying evidence, and a special procedure for reviewing court decisions. Considering the legal nature of simplified judicial procedures, it was justified that the latter should include only writ and simplified claim proceedings. Therewith, writ proceedings are a special form of simplified judicial procedures in the economic process, which lies in persistent protection of undisputed rights, freedoms, and legitimate interests of a person, which occurs based on issuing a suitable court order. Simplified claim proceedings are a special form of simplified court procedures within the framework of economic proceedings, which lies in the rapid protection of the rights, freedoms, and legitimate interests of a person, based on the insignificance of 6 stated requirements, the availability of written documents, without holding full-fledged court sessions and with the issuance of a special court decision. It was proposed to add amendments to the corresponding economic procedural legislation of Ukraine regarding the regulation of the procedure for considering economic disputes in the simplified claim proceedings. Judicial legal reform in Ukraine is complex and involves amendments to the Constitution of Ukraine, legislation on the judicial system and status of judges, reform of related institutions (prosecutor’s office, bar, law enforcement agencies), as well as improvement of procedural legislation and legislation governing the p
{"title":"Simplified claim proceedings: Legislative regulation of the Economic Procedure Code of Ukraine","authors":"O. Svitlychnyi, Vladyslav Sulim","doi":"10.31548/law2021.04.10","DOIUrl":"https://doi.org/10.31548/law2021.04.10","url":null,"abstract":"In building a legal state, one of its key criteria is the creation of an honest, transparent, and effective judiciary. The essential need for radical changes in the judicial system and the reform of its individual institutions is a requirement of time. The main purpose of the judicial and legal reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, effective, and responsible judiciary, which will be trusted by society. During the study, the method of analysis and synthesis was used for the methodological basis, thanks to which the main types of simplified procedures, their features, and legal nature were determined. Using the historical method, the emergence and development of simplified judicial procedures was investigated. Based on the dialectical method, the terms “simplified judicial procedures”, “writ proceedings” and “simplified claim proceedings” were formulated. The formal logical method was used to identify shortcomings in the legal regulation and procedural regulation of simplified judicial procedures under the new Economic Procedural Code of Ukraine. The theoretical and predictive method was used to develop and outline the main vectors for introducing changes to the legislation of Ukraine within the framework of consideration of cases in simplified proceedings. The qualifying features of simplified judicial procedures were formulated as follows: a special procedural form, voluntary application by stakeholders, special admission criteria, a special regime for applying evidence, and a special procedure for reviewing court decisions. Considering the legal nature of simplified judicial procedures, it was justified that the latter should include only writ and simplified claim proceedings. Therewith, writ proceedings are a special form of simplified judicial procedures in the economic process, which lies in persistent protection of undisputed rights, freedoms, and legitimate interests of a person, which occurs based on issuing a suitable court order. Simplified claim proceedings are a special form of simplified court procedures within the framework of economic proceedings, which lies in the rapid protection of the rights, freedoms, and legitimate interests of a person, based on the insignificance of 6 stated requirements, the availability of written documents, without holding full-fledged court sessions and with the issuance of a special court decision. It was proposed to add amendments to the corresponding economic procedural legislation of Ukraine regarding the regulation of the procedure for considering economic disputes in the simplified claim proceedings. Judicial legal reform in Ukraine is complex and involves amendments to the Constitution of Ukraine, legislation on the judicial system and status of judges, reform of related institutions (prosecutor’s office, bar, law enforcement agencies), as well as improvement of procedural legislation and legislation governing the p","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132491307","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}
Agrarian insurance is a prerequisite for the existence of agriculture, especially for agrarian countries. The present puts before agricultural production serious climatic, economic, and biological challenges. Insurance should become a tool that will help balance risks between all participants in agrarian insurance relations and reduce the adverse impact on agricultural production and the standard of living in the state. Proceeding from this, the purpose of this study was to investigate the issue of legal regulation of animal insurance as a compulsory type of insurance and outline the prospects for the development of such types of insurance. The method for investigating this issue was the analysis of the current national legislation, which suggested that the legal regulation of animal insurance meets its conditions in national regulations. Based on the analysis of regulations governing the procedure for insurance of farm animals, the study examined the problematic issues and suggested ways to eliminate conflicts in the legal regulation of this type of insurance. The problems of determining the list of animals subject to compulsory insurance were investigated and ways to solve them were proposed. The paper analysed the issue of legal expansion of the range of insurance risks for animal insurance contracts within the framework of the Law of Ukraine “On the Specifics of Insurance of Agricultural Products with State Support”. The proposed amendments to the regulations in the field of breeding animal insurance will harmonize the corresponding legislation, as well as improve awareness of breeding animals for regulatory authorities, consumers of relevant products and insurers. The materials of this paper are of practical value for further research of the legal regulation of animal insurance, their improvement, and identification of new issues in national regulations.
{"title":"Some issues of legal regulation of animal insurance as a compulsory type of insurance","authors":"I. Horislavska","doi":"10.31548/law2021.04.12","DOIUrl":"https://doi.org/10.31548/law2021.04.12","url":null,"abstract":"Agrarian insurance is a prerequisite for the existence of agriculture, especially for agrarian countries. The present puts before agricultural production serious climatic, economic, and biological challenges. Insurance should become a tool that will help balance risks between all participants in agrarian insurance relations and reduce the adverse impact on agricultural production and the standard of living in the state. Proceeding from this, the purpose of this study was to investigate the issue of legal regulation of animal insurance as a compulsory type of insurance and outline the prospects for the development of such types of insurance. The method for investigating this issue was the analysis of the current national legislation, which suggested that the legal regulation of animal insurance meets its conditions in national regulations. Based on the analysis of regulations governing the procedure for insurance of farm animals, the study examined the problematic issues and suggested ways to eliminate conflicts in the legal regulation of this type of insurance. The problems of determining the list of animals subject to compulsory insurance were investigated and ways to solve them were proposed. The paper analysed the issue of legal expansion of the range of insurance risks for animal insurance contracts within the framework of the Law of Ukraine “On the Specifics of Insurance of Agricultural Products with State Support”. The proposed amendments to the regulations in the field of breeding animal insurance will harmonize the corresponding legislation, as well as improve awareness of breeding animals for regulatory authorities, consumers of relevant products and insurers. The materials of this paper are of practical value for further research of the legal regulation of animal insurance, their improvement, and identification of new issues in national regulations.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"7 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120842992","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, overregulation of water bodies, disruption of water runoff, unsatisfactory functioning or complete absence of drainage systems, reduction of forest areas, Ukraine will not avoid the problems related to land flooding. The harmful effects of water are caused by both global factors, such as warming and melting of glaciers, and regional features, namely the system of water exchange between water bodies, changes in precipitation and river flow. Land flooding is a phenomenon that cannot be completely prevented. However, human activity increases its probability and impact. The risk of flooding and the extent of damage caused, as well as the impact on the health and socio-economic situation of those affected, will continue to increase because of climate change. Inadequate river management, construction in freshet-prone areas, and the growing population living in these areas further exacerbate the effects of land flooding. Ukraine has already taken appropriate steps to implement the provisions of international acts in the field of preventing and combating land flooding in national legislation. However, the quality of implementation of national programs in the defined area leaves much to be desired, as most of the measures, unfortunately, are not implemented. Failure to comply with measures in certain amounts creates high risks of land flooding, as a result of which the population and the national economy suffer multimillion-dollar losses.
{"title":"Legal provision of prevention and combating land flooding in Ukraine","authors":"M. Deineha","doi":"10.31548/law2021.04.03","DOIUrl":"https://doi.org/10.31548/law2021.04.03","url":null,"abstract":"Due to global warming, overregulation of water bodies, disruption of water runoff, unsatisfactory functioning or complete absence of drainage systems, reduction of forest areas, Ukraine will not avoid the problems related to land flooding. The harmful effects of water are caused by both global factors, such as warming and melting of glaciers, and regional features, namely the system of water exchange between water bodies, changes in precipitation and river flow. Land flooding is a phenomenon that cannot be completely prevented. However, human activity increases its probability and impact. The risk of flooding and the extent of damage caused, as well as the impact on the health and socio-economic situation of those affected, will continue to increase because of climate change. Inadequate river management, construction in freshet-prone areas, and the growing population living in these areas further exacerbate the effects of land flooding. Ukraine has already taken appropriate steps to implement the provisions of international acts in the field of preventing and combating land flooding in national legislation. However, the quality of implementation of national programs in the defined area leaves much to be desired, as most of the measures, unfortunately, are not implemented. Failure to comply with measures in certain amounts creates high risks of land flooding, as a result of which the population and the national economy suffer multimillion-dollar losses.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129751054","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}
This paper raises the issue of the need to introduce the term “environmental accounting” into legal circulation, which has existed in economic sciences since the 1970s, and in environmental and legal science – as “state accounting in the field of the natural environment”. As for Ukrainian legislation, it does not contain a name that unites many types of cadastres, registers, registers, reports, and other environmental information. It was established that in the system of Ukrainian legislation, cadastres of natural resources, accounting for objects harmful to the environment, accounting for substances harmful to the environment, as well as factors of harmful impact on the environment (chemical, physical, biological) are subject to legal regulation, within the framework of the outlined topic. Unfortunately, many of these accounting data are closed, incomplete, or not present at all. At the same time, at the international and European level, these processes are rapidly developing, and today there is already a need to expand such data, by including in the relevant accounting resources information on issued permits for the use of natural resources, payment of environmental payments, fines, production of environmentally safe products, etc. Based on this, a proposal is put forward on the need to systematize Ukrainian legislation on environmental accounting by developing and adopting a special regulation that would meet international and European requirements in this area. A proposal is also made on the need to transform the provisions of Articles 23 and 24 of the Law of Ukraine “On Environmental Protection” by combining them and expanding their content, including all types of environmental accounting. It was established that Ukraine has already commenced the adaptation of legislation on this issue, specifically by establishing requirements for digitalization of all environmental data, i.e., the creation of a single ecological electronic platform, which currently is only at the beginning of its development.
{"title":"Legal issues of digitalization of environmental accounting data","authors":"Yu.A. Krasnova","doi":"10.31548/law2021.04.05","DOIUrl":"https://doi.org/10.31548/law2021.04.05","url":null,"abstract":"This paper raises the issue of the need to introduce the term “environmental accounting” into legal circulation, which has existed in economic sciences since the 1970s, and in environmental and legal science – as “state accounting in the field of the natural environment”. As for Ukrainian legislation, it does not contain a name that unites many types of cadastres, registers, registers, reports, and other environmental information. It was established that in the system of Ukrainian legislation, cadastres of natural resources, accounting for objects harmful to the environment, accounting for substances harmful to the environment, as well as factors of harmful impact on the environment (chemical, physical, biological) are subject to legal regulation, within the framework of the outlined topic. Unfortunately, many of these accounting data are closed, incomplete, or not present at all. At the same time, at the international and European level, these processes are rapidly developing, and today there is already a need to expand such data, by including in the relevant accounting resources information on issued permits for the use of natural resources, payment of environmental payments, fines, production of environmentally safe products, etc. Based on this, a proposal is put forward on the need to systematize Ukrainian legislation on environmental accounting by developing and adopting a special regulation that would meet international and European requirements in this area. A proposal is also made on the need to transform the provisions of Articles 23 and 24 of the Law of Ukraine “On Environmental Protection” by combining them and expanding their content, including all types of environmental accounting. It was established that Ukraine has already commenced the adaptation of legislation on this issue, specifically by establishing requirements for digitalization of all environmental data, i.e., the creation of a single ecological electronic platform, which currently is only at the beginning of its development.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128800102","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 need to edit the Criminal Code of Ukraine emerged due to the outdated Soviet content of laws that are unable to handle modern issues. In addition, considering the modern needs, it does not make provision for the fulfilment of tasks set by society for the law enforcement system. The idea of the new Criminal Code lies in the protection of the interests of victims, as well as in its more effective use by citizens. Considering the current continuation of work on the draft, the purpose of this paper was to investigate the provisions of the proposed action plan for the Criminal Code of Ukraine. During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied. The paper analysed the new criminal program proposed for discussion and focused on the areas of reforming the criminal justice system. It was found that the plan proposed for consideration is aimed at protecting the interests of victims, and it is stipulated that it should be convenient to use. The draft stipulates that the new Criminal Code and its application must comply with the decisions of the European Court of Human Rights regarding Ukraine. It was established that the draft of the Criminal Code of Ukraine prescribes the responsibility of officials for non-compliance with the decisions of the European Court of Human Rights. Due to the analysis of prospective legislation on criminal responsibility, a conclusion was made about choosing the correct vector to implement the main idea of the new Criminal Code of Ukraine – ensuring justice in the field of criminal justice on new foundations, classifying offences proceeding from the type of damage caused and establishing typical sanctions, determining the relationship between the severity of criminal offences according to an objective criterion, unification of circumstances that increase or decrease the degree of severity, elimination of gaps. The materials of this paper are of practical value for future research of experts, discovery of new questions, proposals, and analysis of new amendments to the draft of the new Criminal Code of Ukraine.
{"title":"Draft Criminal Code of Ukraine: Innovations","authors":"S. Kovaliova","doi":"10.31548/law2021.04.17","DOIUrl":"https://doi.org/10.31548/law2021.04.17","url":null,"abstract":"The need to edit the Criminal Code of Ukraine emerged due to the outdated Soviet content of laws that are unable to handle modern issues. In addition, considering the modern needs, it does not make provision for the fulfilment of tasks set by society for the law enforcement system. The idea of the new Criminal Code lies in the protection of the interests of victims, as well as in its more effective use by citizens. Considering the current continuation of work on the draft, the purpose of this paper was to investigate the provisions of the proposed action plan for the Criminal Code of Ukraine. During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied. The paper analysed the new criminal program proposed for discussion and focused on the areas of reforming the criminal justice system. It was found that the plan proposed for consideration is aimed at protecting the interests of victims, and it is stipulated that it should be convenient to use. The draft stipulates that the new Criminal Code and its application must comply with the decisions of the European Court of Human Rights regarding Ukraine. It was established that the draft of the Criminal Code of Ukraine prescribes the responsibility of officials for non-compliance with the decisions of the European Court of Human Rights. Due to the analysis of prospective legislation on criminal responsibility, a conclusion was made about choosing the correct vector to implement the main idea of the new Criminal Code of Ukraine – ensuring justice in the field of criminal justice on new foundations, classifying offences proceeding from the type of damage caused and establishing typical sanctions, determining the relationship between the severity of criminal offences according to an objective criterion, unification of circumstances that increase or decrease the degree of severity, elimination of gaps. The materials of this paper are of practical value for future research of experts, discovery of new questions, proposals, and analysis of new amendments to the draft of the new Criminal Code of Ukraine.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115074934","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}
This paper considered the issues of legal regulation of information support on soils. The article describes large-scale soil studies in Ukraine that were conducted during 1957-1961. The reasons for the inconsistency of the available information on the structure and condition of the soil cover were found. It was proved that environmental impact assessment data from environmental monitoring, soil surveys, cadastral documentation, etc., can be sources of environmental Information. The conducted legal analysis suggested that the Draft Law of Ukraine “On Conservation of Soil and Protection of Their Fertility” should prescribe that documented information on the state of soils and implemented measures for soil protection should be open, publicly available, since it is of public interest, except for information that is classified as restricted access.
{"title":"Legal regulation of soil information support","authors":"N. Havrysh, K. Slepnova","doi":"10.31548/law2021.04.02","DOIUrl":"https://doi.org/10.31548/law2021.04.02","url":null,"abstract":"This paper considered the issues of legal regulation of information support on soils. The article describes large-scale soil studies in Ukraine that were conducted during 1957-1961. The reasons for the inconsistency of the available information on the structure and condition of the soil cover were found. It was proved that environmental impact assessment data from environmental monitoring, soil surveys, cadastral documentation, etc., can be sources of environmental Information. The conducted legal analysis suggested that the Draft Law of Ukraine “On Conservation of Soil and Protection of Their Fertility” should prescribe that documented information on the state of soils and implemented measures for soil protection should be open, publicly available, since it is of public interest, except for information that is classified as restricted access.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115557282","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 recent years, Ukraine has received not only new legislation, a new regulator, but also a new national intellectual property body. On the initiative of the Ministry of Economy of Ukraine, Resolution of the Cabinet of Ministers of Ukraine No. 1267-р dated 13.10.2020, to implement Item 7.1 of Section II “Final and Transitional Provisions” of the Law of Ukraine No. 703-IX “On Amendments to Certain Laws of Ukraine Regarding the Creation of a National Intellectual Property Body” dated 16.06.2020 determined that the State Enterprise “Ukrainian Institute of Intellectual Property” performs the functions of the National Intellectual Property Body. Given that the state structures considered six options for the formation of a new national body, the temporary designation of the Ukrainian Institute of Intellectual Property as the National Intellectual Property Body was, on the one hand, the optimal solution, and on the other hand, the system of intellectual property protection with amendments to some laws of Ukraine regarding the creation of a national intellectual property body, underwent substantial changes that could not affect the entire system of intellectual property protection in the country. Based on the relevance of the topic, the purpose of this paper was to figure out and analyse the state of Ukraine’s performance of international obligations in the field of intellectual property, as well as the adoption of a national strategy to develop the specified area and find effective methods for its practical implementation. The leading methods for investigating this issue were as follows: functional approach (considers the management system of the enterprise in the form of a set of functions, i.e., actions united by a common content, properties, and nature of activity), the method of logical analysis (which is based on logical premises and conclusions), the method of synthesis (the content of which is to combine previously dissected parts of the subject into a single whole), the method of deduction (the method of transition from knowledge of general laws to its separate manifestation), etc. This paper determined that the National Strategy for the Development of Intellectual Property in Ukraine for 2020–2025 is not a panacea for current issues. It was also found out that the basis for the unity and integrated nature of national policy is the adoption of national strategies for the development of intellectual property. Furthermore, the state should implement a plan for the practical implementation of the strategy since practice confirms the ineffectiveness of the implementation of such documents after adoption. Therefore, it is necessary to organize the efforts of all branches of government as much as possible to focus on the performance and implementation of the introduced reform. An essential step in this area is the completion of judicial reform. This strategy should reflect the adaptation of the Institute of Intellectual Property to general global tren
{"title":"National strategy for the development and protection of intellectual property","authors":"O. Svitlychnyi","doi":"10.31548/law2021.04.11","DOIUrl":"https://doi.org/10.31548/law2021.04.11","url":null,"abstract":"In recent years, Ukraine has received not only new legislation, a new regulator, but also a new national intellectual property body. On the initiative of the Ministry of Economy of Ukraine, Resolution of the Cabinet of Ministers of Ukraine No. 1267-р dated 13.10.2020, to implement Item 7.1 of Section II “Final and Transitional Provisions” of the Law of Ukraine No. 703-IX “On Amendments to Certain Laws of Ukraine Regarding the Creation of a National Intellectual Property Body” dated 16.06.2020 determined that the State Enterprise “Ukrainian Institute of Intellectual Property” performs the functions of the National Intellectual Property Body. Given that the state structures considered six options for the formation of a new national body, the temporary designation of the Ukrainian Institute of Intellectual Property as the National Intellectual Property Body was, on the one hand, the optimal solution, and on the other hand, the system of intellectual property protection with amendments to some laws of Ukraine regarding the creation of a national intellectual property body, underwent substantial changes that could not affect the entire system of intellectual property protection in the country. Based on the relevance of the topic, the purpose of this paper was to figure out and analyse the state of Ukraine’s performance of international obligations in the field of intellectual property, as well as the adoption of a national strategy to develop the specified area and find effective methods for its practical implementation. The leading methods for investigating this issue were as follows: functional approach (considers the management system of the enterprise in the form of a set of functions, i.e., actions united by a common content, properties, and nature of activity), the method of logical analysis (which is based on logical premises and conclusions), the method of synthesis (the content of which is to combine previously dissected parts of the subject into a single whole), the method of deduction (the method of transition from knowledge of general laws to its separate manifestation), etc. This paper determined that the National Strategy for the Development of Intellectual Property in Ukraine for 2020–2025 is not a panacea for current issues. It was also found out that the basis for the unity and integrated nature of national policy is the adoption of national strategies for the development of intellectual property. Furthermore, the state should implement a plan for the practical implementation of the strategy since practice confirms the ineffectiveness of the implementation of such documents after adoption. Therefore, it is necessary to organize the efforts of all branches of government as much as possible to focus on the performance and implementation of the introduced reform. An essential step in this area is the completion of judicial reform. This strategy should reflect the adaptation of the Institute of Intellectual Property to general global tren","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125718923","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 idea of organic production (agriculture) is to completely abandon the use of genetically modified organisms (GMOs), antibiotics, pesticides, and mineral fertilizers. This increases the natural biological activity in the soil, restoring the balance of nutrients, enhancing the regenerative properties, normalizing the work of living organisms, humus growth, and results in an increase in crop yields. The result of organic production is environmentally friendly products that are free of GMOs and chemical elements that are not inherent in food products. The idea of organic farming is popular in many countries around the world, including Europe. In this regard, this article is aimed at investigating the suitability of land for organic agricultural production. This paper also has to justify the already constructed scientific provisions and provide recommendations for modernizing legislation in this area. The leading method for researching this problem addresses the gaps in the laws “On the Production and Circulation of Organic Agricultural Products and Raw Materials”, “On the Protection of Lands”, in the draft “Procedure for estimating the suitability of land (soils) and establishing zones for the production of organic products and raw materials”, and issues related to legal editing and supplementing requirements regarding land for organic production. This paper analyses the current state of legal support for estimating the suitability of land for organic agricultural production. It was found that in contrast to the previous legislation in the field of organic production, circulation, and labelling of organic products, the current Law of Ukraine No. 2496-VIII “On Fundamental Principles and Requirements for Organic Production, Circulation, and Labelling of Organic Products” dated 10.07.2018 does not prescribe an estimation of the suitability of agricultural land plots to produce organic goods. There are no requirements for such an estimation in the sub-legislation governing this sphere of public relations. As a result, the first step to regulating the estimation of agricultural land for organic production is to conduct agrochemical certification of land to be used for organic production. This element is a fundamental way to figure out the soil quality indicators. It is proposed to amend Part 5 of Art. 37 of the Law of Ukraine “On Land Protection”; Clause 3 of the Procedure for Certification of Organic Production and/or Circulation of Organic Products, approved by Resolution No. 1032 of the Cabinet of Ministers of Ukraine dated October 21, 2020; clauses 1.5 and 1.6 of the Procedure for maintaining the agrochemical passport of the field, land plot, approved by the Order of the Ministry of Agrarian Policy and Food of Ukraine No. 536 dated 11.10.2011. The introduced innovations will allow objectively estimating the qualitative state of such lands and will serve as a guarantee for organic crop production.
{"title":"Estimation of the suitability of land for organic agricultural production: Certain aspects of legal support","authors":"T. Novak","doi":"10.31548/law2021.04.07","DOIUrl":"https://doi.org/10.31548/law2021.04.07","url":null,"abstract":"The idea of organic production (agriculture) is to completely abandon the use of genetically modified organisms (GMOs), antibiotics, pesticides, and mineral fertilizers. This increases the natural biological activity in the soil, restoring the balance of nutrients, enhancing the regenerative properties, normalizing the work of living organisms, humus growth, and results in an increase in crop yields. The result of organic production is environmentally friendly products that are free of GMOs and chemical elements that are not inherent in food products. The idea of organic farming is popular in many countries around the world, including Europe. In this regard, this article is aimed at investigating the suitability of land for organic agricultural production. This paper also has to justify the already constructed scientific provisions and provide recommendations for modernizing legislation in this area. The leading method for researching this problem addresses the gaps in the laws “On the Production and Circulation of Organic Agricultural Products and Raw Materials”, “On the Protection of Lands”, in the draft “Procedure for estimating the suitability of land (soils) and establishing zones for the production of organic products and raw materials”, and issues related to legal editing and supplementing requirements regarding land for organic production. This paper analyses the current state of legal support for estimating the suitability of land for organic agricultural production. It was found that in contrast to the previous legislation in the field of organic production, circulation, and labelling of organic products, the current Law of Ukraine No. 2496-VIII “On Fundamental Principles and Requirements for Organic Production, Circulation, and Labelling of Organic Products” dated 10.07.2018 does not prescribe an estimation of the suitability of agricultural land plots to produce organic goods. There are no requirements for such an estimation in the sub-legislation governing this sphere of public relations. As a result, the first step to regulating the estimation of agricultural land for organic production is to conduct agrochemical certification of land to be used for organic production. This element is a fundamental way to figure out the soil quality indicators. It is proposed to amend Part 5 of Art. 37 of the Law of Ukraine “On Land Protection”; Clause 3 of the Procedure for Certification of Organic Production and/or Circulation of Organic Products, approved by Resolution No. 1032 of the Cabinet of Ministers of Ukraine dated October 21, 2020; clauses 1.5 and 1.6 of the Procedure for maintaining the agrochemical passport of the field, land plot, approved by the Order of the Ministry of Agrarian Policy and Food of Ukraine No. 536 dated 11.10.2011. The introduced innovations will allow objectively estimating the qualitative state of such lands and will serve as a guarantee for organic crop production.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127870174","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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