Pub Date : 2023-07-04DOI: 10.15330/apiclu.62.4.44-4.52
M.M. Ostapiak
This article examines the peculiarities of the application of standard forms (templates) of procedural documents in the civil proceedings of the EU member states.In the member states of the European Union, the use of standard forms for filing procedural documents in civil proceedings has its own characteristics. The main features of this approach include: 1. Standardization of the process, that is, in many EU member states there are standard forms for different types of procedural documents, such as statements of claim, responses, petitions, etc. These forms are often developed in accordance with legislation and procedural practice, which simplifies their filling and submission. 2. Ease of use for litigants: The use of standard templates makes it easier for litigants, especially those representing themselves without legal assistance. 3. Simplifying the filling process, and forms often contain specific questions that parties need to answer. This simplifies the process of filling out documents, as the parties can use ready-made templates and answer specific questions. 5. Encouraging electronic filing: Many EU countries have implemented electronic filing systems, where standard forms can be completed and filed electronically. 6. Reducing the possibility of errors, because standard forms help to avoid misunderstandings and errors in the wording of legal documents, since they have clearly defined sections and requirements.The general purpose of the application of standard templates in the civil proceedings of the EU member states is to make the judicial process more accessible, efficient and understandable for citizens and to reduce administrative difficulties for the courts. Also, such procedural forms are one of the important elements of civil proceedings, which are present in a simplified lawsuit.
{"title":"Standard forms (templates) of procedural documents as an element of simplifying civil proceedings in EU member states","authors":"M.M. Ostapiak","doi":"10.15330/apiclu.62.4.44-4.52","DOIUrl":"https://doi.org/10.15330/apiclu.62.4.44-4.52","url":null,"abstract":"This article examines the peculiarities of the application of standard forms (templates) of procedural documents in the civil proceedings of the EU member states.In the member states of the European Union, the use of standard forms for filing procedural documents in civil proceedings has its own characteristics. The main features of this approach include: 1. Standardization of the process, that is, in many EU member states there are standard forms for different types of procedural documents, such as statements of claim, responses, petitions, etc. These forms are often developed in accordance with legislation and procedural practice, which simplifies their filling and submission. 2. Ease of use for litigants: The use of standard templates makes it easier for litigants, especially those representing themselves without legal assistance. 3. Simplifying the filling process, and forms often contain specific questions that parties need to answer. This simplifies the process of filling out documents, as the parties can use ready-made templates and answer specific questions. 5. Encouraging electronic filing: Many EU countries have implemented electronic filing systems, where standard forms can be completed and filed electronically. 6. Reducing the possibility of errors, because standard forms help to avoid misunderstandings and errors in the wording of legal documents, since they have clearly defined sections and requirements.The general purpose of the application of standard templates in the civil proceedings of the EU member states is to make the judicial process more accessible, efficient and understandable for citizens and to reduce administrative difficulties for the courts. Also, such procedural forms are one of the important elements of civil proceedings, which are present in a simplified lawsuit.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-04DOI: 10.15330/apiclu.62.1.25-1.35
O.V. Shvydkova, D.V. Svoiak
In the article, with the aim of researching the legal and practical model of cancellation of property seizure in criminal proceedings at the stage of pre-trial investigation and determining ways of their improvement, it is emphasized that the institution of cancellation of property seizure in criminal proceedings is a necessary element of the observance of the fundamental rights guaranteed by the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the restoration of the right to peaceful possession of property, in which the state intervened during the investigation of the criminal proceedings, which were closed.Considered topical issues of the procedure for canceling the seizure of property during the pre-trial investigation in case of closing the criminal proceedings by the investigator or inquirer. The ways of canceling the arrest imposed on property within the framework of criminal proceedings during the pre-trial investigation are highlighted.It is pointed out the unequal judicial practice regarding the solution of this issue, which was regulated by the adoption of a resolution by the Grand Chamber of the Supreme Court. Further changes in the legislation regarding the termination of the decisions of the investigating judge on the application of measures to ensure the criminal proceedings, which include the seizure of property, after the closure of the criminal proceedings, despite the fact that they should have changed judicial practice, but did not have a significant impact.Attention is focused on different ways of interpreting the procedural norm regarding the powers of the prosecutor to cancel the seizure of property upon closing the criminal proceedings, one of which empowers the prosecutor to issue a resolution on the cancellation of the seizure of property, even if the criminal proceedings are closed by the decision of the investigator, inquirer.The necessity of streamlining judicial practice and legislation, which regulates the procedure for keeping registers of encumbrances of property rights, is indicated. A conclusion was made regarding the need to improve the procedure for canceling the seizure of property in criminal proceedings in terms of introducing a mechanism for automatic restoration of the rights of the owner (possessor) of such property.
{"title":"Cancellation Of Seizure Of Property At The Stage Of Pre-Trial Investigation As An Element Of Due Legal Procedure","authors":"O.V. Shvydkova, D.V. Svoiak","doi":"10.15330/apiclu.62.1.25-1.35","DOIUrl":"https://doi.org/10.15330/apiclu.62.1.25-1.35","url":null,"abstract":"In the article, with the aim of researching the legal and practical model of cancellation of property seizure in criminal proceedings at the stage of pre-trial investigation and determining ways of their improvement, it is emphasized that the institution of cancellation of property seizure in criminal proceedings is a necessary element of the observance of the fundamental rights guaranteed by the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the restoration of the right to peaceful possession of property, in which the state intervened during the investigation of the criminal proceedings, which were closed.Considered topical issues of the procedure for canceling the seizure of property during the pre-trial investigation in case of closing the criminal proceedings by the investigator or inquirer. The ways of canceling the arrest imposed on property within the framework of criminal proceedings during the pre-trial investigation are highlighted.It is pointed out the unequal judicial practice regarding the solution of this issue, which was regulated by the adoption of a resolution by the Grand Chamber of the Supreme Court. Further changes in the legislation regarding the termination of the decisions of the investigating judge on the application of measures to ensure the criminal proceedings, which include the seizure of property, after the closure of the criminal proceedings, despite the fact that they should have changed judicial practice, but did not have a significant impact.Attention is focused on different ways of interpreting the procedural norm regarding the powers of the prosecutor to cancel the seizure of property upon closing the criminal proceedings, one of which empowers the prosecutor to issue a resolution on the cancellation of the seizure of property, even if the criminal proceedings are closed by the decision of the investigator, inquirer.The necessity of streamlining judicial practice and legislation, which regulates the procedure for keeping registers of encumbrances of property rights, is indicated. A conclusion was made regarding the need to improve the procedure for canceling the seizure of property in criminal proceedings in terms of introducing a mechanism for automatic restoration of the rights of the owner (possessor) of such property.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-04DOI: 10.15330/apiclu.62.3.1-3.10
O.V. Hafurova, T.S. Novak
The article is devoted to the study of such an urgent issue for the modern stage of our state’s existence as the legal provision of informing the population about the state of food security. As a result, a theoretical and legal analysis of the concept of «environmental information» was carried out in the context of providing the population with information about the state of food security in the country. The expediency of expanding the content of the term «environmental information» with information about the state of health and safety of people has been determined. This information should not only relate to food safety information, but also include information on the country’s food security status. The corresponding amendments to the environmental legislation regarding the definition of the concept of «environmental information» as meeting the international standards of environmental information were positively evaluated. The need to include information on the quality and safety of food products in the food safety criteria is substantiated. Attention is focused on negative trends in the legal regulation of ensuring the quality and safety of food products in the conditions of war. A conclusion was made about the violation of a number of principles of state policy in the sphere of ensuring sanitary and epidemic welfare of the population due to: simplification of state registration of plant protection products; simplification of state registration of plant varieties that were created using genetically modified sources; enabling the introduction into circulation of feed additives that consist of, contain or are made from genetically modified organisms. It has been proven that the implementation of such regulatory provisions can pose threats to both human health and the natural environment.
{"title":"Environmental information and information about the state of food security: the relationship of the concepts","authors":"O.V. Hafurova, T.S. Novak","doi":"10.15330/apiclu.62.3.1-3.10","DOIUrl":"https://doi.org/10.15330/apiclu.62.3.1-3.10","url":null,"abstract":"The article is devoted to the study of such an urgent issue for the modern stage of our state’s existence as the legal provision of informing the population about the state of food security. As a result, a theoretical and legal analysis of the concept of «environmental information» was carried out in the context of providing the population with information about the state of food security in the country. The expediency of expanding the content of the term «environmental information» with information about the state of health and safety of people has been determined. This information should not only relate to food safety information, but also include information on the country’s food security status. The corresponding amendments to the environmental legislation regarding the definition of the concept of «environmental information» as meeting the international standards of environmental information were positively evaluated. The need to include information on the quality and safety of food products in the food safety criteria is substantiated. Attention is focused on negative trends in the legal regulation of ensuring the quality and safety of food products in the conditions of war. A conclusion was made about the violation of a number of principles of state policy in the sphere of ensuring sanitary and epidemic welfare of the population due to: simplification of state registration of plant protection products; simplification of state registration of plant varieties that were created using genetically modified sources; enabling the introduction into circulation of feed additives that consist of, contain or are made from genetically modified organisms. It has been proven that the implementation of such regulatory provisions can pose threats to both human health and the natural environment.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-04DOI: 10.15330/apiclu.62.4.17-4.24
O.R. Kovalyshyn
The article is devoted to the study of historical and legal aspects of simplified proceedings in the civil procedure of Ukraine. It is noted that one of the important directions of development of modern procedural legislation, both civil and administrative, economic, is increasing the accessibility of justice, optimization, acceleration and simplification of judicial proceedings. This trend is clearly visible in the domestic judiciary.The author analyzes in detail the separate stages of the establishment, formation and improvement of the simplified proceedings’ legal regulation in the civil process of Ukraine.It is emphasized that in 2004, a new Code of Civil Procedure of Ukraine was adopted, in which the institution of injunctive proceedings, which was not provided for by civil procedural norms until now, was established. Simplified proceedings in its modern sense were not included in the text of the Code.Special attention was paid to the concept of improving the judiciary for the establishment of a fair court in Ukraine, which established the key for the further approval of simplified proceedings in the national legal system, the provision that in order to ensure the right of a person to quickly renew his rights, especially in uncomplicated cases, it is expedient to simplify the court procedure where such simplification will not violate the interests of the parties in the fair resolution of the case.The author concludes that the introduction of simplified proceedings (in the narrow sense) on the basis of the 2016-2017 reform was a natural step in the development of the national judiciary in the direction of harmonization with EU standards, the basis of which was laid by the Concept of Judicial Reform in Ukraine (1992).
{"title":"Simplified proceedings: a historical and legal aspect","authors":"O.R. Kovalyshyn","doi":"10.15330/apiclu.62.4.17-4.24","DOIUrl":"https://doi.org/10.15330/apiclu.62.4.17-4.24","url":null,"abstract":"The article is devoted to the study of historical and legal aspects of simplified proceedings in the civil procedure of Ukraine. It is noted that one of the important directions of development of modern procedural legislation, both civil and administrative, economic, is increasing the accessibility of justice, optimization, acceleration and simplification of judicial proceedings. This trend is clearly visible in the domestic judiciary.The author analyzes in detail the separate stages of the establishment, formation and improvement of the simplified proceedings’ legal regulation in the civil process of Ukraine.It is emphasized that in 2004, a new Code of Civil Procedure of Ukraine was adopted, in which the institution of injunctive proceedings, which was not provided for by civil procedural norms until now, was established. Simplified proceedings in its modern sense were not included in the text of the Code.Special attention was paid to the concept of improving the judiciary for the establishment of a fair court in Ukraine, which established the key for the further approval of simplified proceedings in the national legal system, the provision that in order to ensure the right of a person to quickly renew his rights, especially in uncomplicated cases, it is expedient to simplify the court procedure where such simplification will not violate the interests of the parties in the fair resolution of the case.The author concludes that the introduction of simplified proceedings (in the narrow sense) on the basis of the 2016-2017 reform was a natural step in the development of the national judiciary in the direction of harmonization with EU standards, the basis of which was laid by the Concept of Judicial Reform in Ukraine (1992).","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-28DOI: 10.15330/apiclu.61.1.1-1.14
Iu.S. Mytrofanova
The article deals with the issue of aggravating circumstances of criminal offenses against sexual freedom and sexual inviolability under Articles 152 and 153 of the Criminal Code of Ukraine. It highlights the controversial aspects of the issues under consideration, identifies certain inaccuracies in the current legislation on criminal liability for these acts, and makes proposals for improving some of the aggravating circumstances provided for in these articles of the Criminal Code.First of all, it should be noted that most articles of the Criminal Code of Ukraine contain an aggravating feature of a group of persons by prior conspiracy. The legislator has specified only the commission of an unlawful act by a group of persons, which is positive, since in this case this feature covers an offense committed by a group of persons without prior conspiracy, as well as with prior conspiracy, which makes the concept broader. The author does not agree with the classification of a group of persons as a particularly aggravated offense in articles 152 and 153 of the Criminal Code. Having analyzed the Criminal Code of Ukraine in terms of aggravating and particularly aggravating features, in which a group of persons is an aggravating feature and is placed together with repetitions in other parts of the articles, the author concludes that the new version of Articles 152 and 153 of the Criminal Code violates the legislative system. Attention is also drawn to the fact that Articles 152 and 153 of the Criminal Code of Ukraine do not contain an aggravating feature of committing an act by an organized group. In this regard, it is proposed to include such a feature as the commission of an act by a group of persons in the second parts of these articles of the Criminal Code of Ukraine as an aggravating feature together with repetition, and not as a particularly aggravating feature, and to include the commission of these acts by an organized group in the third parts of articles 152 and 153 of the Criminal Code of Ukraine - as a particularly aggravating feature.The author also paid special attention to the issue of the correct understanding of grave consequences as a particularly aggravating feature of criminal offenses under parts 5 of Articles 152 and 153 of the Criminal Code of Ukraine. The author suggests that grave consequences include physical, moral and material damage caused to the victim.
{"title":"Aggravating circumstances of criminal offences against sexual freedom and sexual inviolability (Articles 152 and 153 of the Criminal Code of Ukraine)","authors":"Iu.S. Mytrofanova","doi":"10.15330/apiclu.61.1.1-1.14","DOIUrl":"https://doi.org/10.15330/apiclu.61.1.1-1.14","url":null,"abstract":"The article deals with the issue of aggravating circumstances of criminal offenses against sexual freedom and sexual inviolability under Articles 152 and 153 of the Criminal Code of Ukraine. It highlights the controversial aspects of the issues under consideration, identifies certain inaccuracies in the current legislation on criminal liability for these acts, and makes proposals for improving some of the aggravating circumstances provided for in these articles of the Criminal Code.First of all, it should be noted that most articles of the Criminal Code of Ukraine contain an aggravating feature of a group of persons by prior conspiracy. The legislator has specified only the commission of an unlawful act by a group of persons, which is positive, since in this case this feature covers an offense committed by a group of persons without prior conspiracy, as well as with prior conspiracy, which makes the concept broader. The author does not agree with the classification of a group of persons as a particularly aggravated offense in articles 152 and 153 of the Criminal Code. Having analyzed the Criminal Code of Ukraine in terms of aggravating and particularly aggravating features, in which a group of persons is an aggravating feature and is placed together with repetitions in other parts of the articles, the author concludes that the new version of Articles 152 and 153 of the Criminal Code violates the legislative system. Attention is also drawn to the fact that Articles 152 and 153 of the Criminal Code of Ukraine do not contain an aggravating feature of committing an act by an organized group. In this regard, it is proposed to include such a feature as the commission of an act by a group of persons in the second parts of these articles of the Criminal Code of Ukraine as an aggravating feature together with repetition, and not as a particularly aggravating feature, and to include the commission of these acts by an organized group in the third parts of articles 152 and 153 of the Criminal Code of Ukraine - as a particularly aggravating feature.The author also paid special attention to the issue of the correct understanding of grave consequences as a particularly aggravating feature of criminal offenses under parts 5 of Articles 152 and 153 of the Criminal Code of Ukraine. The author suggests that grave consequences include physical, moral and material damage caused to the victim.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126375255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-28DOI: 10.15330/apiclu.61.4.23-4.38
O. Horbachenko
The comparative legal analysis of the experience of different states, in this case of Ukraine and Hungary, has even greater interest and novelty in the scientific field due to its lack of research, which makes this article an even greater contribution to science. Examining the sector, we can note the peculiarities of the modern state, which find their embodiment in the modification of the functions of the state. The development of theories of functions gives us the opportunity to forecast a specific situation related to the transformation of the state or its individual institutions, the implementation of state policy. The question of the system of institutional support of external functions, as well as the question of power sources, renewal, and activity of external functions, is always a relevant issue for the scientific sphere, due to constant changes. A full-scale war in Ukraine causes huge human, economic and cultural losses. Life was divided into «before the war» and «in the war». All this pushes Ukraine to the starting point of reference, where after the end of this agony-propaganda «military operation» there will be a period of great reconstruction and punishment of the guilty within the framework of international law. The purpose of each state, its directions of functioning, success, neglect, and limits of implementation can be vividly considered today under the prism of its external functions. The issue of state functions remains one of the key issues in the theory and practice of state formation. They play an important role in the implementation of state policy, because without influencing this or that phenomenon of social relations, the state is unable to solve the tasks set before it and achieve the set goals. Comprehensive implementation of state policy is a guarantee of a peaceful and safe existence and further development of the entire society. This scientific article highlights several structural parts of the external function: Essence and social purpose; Areas of state activity; The main direction of the influence of the state and its final goal (object); The method, form, and principle of implementation of the external functions of the state and the relationship of practical activities with the goal (toward which the functions are directed). However, this part of the article analyzes the first two components - the essence and social purpose and directions of state activity.
{"title":"Comparative legal analysis of the experience of Ukraine and Hungary in the context of component systems of institutional ensuring the external functions of the states","authors":"O. Horbachenko","doi":"10.15330/apiclu.61.4.23-4.38","DOIUrl":"https://doi.org/10.15330/apiclu.61.4.23-4.38","url":null,"abstract":"The comparative legal analysis of the experience of different states, in this case of Ukraine and Hungary, has even greater interest and novelty in the scientific field due to its lack of research, which makes this article an even greater contribution to science. Examining the sector, we can note the peculiarities of the modern state, which find their embodiment in the modification of the functions of the state. The development of theories of functions gives us the opportunity to forecast a specific situation related to the transformation of the state or its individual institutions, the implementation of state policy. The question of the system of institutional support of external functions, as well as the question of power sources, renewal, and activity of external functions, is always a relevant issue for the scientific sphere, due to constant changes. A full-scale war in Ukraine causes huge human, economic and cultural losses. Life was divided into «before the war» and «in the war». All this pushes Ukraine to the starting point of reference, where after the end of this agony-propaganda «military operation» there will be a period of great reconstruction and punishment of the guilty within the framework of international law. The purpose of each state, its directions of functioning, success, neglect, and limits of implementation can be vividly considered today under the prism of its external functions. The issue of state functions remains one of the key issues in the theory and practice of state formation. They play an important role in the implementation of state policy, because without influencing this or that phenomenon of social relations, the state is unable to solve the tasks set before it and achieve the set goals. Comprehensive implementation of state policy is a guarantee of a peaceful and safe existence and further development of the entire society. This scientific article highlights several structural parts of the external function: Essence and social purpose; Areas of state activity; The main direction of the influence of the state and its final goal (object); The method, form, and principle of implementation of the external functions of the state and the relationship of practical activities with the goal (toward which the functions are directed). However, this part of the article analyzes the first two components - the essence and social purpose and directions of state activity.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122906425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-28DOI: 10.15330/apiclu.61.2.96-2.108
O.S. Oliynyk
The article is devoted to the study of the institution of a legal entity in the context of recodification of the Civil Code of Ukraine. The scientific article highlights the retrospective of the formation of a legal entity, provides examples of understanding the nature of a legal entity at different stages of socio-economic development of society. Examples of concepts (theories) of a legal entity, which were formed in the scientific doctrine in the process of development of the institution of a legal entity, are given.The need to update the civil legislation of Ukraine in the light of Ukraine’s movement towards the European Community, hence the need to harmonize national legislation and EU law, including in matters relating to a legal entity, was emphasized. The importance of updating civil legislation - recodification - is emphasized.Particular attention is paid to the criteria of systematization of legal entities, including the method of creating a legal entity, the method of organizing the management of a legal entity, the method of acquiring property, the peculiarities of liability of a legal entity. Attention is paid to the category of organizational and legal form of a legal entity and the meaning of this criterion for establishing the characteristic features of a particular legal entity. It is concluded that it is expedient to introduce in the future an exhaustive list of organizational and legal forms of a legal entity based on the results of the recodification of civil legislation.
{"title":"Conceptual aspects of reforming the institution of a legal entity under the conditions of recodification of the Civil Code of Ukraine","authors":"O.S. Oliynyk","doi":"10.15330/apiclu.61.2.96-2.108","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.96-2.108","url":null,"abstract":"The article is devoted to the study of the institution of a legal entity in the context of recodification of the Civil Code of Ukraine. The scientific article highlights the retrospective of the formation of a legal entity, provides examples of understanding the nature of a legal entity at different stages of socio-economic development of society. Examples of concepts (theories) of a legal entity, which were formed in the scientific doctrine in the process of development of the institution of a legal entity, are given.The need to update the civil legislation of Ukraine in the light of Ukraine’s movement towards the European Community, hence the need to harmonize national legislation and EU law, including in matters relating to a legal entity, was emphasized. The importance of updating civil legislation - recodification - is emphasized.Particular attention is paid to the criteria of systematization of legal entities, including the method of creating a legal entity, the method of organizing the management of a legal entity, the method of acquiring property, the peculiarities of liability of a legal entity. Attention is paid to the category of organizational and legal form of a legal entity and the meaning of this criterion for establishing the characteristic features of a particular legal entity. It is concluded that it is expedient to introduce in the future an exhaustive list of organizational and legal forms of a legal entity based on the results of the recodification of civil legislation.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133916135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-28DOI: 10.15330/apiclu.61.1.15-1.25
N. Sokolovska
The problem of gender discrimination is relevant and has not yet been resolved. The appearance of this problem was influenced by many factors, such as the formation of a stereotypical image of the role of women in society, male privileges, and socio-cultural prejudices regarding roles and rights based on gender. In the article, the author considers the reasons for the formation of gender stereotypes in society and the technology of gender formation, as a product of social processes and technologies that encompass the practice of everyday life and include various technologies, for example, cinematography and advertising. The author cites examples of advertising in the 50s as one of the technologies for the formation of gender roles in society. Unfortunately, our society still faces the problem of gender discrimination, starting with the distribution of gender roles at an early age and stereotypes about behavior in society depending on gender. This proves the relevance of the research as a guarantee of the implementation and application of appropriate actions regarding the formation of gender relations in society to ensure gender equality of modern youth. In view of the above, the purpose of the article is to define the concept of gender and factors that influence the formation of stereotypes regarding the role of women in society. Ukrainian realities have proven the need for the formation of new gender relations in society based on the construction of the necessary legislation and the debunking of old stereotypes. The practical value of the results is that they can be used to determine ways to build legislation on gender equality, as well as to take additional measures in society to revise gender roles and improve gender relations.
{"title":"Ensuring gender equality of modern youth","authors":"N. Sokolovska","doi":"10.15330/apiclu.61.1.15-1.25","DOIUrl":"https://doi.org/10.15330/apiclu.61.1.15-1.25","url":null,"abstract":"The problem of gender discrimination is relevant and has not yet been resolved. The appearance of this problem was influenced by many factors, such as the formation of a stereotypical image of the role of women in society, male privileges, and socio-cultural prejudices regarding roles and rights based on gender. In the article, the author considers the reasons for the formation of gender stereotypes in society and the technology of gender formation, as a product of social processes and technologies that encompass the practice of everyday life and include various technologies, for example, cinematography and advertising. The author cites examples of advertising in the 50s as one of the technologies for the formation of gender roles in society. Unfortunately, our society still faces the problem of gender discrimination, starting with the distribution of gender roles at an early age and stereotypes about behavior in society depending on gender. This proves the relevance of the research as a guarantee of the implementation and application of appropriate actions regarding the formation of gender relations in society to ensure gender equality of modern youth. In view of the above, the purpose of the article is to define the concept of gender and factors that influence the formation of stereotypes regarding the role of women in society. Ukrainian realities have proven the need for the formation of new gender relations in society based on the construction of the necessary legislation and the debunking of old stereotypes. The practical value of the results is that they can be used to determine ways to build legislation on gender equality, as well as to take additional measures in society to revise gender roles and improve gender relations.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115841735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-28DOI: 10.15330/apiclu.61.4.50-4.57
V. Knysh
The article examines the peculiarities of the formation, development and legal consolidation of the institution of constitutional and legal responsibility in France. We are talking about both positive (prospective) and negative (retrospective) responsibility of the state-legal institutions of France.In the opinion of the author, the positive constitutional and legal responsibility of the President of France is reduced to the broad scope of his powers as the head of state and as the main coordinator of the executive power, namely: 1) personnel formation of the executive power; 2) in cooperation with the parliament; 3) in the sphere of functioning of institutions of direct democracy; 4) in the field of international relations – accredits ambassadors and extraordinary envoys in foreign countries; 5) in the field of defence and emergency situations. Particular attention is paid to the positive constitutional and legal responsibility of the French government (Council of Ministers), which, in our opinion, is narrower than the responsibility of the President of France. The government determines and implements the nation’s policy, disposes of the administration and the armed forces. Within the framework of the responsibility of the French government, the positive constitutional and legal responsibility of the Prime Minister is defined.The author also defined the limits of positive constitutional and legal responsibility of the parliament in the form of legislative powers and legislative activity. It boils down to the following areas: 1) positive constitutional and legal responsibility for legislative powers of a private law nature; 2) positive constitutional-legal responsibility for legislative powers of a public-law nature; 3) positive constitutional and legal responsibility for legislative powers in the field of finance; 4) positive constitutional and legal responsibility for extraordinary powers.Negative constitutional and legal responsibility is also analyzed. According to Art. 8 of the Constitution of France, the President terminates the functions of the Prime Minister and decides on the resignation of the government. At the proposal of the Prime Minister, the President of France appoints other members of the government and terminates the performance of their functions. In Art. 20 of the French Constitution also provides that the government is responsible to the Parliament in accordance with the specified conditions and procedures.
{"title":"Peculiarities of legal consolidation of constitutional and legal responsibility in France","authors":"V. Knysh","doi":"10.15330/apiclu.61.4.50-4.57","DOIUrl":"https://doi.org/10.15330/apiclu.61.4.50-4.57","url":null,"abstract":"The article examines the peculiarities of the formation, development and legal consolidation of the institution of constitutional and legal responsibility in France. We are talking about both positive (prospective) and negative (retrospective) responsibility of the state-legal institutions of France.In the opinion of the author, the positive constitutional and legal responsibility of the President of France is reduced to the broad scope of his powers as the head of state and as the main coordinator of the executive power, namely: 1) personnel formation of the executive power; 2) in cooperation with the parliament; 3) in the sphere of functioning of institutions of direct democracy; 4) in the field of international relations – accredits ambassadors and extraordinary envoys in foreign countries; 5) in the field of defence and emergency situations. Particular attention is paid to the positive constitutional and legal responsibility of the French government (Council of Ministers), which, in our opinion, is narrower than the responsibility of the President of France. The government determines and implements the nation’s policy, disposes of the administration and the armed forces. Within the framework of the responsibility of the French government, the positive constitutional and legal responsibility of the Prime Minister is defined.The author also defined the limits of positive constitutional and legal responsibility of the parliament in the form of legislative powers and legislative activity. It boils down to the following areas: 1) positive constitutional and legal responsibility for legislative powers of a private law nature; 2) positive constitutional-legal responsibility for legislative powers of a public-law nature; 3) positive constitutional and legal responsibility for legislative powers in the field of finance; 4) positive constitutional and legal responsibility for extraordinary powers.Negative constitutional and legal responsibility is also analyzed. According to Art. 8 of the Constitution of France, the President terminates the functions of the Prime Minister and decides on the resignation of the government. At the proposal of the Prime Minister, the President of France appoints other members of the government and terminates the performance of their functions. In Art. 20 of the French Constitution also provides that the government is responsible to the Parliament in accordance with the specified conditions and procedures.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124935117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-28DOI: 10.15330/apiclu.61.2.78-2.85
N. M. Stefanyshyn
The proposed article is devoted to the study of contracts in the field of providing medical services with the use of assisted reproductive technologies. The author notes that the development of social relations affects all spheres of social life, and, at the same time, poses a number of problems that need to be solved. One of these fields, of course, is medicine. Today, medicine has reached such a level of development of medical technologies that allows, for the most part, every patient to receive high-quality medical service and achieve the set goal. People who, for various reasons, are deprived of the opportunity to have children can get a sense of parenthood through the use of assisted reproductive technologies (DRT).Covid-2019, the brutal war that began in Ukraine on February 24, 2022, the ongoing anti-terrorist operation that took place in our country since 2014, etc., lead to the deterioration of the environment and ecological security and do not make it impossible, but also contribute to the appearance of various diseases that worsen the state of human health, negatively affect the functioning of all systems of the human body, including the reproductive system, which is reflected in the low birth rate in Ukraine and the demographic situation in general. Therefore, the proposed topic should be investigated in its entirety based on moral and ethical and legal norms, applying knowledge of psychology, sociology and history.Having conducted a scientific study, the author comes to the conclusion that the most successful construction in the civil-law plane, which will regulate social relations for the provision of assisted reproductive technologies, is the construction of a civil-law contract. However, relations with the use of assisted reproductive technologies require proper civil law regulation at the state level, but it is necessary to take into account that such relations are of a special nature, which is related to the personal life of an individual and his natural rights, which are inviolable and inalienable - the right to motherhood and paternity, the right to life, the right to health care, which are guaranteed by the Basic Law of the State - the Constitution of Ukraine and the Universal Declaration of Human Rights.
{"title":"Contracts in the field of providing medical services with the use of assisted reproductive technologies","authors":"N. M. Stefanyshyn","doi":"10.15330/apiclu.61.2.78-2.85","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.78-2.85","url":null,"abstract":"The proposed article is devoted to the study of contracts in the field of providing medical services with the use of assisted reproductive technologies. The author notes that the development of social relations affects all spheres of social life, and, at the same time, poses a number of problems that need to be solved. One of these fields, of course, is medicine. Today, medicine has reached such a level of development of medical technologies that allows, for the most part, every patient to receive high-quality medical service and achieve the set goal. People who, for various reasons, are deprived of the opportunity to have children can get a sense of parenthood through the use of assisted reproductive technologies (DRT).Covid-2019, the brutal war that began in Ukraine on February 24, 2022, the ongoing anti-terrorist operation that took place in our country since 2014, etc., lead to the deterioration of the environment and ecological security and do not make it impossible, but also contribute to the appearance of various diseases that worsen the state of human health, negatively affect the functioning of all systems of the human body, including the reproductive system, which is reflected in the low birth rate in Ukraine and the demographic situation in general. Therefore, the proposed topic should be investigated in its entirety based on moral and ethical and legal norms, applying knowledge of psychology, sociology and history.Having conducted a scientific study, the author comes to the conclusion that the most successful construction in the civil-law plane, which will regulate social relations for the provision of assisted reproductive technologies, is the construction of a civil-law contract. However, relations with the use of assisted reproductive technologies require proper civil law regulation at the state level, but it is necessary to take into account that such relations are of a special nature, which is related to the personal life of an individual and his natural rights, which are inviolable and inalienable - the right to motherhood and paternity, the right to life, the right to health care, which are guaranteed by the Basic Law of the State - the Constitution of Ukraine and the Universal Declaration of Human Rights.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126637854","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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