Pub Date : 2023-02-28DOI: 10.15330/apiclu.61.2.86-2.95
L. Maksymiv
This article highlights the theoretical and legal analysis of the distinction between the concept of intangible assets and related concepts. The author of the article analyzed the concepts of understanding the essence of the legal regime of intangible assets, and also outlined the provision that an important step in the recognition of intangible assets is the project of the Law of Ukraine «On Amendments to the Civil Code of Ukraine aimed at expanding the range of objects of civil rights», namely, the introduction of the concept of digital things into the Civil Code.In particular, a digital thing is a subject of the digital environment, which is in circulation only in digital form, and in respect of which civil rights and obligations may arise. Digital things are virtual assets, digital content, online accounts, money and securities that exist exclusively in digital form.As for the concept of virtual assets, a virtual asset is an intangible good that is the object of civil rights, has a value and is expressed as a set of data in electronic form. The existence and liquidity of a virtual asset is ensured by the system of ensuring the turnover of virtual assets.The proposition that the division of things into material and digital things is relevant today is argued. A comparative legal characterization of the following concepts was carried out, in particular the place of virtual assets among virtual property. The concepts of virtual assets and digital content, virtual assets and electronic money are compared. As for distinguishing intangible assets from related concepts, this follows from the features inherent in virtual assets, as well as the peculiarities of legal relations with respect to these assets.
{"title":"Theoretical and legal characteristics of the concept and specialities of virtual assets by the law of Ukraine","authors":"L. Maksymiv","doi":"10.15330/apiclu.61.2.86-2.95","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.86-2.95","url":null,"abstract":"This article highlights the theoretical and legal analysis of the distinction between the concept of intangible assets and related concepts. The author of the article analyzed the concepts of understanding the essence of the legal regime of intangible assets, and also outlined the provision that an important step in the recognition of intangible assets is the project of the Law of Ukraine «On Amendments to the Civil Code of Ukraine aimed at expanding the range of objects of civil rights», namely, the introduction of the concept of digital things into the Civil Code.In particular, a digital thing is a subject of the digital environment, which is in circulation only in digital form, and in respect of which civil rights and obligations may arise. Digital things are virtual assets, digital content, online accounts, money and securities that exist exclusively in digital form.As for the concept of virtual assets, a virtual asset is an intangible good that is the object of civil rights, has a value and is expressed as a set of data in electronic form. The existence and liquidity of a virtual asset is ensured by the system of ensuring the turnover of virtual assets.The proposition that the division of things into material and digital things is relevant today is argued. A comparative legal characterization of the following concepts was carried out, in particular the place of virtual assets among virtual property. The concepts of virtual assets and digital content, virtual assets and electronic money are compared. As for distinguishing intangible assets from related concepts, this follows from the features inherent in virtual assets, as well as the peculiarities of legal relations with respect to these assets.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"50 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":"127948496","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.61.2.48-2.61
V. Kuzyk
The scientific article is devoted to the study of the legal regime and features of payment of membership fees in non-entrepreneurial societies. The specifics of the legal regulation of the payment of membership fees, concepts and types of membership fees according to the legislation of Ukraine have been analyzed. The author of the scientific work also analyzed the doctrinal approaches developed in this field of scientific research.The author of the article analyzes the provisions on the payment of membership fees, as well as the agreement on the payment of membership fees. The specifics of paying membership fees based on the contract were determined, and the legal consequences of non-payment were analyzed.Current civil legislation in the field of non-entrepreneurial legal entities uses a dispositive approach to the procedure for paying membership fees, in connection with which their payment can be determined in the charters of the consumer association and on the basis of an agreement on the payment of membership fees. The legal nature of the agreement on the payment of membership fees is manifested in the fact that it is a bilateral accession agreement.The types of share contributions in consumer societies are the initial contribution, mandatory share and additional share contributions, targeted contributions. Contributions can be the following objects: money, property, property rights, land plots, contributions are not subject to taxation, but cooperative payments are taxed in accordance with dividends. The legal consequence of non-payment of share contributions is exclusion from the consumer association. The recovery of unpaid contributions can be enforced through the use of a judicial form of protection, a similar situation with share payments, cooperative payments and dividends. As a general rule, payment of membership fees is voluntary, however, in some cases, membership fees may be collected in a compulsory manner.
{"title":"Membership fees at consumer society: order of payment and legal consequences of not paying","authors":"V. Kuzyk","doi":"10.15330/apiclu.61.2.48-2.61","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.48-2.61","url":null,"abstract":"The scientific article is devoted to the study of the legal regime and features of payment of membership fees in non-entrepreneurial societies. The specifics of the legal regulation of the payment of membership fees, concepts and types of membership fees according to the legislation of Ukraine have been analyzed. The author of the scientific work also analyzed the doctrinal approaches developed in this field of scientific research.The author of the article analyzes the provisions on the payment of membership fees, as well as the agreement on the payment of membership fees. The specifics of paying membership fees based on the contract were determined, and the legal consequences of non-payment were analyzed.Current civil legislation in the field of non-entrepreneurial legal entities uses a dispositive approach to the procedure for paying membership fees, in connection with which their payment can be determined in the charters of the consumer association and on the basis of an agreement on the payment of membership fees. The legal nature of the agreement on the payment of membership fees is manifested in the fact that it is a bilateral accession agreement.The types of share contributions in consumer societies are the initial contribution, mandatory share and additional share contributions, targeted contributions. Contributions can be the following objects: money, property, property rights, land plots, contributions are not subject to taxation, but cooperative payments are taxed in accordance with dividends. The legal consequence of non-payment of share contributions is exclusion from the consumer association. The recovery of unpaid contributions can be enforced through the use of a judicial form of protection, a similar situation with share payments, cooperative payments and dividends. As a general rule, payment of membership fees is voluntary, however, in some cases, membership fees may be collected in a compulsory manner.","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":"126440337","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.61.4.39-4.49
Ia.V. Viktorska
The article analyzes the peculiarities of the formation of armed formations of the Ukrainian People’s Republic, their legal consolidation and expression in regulatory and legal acts.The author tried to conduct a legal analysis of the military doctrine of the armed forces of the Ukrainian People’s Republic. An important task is the study and generalization of historical experience, providing an objective assessment of events related to the liberation struggle and the formation of Ukrainian statehood at the beginning of the 20th century. Characterizing the process of formation of the Ukrainian army during the time of the Ukrainian People’s Republic, an attempt was made to clarify the legal mechanism for the implementation of the legislation. Emphasis is placed on the correct application of legal techniques in the legal acts adopted by the government of the Ukrainian People’s Republic in 1917. The reasons that initiated fundamental changes in all state-legal, political, national and social relations in the state body are considered. An assessment of the historical and legal experience for the development of the modern Armed Forces of Ukraine is carried out. The author tried to investigate the interdependence of the creation of the armed formations of the Ukrainian People’s Republic in 1917, the performance of official duties by servicemen, as well as the bearing of responsibility for crimes committed by them. It was established that with the deepening of the national crisis in the Ukrainian People’s Republic of Ukraine, the issue of renewing the practice of emergency courts was put on the agenda. It turned out that there were also military courts themselves, which tried cases of some types of military crimes: refusal to comply with orders, drunkenness, gambling, being late for duty, etc. The regulatory framework for the regulation of judicial practice and the scope of its application are separately defined. The regulatory and legal framework issued by the personified persons (orders, orders, etc.) who were in power during the time of the activity of the Ukrainian People’s Republic is considered. The process of Ukrainization of the Armed Forces is indicated and briefly characterized, the importance of the Ukrainized 34 Corps is emphasized. The creation of purely Ukrainian military units and their legal coverage are separately mentioned. It is concluded that the army of the Ukrainian People’s Republic, with the support of the Ukrainian national-state forces, carried out legal activities and tried to win the independence of Ukraine by open military means during the national liberation struggles of 1917-1921. The role and significance of the own Armed Forces in the creation of the Ukrainian state is investigated.
{"title":"Features of the armed formations of the Ukrainian People’s Republic of 1917, their legal status","authors":"Ia.V. Viktorska","doi":"10.15330/apiclu.61.4.39-4.49","DOIUrl":"https://doi.org/10.15330/apiclu.61.4.39-4.49","url":null,"abstract":"The article analyzes the peculiarities of the formation of armed formations of the Ukrainian People’s Republic, their legal consolidation and expression in regulatory and legal acts.The author tried to conduct a legal analysis of the military doctrine of the armed forces of the Ukrainian People’s Republic. An important task is the study and generalization of historical experience, providing an objective assessment of events related to the liberation struggle and the formation of Ukrainian statehood at the beginning of the 20th century. Characterizing the process of formation of the Ukrainian army during the time of the Ukrainian People’s Republic, an attempt was made to clarify the legal mechanism for the implementation of the legislation. Emphasis is placed on the correct application of legal techniques in the legal acts adopted by the government of the Ukrainian People’s Republic in 1917. The reasons that initiated fundamental changes in all state-legal, political, national and social relations in the state body are considered. An assessment of the historical and legal experience for the development of the modern Armed Forces of Ukraine is carried out. The author tried to investigate the interdependence of the creation of the armed formations of the Ukrainian People’s Republic in 1917, the performance of official duties by servicemen, as well as the bearing of responsibility for crimes committed by them. It was established that with the deepening of the national crisis in the Ukrainian People’s Republic of Ukraine, the issue of renewing the practice of emergency courts was put on the agenda. It turned out that there were also military courts themselves, which tried cases of some types of military crimes: refusal to comply with orders, drunkenness, gambling, being late for duty, etc. The regulatory framework for the regulation of judicial practice and the scope of its application are separately defined. The regulatory and legal framework issued by the personified persons (orders, orders, etc.) who were in power during the time of the activity of the Ukrainian People’s Republic is considered. The process of Ukrainization of the Armed Forces is indicated and briefly characterized, the importance of the Ukrainized 34 Corps is emphasized. The creation of purely Ukrainian military units and their legal coverage are separately mentioned. It is concluded that the army of the Ukrainian People’s Republic, with the support of the Ukrainian national-state forces, carried out legal activities and tried to win the independence of Ukraine by open military means during the national liberation struggles of 1917-1921. The role and significance of the own Armed Forces in the creation of the Ukrainian state is investigated.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"24 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131541238","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.61.2.18-2.30
I. Chaplyk
The spread of the coronavirus pandemic throughout the territory of Ukraine, the introduction of martial law in connection with the full-scale invasion of the russian federation, require the state to apply such legal mechanisms that would help eliminate the negative consequences that arose in connection with dangerous events, or prevent their occurrence. One of such mechanisms is the institution of requisition, which is legalized in national legislation by the constitutional provision of Article 41 of the Constitution of Ukraine. Thus, according to the specified article of the Basic Law, forced alienation of objects of private property rights can be applied only as an exception for reasons of public necessity, on the basis and in the manner established by law, and on the condition of prior and full reimbursement of their value. Compulsory expropriation of such objects followed by full reimbursement of their value is allowed only under conditions of war or emergency. At the same time, the state’s right to requisition property is an exception to the basic principle of inviolability of property rights for every legal state. Forced expropriation of property must be carried out with strict and unwavering adherence to the legally established procedure, which confirms the relevance of this scientific issue.The article states that it is not only correct, but also urgent to adopt a special law on requisition with the definition of the body (or bodies) that would be in charge of the forced expropriation of property independently or in coordination with other state authorities. In addition, we believe that the determination of the value of property should be carried out on the date of its assessment, by analogy with the way it is provided for requisition under the legal regimes of war or state of emergency, and carrying out the assessment as of the date of adoption of the administrative act on the requisition of property is erroneous.
{"title":"Cıvıl-legal regulatıon of the procedure of requısıtıon ın the case of natural dısasters, accıdents, epıdemıcs, epızootıcs and other extraordınary cırcumstances ın Ukraine","authors":"I. Chaplyk","doi":"10.15330/apiclu.61.2.18-2.30","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.18-2.30","url":null,"abstract":"The spread of the coronavirus pandemic throughout the territory of Ukraine, the introduction of martial law in connection with the full-scale invasion of the russian federation, require the state to apply such legal mechanisms that would help eliminate the negative consequences that arose in connection with dangerous events, or prevent their occurrence. One of such mechanisms is the institution of requisition, which is legalized in national legislation by the constitutional provision of Article 41 of the Constitution of Ukraine. Thus, according to the specified article of the Basic Law, forced alienation of objects of private property rights can be applied only as an exception for reasons of public necessity, on the basis and in the manner established by law, and on the condition of prior and full reimbursement of their value. Compulsory expropriation of such objects followed by full reimbursement of their value is allowed only under conditions of war or emergency. At the same time, the state’s right to requisition property is an exception to the basic principle of inviolability of property rights for every legal state. Forced expropriation of property must be carried out with strict and unwavering adherence to the legally established procedure, which confirms the relevance of this scientific issue.The article states that it is not only correct, but also urgent to adopt a special law on requisition with the definition of the body (or bodies) that would be in charge of the forced expropriation of property independently or in coordination with other state authorities. In addition, we believe that the determination of the value of property should be carried out on the date of its assessment, by analogy with the way it is provided for requisition under the legal regimes of war or state of emergency, and carrying out the assessment as of the date of adoption of the administrative act on the requisition of property is erroneous.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 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":"131148769","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.61.2.10-2.17
V.I. Tsytulskyi
The agreement as a universal legal category and a unique means of legal regulation gives rise to a variety of relations, including the right to use someone else’s property, called an easement in civil law. Therefore, the issues of form of these agreements are of particular importance, both in the context of the legal consequences of its non-compliance, and in view of the importance of proper fixation of the agreements reached between the parties.The article is devoted to the analysis of the form of an easement agreement under the civil legislation of Ukraine. A special attention is paid to the issue of the institution of the requirement for transaction notarization, in particular, the establishment (cancellation) of the requirement by the owner for notarization of a land easement agreement.It is concluded that as of today, the easement agreement is subject to a conclusion in writing and, under certain conditions defined by the legislation of Ukraine, it should be notarized. Certainly, as far as immovable property is concerned, the notarial form is also due to the fact that in accordance with the Law of Ukraine «On State Registration of Property Rights to Immovable Property and Their Encumbrances», the notaries perform the functions of the state registrar of property rights and can ensure state registration of the right of the easement as a property right. On the other hand, according to the current legislation of Ukraine, it is possible to certify transactions in those areas where there are no notaries, by means of other bodies and officials (for example, officials of local self-government bodies) and this certification will be equal to the notarial one. However, in these cases, the problem of registering property rights under an easement is still unresolved. Therefore, within the framework of the existing legal regulation, in order to balance public and private interests, the broadest introduction of the current system of e-notaries and its further improvement can be a worthy alternative and means of relief.
{"title":"The form of easement agreement under the civil legislation of Ukraine","authors":"V.I. Tsytulskyi","doi":"10.15330/apiclu.61.2.10-2.17","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.10-2.17","url":null,"abstract":"The agreement as a universal legal category and a unique means of legal regulation gives rise to a variety of relations, including the right to use someone else’s property, called an easement in civil law. Therefore, the issues of form of these agreements are of particular importance, both in the context of the legal consequences of its non-compliance, and in view of the importance of proper fixation of the agreements reached between the parties.The article is devoted to the analysis of the form of an easement agreement under the civil legislation of Ukraine. A special attention is paid to the issue of the institution of the requirement for transaction notarization, in particular, the establishment (cancellation) of the requirement by the owner for notarization of a land easement agreement.It is concluded that as of today, the easement agreement is subject to a conclusion in writing and, under certain conditions defined by the legislation of Ukraine, it should be notarized. Certainly, as far as immovable property is concerned, the notarial form is also due to the fact that in accordance with the Law of Ukraine «On State Registration of Property Rights to Immovable Property and Their Encumbrances», the notaries perform the functions of the state registrar of property rights and can ensure state registration of the right of the easement as a property right. On the other hand, according to the current legislation of Ukraine, it is possible to certify transactions in those areas where there are no notaries, by means of other bodies and officials (for example, officials of local self-government bodies) and this certification will be equal to the notarial one. However, in these cases, the problem of registering property rights under an easement is still unresolved. Therefore, within the framework of the existing legal regulation, in order to balance public and private interests, the broadest introduction of the current system of e-notaries and its further improvement can be a worthy alternative and means of relief.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"85 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":"122291265","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.61.2.31-2.38
I.M. Shliakhovska
Contractual obligations that arise in relation to restricted turnover objects have recently become widespread in practice, which is due to rapid social development. Despite this, the specifics of the procedure for concluding, changing or terminating such transactions have not been clearly defined at the legislative level. In addition, the peculiarities of the contractual alienation or transfer of objects restricted in turnover have remained poorly studied by the scientific community.The importance of a civil legal contract as one of the main regulators of private law relations is difficult to overestimate. Thanks to the possibility to enter into contracts fixed at the legislative level, subjects of civil law are able not only to establish, change or terminate their civil rights and obligations, but also to involve in civil trade various objects of civil law, including those that have been limited in turnover.The national legislator allows the use of contractual constructions of various kinds to ensure the turnover of objects of civil rights. This has been directly indicated by the content of Art. 178 of the Civil Code of Ukraine. Its systematic analysis has proved that objects restricted in turnover can be alienated, that is, they can be transferred from the ownership of one person to another with the help of contracts of sale, donation, exchange, etc.The contract is one of the main legal means of attracting restricted turnover objects of civil rights to trade. The legislator envisages the possibility of subjects of obligation law to use various types of contracts to settle legal relations that arise in relation to restricted objects. The influence of the studied objects on the principle of freedom of contract can’t be denied. It manifests itself in limiting the range of subjects of contractual obligations, the terms of existence of contractual relations, the possibility of choosing the type of contract that will mediate the mutual rights and obligations of the parties, etc.
{"title":"The contract as the ground for the emergence of rights and obligations regarding restricted turnover objects in civil trade","authors":"I.M. Shliakhovska","doi":"10.15330/apiclu.61.2.31-2.38","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.31-2.38","url":null,"abstract":"Contractual obligations that arise in relation to restricted turnover objects have recently become widespread in practice, which is due to rapid social development. Despite this, the specifics of the procedure for concluding, changing or terminating such transactions have not been clearly defined at the legislative level. In addition, the peculiarities of the contractual alienation or transfer of objects restricted in turnover have remained poorly studied by the scientific community.The importance of a civil legal contract as one of the main regulators of private law relations is difficult to overestimate. Thanks to the possibility to enter into contracts fixed at the legislative level, subjects of civil law are able not only to establish, change or terminate their civil rights and obligations, but also to involve in civil trade various objects of civil law, including those that have been limited in turnover.The national legislator allows the use of contractual constructions of various kinds to ensure the turnover of objects of civil rights. This has been directly indicated by the content of Art. 178 of the Civil Code of Ukraine. Its systematic analysis has proved that objects restricted in turnover can be alienated, that is, they can be transferred from the ownership of one person to another with the help of contracts of sale, donation, exchange, etc.The contract is one of the main legal means of attracting restricted turnover objects of civil rights to trade. The legislator envisages the possibility of subjects of obligation law to use various types of contracts to settle legal relations that arise in relation to restricted objects. The influence of the studied objects on the principle of freedom of contract can’t be denied. It manifests itself in limiting the range of subjects of contractual obligations, the terms of existence of contractual relations, the possibility of choosing the type of contract that will mediate the mutual rights and obligations of the parties, etc.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 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":"130844128","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.61.2.1-2.9
Kh.V. Maikut, Yurii Yurkevych
The article has been devoted to the study of the problem of distinguishing between vindication, restitution and condiction as civil law methods of property rights protection. It has been found that vindication as a material legal method of protecting property rights is characterized by a number of features that simultaneously act as conditions for its application, and the absence of at least one of them excludes the possibility of qualifying the corresponding material legal requirement as a proper method of protection.It is well-founded that the action to declare the deed invalid with the corresponding application of restitutionary consequences is, unlike the vindication action, an obligatory legal means of protecting the right of ownership, therefore it should be applied only in the case when the parties are in a contractual legal relationship. In view of this, restitution has been characterized by certain features that are manifested in the peculiarities of the subject composition of legal relations.It has been established that the content of the construction of the obligation of unjust enrichment due to the direct instructions of the law partially overlaps with restitution and vindication, which according to their legal construction have similar mechanisms of application. A systematic analysis of domestic legal norms has showed that the condiction as a non-contractual binding way of protecting property rights is a kind of generalized construction that can be applied both independently and subsidiarily to all cases when one person acquires or retains the right to property or actual possession by him at the expense of another person without a proper legal basis. Therefore, the condiction is applicable as a subsidiary (additional) method of protection only in the event that the corresponding claim of the owner or title holder of the property has not been covered by the regulatory regulation of the main method of protection of the right, but has been covered by the definition of the obligation due to its characteristic features, conditions and subject composition from the acquisition or preservation of property without a sufficient legal basis.
{"title":"The correlation between vindication, restitution, and condiction as civil law methods of property rights protection: some aspects.","authors":"Kh.V. Maikut, Yurii Yurkevych","doi":"10.15330/apiclu.61.2.1-2.9","DOIUrl":"https://doi.org/10.15330/apiclu.61.2.1-2.9","url":null,"abstract":"The article has been devoted to the study of the problem of distinguishing between vindication, restitution and condiction as civil law methods of property rights protection. It has been found that vindication as a material legal method of protecting property rights is characterized by a number of features that simultaneously act as conditions for its application, and the absence of at least one of them excludes the possibility of qualifying the corresponding material legal requirement as a proper method of protection.It is well-founded that the action to declare the deed invalid with the corresponding application of restitutionary consequences is, unlike the vindication action, an obligatory legal means of protecting the right of ownership, therefore it should be applied only in the case when the parties are in a contractual legal relationship. In view of this, restitution has been characterized by certain features that are manifested in the peculiarities of the subject composition of legal relations.It has been established that the content of the construction of the obligation of unjust enrichment due to the direct instructions of the law partially overlaps with restitution and vindication, which according to their legal construction have similar mechanisms of application. A systematic analysis of domestic legal norms has showed that the condiction as a non-contractual binding way of protecting property rights is a kind of generalized construction that can be applied both independently and subsidiarily to all cases when one person acquires or retains the right to property or actual possession by him at the expense of another person without a proper legal basis. Therefore, the condiction is applicable as a subsidiary (additional) method of protection only in the event that the corresponding claim of the owner or title holder of the property has not been covered by the regulatory regulation of the main method of protection of the right, but has been covered by the definition of the obligation due to its characteristic features, conditions and subject composition from the acquisition or preservation of property without a sufficient legal basis.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"35 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":"122428948","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.61.4.67-4.78
A.V. Semeniuk-Prybaten, Y. Khoptiar
The process of the Holocaust in the Stara Ushytsia district of the Kamianets-Podilskyi oblast during the period of 1941-1944 is analyzed. The reasons and mechanisms for the executions of the Jewish population in the specified area are being investigated. In particular, immediately after the invasion of the Nazis invaders on June 22, 1941, the soldiers and commanders of the Soviet army put up resistance on all fronts, and in Podillia, but Wehrmacht troops appeared in Stara Ushytsia on July 7, 1941. From the first day of the occupation, the ferocious Nazi invaders began to rob the population of Stara Ushytsia, and a difficult period of occupation began.Documents and materials have been analyzed and it gives a very complete picture of the chronology, implementation mechanisms, and methods of the Holocaust within the specified geographical boundaries.Based on an investigation, a fragment of the period of Nazi occupation in the Stara Ushytsia district of the Kamianets-Podilskyi region was studied. It has been established that, implementing the anti-human policy of domination on the planetary scale, the Nazis with particular hatred set out to exterminate communists, Komsomol members, Jews, and others. The Holocaust occupied a special place in this policy since mass murders of Jews took place in almost every district center. A feature of the extermination of Jews in the Stara Ushytsia district was the absence of a ghetto, which is explained by the fairly compact Jewish population.The authors determined the time, place, and methods of mass shootings of Jews in the specified territory. In the pre-war period, according to calculations, about 3,000 Jews lived in Stara Ushytsia. The first decade of September 1942 (one of the episodes) was chosen as the time of the massacre of the peaceful Jewish population by the Nazis. The place of the shootings turned out to be a ravine 1- 1.5 km west of Stara Ushytsia, near (to the right) the Kamianets-Podilskyi highway.As a result of the research, it was concluded that 3,109 were killed in the Stara Ushytsia district and 3,002 people were deported to Germany. In total, the Commission determined the damages caused by the Nazi invaders to be 41,091,328 krb.
{"title":"Analysis and Investigation of the Nazis Crimes, the Holocaust in the Stara-Ushytsia District of the Kamianets-Podiskyi Oblast (1942-1943)","authors":"A.V. Semeniuk-Prybaten, Y. Khoptiar","doi":"10.15330/apiclu.61.4.67-4.78","DOIUrl":"https://doi.org/10.15330/apiclu.61.4.67-4.78","url":null,"abstract":"The process of the Holocaust in the Stara Ushytsia district of the Kamianets-Podilskyi oblast during the period of 1941-1944 is analyzed. The reasons and mechanisms for the executions of the Jewish population in the specified area are being investigated. In particular, immediately after the invasion of the Nazis invaders on June 22, 1941, the soldiers and commanders of the Soviet army put up resistance on all fronts, and in Podillia, but Wehrmacht troops appeared in Stara Ushytsia on July 7, 1941. From the first day of the occupation, the ferocious Nazi invaders began to rob the population of Stara Ushytsia, and a difficult period of occupation began.Documents and materials have been analyzed and it gives a very complete picture of the chronology, implementation mechanisms, and methods of the Holocaust within the specified geographical boundaries.Based on an investigation, a fragment of the period of Nazi occupation in the Stara Ushytsia district of the Kamianets-Podilskyi region was studied. It has been established that, implementing the anti-human policy of domination on the planetary scale, the Nazis with particular hatred set out to exterminate communists, Komsomol members, Jews, and others. The Holocaust occupied a special place in this policy since mass murders of Jews took place in almost every district center. A feature of the extermination of Jews in the Stara Ushytsia district was the absence of a ghetto, which is explained by the fairly compact Jewish population.The authors determined the time, place, and methods of mass shootings of Jews in the specified territory. In the pre-war period, according to calculations, about 3,000 Jews lived in Stara Ushytsia. The first decade of September 1942 (one of the episodes) was chosen as the time of the massacre of the peaceful Jewish population by the Nazis. The place of the shootings turned out to be a ravine 1- 1.5 km west of Stara Ushytsia, near (to the right) the Kamianets-Podilskyi highway.As a result of the research, it was concluded that 3,109 were killed in the Stara Ushytsia district and 3,002 people were deported to Germany. In total, the Commission determined the damages caused by the Nazi invaders to be 41,091,328 krb.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"29 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":"131932266","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.61.1.26-1.39
A. M. Tymchyshyn
The article highlights the theoretical and practical aspects of the investigation of counterfeiting as a socially dangerous phenomenon that has a transnational character. The need to implement international experience in the use of special knowledge in the investigation of counterfeiting, as well as the formation and role of Interpol in coordinating the work of law enforcement agencies of different countries in this direction, is considerer.The general processes of European and world interconnection, the globalization of economic, political and social relations, supported by new communication and technological opportunities, are increasingly covering the sphere of economic crime, in particular the most widespread and most dangerous phenomenon for society, such as counterfeiting. Increasingly, this is manifested in the fact that, together with law-abiding citizens, it has become easier for criminals to penetrate across state borders, which has caused the spread of criminal manifestations in the transnational space. The exit of criminal activity beyond the borders of specific states gives rise to international crime, which puts it at a much higher level of danger compared to domestic crime. The problems and tasks associated with this phenomenon have become widely spread, and, as a matter of fact, they have become the subject of practical solutions by law enforcement agencies around the world and scientific consideration by scientists.Along with other serious crimes of a transnational nature, such as terrorism, illegal drug trafficking, human trafficking, crimes against the state, smuggling, domestic and foreign scientists also single out counterfeiting, which poses the greatest threat to the integrity of financial and commercial institutions of individual states and the world community in general.
{"title":"International experience of using special knowledge in the investigation of counterfeiting","authors":"A. M. Tymchyshyn","doi":"10.15330/apiclu.61.1.26-1.39","DOIUrl":"https://doi.org/10.15330/apiclu.61.1.26-1.39","url":null,"abstract":"The article highlights the theoretical and practical aspects of the investigation of counterfeiting as a socially dangerous phenomenon that has a transnational character. The need to implement international experience in the use of special knowledge in the investigation of counterfeiting, as well as the formation and role of Interpol in coordinating the work of law enforcement agencies of different countries in this direction, is considerer.The general processes of European and world interconnection, the globalization of economic, political and social relations, supported by new communication and technological opportunities, are increasingly covering the sphere of economic crime, in particular the most widespread and most dangerous phenomenon for society, such as counterfeiting. Increasingly, this is manifested in the fact that, together with law-abiding citizens, it has become easier for criminals to penetrate across state borders, which has caused the spread of criminal manifestations in the transnational space. The exit of criminal activity beyond the borders of specific states gives rise to international crime, which puts it at a much higher level of danger compared to domestic crime. The problems and tasks associated with this phenomenon have become widely spread, and, as a matter of fact, they have become the subject of practical solutions by law enforcement agencies around the world and scientific consideration by scientists.Along with other serious crimes of a transnational nature, such as terrorism, illegal drug trafficking, human trafficking, crimes against the state, smuggling, domestic and foreign scientists also single out counterfeiting, which poses the greatest threat to the integrity of financial and commercial institutions of individual states and the world community in general.","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":"131855551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.19-28
I. Kozych
In the article, the author pays attention to the study of the main trends of the legislation of the European Union regarding the prevention of crimes that begin with the use of violence, and their implementation in domestic legislation. It has been established that usually such actions take place in the context of counteracting those actions that are at the center of the EU’s criminal law policy and are constantly cited in numerous directives and regulations. The «serious crime» group includes criminal offenses in which the upper limit of punishment is at least 3 years of custodial sentence or detention order. The main direction of Ukraine’s criminal law policy in the nearest future is the implementation of EU legislation, including regarding acts committed with the use of violence.
{"title":"Trends of criminal law policy in the field of combating criminal offenses committed with the use of violence","authors":"I. Kozych","doi":"10.15330/apiclu.60.19-28","DOIUrl":"https://doi.org/10.15330/apiclu.60.19-28","url":null,"abstract":"In the article, the author pays attention to the study of the main trends of the legislation of the European Union regarding the prevention of crimes that begin with the use of violence, and their implementation in domestic legislation. It has been established that usually such actions take place in the context of counteracting those actions that are at the center of the EU’s criminal law policy and are constantly cited in numerous directives and regulations. The «serious crime» group includes criminal offenses in which the upper limit of punishment is at least 3 years of custodial sentence or detention order. The main direction of Ukraine’s criminal law policy in the nearest future is the implementation of EU legislation, including regarding acts committed with the use of violence.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134236421","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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