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}
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: 10.24144/2788-6018.2024.02.132
A. Romanova
The article is devoted to the philosophical and legal problems of the natural and legal dimension of human rights in the globalized space, which consists in preserving and embodying the valuable aspects of national legal systems in the international legal space. It is emphasized that based on the international experience of implementing the norms of natural law into national legislation, it is worth forming a conceptual vision and understanding of the principle of people-centeredness and humanization of law, because the natural-law "basis" is inherent in any legal phenomenon. Humanism, anthropocentrism, respect for law, the priority of ensuring and realizing human rights should become the basis of a globalized legal space. It is noted that globalization processes in law should be directed to the implementation of universal value principles and ideals in national legal systems on the basis of their common recognition. National mentality and cultural traditions play an important role in this process, although, of course, no civilized state will deny the value of human life, freedom and human dignity. It is emphasized that the vector of the development of globalization processes in law must be directed to the actualization of value aspects capable of uniting humanity, especially in crisis periods of the development of society. During Russia's war against Ukraine, the importance of natural and legal norms in ensuring the vital activity of society is manifested. During martial law, human rights can legally be limited, but natural rights are transnational and are ensured on the basis of the principle of humanity, mutual aid and mercy. Attention is focused on the fact that the state must monitor the observance of human rights through the activities of authorized bodies, as well as through informing citizens about their rights and freedoms and the importance of their provision not only by the state, but also the need for every citizen to respect the rights of another person as a guarantee of tolerant coexistence and functioning of a legal, democratic society.
{"title":"Human rights in the globalized space: natural and legal dimension","authors":"A. Romanova","doi":"10.24144/2788-6018.2024.02.132","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.132","url":null,"abstract":"The article is devoted to the philosophical and legal problems of the natural and legal dimension of human rights in the globalized space, which consists in preserving and embodying the valuable aspects of national legal systems in the international legal space. \u0000It is emphasized that based on the international experience of implementing the norms of natural law into national legislation, it is worth forming a conceptual vision and understanding of the principle of people-centeredness and humanization of law, because the natural-law \"basis\" is inherent in any legal phenomenon. Humanism, anthropocentrism, respect for law, the priority of ensuring and realizing human rights should become the basis of a globalized legal space. \u0000It is noted that globalization processes in law should be directed to the implementation of universal value principles and ideals in national legal systems on the basis of their common recognition. National mentality and cultural traditions play an important role in this process, although, of course, no civilized state will deny the value of human life, freedom and human dignity. \u0000It is emphasized that the vector of the development of globalization processes in law must be directed to the actualization of value aspects capable of uniting humanity, especially in crisis periods of the development of society. During Russia's war against Ukraine, the importance of natural and legal norms in ensuring the vital activity of society is manifested. During martial law, human rights can legally be limited, but natural rights are transnational and are ensured on the basis of the principle of humanity, mutual aid and mercy. \u0000Attention is focused on the fact that the state must monitor the observance of human rights through the activities of authorized bodies, as well as through informing citizens about their rights and freedoms and the importance of their provision not only by the state, but also the need for every citizen to respect the rights of another person as a guarantee of tolerant coexistence and functioning of a legal, democratic society.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"4 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988334","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: 10.24144/2788-6018.2024.02.104
T.M. Suprun-Kovalchuk
To fight corruption in the defense sector, it is important to prioritize anti-corruption measures and implement comprehensive strategies. This includes creating a strong legal framework and regulatory mechanisms, ensuring transparency and developing areas of international cooperation. International cooperation in the field of defense is a platform for collective action, exchange of knowledge and mutual support in the fight against corruption. This contributes to strengthening the integrity of defense institutions, the transparency of procurement processes and the creation of a global environment where corruption is less likely to flourish. The success of anti-corruption measures significantly depends on the ability to respond to current manifestations of corruption, to develop effective countermeasures and to forecast promising changes and transformational processes in corruption. Therefore, it is important to assess the potential «development» of corruption in the selected sector in the conditions of post-war reconstruction. Today, the question of increasing criminal liability for corruption offenses during wartime is relevant, because the statistical data of the website of the General Prosecutor's Office of Ukraine, which have been reviewed, show that, provided that the corruption offense itself is detected, such persons are not brought to justice in 99 % of cases. The explanation for this situation is the absence of an effective mechanism for investigating such criminal offenses, including the absence of a criminal law norm of responsibility for corruption during wartime. It is concluded that corruption in the defense sector undermines public trust and weakens democratic governance. When defense officials engage in corrupt practices, it undermines the principles of accountability, transparency, and integrity. This fosters a culture of impunity and erodes the rule of law, ultimately undermining citizens' trust in state institutions and their ability to protect national interests.
{"title":"Criminal and legal characteristics of corruption in wartime: defense research","authors":"T.M. Suprun-Kovalchuk","doi":"10.24144/2788-6018.2024.02.104","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.104","url":null,"abstract":"To fight corruption in the defense sector, it is important to prioritize anti-corruption measures and implement comprehensive strategies. This includes creating a strong legal framework and regulatory mechanisms, ensuring transparency and developing areas of international cooperation. International cooperation in the field of defense is a platform for collective action, exchange of knowledge and mutual support in the fight against corruption. This contributes to strengthening the integrity of defense institutions, the transparency of procurement processes and the creation of a global environment where corruption is less likely to flourish. The success of anti-corruption measures significantly depends on the ability to respond to current manifestations of corruption, to develop effective countermeasures and to forecast promising changes and transformational processes in corruption. Therefore, it is important to assess the potential «development» of corruption in the selected sector in the conditions of post-war reconstruction. \u0000Today, the question of increasing criminal liability for corruption offenses during wartime is relevant, because the statistical data of the website of the General Prosecutor's Office of Ukraine, which have been reviewed, show that, provided that the corruption offense itself is detected, such persons are not brought to justice in 99 % of cases. The explanation for this situation is the absence of an effective mechanism for investigating such criminal offenses, including the absence of a criminal law norm of responsibility for corruption during wartime. \u0000It is concluded that corruption in the defense sector undermines public trust and weakens democratic governance. When defense officials engage in corrupt practices, it undermines the principles of accountability, transparency, and integrity. This fosters a culture of impunity and erodes the rule of law, ultimately undermining citizens' trust in state institutions and their ability to protect national interests.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"1 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988524","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: 10.24144/2788-6018.2024.02.59
N. Ilkiv
The article is devoted to the study of the state of legal regulation of the right to permanent use of a land plot in Ukraine. The author focuses on the changes in the legal regulation of land relations as a result of land privatization, which, accordingly, affected the change in the essence of the right of permanent land use. Legislative attempts to force the subjects of the right of permanent use of land plots to re-register have led to a decrease in the number of objects of such a right. At the legislative level, the subject composition of this right has been repeatedly changed. However, this right exists and is likely to continue to exist, creating certain problems for the legislator who will try to regulate these issues and law enforcement agencies. The article provides a systematic analysis of the right of permanent use of land plots, identifies the mechanisms for exercising the right of permanent use and establishes the ways of efficient use of land in permanent use by various entities. Changes in the legal regulation of the institution of the right of permanent use of land plots are expected to increase budget revenues. They will promote transparency of land relations through the conclusion of land sublease agreements, prevent corruption in the land sector, and help determine the legal fate of the right of permanent use of persons who are not included in the list of entities that may acquire the right of permanent use of land from state and municipal property in Article 92 of the Land Code. At the same time, the gaps in the legislation require further scientific research with the formulation of proposals for improving the land legislation of Ukraine.
{"title":"Certain aspects of state registration of the right to permanent use of a land plot","authors":"N. Ilkiv","doi":"10.24144/2788-6018.2024.02.59","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.59","url":null,"abstract":"The article is devoted to the study of the state of legal regulation of the right to permanent use of a land plot in Ukraine. The author focuses on the changes in the legal regulation of land relations as a result of land privatization, which, accordingly, affected the change in the essence of the right of permanent land use. Legislative attempts to force the subjects of the right of permanent use of land plots to re-register have led to a decrease in the number of objects of such a right. At the legislative level, the subject composition of this right has been repeatedly changed. However, this right exists and is likely to continue to exist, creating certain problems for the legislator who will try to regulate these issues and law enforcement agencies. \u0000The article provides a systematic analysis of the right of permanent use of land plots, identifies the mechanisms for exercising the right of permanent use and establishes the ways of efficient use of land in permanent use by various entities. \u0000Changes in the legal regulation of the institution of the right of permanent use of land plots are expected to increase budget revenues. They will promote transparency of land relations through the conclusion of land sublease agreements, prevent corruption in the land sector, and help determine the legal fate of the right of permanent use of persons who are not included in the list of entities that may acquire the right of permanent use of land from state and municipal property in Article 92 of the Land Code. At the same time, the gaps in the legislation require further scientific research with the formulation of proposals for improving the land legislation of Ukraine.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 474","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989807","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: 10.24144/2788-6018.2024.02.33
S. Buletsa
A registered trademark can offer legal safeguard for a designer's name, brand name, emblem, logo, color or combination of colors, pattern, and so on. Ukrainian designers frequently establish trademarks by registering their names, sometimes accompanied by a graphic picture. Not just the brand name and designer's name, but also other aspects can be registered as a trademark. Regrettably, securing legal protection for a certain color or color combination is a challenging task. It requires providing evidence that a particular color is strongly linked to a specific fashion brand, such as the turquoise shade of a Tiffany box or the crimson hue of a Christian Louboutin sole. Registering a trademark is an effective method for preventing the importation and production of counterfeit goods. Nevertheless, it is impractical to safeguard the complete collection from plagiarism due to the insufficient time available for registering a trademark for a newly updated collection every month (ZARA, HM, OVS). Representatives of the Ukrainian fashion industry prioritize safeguarding their brands over safeguarding intellectual property rights for the models they produce. On one side, this scenario is justifiable, as Ukrainian designers hardly infringe upon the law, unlike worldwide companies. It is recommended to register an industrial design when a designer makes a distinctive model, technology, or print. The future of trademark protection lies in artificial intelligence. The verdict delivered on 8 February 2023 in the MetaBirkin case carries favorable consequences for the fashion industry and trademark proprietors at large. However, it is crucial to acknowledge that in this specific instance, the unauthorized utilization of the trademark was unequivocally acknowledged. Hermes has effectively shown its deliberate plan to enter the intangible assets market prior to the disputed circumstances. Therefore, trademark owners who encounter challenges in presenting proof of premeditated intention to participate in the non-traditional technology market should implement all essential procedures and regulations to safeguard their brand rights in the metanetwork and other domains. Expanding trademark registration to encompass the sale of NFTs and digital goods in general is of utmost importance. Given that the fashion industry and its protection are developing at a rapid pace, the following problems arise in Ukraine in this area related to the protection of intellectual property rights in Ukraine: illegal use, theft or counterfeiting of works, patents, trademarks and other objects intellectual property; length of court cases combined with distrust of mediation; piracy and smuggling. Therefore, certain elements used in each collection, such as the trademark or designer print on the fabric, are legally protected.
{"title":"Trademark protection in the sphere of fashion and with the help of artificial intelligence","authors":"S. Buletsa","doi":"10.24144/2788-6018.2024.02.33","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.33","url":null,"abstract":"A registered trademark can offer legal safeguard for a designer's name, brand name, emblem, logo, color or combination of colors, pattern, and so on. Ukrainian designers frequently establish trademarks by registering their names, sometimes accompanied by a graphic picture. Not just the brand name and designer's name, but also other aspects can be registered as a trademark. Regrettably, securing legal protection for a certain color or color combination is a challenging task. It requires providing evidence that a particular color is strongly linked to a specific fashion brand, such as the turquoise shade of a Tiffany box or the crimson hue of a Christian Louboutin sole. Registering a trademark is an effective method for preventing the importation and production of counterfeit goods. Nevertheless, it is impractical to safeguard the complete collection from plagiarism due to the insufficient time available for registering a trademark for a newly updated collection every month (ZARA, HM, OVS). \u0000Representatives of the Ukrainian fashion industry prioritize safeguarding their brands over safeguarding intellectual property rights for the models they produce. On one side, this scenario is justifiable, as Ukrainian designers hardly infringe upon the law, unlike worldwide companies. It is recommended to register an industrial design when a designer makes a distinctive model, technology, or print. The future of trademark protection lies in artificial intelligence. The verdict delivered on 8 February 2023 in the MetaBirkin case carries favorable consequences for the fashion industry and trademark proprietors at large. However, it is crucial to acknowledge that in this specific instance, the unauthorized utilization of the trademark was unequivocally acknowledged. \u0000Hermes has effectively shown its deliberate plan to enter the intangible assets market prior to the disputed circumstances. Therefore, trademark owners who encounter challenges in presenting proof of premeditated intention to participate in the non-traditional technology market should implement all essential procedures and regulations to safeguard their brand rights in the metanetwork and other domains. Expanding trademark registration to encompass the sale of NFTs and digital goods in general is of utmost importance. \u0000Given that the fashion industry and its protection are developing at a rapid pace, the following problems arise in Ukraine in this area related to the protection of intellectual property rights in Ukraine: illegal use, theft or counterfeiting of works, patents, trademarks and other objects intellectual property; length of court cases combined with distrust of mediation; piracy and smuggling. Therefore, certain elements used in each collection, such as the trademark or designer print on the fabric, are legally protected.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" April","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989881","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: 10.24144/2788-6018.2024.02.13
A. Sachko
In the article, the author focuses on the relevance of the conceptual and categorical analysis of any phenomena and processes of legal reality, especially the phenomenon of the concept, which is today the basis of improving the functioning of jurisprudence. It was noted that due to constant changes in the socio-economic situation, technological progress, as well as foreign policy factors, it is important to adapt the legislation to new realities. Understanding and studying various concepts of the development of legislation, as well as their impact on legal practice, allows you to effectively analyze and improve the country's legal system. This approach helps to ensure legal stability, protection of citizens' rights, and increased confidence in the legal system in general. First of all, in cognitive terms, it is important to conduct an analysis of the studied phenomenon of the concept through the prism of its conceptual-categorical dimension, which will allow to generalize its properties and improve the definition. The indicated vector of scientific knowledge will first of all strengthen the methodological basis for further research of concepts as a law-making phenomenon, define clear boundaries of the subject of scientific knowledge, establish cognitive regularities of concepts, putting them in the basis of a corresponding unified doctrinal understanding of them. In the content of the work, an analysis of the concept as a special law-making phenomenon, determination of approaches to its understanding that have developed in legal science, clarification of the features of the concept of the project of a normative-legal act, and improvement of the definition of the concept as a component of the conceptual and categorical apparatus of legal science are carried out. It was concluded that in the process of preparing a draft of a comprehensive normative legal act, one cannot do without a preliminary conclusion of its concept. In addition, the concept of writing a normative legal act can be brought up for discussion. In this way, it is proved that the concept of a normative legal act is an important stage and component of the normative design process, because the development of the correct concept allows to further formulate the provisions of the text of the normative act more clearly.
{"title":"Сoncept of the draft normative-legal act аs a law-making phenomenon","authors":"A. Sachko","doi":"10.24144/2788-6018.2024.02.13","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.13","url":null,"abstract":"In the article, the author focuses on the relevance of the conceptual and categorical analysis of any phenomena and processes of legal reality, especially the phenomenon of the concept, which is today the basis of improving the functioning of jurisprudence. It was noted that due to constant changes in the socio-economic situation, technological progress, as well as foreign policy factors, it is important to adapt the legislation to new realities. Understanding and studying various concepts of the development of legislation, as well as their impact on legal practice, allows you to effectively analyze and improve the country's legal system. This approach helps to ensure legal stability, protection of citizens' rights, and increased confidence in the legal system in general. First of all, in cognitive terms, it is important to conduct an analysis of the studied phenomenon of the concept through the prism of its conceptual-categorical dimension, which will allow to generalize its properties and improve the definition. The indicated vector of scientific knowledge will first of all strengthen the methodological basis for further research of concepts as a law-making phenomenon, define clear boundaries of the subject of scientific knowledge, establish cognitive regularities of concepts, putting them in the basis of a corresponding unified doctrinal understanding of them. In the content of the work, an analysis of the concept as a special law-making phenomenon, determination of approaches to its understanding that have developed in legal science, clarification of the features of the concept of the project of a normative-legal act, and improvement of the definition of the concept as a component of the conceptual and categorical apparatus of legal science are carried out. It was concluded that in the process of preparing a draft of a comprehensive normative legal act, one cannot do without a preliminary conclusion of its concept. In addition, the concept of writing a normative legal act can be brought up for discussion. In this way, it is proved that the concept of a normative legal act is an important stage and component of the normative design process, because the development of the correct concept allows to further formulate the provisions of the text of the normative act more clearly.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"111 29","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987766","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: 10.24144/2788-6018.2024.02.97
N. Kolomiets, A.V. Brovko
The article emphasizes that the topic of military criminal offenses is extremely relevant in the context of violations of legality and discipline in the military sphere. Taking into account the change in the geopolitical environment, the increase in threats to national security, the spread of armed conflicts and hostilities, these problems become especially important. It is noted that the legislation establishing liability for military offenses has many problems in this area, because the conflict between criminal and administrative liability of military personnel remains unresolved, there is no clear definition of the subject and object of military criminal offenses. The relevance of the study is emphasized by the fact that after the fullscale invasion of Russia in the Ukraine, there is a tendency to spread criminal offenses against the established order of military service (military criminal offenses). According to statistics, during the first half of 2022, their number increased from 1.6 thousand in 2021 to 6017 thousand, which means an increase of 370%. However, the number of criminal proceedings sent to court with an indictment increased by only 22%. These statistics show the prevalence of such criminal offenses as: Art. 407 ("Unauthorized abandonment of a military unit or place of service”), Art. 408 ("Desertion”) and Art. 402 ("Disobedience”) of the Criminal Code of Ukraine. During 2022, a total of 4350 were recorded, compared to 71 in 2021. 664 criminal proceedings were sent to court [1]. This indicates that legislative regulation in the context of the military aggression of the Russian Federation, which poses a threat to the existence of Ukraine as an independent democratic state, should be aimed at overcoming shortcomings in regulations establishing legal responsibility for war offenses. Within the framework of the study, the signs of military criminal offenses and their types by the object of encroachment were established, the subjective and objective signs of the criminal composition of this group of offenses were analyzed, in particular, attention was focused on the peculiarities of the composition of individual military criminal offenses.
{"title":"Criminal-legal characteristics of military criminal offenses","authors":"N. Kolomiets, A.V. Brovko","doi":"10.24144/2788-6018.2024.02.97","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.97","url":null,"abstract":"The article emphasizes that the topic of military criminal offenses is extremely relevant in the context of violations of legality and discipline in the military sphere. Taking into account the change in the geopolitical environment, the increase in threats to national security, the spread of armed conflicts and hostilities, these problems become especially important. It is noted that the legislation establishing liability for military offenses has many problems in this area, because the conflict between criminal and administrative liability of military personnel remains unresolved, there is no clear definition of the subject and object of military criminal offenses. The relevance of the study is emphasized by the fact that after the fullscale invasion of Russia in the Ukraine, there is a tendency to spread criminal offenses against the established order of military service (military criminal offenses). According to statistics, during the first half of 2022, their number increased from 1.6 thousand in 2021 to 6017 thousand, which means an increase of 370%. However, the number of criminal proceedings sent to court with an indictment increased by only 22%. These statistics show the prevalence of such criminal offenses as: Art. 407 (\"Unauthorized abandonment of a military unit or place of service”), Art. 408 (\"Desertion”) and Art. 402 (\"Disobedience”) of the Criminal Code of Ukraine. During 2022, a total of 4350 were recorded, compared to 71 in 2021. 664 criminal proceedings were sent to court [1]. This indicates that legislative regulation in the context of the military aggression of the Russian Federation, which poses a threat to the existence of Ukraine as an independent democratic state, should be aimed at overcoming shortcomings in regulations establishing legal responsibility for war offenses. Within the framework of the study, the signs of military criminal offenses and their types by the object of encroachment were established, the subjective and objective signs of the criminal composition of this group of offenses were analyzed, in particular, attention was focused on the peculiarities of the composition of individual military criminal offenses.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"3 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988172","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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