Pub Date : 2021-01-17DOI: 10.15330/apiclu.55.22-33
O. I. Zozuliak, Y. Paruta
The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, nongovernmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of nonentrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, nonentrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why nonentrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a nonentrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.
{"title":"Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities","authors":"O. I. Zozuliak, Y. Paruta","doi":"10.15330/apiclu.55.22-33","DOIUrl":"https://doi.org/10.15330/apiclu.55.22-33","url":null,"abstract":"The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, nongovernmental organization, charity organization, private voluntary organization, civil social organization. \u0000In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of nonentrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, nonentrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why nonentrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. \u0000The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. \u0000It is concluded that it is not possible to accept the legal model of a nonentrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"531 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124506104","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 : 2021-01-17DOI: 10.15330/apiclu.55.90-99
Yu.M. Tovt
Implementation of an effective policy in the field of medical means circulation at the present stage of the development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening in the country of the institutions of the rule of law, competitive market economy, ensuring the implementation of human and citizen rights and freedoms. Any policy becomes understandable when it is understood who carries out it and what it is aimed at, i.e. defined subjects and objects of policy in society at one or another stage of historical development. This definition makes it possible to clarify the essence of political relations between subjects, as well as between subjects and objects of policy, to reveal the forms of their political behavior, methods of political activity, means of transformation of the political environment. The article highlights the issues concerning subjects that form the general state policy in the field of circulation of medicines. Their analysis is carried out and their main functions and tasks are determined. The state policy in the sphere of circulation of medicinal products is formed and implemented by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Medicinal Products, professional associations of pharmaceutical workers, within the powers of which is the adoption of different types of normative legal acts (concepts, programs, provisions, procedures, rules, standards, instructions, instructions, licensing conditions, lists, codes, etc.), agreed with European and international legislation, as well as, if necessary, with other central bodies of executive power. Such standards follow, in addition to general normative legal acts, also from specialized acts on the formation of such policy.
{"title":"Subjects That Shape Public Policy In The Sphere Of Circulation Of Medical Means","authors":"Yu.M. Tovt","doi":"10.15330/apiclu.55.90-99","DOIUrl":"https://doi.org/10.15330/apiclu.55.90-99","url":null,"abstract":"Implementation of an effective policy in the field of medical means circulation at the present stage of the development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening in the country of the institutions of the rule of law, competitive market economy, ensuring the implementation of human and citizen rights and freedoms. \u0000Any policy becomes understandable when it is understood who carries out it and what it is aimed at, i.e. defined subjects and objects of policy in society at one or another stage of historical development. This definition makes it possible to clarify the essence of political relations between subjects, as well as between subjects and objects of policy, to reveal the forms of their political behavior, methods of political activity, means of transformation of the political environment. \u0000The article highlights the issues concerning subjects that form the general state policy in the field of circulation of medicines. Their analysis is carried out and their main functions and tasks are determined. \u0000The state policy in the sphere of circulation of medicinal products is formed and implemented by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Medicinal Products, professional associations of pharmaceutical workers, within the powers of which is the adoption of different types of normative legal acts (concepts, programs, provisions, procedures, rules, standards, instructions, instructions, licensing conditions, lists, codes, etc.), agreed with European and international legislation, as well as, if necessary, with other central bodies of executive power. Such standards follow, in addition to general normative legal acts, also from specialized acts on the formation of such policy.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116476703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article explores the concept of «unfair terms contract terms» through the analysis of its origin and fixing in the legislation and legal literature of the European Union, Ukraine and the United States. Comparisons of interpretations of this concept according to Directive 93/13/EEC, Model Rules of European Private Law, The Uniform Commercial Code, as well as the Law of Ukraine «On Consumer Protection». In the article author notes that the definition of unfair terms of the contract is a complex symbiosis of material and procedural, a combination of justice and dishonesty, comparison of signs of «imbalance of interests» and «significantly disadvantaged» and therefore at this stage of civil law is not can be defined unambiguously. It is investigated that the modern civil legislation of Ukraine is still in solidarity with the legislation of most EU member states in terms of introducing this concept primarily to protect consumer rights. Regarding the definition of «unfair terms», author notes that Ukrainian legislation follows common legal trends and recognizes unfair terms when they violate the principle of good faith and fairness, as well as when they lead to a significant imbalance of contractual rights and obligations of the parties and harm the consumer. As a result, it was found that in general the concept of «unfair terms» is evaluative and can not by its very nature reflect the motives laid down in the contract by one or another party. The Court of EU and the courts of the EU member states do not give general conclusions on a case-by-case basis, using the definitions contained in the text of Directive 93/13/EEC, which set out the conditions that may be considered unfair. Author proposes to use the sign «significantly unfavorable position» proposed by A.A.Leff to define the concept of «unfair terms of the contract», as it will improve the protection of the interests of the economically weaker party in the contract.
{"title":"The Concept Of Unfair Contract Terms","authors":"I.M. Harhat","doi":"10.15330/apiclu.55.3-13","DOIUrl":"https://doi.org/10.15330/apiclu.55.3-13","url":null,"abstract":"The article explores the concept of «unfair terms contract terms» through the analysis of its origin and fixing in the legislation and legal literature of the European Union, Ukraine and the United States. Comparisons of interpretations of this concept according to Directive 93/13/EEC, Model Rules of European Private Law, The Uniform Commercial Code, as well as the Law of Ukraine «On Consumer Protection». \u0000In the article author notes that the definition of unfair terms of the contract is a complex symbiosis of material and procedural, a combination of justice and dishonesty, comparison of signs of «imbalance of interests» and «significantly disadvantaged» and therefore at this stage of civil law is not can be defined unambiguously. \u0000It is investigated that the modern civil legislation of Ukraine is still in solidarity with the legislation of most EU member states in terms of introducing this concept primarily to protect consumer rights. \u0000Regarding the definition of «unfair terms», author notes that Ukrainian legislation follows common legal trends and recognizes unfair terms when they violate the principle of good faith and fairness, as well as when they lead to a significant imbalance of contractual rights and obligations of the parties and harm the consumer. \u0000As a result, it was found that in general the concept of «unfair terms» is evaluative and can not by its very nature reflect the motives laid down in the contract by one or another party. The Court of EU and the courts of the EU member states do not give general conclusions on a case-by-case basis, using the definitions contained in the text of Directive 93/13/EEC, which set out the conditions that may be considered unfair. \u0000Author proposes to use the sign «significantly unfavorable position» proposed by A.A.Leff to define the concept of «unfair terms of the contract», as it will improve the protection of the interests of the economically weaker party in the contract.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129411382","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 : 2021-01-17DOI: 10.15330/apiclu.55.158-166
V. Knysh
This scientific article is devoted to the problems of formation and development of the institute of constitutional and legal responsibility in the period of the Cossack republic and the Hetman state. A special role here belongs to the legal enshrinement of this institution in the provisions of the Constitution of Philip Orlyk. In general, in legal science there are various scientific directions in the definition of constitutional liability. Such scientific approaches can be combined into four groups, in particular: 1) scientific direction, which is based on the substantiation of a narrow understanding of constitutional and legal responsibility, which is based on the recognition of only retrospective (negative) constitutional and legal responsibility; 2) scientific direction, which substantiates a broad understanding of constitutional and legal responsibility, which involves a combination of retrospective (negative) and long-term (positive) responsibility; 3) scientific direction, which distinguishes between retrospective (negative) and long-term (positive) responsibility; 4) scientific direction, which substantiates both the combination of retrospective (negative) and perspective (positive) responsibility, and the existence of only retrospective (negative) responsibility. At the same time, in the context of the latest trends in Ukrainian state-building and law-making, as well as taking into account the need for historical and legal (rather than purely theoretical, sectoral or institutional) study of the needs of transformation of legal responsibility in Ukraine and its individual types, constitutional and legal responsibility needs separate scientific research from a historical and legal point of view, including the formation and development during the Cossack republic and the Hetman state. According to the author, the acts of the Cossack republic and the Hetman state, and especially the Constitution of Pylyp Orlyk of 1710 not only determined the foundations of the political and socio-economic system of Ukraine, the apparatus of state power on the basis of division of power into legislative, executive and judicial, but also provided constitutional legal responsibility as a means of ensuring interaction between branches of government and a means of their effective functioning. This constitutional and legal responsibility existed both in the form of positive responsibility, which manifested itself in a clear definition of the powers of authorities and the establishment of ways and forms of interaction between them, and in the form of negative responsibility, which provided for sanctions against officials at all levels.
{"title":"Formation And Development Of Constitutional And Legal Responsibility In Ukraine During The Cossack Republic And The Hetman State","authors":"V. Knysh","doi":"10.15330/apiclu.55.158-166","DOIUrl":"https://doi.org/10.15330/apiclu.55.158-166","url":null,"abstract":"This scientific article is devoted to the problems of formation and development of the institute of constitutional and legal responsibility in the period of the Cossack republic and the Hetman state. A special role here belongs to the legal enshrinement of this institution in the provisions of the Constitution of Philip Orlyk. \u0000In general, in legal science there are various scientific directions in the definition of constitutional liability. Such scientific approaches can be combined into four groups, in particular: \u00001) scientific direction, which is based on the substantiation of a narrow understanding of constitutional and legal responsibility, which is based on the recognition of only retrospective (negative) constitutional and legal responsibility; \u00002) scientific direction, which substantiates a broad understanding of constitutional and legal responsibility, which involves a combination of retrospective (negative) and long-term (positive) responsibility; \u00003) scientific direction, which distinguishes between retrospective (negative) and long-term (positive) responsibility; \u00004) scientific direction, which substantiates both the combination of retrospective (negative) and perspective (positive) responsibility, and the existence of only retrospective (negative) responsibility. \u0000At the same time, in the context of the latest trends in Ukrainian state-building and law-making, as well as taking into account the need for historical and legal (rather than purely theoretical, sectoral or institutional) study of the needs of transformation of legal responsibility in Ukraine and its individual types, constitutional and legal responsibility needs separate scientific research from a historical and legal point of view, including the formation and development during the Cossack republic and the Hetman state. \u0000According to the author, the acts of the Cossack republic and the Hetman state, and especially the Constitution of Pylyp Orlyk of 1710 not only determined the foundations of the political and socio-economic system of Ukraine, the apparatus of state power on the basis of division of power into legislative, executive and judicial, but also provided constitutional legal responsibility as a means of ensuring interaction between branches of government and a means of their effective functioning. \u0000This constitutional and legal responsibility existed both in the form of positive responsibility, which manifested itself in a clear definition of the powers of authorities and the establishment of ways and forms of interaction between them, and in the form of negative responsibility, which provided for sanctions against officials at all levels.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116426096","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 : 2021-01-17DOI: 10.15330/apiclu.55.100-109
T. V. Malanchuk, V. Kyrychenko
The article considers the problem of combating international crime as one of the most negative social phenomena of our time. Today, the world is facing the fact that international crime has become a reality and a global problem. A powerful, comprehensive and diverse system of measures is used to combat international crimes committed by organized crime groups. The purpose of our study is to identify the problems of legal regulation in the fight against crimes of an international nature committed by organized criminal groups and to identify ways to solve this problem. The results of this work are that the growth of international crime has become an obvious problem today. It is impossible to overestimate the damage caused by transnational organized crime groups, which occupy not only one specific state, but entire regions and continents. Practice shows that it is impossible to effectively combat this type of crime within one state, hence the need for international cooperation to address this global problem. We believe that the desired result in the fight against transnational organized crime in Ukraine can be obtained only due to the complex nature of the activity, and the existing methods should undergo significant changes and expand both nationally and internationally. In these circumstances, the further development of international cooperation between states in the fight against crime, in accordance with current realities, is one of the priorities of the world community. The issue of developing a unified international anti-crime policy, which includes not only international legal mechanisms, but also a wide range of measures aimed at preventing international crime, is relevant. Obviously, the adoption of a new UN Convention against Transnational Crime is a new stage in shaping such a policy at the global level.
{"title":"Legal Problems In The Field Of Combating Crimes Of International Nature Committed By Organized Criminal Groups","authors":"T. V. Malanchuk, V. Kyrychenko","doi":"10.15330/apiclu.55.100-109","DOIUrl":"https://doi.org/10.15330/apiclu.55.100-109","url":null,"abstract":"The article considers the problem of combating international crime as one of the most negative social phenomena of our time. Today, the world is facing the fact that international crime has become a reality and a global problem. A powerful, comprehensive and diverse system of measures is used to combat international crimes committed by organized crime groups. The purpose of our study is to identify the problems of legal regulation in the fight against crimes of an international nature committed by organized criminal groups and to identify ways to solve this problem. The results of this work are that the growth of international crime has become an obvious problem today. It is impossible to overestimate the damage caused by transnational organized crime groups, which occupy not only one specific state, but entire regions and continents. Practice shows that it is impossible to effectively combat this type of crime within one state, hence the need for international cooperation to address this global problem. We believe that the desired result in the fight against transnational organized crime in Ukraine can be obtained only due to the complex nature of the activity, and the existing methods should undergo significant changes and expand both nationally and internationally. In these circumstances, the further development of international cooperation between states in the fight against crime, in accordance with current realities, is one of the priorities of the world community. The issue of developing a unified international anti-crime policy, which includes not only international legal mechanisms, but also a wide range of measures aimed at preventing international crime, is relevant. Obviously, the adoption of a new UN Convention against Transnational Crime is a new stage in shaping such a policy at the global level.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"188 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131741203","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 : 2021-01-17DOI: 10.15330/apiclu.55.109-119
O. Shevchenko
The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).
{"title":"The Concept Of Solidarity As A Factor In The Realization Of Human And Civil Rights And Freedoms In Ukraine","authors":"O. Shevchenko","doi":"10.15330/apiclu.55.109-119","DOIUrl":"https://doi.org/10.15330/apiclu.55.109-119","url":null,"abstract":"The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. \u0000Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. \u0000It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124283868","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 : 2021-01-17DOI: 10.15330/apiclu.55.14-21
L. Zinych
In the article the author explores the prospects of using blockchain technologies to protect intellectual property rights. The purpose of this study is to identify the main advantages of this technology, analysis of foreign legislation and proposals for improving existing legislation. The analysis of activity of operating services on the basis of blockchain technology WIPO Proof, Blinded, Ascribe and practice of their application is carried out. Promising areas of use of blockchain technology in the field of intellectual property should be: ensuring the automatic storage of data of applications for intellectual property rights; opportunity to confirm intellectual property rights; separations of access rights to the object of intellectual property rights. Ensuring automatic storage of data of applicants for intellectual property rights. Services based on blockchain technology allow you to securely store user data. The reliability and completeness of the data rests with the user of the services. Ability to confirm intellectual property rights. Analyzing advantages and disadvantages of blochchain technology, it should be noted that this technology will have a positive result in Ukraine, namely build on the basic technology of blockchain register of intellectual property rights. By analogy with the State Land Cadastral to blockchain technology. Separation of access right to the object of intellectual property rights. The advantage of this service is the ability to enter into smart contracts, which are confidential because they are stored in encrypted form, reduces time and money. The parties can be sure that the terms of the agreement will be met, and no one will change them. In conclusion, blockchain technology has significant prospects and provides an opportunity to qualitatively transform the field of intellectual property in the direction of providing reliable evidence of authorship, facilitating content control and user rights management.
{"title":"Possibilities Usage Blockchain Technology For Protect Intellectual Property Rights In Ukraine","authors":"L. Zinych","doi":"10.15330/apiclu.55.14-21","DOIUrl":"https://doi.org/10.15330/apiclu.55.14-21","url":null,"abstract":"In the article the author explores the prospects of using blockchain technologies to protect intellectual property rights. The purpose of this study is to identify the main advantages of this technology, analysis of foreign legislation and proposals for improving existing legislation. The analysis of activity of operating services on the basis of blockchain technology WIPO Proof, Blinded, Ascribe and practice of their application is carried out. Promising areas of use of blockchain technology in the field of intellectual property should be: ensuring the automatic storage of data of applications for intellectual property rights; opportunity to confirm intellectual property rights; separations of access rights to the object of intellectual property rights. Ensuring automatic storage of data of applicants for intellectual property rights. Services based on blockchain technology allow you to securely store user data. The reliability and completeness of the data rests with the user of the services. Ability to confirm intellectual property rights. Analyzing advantages and disadvantages of blochchain technology, it should be noted that this technology will have a positive result in Ukraine, namely build on the basic technology of blockchain register of intellectual property rights. By analogy with the State Land Cadastral to blockchain technology. Separation of access right to the object of intellectual property rights. The advantage of this service is the ability to enter into smart contracts, which are confidential because they are stored in encrypted form, reduces time and money. The parties can be sure that the terms of the agreement will be met, and no one will change them. In conclusion, blockchain technology has significant prospects and provides an opportunity to qualitatively transform the field of intellectual property in the direction of providing reliable evidence of authorship, facilitating content control and user rights management.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127778465","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 : 2021-01-17DOI: 10.15330/apiclu.55.166-174
Nataliia Bashuryn
Scientific and technical information is a complex object that may under certain conditions fall under the legal regulation of information, civil law, including copyright and patent law. The author examines the manifestations of scientific and technical information as an object of civil rights in particular. The concept of scientific and technical information and its specific features are defined. The article states that as an object of civil law, scientific and technical information can be interpreted as a personal intangible asset, as well as an informational scientific and technical product or informational scientific and technical resource. To qualitatively distinguish these concepts, their definitions and basic identifying features are given. The article states that despite the delimitation of these concepts, they are closely interrelated and often interdependent. It is noted that the information product and information resource are not identical concepts, although as an object of civil rights have a similar legal nature and characteristics. The author consider, that scientific and technical information as a good has no value and cannot be the subject of property relations. The product-subject (thing) circulates in the information market and has a value in the form of an information product or resource, is characterized by individually defined features of the thing and is the subject of transactions. It is determined that scientific and technical information and scientific and technical information product or resource - categories are not identical in content, because: 1) scientific and technical information is good; scientific and technical information product (resource) - a thing; rights on scientific and technical information, if it contains indications about the object of intellectual property rights, - regulated by the subinstitution of exclusive rights; rights from a scientific and technical information product or scientific and technical information resource - the institute of property law.
{"title":"Theoretical aspects of distinguishing the concepts of «scientific and technical information» and «information resource»","authors":"Nataliia Bashuryn","doi":"10.15330/apiclu.55.166-174","DOIUrl":"https://doi.org/10.15330/apiclu.55.166-174","url":null,"abstract":"Scientific and technical information is a complex object that may under certain conditions fall under the legal regulation of information, civil law, including copyright and patent law. The author examines the manifestations of scientific and technical information as an object of civil rights in particular. The concept of scientific and technical information and its specific features are defined. The article states that as an object of civil law, scientific and technical information can be interpreted as a personal intangible asset, as well as an informational scientific and technical product or informational scientific and technical resource. To qualitatively distinguish these concepts, their definitions and basic identifying features are given. The article states that despite the delimitation of these concepts, they are closely interrelated and often interdependent. It is noted that the information product and information resource are not identical concepts, although as an object of civil rights have a similar legal nature and characteristics. The author consider, that scientific and technical information as a good has no value and cannot be the subject of property relations. The product-subject (thing) circulates in the information market and has a value in the form of an information product or resource, is characterized by individually defined features of the thing and is the subject of transactions. It is determined that scientific and technical information and scientific and technical information product or resource - categories are not identical in content, because: 1) scientific and technical information is good; scientific and technical information product (resource) - a thing; rights on scientific and technical information, if it contains indications about the object of intellectual property rights, - regulated by the subinstitution of exclusive rights; rights from a scientific and technical information product or scientific and technical information resource - the institute of property law.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132203284","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 : 2021-01-17DOI: 10.15330/apiclu.55.78-89
H. V. Moroz
The article is aimed at studying the content of the general principles of European Union (EU) law, their importance in ensuring public and private interests in environmental relations. It is argued that the principles of law are based on public interests and needs, so the most important characteristic of the principles of law is their ability to put emphasis on the most important values of public life. It is established that the full potential of the principles of law is best manifested in the administration of justice, most clearly reflected in the case law of the European Court of Human Rights, less perfectly - in the judicial system of Ukraine. The general principles common to the legal systems of the EU member states are the following: 1) the principle of proportionality; 2) the principle of legal certainty; 3) the principle of legitimate expectations. Performing its functions, the state may intervene in the private sphere within acceptable limits, and the criteria of the principle of proportionality are used to optimize such intervention in order to satisfy the general public interest. The following criteria are defined: 1) the legality of intervention; 2) a legitimate purpose (justification of intervention by the general interest); 3) a fair balance between the interests of property rights and public interests. The intervention should ideally be proportionate, measured, optimal and easy for the entity. In essence, this principle is designed to control the law not only in terms of the legitimacy of the influence of the authorities on fundamental rights but also on its balance in general. Legal certainty requires not only the promulgation of adopted laws or other regulations but also the relative clarity of their content so that individuals can predict and determine their behavior, the limits of manifestation and realization of their interests. The principle of legitimate expectations (reasonable predictability of court decisions) in the procedural sense applies to uniform and consistent law enforcement practice, avoidance of selective justice. The use of the concept of legitimate expectations is effective for application in cases of the protection of private property rights as well as the right to public property and public interests. It is allowed to limit the principle of protection of legitimate expectations, for example, if there is an overriding public interest, which is applicable in terms of environmental relations. The article argues that the practice of the European Court of Human Rights, as a source of law, provides a legal interpretation of substantive and procedural norms that would be vague without practical explanation. In the meantime, it is argued that in the process of approximating the environmental norms of Ukraine with EU law, the specifics of the environmental sphere and the competitive nature of the interests of entities that implement the corresponding regulations have to be considered.
{"title":"The Importance Of The General Principles Of European Union Law In Ensuring Public And Private Interests In Environmental Relations","authors":"H. V. Moroz","doi":"10.15330/apiclu.55.78-89","DOIUrl":"https://doi.org/10.15330/apiclu.55.78-89","url":null,"abstract":"The article is aimed at studying the content of the general principles of European Union (EU) law, their importance in ensuring public and private interests in environmental relations. \u0000It is argued that the principles of law are based on public interests and needs, so the most important characteristic of the principles of law is their ability to put emphasis on the most important values of public life. It is established that the full potential of the principles of law is best manifested in the administration of justice, most clearly reflected in the case law of the European Court of Human Rights, less perfectly - in the judicial system of Ukraine. \u0000The general principles common to the legal systems of the EU member states are the following: 1) the principle of proportionality; 2) the principle of legal certainty; 3) the principle of legitimate expectations. \u0000Performing its functions, the state may intervene in the private sphere within acceptable limits, and the criteria of the principle of proportionality are used to optimize such intervention in order to satisfy the general public interest. The following criteria are defined: 1) the legality of intervention; 2) a legitimate purpose (justification of intervention by the general interest); 3) a fair balance between the interests of property rights and public interests. The intervention should ideally be proportionate, measured, optimal and easy for the entity. In essence, this principle is designed to control the law not only in terms of the legitimacy of the influence of the authorities on fundamental rights but also on its balance in general. Legal certainty requires not only the promulgation of adopted laws or other regulations but also the relative clarity of their content so that individuals can predict and determine their behavior, the limits of manifestation and realization of their interests. The principle of legitimate expectations (reasonable predictability of court decisions) in the procedural sense applies to uniform and consistent law enforcement practice, avoidance of selective justice. The use of the concept of legitimate expectations is effective for application in cases of the protection of private property rights as well as the right to public property and public interests. It is allowed to limit the principle of protection of legitimate expectations, for example, if there is an overriding public interest, which is applicable in terms of environmental relations. \u0000The article argues that the practice of the European Court of Human Rights, as a source of law, provides a legal interpretation of substantive and procedural norms that would be vague without practical explanation. In the meantime, it is argued that in the process of approximating the environmental norms of Ukraine with EU law, the specifics of the environmental sphere and the competitive nature of the interests of entities that implement the corresponding regulations have to be considered.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"279 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132392971","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 : 2021-01-17DOI: 10.15330/apiclu.55.55-64
V.Ye. Sikora
The article establishes the current state of legal regulation of corporate relations in the context of the organization and holding of the general meeting of participants of limited and additional liability companies. The legal nature and content of the right to participate in the management of a limited/additional liability company through the prism of comparative legal analysis of the works of modern scientists are studied. Based on the above, it is installed the relationship of a broad understanding of the concept of company management and its components, including those related to the functioning of the general meeting of participants. It is established that the general meeting of participants of a limited/additional liability company plays the most important role in the management of the company. The essence of the right to participate in the general meeting of participants of a limited/additional liability company is clarified and its content is determined. Emphasis is placed on the direct dependence of the right of actual participation of a participant of a limited/additional liability company in the general meeting on the latter’s awareness of the time and place of their holding. The peculiarities of the organization and holding of the general meeting of the participants of the limited/additional liability company are analyzed. The procedure for forming the agenda of the general meeting of participants of a limited/additional liability company is determined. The procedure for notifying the convening and venue of the general meeting is described. The peculiarities of holding a general meeting of participants by a company with one participant are determined. Based on the study, conclusions were made about the overall effectiveness of the mechanisms provided by current legislation, which establish the procedure for organizing and conducting the general meeting of participants of a limited/additional liability company. At the same time, attention is paid to the need to finalize certain provisions of the special Law, taking into account the needs and problems that arise in practice, and in order to consolidate the relevant developments at the legislative and local levels (in the company’s charter).
{"title":"Features Of The Organization And Holding Of The General Meeting Of Participants Of Limited And Additional Liability Companies","authors":"V.Ye. Sikora","doi":"10.15330/apiclu.55.55-64","DOIUrl":"https://doi.org/10.15330/apiclu.55.55-64","url":null,"abstract":"The article establishes the current state of legal regulation of corporate relations in the context of the organization and holding of the general meeting of participants of limited and additional liability companies. The legal nature and content of the right to participate in the management of a limited/additional liability company through the prism of comparative legal analysis of the works of modern scientists are studied. Based on the above, it is installed the relationship of a broad understanding of the concept of company management and its components, including those related to the functioning of the general meeting of participants. \u0000It is established that the general meeting of participants of a limited/additional liability company plays the most important role in the management of the company. The essence of the right to participate in the general meeting of participants of a limited/additional liability company is clarified and its content is determined. Emphasis is placed on the direct dependence of the right of actual participation of a participant of a limited/additional liability company in the general meeting on the latter’s awareness of the time and place of their holding. \u0000The peculiarities of the organization and holding of the general meeting of the participants of the limited/additional liability company are analyzed. The procedure for forming the agenda of the general meeting of participants of a limited/additional liability company is determined. The procedure for notifying the convening and venue of the general meeting is described. \u0000The peculiarities of holding a general meeting of participants by a company with one participant are determined. \u0000Based on the study, conclusions were made about the overall effectiveness of the mechanisms provided by current legislation, which establish the procedure for organizing and conducting the general meeting of participants of a limited/additional liability company. At the same time, attention is paid to the need to finalize certain provisions of the special Law, taking into account the needs and problems that arise in practice, and in order to consolidate the relevant developments at the legislative and local levels (in the company’s charter).","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124340876","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：