Pub Date : 2019-08-06DOI: 10.15330/apiclu.51.195-205
V. Shpiliarevych
The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security measures, play an important role in ensuring the protection of a person's interests against internal and external threats. In particular, criminal-law security measures should be understood as a variety of measures of criminal nature, provided by the Criminal Code of Ukraine, which appliedn to a person, which is in «dangerous state», on behalf of the state on by reasonable court decision, in order to prevent the re-committing of a socially dangerous act, which predicted by the Special Part of the Criminal Code of Ukraine. From a criminal procedural point of view, security measures (measures to ensure the safety of participants in criminal proceedings) - is the implementation of legal, organizational, technical and other measures aimed to protect life, health, housing, property, honor and dignity of a person against unlawful attacks, in order to create the necessary conditions for the proper administration of justice. As a conclusion, the author states that the security measures existing in the criminal law of Ukraine differ from the security measures of criminal procedural character, by its nature, system, subjects to which such measures are applied, the purposes and aims of its application.
{"title":"Security Measures In Ukraine’ Criminal And Criminal Procedure Law","authors":"V. Shpiliarevych","doi":"10.15330/apiclu.51.195-205","DOIUrl":"https://doi.org/10.15330/apiclu.51.195-205","url":null,"abstract":"The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security measures, play an important role in ensuring the protection of a person's interests against internal and external threats. \u0000In particular, criminal-law security measures should be understood as a variety of measures of criminal nature, provided by the Criminal Code of Ukraine, which appliedn to a person, which is in «dangerous state», on behalf of the state on by reasonable court decision, in order to prevent the re-committing of a socially dangerous act, which predicted by the Special Part of the Criminal Code of Ukraine. \u0000From a criminal procedural point of view, security measures (measures to ensure the safety of participants in criminal proceedings) - is the implementation of legal, organizational, technical and other measures aimed to protect life, health, housing, property, honor and dignity of a person against unlawful attacks, in order to create the necessary conditions for the proper administration of justice. \u0000As a conclusion, the author states that the security measures existing in the criminal law of Ukraine differ from the security measures of criminal procedural character, by its nature, system, subjects to which such measures are applied, the purposes and aims of its application.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125491246","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 scientific article is devoted to the study of the state of legal regulation of consumer protection under distance contracts in Ukraine and its compliance with EU law. At the same time, the author analyzes the international legal documents, the current legislation of Ukraine and the views of other researchers of this problem. The author has identified a number of shortcomings in the legal regulation of consumer protection under distance contracts in Ukrainian legislation. In particular, the Law of Ukraine «On E-commerce» obscures the requirements for an online store, which are actually dealt with by buyers (potential buyers). The main disadvantage is that an online store is recognized as a means of presenting or selling a product, work or service through an electronic transaction and not as a party to an e-commerce relationship with the obligation to provide relevant information. The problems of concluding and executing electronic transactions are also considered. Attention is drawn to the fact that the dispositive wording of the essential terms of electronic transaction in domestic law does not comply with the Directive 2000/31 / EC on e-commerce. This inconsistency can be remedied by imposing a mandatory information requirement to be provided by the service provider to the recipient in accordance with the Directive, rather than a dispositive list of electronic contract requirements. Progressive and in line with EU law is the provision of the Law on e-Commerce of Ukraine, which prohibits the use and demand of personal data by parties to an electronic transaction for a purpose other than committing the transaction. It is concluded that the creation and implementation of an effective system of consumer protection in Ukraine based on EU law is possible only through the interaction of all components of the system of consumer protection.
{"title":"Harmonization Of Private Law In The Field Of Consumer Protection Under Remote Contracts","authors":"I. Banasevych","doi":"10.15330/apiclu.51.3-14","DOIUrl":"https://doi.org/10.15330/apiclu.51.3-14","url":null,"abstract":"The scientific article is devoted to the study of the state of legal regulation of consumer protection under distance contracts in Ukraine and its compliance with EU law. At the same time, the author analyzes the international legal documents, the current legislation of Ukraine and the views of other researchers of this problem. The author has identified a number of shortcomings in the legal regulation of consumer protection under distance contracts in Ukrainian legislation. \u0000In particular, the Law of Ukraine «On E-commerce» obscures the requirements for an online store, which are actually dealt with by buyers (potential buyers). The main disadvantage is that an online store is recognized as a means of presenting or selling a product, work or service through an electronic transaction and not as a party to an e-commerce relationship with the obligation to provide relevant information. The problems of concluding and executing electronic transactions are also considered. Attention is drawn to the fact that the dispositive wording of the essential terms of electronic transaction in domestic law does not comply with the Directive 2000/31 / EC on e-commerce. This inconsistency can be remedied by imposing a mandatory information requirement to be provided by the service provider to the recipient in accordance with the Directive, rather than a dispositive list of electronic contract requirements. \u0000Progressive and in line with EU law is the provision of the Law on e-Commerce of Ukraine, which prohibits the use and demand of personal data by parties to an electronic transaction for a purpose other than committing the transaction. \u0000It is concluded that the creation and implementation of an effective system of consumer protection in Ukraine based on EU law is possible only through the interaction of all components of the system of consumer protection.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114679872","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 : 2019-08-06DOI: 10.15330/apiclu.51.99-110
Z. Yaremak
The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation. On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content. On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section. The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.
{"title":"The Institute Decision Of Land Disputes In The System Of The Land Law","authors":"Z. Yaremak","doi":"10.15330/apiclu.51.99-110","DOIUrl":"https://doi.org/10.15330/apiclu.51.99-110","url":null,"abstract":"The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation. \u0000On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content. \u0000On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section. \u0000The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130176856","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 : 2019-08-06DOI: 10.15330/apiclu.51.14-22
M. O. Bohatchuk
The article reveals the concepts and features of science parks as participants in civil legal relationships according to Ukrainian legal system. The article presents Ukrainian scientists who study the problems of functioning of scientific parks in the system of civil legal relations. The set of general theoretical concepts of understanding of the science park in Ukraine is also given in the article. The conclusion of the concept is summarized in the research and the science park is defined. The author proposes the following recognition of the concept that is studied: a science park is a legal entity created at the initiative of a higher education institution, a scientific institution and / or a partner of a science park by pooling contributions from founders to organize, coordinate, control the process of designing and executing science park projects. Particular attention is paid by author to the diversity of approaches to understanding the concept of science parks and the specific features of science parks. The researcher investigates the characteristics of the above legal entity in the legislation of Ukraine, as well as characterizes each of the features. The concept of understanding the science park as an entrepreneurial entity is also outlined in the research. The author is making a conclusion that these features according to Ukrainian law are: creation and registration in accordance with the procedure established by law; the ability to have civil rights and legal capacity; the right to be a plaintiff and defendant in court; the presence of organizational unity the opportunity to be independently responsible for property; the ability to speak on your own behalf in a civil circulation.
{"title":"Concept And Features Of A Science Park: General Theoretical Approaches","authors":"M. O. Bohatchuk","doi":"10.15330/apiclu.51.14-22","DOIUrl":"https://doi.org/10.15330/apiclu.51.14-22","url":null,"abstract":"The article reveals the concepts and features of science parks as participants in civil legal relationships according to Ukrainian legal system. The article presents Ukrainian scientists who study the problems of functioning of scientific parks in the system of civil legal relations. The set of general theoretical concepts of understanding of the science park in Ukraine is also given in the article. The conclusion of the concept is summarized in the research and the science park is defined. The author proposes the following recognition of the concept that is studied: a science park is a legal entity created at the initiative of a higher education institution, a scientific institution and / or a partner of a science park by pooling contributions from founders to organize, coordinate, control the process of designing and executing science park projects. Particular attention is paid by author to the diversity of approaches to understanding the concept of science parks and the specific features of science parks. The researcher investigates the characteristics of the above legal entity in the legislation of Ukraine, as well as characterizes each of the features. The concept of understanding the science park as an entrepreneurial entity is also outlined in the research. The author is making a conclusion that these features according to Ukrainian law are: creation and registration in accordance with the procedure established by law; the ability to have civil rights and legal capacity; the right to be a plaintiff and defendant in court; the presence of organizational unity the opportunity to be independently responsible for property; the ability to speak on your own behalf in a civil circulation.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130543546","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 : 2019-08-06DOI: 10.15330/apiclu.51.76-87
O. Kuzmych
The article is devoted to the development of one of the scientific criteria that can be taken as a basis for the identification of third parties in civil legal relations, namely the participants (subjects) of civil legal relations. The article analyzes doctrinal studies on the problem of understanding the content of such concepts as the participant of civil relations, the subject of civil legal relations, the subject of civil rights. In particular, participants in civil relations are individuals and legal entities, as well as other public entities referred to in Art. 2 of the Civil Code of Ukraine, which having civil capacity and capacity can participate in civil legal relations. At the same time, the subjects of civil legal relations are the participants, whose circle is defined in Art. 2 of the Civil Code of Ukraine, which, in the presence of appropriate prerequisites, have already entered into appropriate civil legal relations. Therefore, having entered into the relevant legal relationship participants, the circle of which is defined in Art. 2 of the Civil Code of Ukraine can become one of the subjects of the legal relationship, which is taken as the basis, and a third person. Particular attention is paid to the relation between such concepts as the subject of civil legal relations and the subject of civil rights. The parties to the civil relationship are a variety of subjects. parties to civil legal relations are subjects of binding legal relations with mutual subjective rights and obligations. As concepts of «party to civil relations», «subjects of civil legal relations», «subjects of civil rights» in relation to the meaning of the concept of «third person» have a general character. In particular, as a third party are the participants whose circle is defined in Art. 2 of the Civil Code of Ukraine, which have already entered into the relevant civil legal relations, and as a consequence, possess the characteristics characteristic of such persons.
{"title":"Participants (Subjects) Of Civil Legal Relations As One Of The Criteria For The Identification Of Third Parties","authors":"O. Kuzmych","doi":"10.15330/apiclu.51.76-87","DOIUrl":"https://doi.org/10.15330/apiclu.51.76-87","url":null,"abstract":"The article is devoted to the development of one of the scientific criteria that can be taken as a basis for the identification of third parties in civil legal relations, namely the participants (subjects) of civil legal relations. The article analyzes doctrinal studies on the problem of understanding the content of such concepts as the participant of civil relations, the subject of civil legal relations, the subject of civil rights. In particular, participants in civil relations are individuals and legal entities, as well as other public entities referred to in Art. 2 of the Civil Code of Ukraine, which having civil capacity and capacity can participate in civil legal relations. At the same time, the subjects of civil legal relations are the participants, whose circle is defined in Art. 2 of the Civil Code of Ukraine, which, in the presence of appropriate prerequisites, have already entered into appropriate civil legal relations. Therefore, having entered into the relevant legal relationship participants, the circle of which is defined in Art. 2 of the Civil Code of Ukraine can become one of the subjects of the legal relationship, which is taken as the basis, and a third person. Particular attention is paid to the relation between such concepts as the subject of civil legal relations and the subject of civil rights. The parties to the civil relationship are a variety of subjects. parties to civil legal relations are subjects of binding legal relations with mutual subjective rights and obligations. As concepts of «party to civil relations», «subjects of civil legal relations», «subjects of civil rights» in relation to the meaning of the concept of «third person» have a general character. In particular, as a third party are the participants whose circle is defined in Art. 2 of the Civil Code of Ukraine, which have already entered into the relevant civil legal relations, and as a consequence, possess the characteristics characteristic of such persons.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"9 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121763170","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 : 2019-08-06DOI: 10.15330/apiclu.51.177-185
O.Yu. Petechel
The article is devoted to the study of one type of bulling - cyberbullying. The author analyzes the concepts and features of cyberbullying. The author individually distinguishes the features contributing to cyberbullying, in particular, the distance (there is no direct contact with the victim); anonymity (ability of the bully (aggressor) to protect himself from identification); prevalence (the ability to reach a large audience in the hiring process); support (the ability to involve an unlimited range of bullies in the hatching process); persistence (cyberbullying does not depend on the time and location of the bully (the aggressor) and his victim, no need for eye-to-eye contact); equality (absence of a bully (aggressor) need to take precedence in strength, social status, financial status, etc.). Features of cyberbullying include changes in behavioral and emotional state during or after use of mobile phone or other Internet-access devices; hiding certain facts of one’s online communication; avoiding school or friendly meetings; occurrence of unmotivated anger at home, destructive relationships with parents or teachers; change in mood, behavior, sleep or appetite; desire to stop using one’s PC or mobile phone; avoid talking about one’s PC or mobile phone activity; impaired learning; suicide attempts. The article deals with the classification of types of cyberbullying, where the following are separately distinguished: trolling, happy-sloping, flamingos, attacks, slander, defamation, impersonalization, fraud, alienation, cyber-harassment, sexual assault. The author identifies the reasons that contribute to the spread of this negative phenomenon. In addition, special attention is paid to the prevention of cyberbullying, where among the main are the education of cyber literacy, direct communication and interest in the life of the child, spending more time with the child, demonstrating the benefits of real communication over virtual.
{"title":"Some Issues Of The Criminological Characterization Of Female Aggressive Crime","authors":"O.Yu. Petechel","doi":"10.15330/apiclu.51.177-185","DOIUrl":"https://doi.org/10.15330/apiclu.51.177-185","url":null,"abstract":"The article is devoted to the study of one type of bulling - cyberbullying. The author analyzes the concepts and features of cyberbullying. The author individually distinguishes the features contributing to cyberbullying, in particular, the distance (there is no direct contact with the victim); anonymity (ability of the bully (aggressor) to protect himself from identification); prevalence (the ability to reach a large audience in the hiring process); support (the ability to involve an unlimited range of bullies in the hatching process); persistence (cyberbullying does not depend on the time and location of the bully (the aggressor) and his victim, no need for eye-to-eye contact); equality (absence of a bully (aggressor) need to take precedence in strength, social status, financial status, etc.). \u0000Features of cyberbullying include changes in behavioral and emotional state during or after use of mobile phone or other Internet-access devices; hiding certain facts of one’s online communication; avoiding school or friendly meetings; occurrence of unmotivated anger at home, destructive relationships with parents or teachers; change in mood, behavior, sleep or appetite; desire to stop using one’s PC or mobile phone; avoid talking about one’s PC or mobile phone activity; impaired learning; suicide attempts. The article deals with the classification of types of cyberbullying, where the following are separately distinguished: trolling, happy-sloping, flamingos, attacks, slander, defamation, impersonalization, fraud, alienation, cyber-harassment, sexual assault. \u0000The author identifies the reasons that contribute to the spread of this negative phenomenon. In addition, special attention is paid to the prevention of cyberbullying, where among the main are the education of cyber literacy, direct communication and interest in the life of the child, spending more time with the child, demonstrating the benefits of real communication over virtual.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132539303","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 : 2019-08-06DOI: 10.15330/apiclu.51.65-76
O. M. Stratiuk
The article analyzes the scientific views on the concepts of «legal entity» and «corporation» formed in different legal systems, indicating either the identity of these concepts, or their heterogeneity by deducing a number of common and distinct features. Determined that in the Anglo-American legal system, the corporation is seen as a collective term, which should be understood by business associations and nonbusiness capital entities created to meet social objectives. It is proved that in EU law the concept of «corporation» is not identical with that of a legal entity, although a considerable number of types of legal entities are proposed to be included in the list of legal entities. In the countries of the continental legal system (France, Germany, Switzerland, Russia, Ukraine, etc.) the term «corporation» is rarely used in the law. This concept is used mainly in literary sources. Corporations include: various types of companies (full and limited partnerships, joint stock companies and other companies, members of which are limited liability for the obligations of the company), business associations (groups, trade unions, holdings, etc.), cooperatives, leases and state-owned enterprises, as well as various non-economic unions and associations. The main difference between the range of legal entities in the Anglo-American and Continental legal families is that in the first case, the terms «legal entity» and «corporation» are correlated as interchangeable concepts, and in the other case, the possibility of correlation between the concepts of «legal entity» and «corporation» depends on the approach of the legislation of the country to the definition of their organizational and legal forms and the formation in the scientific circles of the criteria for their separation or integration into one or another concept, or the introduction of this concept into the existing legislation of the EU country with a clear list of organizational and legal forms. Therefore, every legal family has their own approaches to the concept of «corporation».
{"title":"Theoretical And Legal Approaches To The Concept Of «Corporation» In Legal Families","authors":"O. M. Stratiuk","doi":"10.15330/apiclu.51.65-76","DOIUrl":"https://doi.org/10.15330/apiclu.51.65-76","url":null,"abstract":"The article analyzes the scientific views on the concepts of «legal entity» and «corporation» formed in different legal systems, indicating either the identity of these concepts, or their heterogeneity by deducing a number of common and distinct features. Determined that in the Anglo-American legal system, the corporation is seen as a collective term, which should be understood by business associations and nonbusiness capital entities created to meet social objectives. It is proved that in EU law the concept of «corporation» is not identical with that of a legal entity, although a considerable number of types of legal entities are proposed to be included in the list of legal entities. \u0000In the countries of the continental legal system (France, Germany, Switzerland, Russia, Ukraine, etc.) the term «corporation» is rarely used in the law. This concept is used mainly in literary sources. Corporations include: various types of companies (full and limited partnerships, joint stock companies and other companies, members of which are limited liability for the obligations of the company), business associations (groups, trade unions, holdings, etc.), cooperatives, leases and state-owned enterprises, as well as various non-economic unions and associations. \u0000The main difference between the range of legal entities in the Anglo-American and Continental legal families is that in the first case, the terms «legal entity» and «corporation» are correlated as interchangeable concepts, and in the other case, the possibility of correlation between the concepts of «legal entity» and «corporation» depends on the approach of the legislation of the country to the definition of their organizational and legal forms and the formation in the scientific circles of the criteria for their separation or integration into one or another concept, or the introduction of this concept into the existing legislation of the EU country with a clear list of organizational and legal forms. Therefore, every legal family has their own approaches to the concept of «corporation».","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125329733","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 : 2019-08-06DOI: 10.15330/apiclu.51.111-118
T. V. Zbyrak
The article is devoted to the analysis of legal guarantees of media independence in Ukraine and the European Union. The author believes that safeguards are a set of objective and subjective factors aimed at the practical protection of human rights and freedoms, to eliminate any obstacles to their full and proper implementation. The main purpose of the safeguards is to create the necessary conditions for the transformation of the rights and freedoms enshrined in the law from possibilities into reality. It has been established that press freedom should be regarded as a guaranteed right or a guaranteed opportunity to freely establish, publish, edit, read, distribute, publish, publish and publish print media of your choice. The author substantiates the division of guarantees of media independence into normative, institutional (organizational) and procedural immunity as a kind of guarantees of media activity. Legal safeguards include a set of legal norms that ensure the realization and protection of a set of rights that are included in the notion of media freedom. Constitutional guarantees of media freedom are an integral feature of a democratic media system. Guarantees of independence of the broadcasting regulatory bodies are provided first and foremost by the system of their formation. The author has determined that additional measures are necessary to eliminate the restrictions that impede the strengthening and development of the information industry, its infrastructure, providing real support to the activities of journalists and providing specific rules for their protection, expanding the possibilities for access of citizens through this network to information submitted in foreign printed media. media, etc. The guarantee of media independence is also the establishment of disciplinary, civil, administrative or criminal liability.
{"title":"Legal Guarantees Of Media Independence In Ukraine And The European Union","authors":"T. V. Zbyrak","doi":"10.15330/apiclu.51.111-118","DOIUrl":"https://doi.org/10.15330/apiclu.51.111-118","url":null,"abstract":"The article is devoted to the analysis of legal guarantees of media independence in Ukraine and the European Union. The author believes that safeguards are a set of objective and subjective factors aimed at the practical protection of human rights and freedoms, to eliminate any obstacles to their full and proper implementation. The main purpose of the safeguards is to create the necessary conditions for the transformation of the rights and freedoms enshrined in the law from possibilities into reality. \u0000It has been established that press freedom should be regarded as a guaranteed right or a guaranteed opportunity to freely establish, publish, edit, read, distribute, publish, publish and publish print media of your choice. \u0000The author substantiates the division of guarantees of media independence into normative, institutional (organizational) and procedural immunity as a kind of guarantees of media activity. Legal safeguards include a set of legal norms that ensure the realization and protection of a set of rights that are included in the notion of media freedom. Constitutional guarantees of media freedom are an integral feature of a democratic media system. Guarantees of independence of the broadcasting regulatory bodies are provided first and foremost by the system of their formation. \u0000The author has determined that additional measures are necessary to eliminate the restrictions that impede the strengthening and development of the information industry, its infrastructure, providing real support to the activities of journalists and providing specific rules for their protection, expanding the possibilities for access of citizens through this network to information submitted in foreign printed media. media, etc. The guarantee of media independence is also the establishment of disciplinary, civil, administrative or criminal liability.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130010180","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 : 2019-08-06DOI: 10.15330/apiclu.51.185-195
V. Rozvadovskyi
The article explores the features of the legal status of a translator in the constitutional proceedings of Ukraine, Lithuania and Germany. According to the author, for the participation of the translator in the process, the initiative of a person who does not speak the language of legal proceedings is necessary. In this regard, we should agree with the proposal of scientists on the need to clarify the relevant provisions of the procedural law. We believe that translators play a key role in establishing language contacts and relations between participants in legal proceedings. Without a translator, it is impossible to carry out preparatory and judicial actions, as well as protect the rights and freedoms of a person and a citizen in cases where one of the participants in the process does not speak or does not speak the state language enough. Consequently, the participation of the translator in the process is a guarantee of ensuring the right to judicial protection to persons participating in the case and do not speak or do not speak the state language. That is why the procedural procedure for the participation of translators in production requires improvement. Therefore, it is necessary to solve a number of issues: the possibility of conducting the process in a foreign language, if all persons involved in the case do not know the language of the proceedings, the procedure for finding a translator (who should search, in what time frame, etc.), the feasibility of involving the case file diploma translator and the like. In accordance with the norms of national legislation, the translator is obliged to carry out a full and correct translation, to assure the correctness of the translation with his signature in the procedural documents. So we can conclude that the duty of the translator is the integrity and responsibility in relation to the materials provided to him. We can conditionally distinguish two forms of translation used by the translator in production - this is written and oral. Interpretation is used during procedural actions, when communicating with a person who does not speak the language of legal proceedings. Unlike Ukraine, in Lithuania, the conduct of business involving legal entities and individuals of the Republic of Lithuania is carried out in the state language. A translation into one or more languages may be added to them. The conduct of business with individuals and legal entities of foreign states should be carried out in the state language and in another language acceptable to both parties. If you compare the legislation of Ukraine and Germany in the context of the legal status of the translator, it should be noted that under German law there are two types of translators: interpreter and official translator.
{"title":"Translator In The Constitutional Proceedings Of Ukraine, Lithuania And Germany: A Comparative Study","authors":"V. Rozvadovskyi","doi":"10.15330/apiclu.51.185-195","DOIUrl":"https://doi.org/10.15330/apiclu.51.185-195","url":null,"abstract":"The article explores the features of the legal status of a translator in the constitutional proceedings of Ukraine, Lithuania and Germany. \u0000According to the author, for the participation of the translator in the process, the initiative of a person who does not speak the language of legal proceedings is necessary. In this regard, we should agree with the proposal of scientists on the need to clarify the relevant provisions of the procedural law. \u0000We believe that translators play a key role in establishing language contacts and relations between participants in legal proceedings. Without a translator, it is impossible to carry out preparatory and judicial actions, as well as protect the rights and freedoms of a person and a citizen in cases where one of the participants in the process does not speak or does not speak the state language enough. \u0000Consequently, the participation of the translator in the process is a guarantee of ensuring the right to judicial protection to persons participating in the case and do not speak or do not speak the state language. That is why the procedural procedure for the participation of translators in production requires improvement. Therefore, it is necessary to solve a number of issues: the possibility of conducting the process in a foreign language, if all persons involved in the case do not know the language of the proceedings, the procedure for finding a translator (who should search, in what time frame, etc.), the feasibility of involving the case file diploma translator and the like. \u0000In accordance with the norms of national legislation, the translator is obliged to carry out a full and correct translation, to assure the correctness of the translation with his signature in the procedural documents. So we can conclude that the duty of the translator is the integrity and responsibility in relation to the materials provided to him. We can conditionally distinguish two forms of translation used by the translator in production - this is written and oral. Interpretation is used during procedural actions, when communicating with a person who does not speak the language of legal proceedings. \u0000Unlike Ukraine, in Lithuania, the conduct of business involving legal entities and individuals of the Republic of Lithuania is carried out in the state language. A translation into one or more languages may be added to them. The conduct of business with individuals and legal entities of foreign states should be carried out in the state language and in another language acceptable to both parties. If you compare the legislation of Ukraine and Germany in the context of the legal status of the translator, it should be noted that under German law there are two types of translators: interpreter and official translator.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116869627","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 : 2019-08-06DOI: 10.15330/apiclu.51.33-39
I.Ya. Kostiv
Agricultural production is an activity characterized by a high degree of risk. First of all it is caused by unpredictability of weather conditions and natural disasters. In addition, armed conflict in eastern Ukraine, annexation of the Crimea, strikes, industrial accidents - all these conditions affect the quantity and quality of products, as well as the timing of fulfillment of obligations. Therefore, the topic of force majeure is extremely relevant to agricultural producers, as a basis for exemption from liability for failure or improper performance of the contract. The onset of force majeure is the basis for the release of the guilty person from responsibility for non-fulfillment (breach) of its contractual obligation, tract, agreement. At the same time, the onset of force majeure must be duly certified (verified) in accordance with compliance with the provisions of the current legislation of Ukraine and the terms of the agreement thief, as one party to the contract may require the other payment of penalties (in case of improperly confirmed-whether or not confirmation of the occurrence of force majeure). List of circumstances of force majeure and their order confirmation is agreed by the parties directly in the contractri. Often the parties assume that the evidence of force majeure The Chamber of Commerce and Industry of Ukraine implements the most serious circumstances The article is dedicated to understanding “force majeure” and “excessive power” as well as to the specificities of the contract for the contractual contract for the nonnegotiable settlement of the contract. Therefore, in order to prevent the parties to the contractual contraction from possible negative situations in the future, it is necessary to determine from the outset what the circumstances will be considered as force majeure, what will confirm the occurrence of such circumstance, the timing of notification of the other party about such circumstances, etc.
{"title":"Force Majeure For Contract Agreement","authors":"I.Ya. Kostiv","doi":"10.15330/apiclu.51.33-39","DOIUrl":"https://doi.org/10.15330/apiclu.51.33-39","url":null,"abstract":"Agricultural production is an activity characterized by a high degree of risk. First of all it is caused by unpredictability of weather conditions and natural disasters. In addition, armed conflict in eastern Ukraine, annexation of the Crimea, strikes, industrial accidents - all these conditions affect the quantity and quality of products, as well as the timing of fulfillment of obligations. \u0000Therefore, the topic of force majeure is extremely relevant to agricultural producers, as a basis for exemption from liability for failure or improper performance of the contract. \u0000The onset of force majeure is the basis for the release of the guilty person from responsibility for non-fulfillment (breach) of its contractual obligation, tract, agreement. At the same time, the onset of force majeure must be duly certified (verified) in accordance with compliance with the provisions of the current legislation of Ukraine and the terms of the agreement thief, as one party to the contract may require the other payment of penalties (in case of improperly confirmed-whether or not confirmation of the occurrence of force majeure). List of circumstances of force majeure and their order confirmation is agreed by the parties directly in the contractri. Often the parties assume that the evidence of force majeure The Chamber of Commerce and Industry of Ukraine implements the most serious circumstances \u0000The article is dedicated to understanding “force majeure” and “excessive power” as well as to the specificities of the contract for the contractual contract for the nonnegotiable settlement of the contract. \u0000Therefore, in order to prevent the parties to the contractual contraction from possible negative situations in the future, it is necessary to determine from the outset what the circumstances will be considered as force majeure, what will confirm the occurrence of such circumstance, the timing of notification of the other party about such circumstances, etc.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124654621","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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