Pub Date : 2020-11-30DOI: 10.15330/apiclu.54.55-66
A. Sulyma
The article analyzes the origins of the modem understanding of local corporate lawmaking of corporations. The works of both representatives of the Soviet doctrine of the state and law, and the works of modern scholars were analyzed - in particular their views on local lawmaking and local corporate lawmaking of legal entities. The author expresses an opinion that most modern approaches stem from the doctrine of lawmaking of the Soviet period of science development and do not correspond to the modern development of the legal system (including such a complex area of law as corporate law) and economic relations in Ukraine. The author notes that among the types of local lawmaking, representatives of modern legal theory most often single out lawmaking of non-governmental organization, which dates back to the 70s of the XX century, suggested that they do not take into account the then understanding of the concept of «non-governmental organization». Concluded that in most works on the theory of law, which distinguish local lawmaking as an independent form, the focus is on lawmaking, which is specifically associated with executive agencies and labor relations. The author draws the conclusion that local corporate acts appeared in Ukraine and received the first theoretical substantiation by scientists because of the development of market relations and entrepreneurship, as well as the presence of dispositive norms in the laws or lack of regulation of certain relations. These allowed achieving such a settlement by adopting local regulations: the constituent documents (statute and founding agreement) and acts of internal regulation of the legal entity (so-called internal corporate acts).
{"title":"Evolution Of Scientific Approaches To Understanding Local Corporate Lawmaking","authors":"A. Sulyma","doi":"10.15330/apiclu.54.55-66","DOIUrl":"https://doi.org/10.15330/apiclu.54.55-66","url":null,"abstract":"The article analyzes the origins of the modem understanding of local corporate lawmaking of corporations. The works of both representatives of the Soviet doctrine of the state and law, and the works of modern scholars were analyzed - in particular their views on local lawmaking and local corporate lawmaking of legal entities. \u0000The author expresses an opinion that most modern approaches stem from the doctrine of lawmaking of the Soviet period of science development and do not correspond to the modern development of the legal system (including such a complex area of law as corporate law) and economic relations in Ukraine. The author notes that among the types of local lawmaking, representatives of modern legal theory most often single out lawmaking of non-governmental organization, which dates back to the 70s of the XX century, suggested that they do not take into account the then understanding of the concept of «non-governmental organization». \u0000Concluded that in most works on the theory of law, which distinguish local lawmaking as an independent form, the focus is on lawmaking, which is specifically associated with executive agencies and labor relations. \u0000The author draws the conclusion that local corporate acts appeared in Ukraine and received the first theoretical substantiation by scientists because of the development of market relations and entrepreneurship, as well as the presence of dispositive norms in the laws or lack of regulation of certain relations. These allowed achieving such a settlement by adopting local regulations: the constituent documents (statute and founding agreement) and acts of internal regulation of the legal entity (so-called internal corporate acts).","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130363559","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 : 2020-11-30DOI: 10.15330/apiclu.54.180-189
L.T. Prystash
The scientific article deals with the processes related to the historical experience of Ukrainians in the activities of the Galician Regional Seimas as an important stage in the struggle for the formation of civil society structures. The author examines the legal status and powers of Ukrainian deputies in the Galician Regional Sejm; characterizes the list of requirements that were set for ambassadors (the name of the position of deputy) in order to be elected; a list of grounds that made the election impossible; rights and responsibilities of deputies and activities in the Seimas, etc. Ukrainian ambassadors to the regional Sejm were representatives of the region’s interests. From the very beginning of their activity they affirmed the national identity of Galicians, fought for their socio-economic, national-political and cultural- educational rights, took an active part in the formation of language-educational and electoral legislation, as well as in the activities of national parliamentary institutions. In general, the National Seimas was interpreted as a field of struggle for national equality and, thus, awakened the national consciousness of broad sections of the population. The creation and activity of the Galician Seimas became an important experience for Ukrainians on the way to forming their own concept of national statehood and an effective place for gaining political experience. Studying and analyzing the facts from the historical past ofUkraine, it is necessary to make a clear understanding of the aspirations of Ukrainians to create their own independent, conciliar, nationally worthy state with all its attributes. It is the events of the late nineteenth - early twentieth century. in Eastern Galicia and the activities of Ukrainian ambassadors in the Galician Regional Sejm were the key moments in confirming the state-building consciousness of the Ukrainian population of the region and the ability to find a political compromise at the right time.
{"title":"Ukrainian Representation In The Galician Regional Seimas: Legal Status And Powers","authors":"L.T. Prystash","doi":"10.15330/apiclu.54.180-189","DOIUrl":"https://doi.org/10.15330/apiclu.54.180-189","url":null,"abstract":"The scientific article deals with the processes related to the historical experience of Ukrainians in the activities of the Galician Regional Seimas as an important stage in the struggle for the formation of civil society structures. The author examines the legal status and powers of Ukrainian deputies in the Galician Regional Sejm; characterizes the list of requirements that were set for ambassadors (the name of the position of deputy) in order to be elected; a list of grounds that made the election impossible; rights and responsibilities of deputies and activities in the Seimas, etc. \u0000Ukrainian ambassadors to the regional Sejm were representatives of the region’s interests. From the very beginning of their activity they affirmed the national identity of Galicians, fought for their socio-economic, national-political and cultural- educational rights, took an active part in the formation of language-educational and electoral legislation, as well as in the activities of national parliamentary institutions. In general, the National Seimas was interpreted as a field of struggle for national equality and, thus, awakened the national consciousness of broad sections of the population. \u0000The creation and activity of the Galician Seimas became an important experience for Ukrainians on the way to forming their own concept of national statehood and an effective place for gaining political experience. \u0000Studying and analyzing the facts from the historical past ofUkraine, it is necessary to make a clear understanding of the aspirations of Ukrainians to create their own independent, conciliar, nationally worthy state with all its attributes. It is the events of the late nineteenth - early twentieth century. in Eastern Galicia and the activities of Ukrainian ambassadors in the Galician Regional Sejm were the key moments in confirming the state-building consciousness of the Ukrainian population of the region and the ability to find a political compromise at the right time.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132490368","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 : 2020-11-30DOI: 10.15330/apiclu.54.89-100
L. Miskevych
The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.
{"title":"Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease","authors":"L. Miskevych","doi":"10.15330/apiclu.54.89-100","DOIUrl":"https://doi.org/10.15330/apiclu.54.89-100","url":null,"abstract":"The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. \u0000The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. \u0000Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122186387","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 : 2020-11-30DOI: 10.15330/apiclu.54.160-169
O.O. Kotsubei
The new provisions introduced by the Lisbon Treaty provide flexibility and thus eliminate many questions about whether the EU can be empowered to act in any area of criminal law. However, its powers and tools raise other issues. First, the Lisbon reforms demonstrate an agreement to disagree on whether centralized action should form a major part of national legislation. Although the application of mutual recognition as a constitutional standard implies that Member States remain at the forefront of law enforcement, the Lisbon Treaty clearly allows for future decisions on the centralization of powers in EU institutions such as Europol and Eurojust. It also does not provide for unconditional criminal jurisdiction, but imposes some restrictions. Directives are also a problem as a legal instrument by which the Union can establish minimum rules. Given the significant limitations of the Directive as a tool and the potential lack of direct impact on instruments containing minimum rules, the question arises as to whether any provisions in the section on Freedom, Security and Justice can allow the creation of directly applicable criminal law in the form of regulations. acts, or whether it is possible to use these or other powers that are allegedly outside the scope of this section to circumvent the references to the directives. In addition, it should not be forgotten that the TFEU provides for exclusive, shared and supportive competences in the field of criminal law policy.
{"title":"EU Criminal Law Policy Under The Lisbon Treaty","authors":"O.O. Kotsubei","doi":"10.15330/apiclu.54.160-169","DOIUrl":"https://doi.org/10.15330/apiclu.54.160-169","url":null,"abstract":"The new provisions introduced by the Lisbon Treaty provide flexibility and thus eliminate many questions about whether the EU can be empowered to act in any area of criminal law. However, its powers and tools raise other issues. First, the Lisbon reforms demonstrate an agreement to disagree on whether centralized action should form a major part of national legislation. Although the application of mutual recognition as a constitutional standard implies that Member States remain at the forefront of law enforcement, the Lisbon Treaty clearly allows for future decisions on the centralization of powers in EU institutions such as Europol and Eurojust. It also does not provide for unconditional criminal jurisdiction, but imposes some restrictions. Directives are also a problem as a legal instrument by which the Union can establish minimum rules. Given the significant limitations of the Directive as a tool and the potential lack of direct impact on instruments containing minimum rules, the question arises as to whether any provisions in the section on Freedom, Security and Justice can allow the creation of directly applicable criminal law in the form of regulations. acts, or whether it is possible to use these or other powers that are allegedly outside the scope of this section to circumvent the references to the directives. In addition, it should not be forgotten that the TFEU provides for exclusive, shared and supportive competences in the field of criminal law policy.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121409395","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 : 2020-11-30DOI: 10.15330/apiclu.54.67-74
O. A. Vivcharenko
The article is devoted to the legal regulation of public relations regarding land protection and its protection function, is based on the creation of a regulatory framework in Ukraine, which defines legal norms in the field of land rights, property and other land rights, based on European standards focused on priority of land protection. Formation and improvement of legal regulation of relations on land protection belongs to the priority areas of adaptation of Ukrainian legislation to European Union legislation, defined by the Law of Ukraine «On National Program of Adaptation of Ukrainian Legislation to European Union Legislation», which is designed to form and improve new regulation relations regarding land plots, ensuring responsibility and harmonization with the legislation at the present stage. The legislation of Ukraine establishes the powers of the subjects of national security. The President of Ukraine, as the Supreme Commander-in-Chief of the Armed Forces of Ukraine, the Chairman of the National Security and Defense Council, exercises general leadership in the spheres of national security and defense of Ukraine. The Verkhovna Rada, within the powers provided by the Constitution of Ukraine, determines the principles of foreign and domestic policy, national security, forms the legal framework in this area, approves decisions on the imposition of state of emergency and martial law, mobilization, general structure, size of the Armed Forces of Ukraine and other military formations created to the laws of Ukraine.
{"title":"Constitutional And Legal, Protective Function Of Lands In Ukraine At The Present Stage","authors":"O. A. Vivcharenko","doi":"10.15330/apiclu.54.67-74","DOIUrl":"https://doi.org/10.15330/apiclu.54.67-74","url":null,"abstract":"The article is devoted to the legal regulation of public relations regarding land protection and its protection function, is based on the creation of a regulatory framework in Ukraine, which defines legal norms in the field of land rights, property and other land rights, based on European standards focused on priority of land protection. Formation and improvement of legal regulation of relations on land protection belongs to the priority areas of adaptation of Ukrainian legislation to European Union legislation, defined by the Law of Ukraine «On National Program of Adaptation of Ukrainian Legislation to European Union Legislation», which is designed to form and improve new regulation relations regarding land plots, ensuring responsibility and harmonization with the legislation at the present stage. The legislation of Ukraine establishes the powers of the subjects of national security. The President of Ukraine, as the Supreme Commander-in-Chief of the Armed Forces of Ukraine, the Chairman of the National Security and Defense Council, exercises general leadership in the spheres of national security and defense of Ukraine. The Verkhovna Rada, within the powers provided by the Constitution of Ukraine, determines the principles of foreign and domestic policy, national security, forms the legal framework in this area, approves decisions on the imposition of state of emergency and martial law, mobilization, general structure, size of the Armed Forces of Ukraine and other military formations created to the laws of Ukraine.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"318 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116420735","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 : 2020-11-30DOI: 10.15330/apiclu.54.149-159
A.M. Cheredarchuk
In this article, the author analyzes the subjective side of criminal offenses related to public procurement. It is determined that the state is the victim of a criminal offense, because it is it that does not get the result it expected when allocating budget funds. First of all, the reputation of the state itself, its state institutions is lost, the level of public distrust in public authorities increases, and so on. With this in mind, the guilt of the subjects of criminal offenses related to public procurement lies in the form of intent. The article proves that the guilt of criminal offenses in the field of public procurement is characterized by the fact that individuals commit such acts quite consciously, but often do not fully or partially admit their guilt. For the most part, the guilt of the investigated criminal offenses takes the form of direct intent, and can sometimes be combined with a selfish motive. The purpose of a criminal offense in the field of public procurement is manifested in the desire of the perpetrator to achieve certain harmful consequences. Purpose, as well as motive, is an optional feature of the subjective side of the criminal offense. The peculiarity of the purpose, as a sign of the composition of a criminal offense, is that such criminal offenses, which are committed for a specific purpose, are committed exclusively with intent. The purpose of a person who commits a criminal act in the field of public procurement as enrichment can be different - both specified (obtaining a specific desired property) and blurred (to improve their unsatisfactory financial situation, etc.). The purpose of committing such criminal offenses may be obvious or hidden. Thus, we can conclude that the purpose of the criminal offenses we investigate clearly follows from the nature of the act.
{"title":"The Subjective Side Of Criminal Offenses In The Field Of Public Procurement","authors":"A.M. Cheredarchuk","doi":"10.15330/apiclu.54.149-159","DOIUrl":"https://doi.org/10.15330/apiclu.54.149-159","url":null,"abstract":"In this article, the author analyzes the subjective side of criminal offenses related to public procurement. It is determined that the state is the victim of a criminal offense, because it is it that does not get the result it expected when allocating budget funds. First of all, the reputation of the state itself, its state institutions is lost, the level of public distrust in public authorities increases, and so on. With this in mind, the guilt of the subjects of criminal offenses related to public procurement lies in the form of intent. The article proves that the guilt of criminal offenses in the field of public procurement is characterized by the fact that individuals commit such acts quite consciously, but often do not fully or partially admit their guilt. For the most part, the guilt of the investigated criminal offenses takes the form of direct intent, and can sometimes be combined with a selfish motive. \u0000The purpose of a criminal offense in the field of public procurement is manifested in the desire of the perpetrator to achieve certain harmful consequences. Purpose, as well as motive, is an optional feature of the subjective side of the criminal offense. The peculiarity of the purpose, as a sign of the composition of a criminal offense, is that such criminal offenses, which are committed for a specific purpose, are committed exclusively with intent. \u0000The purpose of a person who commits a criminal act in the field of public procurement as enrichment can be different - both specified (obtaining a specific desired property) and blurred (to improve their unsatisfactory financial situation, etc.). The purpose of committing such criminal offenses may be obvious or hidden. Thus, we can conclude that the purpose of the criminal offenses we investigate clearly follows from the nature of the act.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"395 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125810610","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 : 2020-11-30DOI: 10.15330/apiclu.54.22-36
O. I. Zozuliak
The scientific article analyses the modem understanding of the term « consumer society « in Ukraine. The author gives reasons for feasibility to separate such independent legal entities’ forms as public associations and consumer societies within the group of non-business entities of the corporate type. The author explains that the membership in the non-business entity of corporate type may both generate (in consumer societies) and not generate (in public associations) the property relationships between a member of such a legal entity and the legal entity itself. There are criteria to distinguish non-business entities of public law and nonbusiness entities of private law, namely: 1) the approach chosen by a legislator should constitute the basis 2) the additional criteria are: the category of interest, legal regime of property, the peculiarities of the founder’s liability for the obligations imposed on the established non-business entity. The consumer society is singled out into the independent legal form of the nonbusiness entities according to the following peculiarities: 1) the property relationship between the consumer society’s participants and the consumer society itself; they are legal entities of the private law; 2) specifics of the society participants’ liability for obligations of the society; 3) private interest of the participants (founders) makes the basis of the society activity.
{"title":"Consumer Society As A Legal Form Of Non-For-Profit Legal Entity","authors":"O. I. Zozuliak","doi":"10.15330/apiclu.54.22-36","DOIUrl":"https://doi.org/10.15330/apiclu.54.22-36","url":null,"abstract":"The scientific article analyses the modem understanding of the term « consumer society « in Ukraine. The author gives reasons for feasibility to separate such independent legal entities’ forms as public associations and consumer societies within the group of non-business entities of the corporate type. \u0000The author explains that the membership in the non-business entity of corporate type may both generate (in consumer societies) and not generate (in public associations) the property relationships between a member of such a legal entity and the legal entity itself. \u0000There are criteria to distinguish non-business entities of public law and nonbusiness entities of private law, namely: 1) the approach chosen by a legislator should constitute the basis 2) the additional criteria are: the category of interest, legal regime of property, the peculiarities of the founder’s liability for the obligations imposed on the established non-business entity. \u0000The consumer society is singled out into the independent legal form of the nonbusiness entities according to the following peculiarities: 1) the property relationship between the consumer society’s participants and the consumer society itself; they are legal entities of the private law; 2) specifics of the society participants’ liability for obligations of the society; 3) private interest of the participants (founders) makes the basis of the society activity.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123611129","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 : 2020-11-30DOI: 10.15330/apiclu.54.10-22
R. M. Heints
The article analyzes the definition of civil active capacity of natural persons, reveals the existing approaches in the doctrine to its definition and understanding of passive capacity to perform juristic act as an element of civil active capacity. The author positively perceives the position of the legislature on the formulation of the concept of civil active capacity through the term «ability», because the process of forming the will of natural persons has a biological nature and, accordingly, the basis for granting of natural persons an active capacity is its natural ability to adequately perceive and evaluate the surrounding reality, own actions, make independent decisions, implement them through own actions and be aware of the responsibility for such actions. Given that the basis of active capacity is the ability to independently perform legally significant lawful acts, the key element of active capacity is passive capacity to perform juristic act. According to the results of the study, the author proposes to classify all juristic act performing by a minor by the criterion of «coordination of their commission with parents (adopter) or trustees» into three groups: 1) juristic act that can be performing without the consent of parents (adopter) or trustees; 2) juristic act that can be performing with the consent of parents (adopter) or trustees; 3) juristic act that can be performing with the consent of parents (adopter) or trustees and with the permission of the guardianship authority. The consent of parents (adopter) or trustees to perform a juristic act by a minor should be considered as an additional requirement established by the legislature to the procedure of its performing by a minor and an additional guarantee to protect the interests of a minor who cannot fully assess the need to perform the juristic act and its legal consequences. According to the current legislation, the consent of the parents (adopter) or trustees to perform a juristic act by a minor may be made orally, for default, or in writing by a notarized form.
{"title":"Passive Capacity To Perform Juristic Acts As An Element Of Civil Active Capacity Of Minors","authors":"R. M. Heints","doi":"10.15330/apiclu.54.10-22","DOIUrl":"https://doi.org/10.15330/apiclu.54.10-22","url":null,"abstract":"The article analyzes the definition of civil active capacity of natural persons, reveals the existing approaches in the doctrine to its definition and understanding of passive capacity to perform juristic act as an element of civil active capacity. \u0000The author positively perceives the position of the legislature on the formulation of the concept of civil active capacity through the term «ability», because the process of forming the will of natural persons has a biological nature and, accordingly, the basis for granting of natural persons an active capacity is its natural ability to adequately perceive and evaluate the surrounding reality, own actions, make independent decisions, implement them through own actions and be aware of the responsibility for such actions. Given that the basis of active capacity is the ability to independently perform legally significant lawful acts, the key element of active capacity is passive capacity to perform juristic act. \u0000According to the results of the study, the author proposes to classify all juristic act performing by a minor by the criterion of «coordination of their commission with parents (adopter) or trustees» into three groups: 1) juristic act that can be performing without the consent of parents (adopter) or trustees; 2) juristic act that can be performing with the consent of parents (adopter) or trustees; 3) juristic act that can be performing with the consent of parents (adopter) or trustees and with the permission of the guardianship authority. \u0000The consent of parents (adopter) or trustees to perform a juristic act by a minor should be considered as an additional requirement established by the legislature to the procedure of its performing by a minor and an additional guarantee to protect the interests of a minor who cannot fully assess the need to perform the juristic act and its legal consequences. \u0000According to the current legislation, the consent of the parents (adopter) or trustees to perform a juristic act by a minor may be made orally, for default, or in writing by a notarized form.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130572475","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 : 2020-11-30DOI: 10.15330/apiclu.54.74-89
T. V. Kosheliuk
The article presents an analysis of the understanding of the concept and management system in the field of nature reserves of Ukraine, in particular, national nature parks. As a result of the analysis of scientific literature, normative-legal acts the author’s approaches to systematization of types of management in this sphere are presented. The separation of three management systems is substantiated: 1) state; 2) intra-administrative 3) public. Based on this, a system of entities (institutions) that implement management functions at different levels. The study identified problems and shortcomings in the mechanism of public management of national nature parks and suggested ways to solve them. The issues of peculiarities of management of national nature parks, legal status of subjects of administrative activity, competences of subjects of state management of nature reserve fund, as well as participation of public and scientific institutions in this process are insufficiently researched today. Therefore, there is a need to develop ways to improve the institutional framework of management in this area. The author emphasizes the subordination of national nature parks various agencies, which creates a problematic situation, because when the national nature park belongs to a non-core agency, which does not have special units for the management of such facilities, there are numerous violations of current legislation on nature reserves. After all, only a centralized management system of the relevant body will help maintain compliance with the legal regime in these areas and optimize the activities of national nature parks.
{"title":"Institutional Management System Of National Nature Parks In Ukraine","authors":"T. V. Kosheliuk","doi":"10.15330/apiclu.54.74-89","DOIUrl":"https://doi.org/10.15330/apiclu.54.74-89","url":null,"abstract":"The article presents an analysis of the understanding of the concept and management system in the field of nature reserves of Ukraine, in particular, national nature parks. As a result of the analysis of scientific literature, normative-legal acts the author’s approaches to systematization of types of management in this sphere are presented. The separation of three management systems is substantiated: 1) state; 2) intra-administrative 3) public. Based on this, a system of entities (institutions) that implement management functions at different levels. The study identified problems and shortcomings in the mechanism of public management of national nature parks and suggested ways to solve them. \u0000The issues of peculiarities of management of national nature parks, legal status of subjects of administrative activity, competences of subjects of state management of nature reserve fund, as well as participation of public and scientific institutions in this process are insufficiently researched today. Therefore, there is a need to develop ways to improve the institutional framework of management in this area. \u0000The author emphasizes the subordination of national nature parks various agencies, which creates a problematic situation, because when the national nature park belongs to a non-core agency, which does not have special units for the management of such facilities, there are numerous violations of current legislation on nature reserves. \u0000After all, only a centralized management system of the relevant body will help maintain compliance with the legal regime in these areas and optimize the activities of national nature parks.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125541796","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 : 2020-11-30DOI: 10.15330/apiclu.54.45-55
D. Polnyi
The article deals with the unilateral refusal of a lease agreement as a way of self-defence of the tenant's and landlord's rights. The author expresses an opinion that unilateral refusal of a lease agreement by the tenant or landlord in cases provided by law or the agreement itself as a consequence of violation of the terms of a lease agreement should be considered is a sanction for illegal behavior of the parties of the agreement. The author notes that unilateral refusal of a lease agreement in case of breaching the agreement by the other party should not be equated to termination of a lease agreement at the request of one of the parties. They are independent grounds for termination of the agreement, which are characterized by a different mechanism of implementation, for example, the termination of a lease agreement at the request of one of the parties is always carried out in court. The analysis of case law shows that in order to be able unilaterally refuse from the lease agreement, when concluding an agreement it is necessary to state with a due precision the grounds for unilateral refusal for each party to the agreement. The author draws the conclusion that the simplified mechanism of unilateral refusal of a lease agreement should include two general stages: the emergence of grounds for unilateral refusal, and proper notification of the other party about the refusal of the agreement.
{"title":"Unilateral Refusal Of A Lease Agreement: Theoretical And Practical Aspects","authors":"D. Polnyi","doi":"10.15330/apiclu.54.45-55","DOIUrl":"https://doi.org/10.15330/apiclu.54.45-55","url":null,"abstract":"The article deals with the unilateral refusal of a lease agreement as a way of self-defence of the tenant's and landlord's rights. The author expresses an opinion that unilateral refusal of a lease agreement by the tenant or landlord in cases provided by law or the agreement itself as a consequence of violation of the terms of a lease agreement should be considered is a sanction for illegal behavior of the parties of the agreement. \u0000The author notes that unilateral refusal of a lease agreement in case of breaching the agreement by the other party should not be equated to termination of a lease agreement at the request of one of the parties. They are independent grounds for termination of the agreement, which are characterized by a different mechanism of implementation, for example, the termination of a lease agreement at the request of one of the parties is always carried out in court. \u0000The analysis of case law shows that in order to be able unilaterally refuse from the lease agreement, when concluding an agreement it is necessary to state with a due precision the grounds for unilateral refusal for each party to the agreement. \u0000The author draws the conclusion that the simplified mechanism of unilateral refusal of a lease agreement should include two general stages: the emergence of grounds for unilateral refusal, and proper notification of the other party about the refusal of the agreement.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128025729","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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