Pub Date : 2024-05-11DOI: 10.24144/2788-6018.2024.02.123
M. Gudyma
A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.
{"title":"Independence of judges as a constitutional principle and deontological basis of the judicial profession","authors":"M. Gudyma","doi":"10.24144/2788-6018.2024.02.123","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.123","url":null,"abstract":"A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. \u0000Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. \u0000Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. \u0000After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"101 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987215","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.71
A. Hachkevych
Implementation of Singapore's Smart Nation program led to the emergence of a number of initiatives on the introduction of artificial intelligence technologies in different areas. One such initiative was the adoption of National AI Strategy. Executive authorities have shaped the policy and rules for the formation and use of artificial intelligence for the period from 2018 to the present day against the legislative background. Its high efficiency has been confirming by the creation of favorable conditions in Singapore for both technological advancements and ensuring the public safety. This article presents the author's vision of the Singapore administrative principles in the field of AI, at the base of which lies the concept of balance between promoting technological and business innovations on the one hand, on the other hand is the protection of citizens' interests. Innovative tools for the support of the introduction of artificial intelligence in the forms of soft law acts adopted by Infocomm Media Development Authority, Personal Data Protection Committee, Monetary Authority of Singapore and Ministry of Health are highlighted. Those include general and specific. Special attention is given to Model AI Governance Framework, which have been praised by the international expert community. The author examines the institutional infrastructure of the public administration in the field of artificial intelligence that goes beyond the Ministry of Communications and Information. He provides examples of the projects fulfilled for the national AI strategies implementation (AI Verify, Veritas, 100E). This article determines features of organizational and legal support for the introduction of artificial intelligence in Singapore that distinguish it from other world leaders. The author makes an attempt to conceptualize the set of rules for the formation and use of artificial intelligence technologies. It reflects the trends of Singapore's AI policy. The author concludes that certain types of AI technologies, for example, generative AI and continuous-learning, have become separate objects of "soft-law" regulation. Two approaches to the scope of the AI-related recommendations are distinguished - for the field of AI in general covering all the areas and for developed areas of AI application (healthcare and finance).
{"title":"Organizational and Legal Support for the Introduction of Artificial Intelligence in Singapore","authors":"A. Hachkevych","doi":"10.24144/2788-6018.2024.02.71","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.71","url":null,"abstract":"Implementation of Singapore's Smart Nation program led to the emergence of a number of initiatives on the introduction of artificial intelligence technologies in different areas. One such initiative was the adoption of National AI Strategy. Executive authorities have shaped the policy and rules for the formation and use of artificial intelligence for the period from 2018 to the present day against the legislative background. Its high efficiency has been confirming by the creation of favorable conditions in Singapore for both technological advancements and ensuring the public safety. This article presents the author's vision of the Singapore administrative principles in the field of AI, at the base of which lies the concept of balance between promoting technological and business innovations on the one hand, on the other hand is the protection of citizens' interests. Innovative tools for the support of the introduction of artificial intelligence in the forms of soft law acts adopted by Infocomm Media Development Authority, Personal Data Protection Committee, Monetary Authority of Singapore and Ministry of Health are highlighted. Those include general and specific. Special attention is given to Model AI Governance Framework, which have been praised by the international expert community. The author examines the institutional infrastructure of the public administration in the field of artificial intelligence that goes beyond the Ministry of Communications and Information. He provides examples of the projects fulfilled for the national AI strategies implementation (AI Verify, Veritas, 100E). This article determines features of organizational and legal support for the introduction of artificial intelligence in Singapore that distinguish it from other world leaders. The author makes an attempt to conceptualize the set of rules for the formation and use of artificial intelligence technologies. It reflects the trends of Singapore's AI policy. The author concludes that certain types of AI technologies, for example, generative AI and continuous-learning, have become separate objects of \"soft-law\" regulation. Two approaches to the scope of the AI-related recommendations are distinguished - for the field of AI in general covering all the areas and for developed areas of AI application (healthcare and finance).","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"111 41","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987754","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.7
A. Melnyk
The article examines the peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia during the interwar period. The ideas and specifics of the views of Ukrainian thinkers who formed and developed Ukrainian nationalist thought are considered. It is shown that the struggle of Ukrainian nationalists was aimed at realizing the natural right of the Ukrainian people to self-determination. It is emphasized that it was extremely difficult for Ukrainians to achieve this in practice, because the process of annexation of Western Ukrainian lands was accompanied by a violation of fundamental international obligations of Poland and its current legislation, which were a prerequisite for the consent of the victorious states to temporary (1919) and permanent, with the rights of autonomy (1923) inclusion of Western Ukrainian lands into the Second Polish-Lithuanian Commonwealth. It is emphasized that in the 20s, the occupation government began mass polonization in Galicia, which consisted in the artificial colonization of Ukrainian ethnic lands by the Polish population, significant restrictions on Ukrainians in obtaining school education in their native language, persecution of organized public life, etc. The apogee was the so-called pacification, a punitive action to "pacify” Ukrainians, which was carried out from September 16 to November 30, 1930. It was established that repression and mass terror caused acute forms of confrontation in society, which should be considered as an adequate response of Ukrainian nationalists to the efforts of the authorities to oppress the Ukrainian population with violent methods. It is argued that a new stage in the development of Ukrainian political and legal thought of a nationalist direction is largely connected with the figure of Dmytro Dontsov, who formed the basic principles of education of the national elite, defense of national interests and development of national ideology. It has been proven that in the interwar period, nationalist ideas in Galicia penetrated into the popular masses, mastered them and thus significantly changed the character of the Ukrainian people.
{"title":"Peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia in the interwar period (1919-1939) of the 20th century","authors":"A. Melnyk","doi":"10.24144/2788-6018.2024.02.7","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.7","url":null,"abstract":"The article examines the peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia during the interwar period. The ideas and specifics of the views of Ukrainian thinkers who formed and developed Ukrainian nationalist thought are considered. It is shown that the struggle of Ukrainian nationalists was aimed at realizing the natural right of the Ukrainian people to self-determination. It is emphasized that it was extremely difficult for Ukrainians to achieve this in practice, because the process of annexation of Western Ukrainian lands was accompanied by a violation of fundamental international obligations of Poland and its current legislation, which were a prerequisite for the consent of the victorious states to temporary (1919) and permanent, with the rights of autonomy (1923) inclusion of Western Ukrainian lands into the Second Polish-Lithuanian Commonwealth. \u0000It is emphasized that in the 20s, the occupation government began mass polonization in Galicia, which consisted in the artificial colonization of Ukrainian ethnic lands by the Polish population, significant restrictions on Ukrainians in obtaining school education in their native language, persecution of organized public life, etc. The apogee was the so-called pacification, a punitive action to \"pacify” Ukrainians, which was carried out from September 16 to November 30, 1930. It was established that repression and mass terror caused acute forms of confrontation in society, which should be considered as an adequate response of Ukrainian nationalists to the efforts of the authorities to oppress the Ukrainian population with violent methods. \u0000It is argued that a new stage in the development of Ukrainian political and legal thought of a nationalist direction is largely connected with the figure of Dmytro Dontsov, who formed the basic principles of education of the national elite, defense of national interests and development of national ideology. It has been proven that in the interwar period, nationalist ideas in Galicia penetrated into the popular masses, mastered them and thus significantly changed the character of the Ukrainian people.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"124 47","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987528","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.72
Y. Demianchuk, A.O. Voitsitskyi, O.Y. Heliver, V.V. Marchuk, N.V. Savchynska
Currently, Ukraine reflects aspects for various areas of the social environment. Due to this, in its history, it is certainly appropriate to find different directions of models for fighting corruption. Addressing the historical period in Ukraine and the former USSR, it is expedient to highlight several such main aspects. This model of the fight against corruption is aimed at control by the nationality of the state over the behavior of individuals and response to deviations from the norms that they influence. This model was more appropriate in the era of „Stalinism". In order to overcome the fight against corruption, during the study of the educational normative discipline „International public law and protection of human rights", the rights of the individual are violated, since totalitarianism is directed incompatible with their emergence. After all, such expediency of referral has positive features: it is aimed at the study of the educational normative discipline „International public law and protection of human rights", the close interaction between the level of authority of a person and the degree of referral. To be brought to administrative responsibility and bear - increases for persons who are closer to the top of power during the study of the educational normative discipline „International public law and protection of human rights" - the closer to the top, the greater the risk. In other words, the direction of the principle of implementation of responsibility: „top-down", which is an appropriate means of implementing any social justice. The study of the educational normative discipline „International public law and protection of human rights" also involves an authoritarian model of fighting corruption - the realization of individual responsibility, according to the directions of the „leading personality". For a long time, such persons were represented by party elites. This model was the basis during the times of Khrushchev and Brezhnev. It is appropriate to mention two more features during the study of the educational normative discipline „Public international law and protection of human rights", inherent in the model: firstly, the entry of an individual to the appropriate level of authority involves a legal aspect, secondly, funds in this model assume a secondary role or have no substance. The study of the educational normative discipline „Public international law and protection of human rights" provides a model of fighting corruption, motivates the desire to force into power structures for reasons of personal safety and impunity; therefore, it contains the doctrinal aspects of public power and its directed corruption of the individual as a whole. The educational normative discipline „International public law and protection of human rights" in the conditions of the liberal model of combating corruption provides for complete impunity and opportunity. Such directions are foreseen in periods of revolutionary aspects, when the newly cr
{"title":"Selected aspects of combating corruption during the study of the educational normative discipline \"International public law and protection of human rights\"","authors":"Y. Demianchuk, A.O. Voitsitskyi, O.Y. Heliver, V.V. Marchuk, N.V. Savchynska","doi":"10.24144/2788-6018.2024.02.72","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.72","url":null,"abstract":"Currently, Ukraine reflects aspects for various areas of the social environment. Due to this, in its history, it is certainly appropriate to find different directions of models for fighting corruption. Addressing the historical period in Ukraine and the former USSR, it is expedient to highlight several such main aspects. \u0000This model of the fight against corruption is aimed at control by the nationality of the state over the behavior of individuals and response to deviations from the norms that they influence. This model was more appropriate in the era of „Stalinism\". \u0000In order to overcome the fight against corruption, during the study of the educational normative discipline „International public law and protection of human rights\", the rights of the individual are violated, since totalitarianism is directed incompatible with their emergence. \u0000After all, such expediency of referral has positive features: it is aimed at the study of the educational normative discipline „International public law and protection of human rights\", the close interaction between the level of authority of a person and the degree of referral. To be brought to administrative responsibility and bear - increases for persons who are closer to the top of power during the study of the educational normative discipline „International public law and protection of human rights\" - the closer to the top, the greater the risk. In other words, the direction of the principle of implementation of responsibility: „top-down\", which is an appropriate means of implementing any social justice. \u0000The study of the educational normative discipline „International public law and protection of human rights\" also involves an authoritarian model of fighting corruption - the realization of individual responsibility, according to the directions of the „leading personality\". For a long time, such persons were represented by party elites. This model was the basis during the times of Khrushchev and Brezhnev. \u0000It is appropriate to mention two more features during the study of the educational normative discipline „Public international law and protection of human rights\", inherent in the model: firstly, the entry of an individual to the appropriate level of authority involves a legal aspect, secondly, funds in this model assume a secondary role or have no substance. \u0000The study of the educational normative discipline „Public international law and protection of human rights\" provides a model of fighting corruption, motivates the desire to force into power structures for reasons of personal safety and impunity; therefore, it contains the doctrinal aspects of public power and its directed corruption of the individual as a whole. \u0000The educational normative discipline „International public law and protection of human rights\" in the conditions of the liberal model of combating corruption provides for complete impunity and opportunity. Such directions are foreseen in periods of revolutionary aspects, when the newly cr","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"1 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988522","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.48
V. Vashkovych, V. Manzyuk, V. Zaborovskyy, Y.Y. Bysaga
This article is devoted to the disclosure of the meaning of informed consent in legal relations arising from the application of three-dimensional printed bioproducts, primarily through the prism of contract law. Within the framework of this article, the legal nature of 3D bioprinting and its role in the transformation and improvement of the modern health care system and the provision of medical care and medical services were investigated. The content and conditions that must be included in the informed consent are disclosed, in particular, information about information about: the device (will include information about the manufacturer and technical characteristics of the device); bioinks (in particular, the source of origin of the material, the pathological condition of the recipient, the biocompatibility of the material; further use of the material (when the identity of the patient and the donor match); the results of similar experimental studies; the implantation process; all possible conflicts of interest; as well as the condition of "minimum risks”, which will include expected results and side effects. Attention is focused on the fact that due to the benefits that additive technologies can bring to human life and health, issues of ethics and legislative regulation of this area must be resolved before the introduction of these technologies in the field of medicine. The role of contract law in the regulation of relations related to the use of three-dimensional printed bioproducts is analyzed, which will be important for determining the right of ownership and subjects of responsibility for damage that can be caused to a person. The latter can be regulated by a contract between the manufacturer and the medical institution, the software manufacturer and the owner of the 3D printer, etc., if they are performed by different entities under a separate contract. In order to achieve the goal, the work used methods characteristic of legal science. Among them are the dialectical method of learning the legal reality, the methods of analysis and synthesis, the system-structural method, the formal-logical method, which was used in the analysis of theoretical-legal developments and scientific research related to the most significant achievements in the field of three-dimensional printed bioproduction.
{"title":"Informed consent in the economic law field of additive manufacturing","authors":"V. Vashkovych, V. Manzyuk, V. Zaborovskyy, Y.Y. Bysaga","doi":"10.24144/2788-6018.2024.02.48","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.48","url":null,"abstract":"This article is devoted to the disclosure of the meaning of informed consent in legal relations arising from the application of three-dimensional printed bioproducts, primarily through the prism of contract law. \u0000Within the framework of this article, the legal nature of 3D bioprinting and its role in the transformation and improvement of the modern health care system and the provision of medical care and medical services were investigated. The content and conditions that must be included in the informed consent are disclosed, in particular, information about information about: the device (will include information about the manufacturer and technical characteristics of the device); bioinks (in particular, the source of origin of the material, the pathological condition of the recipient, the biocompatibility of the material; further use of the material (when the identity of the patient and the donor match); the results of similar experimental studies; the implantation process; all possible conflicts of interest; as well as the condition of \"minimum risks”, which will include expected results and side effects. \u0000Attention is focused on the fact that due to the benefits that additive technologies can bring to human life and health, issues of ethics and legislative regulation of this area must be resolved before the introduction of these technologies in the field of medicine. \u0000The role of contract law in the regulation of relations related to the use of three-dimensional printed bioproducts is analyzed, which will be important for determining the right of ownership and subjects of responsibility for damage that can be caused to a person. The latter can be regulated by a contract between the manufacturer and the medical institution, the software manufacturer and the owner of the 3D printer, etc., if they are performed by different entities under a separate contract. \u0000In order to achieve the goal, the work used methods characteristic of legal science. Among them are the dialectical method of learning the legal reality, the methods of analysis and synthesis, the system-structural method, the formal-logical method, which was used in the analysis of theoretical-legal developments and scientific research related to the most significant achievements in the field of three-dimensional printed bioproduction.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" July","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990030","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.10
V. Osaulenko
In the content of the article, the author revealed the relevance of scientific knowledge of judicial practice issues as a result of the implementation of law-making by the state through the relevant authorized subjects. It was noted that the participation of the state in law-making in the modern conditions of legal development in Ukraine is the subject of many discussions and discussions on the part of representatives of legal doctrine. However, the most controversial and ambiguous result of scientific research remains the question of the law-making role of judicial practice, the subject of which is generated exclusively by the subjects of the judicial system. The participation of the state in the formation and approval of the results of judicial practice is absolute and without alternatives, such powers cannot be delegated and cannot be waived. And therefore, this indicates the exclusive monopoly of the state on the formation of judicial practice, granting it a law-making status, ensuring its renewal and monitoring its implementation. In connection with this, in the cognitive plan, the question of the peculiarities of judicial practice as a law-making phenomenon, in the context of balancing the participation of the state and civil society in the mechanism of modern law-making, is relevant. Based on the analysis of scientists' views on the issue of state participation in the generation of judicial practice, it was concluded that judicial practice is defined by its multifaceted nature and can be defined as: 1) a means of identifying deficiencies in legal regulation; 2) a law-making means of overcoming gaps in the legislation; 3) a means of generalizing the law-making influence on social relations; 4) a means of creating law-making proposals to improve the provisions of the current legislation; 5) a means of interpreting legal norms, which is carried out by realizing and clarifying the lawmaking intention, which is embedded in the content of the provisions of the legislation, and explaining it to the subjects of the law; 6) a means of law-making control, which provides, during the consideration of a court case, a check of the current legal norms for their compliance with the norms established by the Constitution, norms of international law or norms established by lawmaking acts of higher legal force, as well as for compliance with the rules of temporal and spatial effect of legal norms; 7) a means of law-making initiative, according to which judicial practice is considered as a special means of developing lawmaking proposals and initiating their consideration by competent bodies.
{"title":"Judicial practice as a result of state law-making","authors":"V. Osaulenko","doi":"10.24144/2788-6018.2024.02.10","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.10","url":null,"abstract":"In the content of the article, the author revealed the relevance of scientific knowledge of judicial practice issues as a result of the implementation of law-making by the state through the relevant authorized subjects. It was noted that the participation of the state in law-making in the modern conditions of legal development in Ukraine is the subject of many discussions and discussions on the part of representatives of legal doctrine. However, the most controversial and ambiguous result of scientific research remains the question of the law-making role of judicial practice, the subject of which is generated exclusively by the subjects of the judicial system. The participation of the state in the formation and approval of the results of judicial practice is absolute and without alternatives, such powers cannot be delegated and cannot be waived. And therefore, this indicates the exclusive monopoly of the state on the formation of judicial practice, granting it a law-making status, ensuring its renewal and monitoring its implementation. In connection with this, in the cognitive plan, the question of the peculiarities of judicial practice as a law-making phenomenon, in the context of balancing the participation of the state and civil society in the mechanism of modern law-making, is relevant. Based on the analysis of scientists' views on the issue of state participation in the generation of judicial practice, it was concluded that judicial practice is defined by its multifaceted nature and can be defined as: 1) a means of identifying deficiencies in legal regulation; 2) a law-making means of overcoming gaps in the legislation; 3) a means of generalizing the law-making influence on social relations; 4) a means of creating law-making proposals to improve the provisions of the current legislation; 5) a means of interpreting legal norms, which is carried out by realizing and clarifying the lawmaking intention, which is embedded in the content of the provisions of the legislation, and explaining it to the subjects of the law; 6) a means of law-making control, which provides, during the consideration of a court case, a check of the current legal norms for their compliance with the norms established by the Constitution, norms of international law or norms established by lawmaking acts of higher legal force, as well as for compliance with the rules of temporal and spatial effect of legal norms; 7) a means of law-making initiative, according to which judicial practice is considered as a special means of developing lawmaking proposals and initiating their consideration by competent bodies.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 386","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990002","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.20
L. Vasylchuk, R.M. Fridmanskyy
In the context of the European integration of Ukraine, the evolution of human rights, the development of civil society, environmental problems in Ukraine, including those caused by the military actions of the aggressor, the study of the problems of legal regulation of the ecological network in Ukraine is of important practical and theoretical importance. Researching the issues of legal regulation of the ecological network in Ukraine is important for the further improvement of environmental legislation, as well as for the improvement of law enforcement practice in this area. As a result of this research, the problems of legal regulation of the ecological network in Ukraine and its elements are important for the development of the sciences of constitutional, administrative and environmental law. The article is devoted to the problems of legal regulation of the ecological network in Ukraine. In this article legal regulation of the ecological network in Ukraine is characterized. In the context of the modern European integration of Ukraine, the evolution of human rights, the development of civil society, environmental problems in Ukraine, including those caused by the military actions of the aggressor, the study of the legal regulation of the ecological network in Ukraine is of great practical and theoretical importance. Ensuring the effective functioning of the ecological network of Ukraine, including the protection of the environment, overcoming the negative consequences of damage to the environment caused by hostilities, prompt demining of de-occupied territories, is an important element for the effective functioning of the system of natural human rights in Ukraine, among which the right for a safe environment for life and health in Ukraine. The concept of "legal regulation of the ecological network in Ukraine” can be defined as a system of norms and principles of law aimed at regulating social relations by legal norms in the field of formation, preservation and rational, tireless use of the ecological network in Ukraine as one of the main prerequisites for ensuring the sustainable development of Ukraine, protection of the environment, protection of flora and fauna, nature conservation areas, satisfaction of ecological, economic, social and other interests of individual citizens, society, territorial communities and the state. The elements of the ecological network of Ukraine includes: key, connecting, buffer and renewable territories.
{"title":"Legal regulation of the ecological network in Ukraine","authors":"L. Vasylchuk, R.M. Fridmanskyy","doi":"10.24144/2788-6018.2024.02.20","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.20","url":null,"abstract":"In the context of the European integration of Ukraine, the evolution of human rights, the development of civil society, environmental problems in Ukraine, including those caused by the military actions of the aggressor, the study of the problems of legal regulation of the ecological network in Ukraine is of important practical and theoretical importance. \u0000Researching the issues of legal regulation of the ecological network in Ukraine is important for the further improvement of environmental legislation, as well as for the improvement of law enforcement practice in this area. As a result of this research, the problems of legal regulation of the ecological network in Ukraine and its elements are important for the development of the sciences of constitutional, administrative and environmental law. \u0000The article is devoted to the problems of legal regulation of the ecological network in Ukraine. In this article legal regulation of the ecological network in Ukraine is characterized. \u0000In the context of the modern European integration of Ukraine, the evolution of human rights, the development of civil society, environmental problems in Ukraine, including those caused by the military actions of the aggressor, the study of the legal regulation of the ecological network in Ukraine is of great practical and theoretical importance. \u0000Ensuring the effective functioning of the ecological network of Ukraine, including the protection of the environment, overcoming the negative consequences of damage to the environment caused by hostilities, prompt demining of de-occupied territories, is an important element for the effective functioning of the system of natural human rights in Ukraine, among which the right for a safe environment for life and health in Ukraine. \u0000The concept of \"legal regulation of the ecological network in Ukraine” can be defined as a system of norms and principles of law aimed at regulating social relations by legal norms in the field of formation, preservation and rational, tireless use of the ecological network in Ukraine as one of the main prerequisites for ensuring the sustainable development of Ukraine, protection of the environment, protection of flora and fauna, nature conservation areas, satisfaction of ecological, economic, social and other interests of individual citizens, society, territorial communities and the state. \u0000The elements of the ecological network of Ukraine includes: key, connecting, buffer and renewable territories.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990266","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.117
V.I. Morenko
The article is dedicated to addressing the current issues in the theory and practice of closing criminal proceedings during the pre-trial investigation stage, particularly focusing on the basis of closing due to the expiration of pre-trial investigation deadlines. The problem of closing criminal proceedings by the investigating judge based on paragraph 10 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine is currently the subject of active discussions among legal professionals. This basis is directly related to the pre-trial investigation stage and, according to the current established practice of the Supreme Court, is classified as exclusive competence of the prosecutor, limiting the Investigating Judge's ability to exercise effective judicial control during the pre-trial investigation stage. It is noted that the absence of these powers in the Investigating Judge entails the risk of violating the reasonable time requirements for pre-trial investigation, as the pre-trial investigation deadline is not just a formality. Enshrining in procedural law the prosecutor's obligation to apply to the court with an accusatory document or close the criminal proceedings as soon as possible but not later than the procedural deadline after notifying the suspect of the accusation is a guarantee of the fundamental right of individuals to have their cases heard within a reasonable time frame. Unfortunately, in practical terms, this guarantee is not always implemented, and the lack of effective judicial control only contributes to the spread of prosecutorial inactivity. The article suggests that the most optimal solution to this problem is the alternative competence of both the prosecutor and the Investigating Judge regarding the authority to close criminal proceedings during the pre-trial investigation stage. This would help achieve a balance of interests between the parties involved in criminal proceedings and prevent abuses of power. To improve the mechanism for ensuring compliance with reasonable deadlines, the author proposes expanding and specifying the powers of the Investigating Judge when closing criminal proceedings. Specifically, it is suggested to add Part 2-1 to Article 284 of the Criminal Procedure Code of Ukraine: «Criminal proceedings at the pre-trial investigation stage are closed by the Investigating Judge based on the grounds provided for in paragraph 10 of this article if the suspect does not object to the closure on these grounds.»
{"title":"Problems of closing criminal proceedings due to the expiration of pre-trial investigation deadlines","authors":"V.I. Morenko","doi":"10.24144/2788-6018.2024.02.117","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.117","url":null,"abstract":"The article is dedicated to addressing the current issues in the theory and practice of closing criminal proceedings during the pre-trial investigation stage, particularly focusing on the basis of closing due to the expiration of pre-trial investigation deadlines. \u0000The problem of closing criminal proceedings by the investigating judge based on paragraph 10 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine is currently the subject of active discussions among legal professionals. This basis is directly related to the pre-trial investigation stage and, according to the current established practice of the Supreme Court, is classified as exclusive competence of the prosecutor, limiting the Investigating Judge's ability to exercise effective judicial control during the pre-trial investigation stage. \u0000It is noted that the absence of these powers in the Investigating Judge entails the risk of violating the reasonable time requirements for pre-trial investigation, as the pre-trial investigation deadline is not just a formality. Enshrining in procedural law the prosecutor's obligation to apply to the court with an accusatory document or close the criminal proceedings as soon as possible but not later than the procedural deadline after notifying the suspect of the accusation is a guarantee of the fundamental right of individuals to have their cases heard within a reasonable time frame. Unfortunately, in practical terms, this guarantee is not always implemented, and the lack of effective judicial control only contributes to the spread of prosecutorial inactivity. The article suggests that the most optimal solution to this problem is the alternative competence of both the prosecutor and the Investigating Judge regarding the authority to close criminal proceedings during the pre-trial investigation stage. This would help achieve a balance of interests between the parties involved in criminal proceedings and prevent abuses of power. \u0000To improve the mechanism for ensuring compliance with reasonable deadlines, the author proposes expanding and specifying the powers of the Investigating Judge when closing criminal proceedings. Specifically, it is suggested to add Part 2-1 to Article 284 of the Criminal Procedure Code of Ukraine: «Criminal proceedings at the pre-trial investigation stage are closed by the Investigating Judge based on the grounds provided for in paragraph 10 of this article if the suspect does not object to the closure on these grounds.»","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"124 49","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987526","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.54
N. Hladka, O. Yakovets
The article analyses the legislative guarantees of the prohibition of forced labour, modern risks of occurrence and involvement of Ukrainians in martial law. International and national norms prohibiting the use of forced labour are revealed. Attention is focused on the fact that Ukraine is one of the states whose citizens suffer from this phenomenon the most in Europe. Researching the concept of "forced labour”, the authors note that it is absent in Ukrainian legislation, therefore, for a full understanding of this term, they use international practice. The article describes the main forms and manifestations of forced labour. The conditions of employment are defined, which are signs of danger for the employee and which should be paid attention to in the process of employment relations in order not to become a victim of labour exploitation. Political and socioeconomic factors that influence the increase in the number of cases of forced labour are analysed. In particular, political instability, a difficult economic situation, the inability of the state to guarantee a decent living standard, unemployment, labour migration, especially outside the state, the low level of legal culture of citizens, which is the reason for the poor awareness of Ukrainians with their rights and the principles of the prohibition of forced labour. The authors draw attention to the fact that under the conditions of martial law in Ukraine, the number of socially vulnerable sections of the population that suffered from military aggression and may be at risk of being involved in forced labour has increased. Statistics of criminal proceedings related to human trafficking for 20222023 are presented, as a significant part of the victims of this offense were subjected to forced labour. It is emphasized that in most countries of the world the phenomenon of imposing forced labour by the state has disappeared and such an activity is recognized as a criminal offense.
{"title":"Legislative guarantees of the prohibition and risks of involvement of Ukrainians in forced labour","authors":"N. Hladka, O. Yakovets","doi":"10.24144/2788-6018.2024.02.54","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.54","url":null,"abstract":"The article analyses the legislative guarantees of the prohibition of forced labour, modern risks of occurrence and involvement of Ukrainians in martial law. International and national norms prohibiting the use of forced labour are revealed. Attention is focused on the fact that Ukraine is one of the states whose citizens suffer from this phenomenon the most in Europe. \u0000Researching the concept of \"forced labour”, the authors note that it is absent in Ukrainian legislation, therefore, for a full understanding of this term, they use international practice. The article describes the main forms and manifestations of forced labour. The conditions of employment are defined, which are signs of danger for the employee and which should be paid attention to in the process of employment relations in order not to become a victim of labour exploitation. \u0000Political and socioeconomic factors that influence the increase in the number of cases of forced labour are analysed. In particular, political instability, a difficult economic situation, the inability of the state to guarantee a decent living standard, unemployment, labour migration, especially outside the state, the low level of legal culture of citizens, which is the reason for the poor awareness of Ukrainians with their rights and the principles of the prohibition of forced labour. \u0000The authors draw attention to the fact that under the conditions of martial law in Ukraine, the number of socially vulnerable sections of the population that suffered from military aggression and may be at risk of being involved in forced labour has increased. Statistics of criminal proceedings related to human trafficking for 20222023 are presented, as a significant part of the victims of this offense were subjected to forced labour. It is emphasized that in most countries of the world the phenomenon of imposing forced labour by the state has disappeared and such an activity is recognized as a criminal offense.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 972","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989487","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.32
O. Boiarchuk
In this work, we consider technologies, innovations and intellectual property rights. In the context of modern development of all spheres of human life, the concepts of «technology», «innovation» and «innovative technologies» are an integral aspect of the present. They play an important and key role in the competitiveness of not only individual enterprises and organizations, but also in law and economics in general, since innovative technologies are the basis for the positive development of society and the legal relations that arise in this regard, including legal relations in the field of intellectual property rights. Intellectual property is the result of intellectual and creative activity, which is formalized and grants the author or a person who is granted the right of ownership of the result by law, which is acquired, exercised and protected in accordance with the established procedure, rules and legally defined norms. It is the objects of intellectual property rights that are in clear interaction with technology and innovation. Detailed attention is paid to the essence and content of innovations and technologies in the field of intellectual activity, in particular in the production and change of characteristics of the relevant objects of intellectual property rights. The author focuses on the conceptual apparatus of such concepts as «innovation», «technology», «intellectual property», «intellectual property rights», and technology transfer. The modern national and foreign literature is analyzed with a view to defining the basic concepts of the study and their legislative consolidation. The author analyzes the features of technology transfer, in particular, it is established that innovative technologies are endowed with novelty, revolutionary nature, irreplaceability, uniqueness, and inevitability. The author establishes the interconnectedness of the content of «innovations» and «technologies» in relation to intellectual property rights, namely, directly to intellectual property objects, which are manifested by applying know-how or an invention to a specific result of intellectual activity in the production process.
{"title":"General characteristics of technologies, innovations in intellectual property law","authors":"O. Boiarchuk","doi":"10.24144/2788-6018.2024.02.32","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.32","url":null,"abstract":"In this work, we consider technologies, innovations and intellectual property rights. \u0000In the context of modern development of all spheres of human life, the concepts of «technology», «innovation» and «innovative technologies» are an integral aspect of the present. They play an important and key role in the competitiveness of not only individual enterprises and organizations, but also in law and economics in general, since innovative technologies are the basis for the positive development of society and the legal relations that arise in this regard, including legal relations in the field of intellectual property rights. \u0000Intellectual property is the result of intellectual and creative activity, which is formalized and grants the author or a person who is granted the right of ownership of the result by law, which is acquired, exercised and protected in accordance with the established procedure, rules and legally defined norms. It is the objects of intellectual property rights that are in clear interaction with technology and innovation. \u0000Detailed attention is paid to the essence and content of innovations and technologies in the field of intellectual activity, in particular in the production and change of characteristics of the relevant objects of intellectual property rights. \u0000The author focuses on the conceptual apparatus of such concepts as «innovation», «technology», «intellectual property», «intellectual property rights», and technology transfer. The modern national and foreign literature is analyzed with a view to defining the basic concepts of the study and their legislative consolidation. \u0000The author analyzes the features of technology transfer, in particular, it is established that innovative technologies are endowed with novelty, revolutionary nature, irreplaceability, uniqueness, and inevitability. The author establishes the interconnectedness of the content of «innovations» and «technologies» in relation to intellectual property rights, namely, directly to intellectual property objects, which are manifested by applying know-how or an invention to a specific result of intellectual activity in the production process.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 841","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989505","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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