Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.4
Nastė Grubliauskienė
This paper examines the concept and regulation of some of the latest research in the field of fertility – preimplantation genetic diagnosis – in Lithuania, Poland, the Baltic States, and the Nordic countries. Preimplantation genetic diagnosis raises many legal and ethical questions regarding the protection of embryos, manipulation of the human genome, selection by sex, and the relation of this diagnosis to other similar studies. International legislation or guidelines define genetic testing, including pre-implantation genetic diagnosis, quite broadly, due to the scope of regulation and nuances, leaving the right to decide to the discretion of each state. National regulation of preimplantation genetic diagnosis should be specific, clearly defining cases in which preimplantation genetic diagnosis is applied.
{"title":"Legal Regulation of Preimplantation Genetic Diagnosis: A Comparative Analysis of the Baltic Sea Region and the Nordic Countries","authors":"Nastė Grubliauskienė","doi":"10.15388/teise.2022.125.4","DOIUrl":"https://doi.org/10.15388/teise.2022.125.4","url":null,"abstract":"This paper examines the concept and regulation of some of the latest research in the field of fertility – preimplantation genetic diagnosis – in Lithuania, Poland, the Baltic States, and the Nordic countries. Preimplantation genetic diagnosis raises many legal and ethical questions regarding the protection of embryos, manipulation of the human genome, selection by sex, and the relation of this diagnosis to other similar studies. International legislation or guidelines define genetic testing, including pre-implantation genetic diagnosis, quite broadly, due to the scope of regulation and nuances, leaving the right to decide to the discretion of each state. National regulation of preimplantation genetic diagnosis should be specific, clearly defining cases in which preimplantation genetic diagnosis is applied.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987356","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 : 2022-12-30DOI: 10.15388/teise.2022.125.9
Goda Strikaitė-Latušinskaja
By analyzing various sources of law, this paper provides an assessment of the method of automated administrative order that is used in Lithuania, its potential problematic risks, determined due to the chosen legal regulation, as well as the European vision of integrating technology in the implementation of the public functions of the state. After evaluating the provisions of both national law and European Union law, a proposal regarding how to improve the chosen method of incorporating algorithms into the process of adopting certain administrative orders is made.
{"title":"Automated Administrative Orders in Lithuania","authors":"Goda Strikaitė-Latušinskaja","doi":"10.15388/teise.2022.125.9","DOIUrl":"https://doi.org/10.15388/teise.2022.125.9","url":null,"abstract":"By analyzing various sources of law, this paper provides an assessment of the method of automated administrative order that is used in Lithuania, its potential problematic risks, determined due to the chosen legal regulation, as well as the European vision of integrating technology in the implementation of the public functions of the state. After evaluating the provisions of both national law and European Union law, a proposal regarding how to improve the chosen method of incorporating algorithms into the process of adopting certain administrative orders is made.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987415","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 : 2022-09-29DOI: 10.15388/teise.2022.124.4
Nataliia Filatova-Bilous
This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on to analyze modern concepts and theory explaining who the data may be attributed to and on which grounds data may be transmitted and acquired. In this context two theories are considered: a so-called theory of propertization of data and the theory of exclusive rights. Based on this analysis the approach to the legal determination of the legal nature of data and rights to them is introduced.
{"title":"Data as a Tradeable Commodity: Propertization vs. the Concept of Exclusive Rights","authors":"Nataliia Filatova-Bilous","doi":"10.15388/teise.2022.124.4","DOIUrl":"https://doi.org/10.15388/teise.2022.124.4","url":null,"abstract":"This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on to analyze modern concepts and theory explaining who the data may be attributed to and on which grounds data may be transmitted and acquired. In this context two theories are considered: a so-called theory of propertization of data and the theory of exclusive rights. Based on this analysis the approach to the legal determination of the legal nature of data and rights to them is introduced.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47048325","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 : 2022-09-28DOI: 10.15388/teise.2022.124.11
A. Lapkin
The scientific article is devoted to the study of the legal status of the Prosecutor’s Office in Ukraine in the context of the development of judicial reform.The historical development of the Prosecutor’s Office during the independence of Ukraine, which was carried out by transforming from the Soviet model of “supervision service” to the model of the “prosecution service” established in Europe, is analyzed.The problems of determining the place of prosecutor’s office in the system of division of state power of Ukraine are investigated. The understanding of the prosecutor’s office as adjacent to the judicial authority of the legal institute is substantiated.The purpose and objectives of the prosecutor’s office, as well as the system of its functions, are described. The problems of functional appointment of the prosecutor’s office, as well as regulation of its functions are revealed.The system of prosecutor’s office is defined and its elements are characterized. The main links of the prosecutor’s office, as well as the division of prosecutors into territorial and specialized ones are investigated.
{"title":"Legal Status of the Prosecutor’s Office in Ukraine","authors":"A. Lapkin","doi":"10.15388/teise.2022.124.11","DOIUrl":"https://doi.org/10.15388/teise.2022.124.11","url":null,"abstract":"The scientific article is devoted to the study of the legal status of the Prosecutor’s Office in Ukraine in the context of the development of judicial reform.The historical development of the Prosecutor’s Office during the independence of Ukraine, which was carried out by transforming from the Soviet model of “supervision service” to the model of the “prosecution service” established in Europe, is analyzed.The problems of determining the place of prosecutor’s office in the system of division of state power of Ukraine are investigated. The understanding of the prosecutor’s office as adjacent to the judicial authority of the legal institute is substantiated.The purpose and objectives of the prosecutor’s office, as well as the system of its functions, are described. The problems of functional appointment of the prosecutor’s office, as well as regulation of its functions are revealed.The system of prosecutor’s office is defined and its elements are characterized. The main links of the prosecutor’s office, as well as the division of prosecutors into territorial and specialized ones are investigated.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47142300","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 : 2022-09-28DOI: 10.15388/teise.2022.124.2
D. Bulgakova
The protection of personal data is the most important legal standard for the use of biometric data. Fingerprints are personal biometric data in accordance with Article 9 (1) of the GDPR. It is also a category of personal data that needs to be processed specifically in order to ensure the right to the protection of personal data and to reduce the risk of its restriction. The problem discussed in this study is fingerprint processing in the workplace.
{"title":"Case Study on the Fingerprint Processing in a Workplace under GDPR Article 9 (2, b)","authors":"D. Bulgakova","doi":"10.15388/teise.2022.124.2","DOIUrl":"https://doi.org/10.15388/teise.2022.124.2","url":null,"abstract":"The protection of personal data is the most important legal standard for the use of biometric data. Fingerprints are personal biometric data in accordance with Article 9 (1) of the GDPR. It is also a category of personal data that needs to be processed specifically in order to ensure the right to the protection of personal data and to reduce the risk of its restriction. The problem discussed in this study is fingerprint processing in the workplace.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986824","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 : 2022-09-28DOI: 10.15388/teise.2022.124.10
A. Kostruba
The article is devoted to the study of legal nature of the mechanism for association of legal entities. Such associations of legal entities are realized in order to attract not only capital and other production resources, including labor, but also in order to satisfy nonproperty interests.Legal capacity of legal entities in the process of their merger is analyzed, based on what – statutory or contractual – association of corporations is determined. The statutory association does not lead to the creation of another fiction other than a legal entity, due to which it is ensured through its inherent organizational legal forms. The contractual association does not require the formation of a new legal entity (concern, consortium, association (union), syndicate, conglomerate, cartel, pool).In the event of such consolidation of legal entities, the contractual structure of a simple company or other joint activity is formed, formally close to such person at law as a legal entity. The difference between the above procedure of merging from the first option lies in the degree of autonomy of the members from each other, as well as in the expected result of such merger.
{"title":"Integrated Structures of Corporations: Ukrainian Legal Reality","authors":"A. Kostruba","doi":"10.15388/teise.2022.124.10","DOIUrl":"https://doi.org/10.15388/teise.2022.124.10","url":null,"abstract":"The article is devoted to the study of legal nature of the mechanism for association of legal entities. Such associations of legal entities are realized in order to attract not only capital and other production resources, including labor, but also in order to satisfy nonproperty interests.Legal capacity of legal entities in the process of their merger is analyzed, based on what – statutory or contractual – association of corporations is determined. The statutory association does not lead to the creation of another fiction other than a legal entity, due to which it is ensured through its inherent organizational legal forms. The contractual association does not require the formation of a new legal entity (concern, consortium, association (union), syndicate, conglomerate, cartel, pool).In the event of such consolidation of legal entities, the contractual structure of a simple company or other joint activity is formed, formally close to such person at law as a legal entity. The difference between the above procedure of merging from the first option lies in the degree of autonomy of the members from each other, as well as in the expected result of such merger.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987161","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 : 2022-09-28DOI: 10.15388/teise.2022.124.3
I. Dikovska
The paper aims at the revealing of the possible manifestations of foreign element in a succession of a share in a limited liability company registered in Ukraine; distinguishing the issues which should be governed by lex societatis and lex successionis; determining of lex societatis and lex successionis as well as international competence of notaries and international jurisdiction of courts in the matters of succession of share in a limited liability company registered in Ukraine. To achieve this aim the paper analyses some bilateral international treaties of Ukraine on legal assistance and the Law of Ukraine On Private International Law. The solution of the issues which have not been solved in Ukrainian law was offered taking into consideration the solutions of the Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as the law of Germany, France, the Netherlands and Switzerland.
本文旨在揭示在乌克兰注册的有限责任公司股权继承中外国因素的可能表现;区分应由社会法和继承法管辖的问题;确定社会法和继承法，以及公证人的国际权限和法院在乌克兰注册的有限责任公司股份继承事项中的国际管辖权。为了达到这一目的，本文分析了乌克兰关于法律援助的一些双边国际条约和乌克兰关于国际私法的法律。乌克兰法律中尚未解决的问题的解决方案是考虑到欧洲议会和理事会2012年7月4日关于管辖权，适用法律，承认和执行决定以及接受和执行继承事项中的真实文书和创建欧洲继承证书的法规(EU) No 650/2012的解决方案，以及德国，法国，荷兰和瑞士。
{"title":"Succession with the Foreign Element of a Share in a Limited Liability Company Registered in Ukraine","authors":"I. Dikovska","doi":"10.15388/teise.2022.124.3","DOIUrl":"https://doi.org/10.15388/teise.2022.124.3","url":null,"abstract":"The paper aims at the revealing of the possible manifestations of foreign element in a succession of a share in a limited liability company registered in Ukraine; distinguishing the issues which should be governed by lex societatis and lex successionis; determining of lex societatis and lex successionis as well as international competence of notaries and international jurisdiction of courts in the matters of succession of share in a limited liability company registered in Ukraine. To achieve this aim the paper analyses some bilateral international treaties of Ukraine on legal assistance and the Law of Ukraine On Private International Law. The solution of the issues which have not been solved in Ukrainian law was offered taking into consideration the solutions of the Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as the law of Germany, France, the Netherlands and Switzerland.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986893","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 : 2022-09-28DOI: 10.15388/teise.2022.124.6
Sergiy Glotov
This article discusses the issue of evaluation of the street artists’ rights to their work from the point of view of the owner and the architect of the building through the prism of the rights of the latter. After all, upon the appearance of a graffiti, mural, or another street art work on someone’s property, the conflict of rights and interests between the aforesaid persons is inevitable. It is argued that a street artist cannot always claim the copyright holder status. And when they can, their copyright ranks last in the hierarchy of the rights of the concerned rights holders.
{"title":"Regarding the Right to Creative Freedom in the Context of Conflict with Property Rights as Examplified by Street Art","authors":"Sergiy Glotov","doi":"10.15388/teise.2022.124.6","DOIUrl":"https://doi.org/10.15388/teise.2022.124.6","url":null,"abstract":"This article discusses the issue of evaluation of the street artists’ rights to their work from the point of view of the owner and the architect of the building through the prism of the rights of the latter. After all, upon the appearance of a graffiti, mural, or another street art work on someone’s property, the conflict of rights and interests between the aforesaid persons is inevitable. It is argued that a street artist cannot always claim the copyright holder status. And when they can, their copyright ranks last in the hierarchy of the rights of the concerned rights holders.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48360983","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 : 2022-09-28DOI: 10.15388/teise.2022.124.16
O. Shtefan
New rules for transferring the case from one court to another are being investigated, the conclusion on expanding the competence of the court on this issue is substantiated. The most problematic requirements for the content of the claim, which are not provided with legal and organizational mechanisms, are considered.Particular attention was paid to the problem of implementing “cassation filters”, which have undergone additional changes since the main reform strengthens them. It is proved that this problem is closely related to another one – the problem of defining a certain legal concepts, substantiates a significant expansion of the scope of judicial discretion in determining the grounds for cassation appeal in a particular case.The article considers the possibility of referring to the decisions of the European Court of Human Rights as the sources of civil procedural law of Ukraine. The problem of administering justice under martial law received separate consideration.It is concluded that the evaluation of the effectiveness of judicial reform involves its critical consideration by both science and practice, generalization and analysis of law enforcement practice will provide grounds for a final assessment of the quality of reform.
{"title":"Reform of Civil Procedural Legislation of Ukraine and Problems of its Implementation","authors":"O. Shtefan","doi":"10.15388/teise.2022.124.16","DOIUrl":"https://doi.org/10.15388/teise.2022.124.16","url":null,"abstract":"New rules for transferring the case from one court to another are being investigated, the conclusion on expanding the competence of the court on this issue is substantiated. The most problematic requirements for the content of the claim, which are not provided with legal and organizational mechanisms, are considered.Particular attention was paid to the problem of implementing “cassation filters”, which have undergone additional changes since the main reform strengthens them. It is proved that this problem is closely related to another one – the problem of defining a certain legal concepts, substantiates a significant expansion of the scope of judicial discretion in determining the grounds for cassation appeal in a particular case.The article considers the possibility of referring to the decisions of the European Court of Human Rights as the sources of civil procedural law of Ukraine. The problem of administering justice under martial law received separate consideration.It is concluded that the evaluation of the effectiveness of judicial reform involves its critical consideration by both science and practice, generalization and analysis of law enforcement practice will provide grounds for a final assessment of the quality of reform.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49497758","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 : 2022-09-28DOI: 10.15388/teise.2022.124.9
D. Yevtieieva
The article provides a criminal assessment of unfair information business (“information fraud”). Based on the analysis of the Supreme Court’s positions and through the prism of such manifestations as nonfulfillment of obligations and improper fulfillment of obligations (untimely, incomplete and poor-quality fulfillment of obligations in the form of service), it is determined whether this phenomenon falls under criminal fraud within the legislation of Ukraine.
{"title":"Criminal Offense or Civil Law Dispute: to the Issue of Assessing Unfair Information Business under the Criminal Legislation of Ukraine","authors":"D. Yevtieieva","doi":"10.15388/teise.2022.124.9","DOIUrl":"https://doi.org/10.15388/teise.2022.124.9","url":null,"abstract":"The article provides a criminal assessment of unfair information business (“information fraud”). Based on the analysis of the Supreme Court’s positions and through the prism of such manifestations as nonfulfillment of obligations and improper fulfillment of obligations (untimely, incomplete and poor-quality fulfillment of obligations in the form of service), it is determined whether this phenomenon falls under criminal fraud within the legislation of Ukraine.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986959","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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