The relevance of the study is due to the emergence of new agricultural entities in Ukraine – farms of various types, which need not only to engage in agricultural production but also to develop other areas of activity, in particular, construction. The absence of settlement in the farm legislation of land use based on superficial agreements and the possibility of further disputes between the parties is one of the grounds for conducting this study. The purpose of the study is to outline the formation and development of the superficies institute in Ukraine during 1990-2022 and establish the specific features of introducing it into farming activities. The study is conducted using a complex of general scientific and special methods of cognition. The dialectical method helped to determine the regularities of the development of the institution of superficies from the time of the Roman Empire to the present. The comparative legal method is used in the examination of the formation and development of farm land use in the modern Ukrainian state. In the course of the study, a historical and legal analysis of the peculiarities of using someone else’s land plot, which has a intended purpose-construction, is conducted. A thorough comparative legal analysis of the norms of the Civil and Land codes of Ukraine concerning superficial land use is conducted. Originalities of legal regulation of land use in farms of independent Ukraine are considered. It is proposed to supplement Article 12 of the Law of Ukraine “On farming” by granting farms the right to conclude emphyteusis and superficies agreements. The main terms of superficies’ contracts – the right to use someone else’s land plot for development, are outlined. The specific features of the conclusion of such transactions are determined, it is noted that the registration of a superficial contract in the State Register of property rights to immovable property is an electronic proof of its conclusion. The practical value of the study lies in the fact that the proposals formed on the basis of its results can be used to improve the current legislation.
{"title":"Superficies as one of the legal forms of land use in farming activities","authors":"Mariia Dolynska","doi":"10.32518/sals3.2023.16","DOIUrl":"https://doi.org/10.32518/sals3.2023.16","url":null,"abstract":"The relevance of the study is due to the emergence of new agricultural entities in Ukraine – farms of various types, which need not only to engage in agricultural production but also to develop other areas of activity, in particular, construction. The absence of settlement in the farm legislation of land use based on superficial agreements and the possibility of further disputes between the parties is one of the grounds for conducting this study. The purpose of the study is to outline the formation and development of the superficies institute in Ukraine during 1990-2022 and establish the specific features of introducing it into farming activities. The study is conducted using a complex of general scientific and special methods of cognition. The dialectical method helped to determine the regularities of the development of the institution of superficies from the time of the Roman Empire to the present. The comparative legal method is used in the examination of the formation and development of farm land use in the modern Ukrainian state. In the course of the study, a historical and legal analysis of the peculiarities of using someone else’s land plot, which has a intended purpose-construction, is conducted. A thorough comparative legal analysis of the norms of the Civil and Land codes of Ukraine concerning superficial land use is conducted. Originalities of legal regulation of land use in farms of independent Ukraine are considered. It is proposed to supplement Article 12 of the Law of Ukraine “On farming” by granting farms the right to conclude emphyteusis and superficies agreements. The main terms of superficies’ contracts – the right to use someone else’s land plot for development, are outlined. The specific features of the conclusion of such transactions are determined, it is noted that the registration of a superficial contract in the State Register of property rights to immovable property is an electronic proof of its conclusion. The practical value of the study lies in the fact that the proposals formed on the basis of its results can be used to improve the current legislation.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"139 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The internal market of the European Union creates employment opportunities, but the job search process remains complex due to different rules and requirements related to the high requirements of local legislation and market characteristics. The research aims to provide a legal overview of Directive 2005/36/EC and the latest amendments to the amended Directive 2013/55/EU, which focus on extending the rights of employees and self-employed persons to practice their profession in different Member States of the European Union. The main methods used in the research are analysis and historical. The authors provided two sides of the view of the country’s internal labour market: from the perspective of the “European Union’s fully free market for professionals”, offering enhanced career opportunities and professional development, and from the perspective of migrants and the obstacles they face. The differences between regulated and unregulated professions, highlighting the ease of recognition of the latter were described. The study also discusses the applicability of the Directive to family members from outside the European Union and the introduction of the European Occupational Card in Directive 2013/55. The three systems for the recognition of qualifications were discussed in detail, highlighting their importance and recent developments in case law. Attention has also been paid to barriers to labour mobility, instruments for the protection of EU citizens, and the challenges posed by national legislation in different professions. The paper provides an assessment of the internal features of the functioning of the internal labour market in the European Union and a better understanding of the peculiarities of the functioning of the economy of the association.
{"title":"Legal framework of professional mobility in the EU","authors":"Gasper Kokaj","doi":"10.32518/sals3.2023.135","DOIUrl":"https://doi.org/10.32518/sals3.2023.135","url":null,"abstract":"The internal market of the European Union creates employment opportunities, but the job search process remains complex due to different rules and requirements related to the high requirements of local legislation and market characteristics. The research aims to provide a legal overview of Directive 2005/36/EC and the latest amendments to the amended Directive 2013/55/EU, which focus on extending the rights of employees and self-employed persons to practice their profession in different Member States of the European Union. The main methods used in the research are analysis and historical. The authors provided two sides of the view of the country’s internal labour market: from the perspective of the “European Union’s fully free market for professionals”, offering enhanced career opportunities and professional development, and from the perspective of migrants and the obstacles they face. The differences between regulated and unregulated professions, highlighting the ease of recognition of the latter were described. The study also discusses the applicability of the Directive to family members from outside the European Union and the introduction of the European Occupational Card in Directive 2013/55. The three systems for the recognition of qualifications were discussed in detail, highlighting their importance and recent developments in case law. Attention has also been paid to barriers to labour mobility, instruments for the protection of EU citizens, and the challenges posed by national legislation in different professions. The paper provides an assessment of the internal features of the functioning of the internal labour market in the European Union and a better understanding of the peculiarities of the functioning of the economy of the association.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the study lies in the fact that Ukraine is in a state of military conflict, which has caused an increase in the number of internal migrants, as well as the need to update the current legislation to regulate their status in accordance with the new realities of life. The purpose of the study was to study the main provisions of the state policy regarding internal migrants in Ukraine, the basics of legal regulation of the status of this category of population, the determination of the potential and consequences of internal migration for the post-war reconstruction of Ukraine, as well as its development trends and reasons for its spread at the current stage, highlighting the features of internal migration on based on the conducted analysis. In accordance with the set goal, the task of the research was to study the general positions on the settlement of disputes in Ukraine on the protection of the rights and freedoms of internal migrants in the aspect of administrative and procedural law. General methods (analysis, synthesis, dogmatic, dialectical) and special methods (formal-logical, legal hermeneutics) were used during the research in order to achieve its goals and objectives. In addition to the methods of scientific knowledge of the theoretical orientation, empirical methods of research (description, comparison) were used. The result of the study was the substantiation of the proposition that the analysis of the general dynamics of the legal regulation of administrative responsibility for violations of migration legislation indicates the existence of two most common trends: the strengthening of punishments for offences in the context of armed aggression against Ukraine, as well as the systematic criminalization of acts, an increase in the number of administrative offences and crimes. The conclusion of the study was the argumentation of the position that internal migration in Ukraine at the current stage has a hybrid nature, caused by a combination of factors of different directions, a combination of military, economic and social factors, which must be taken into account when reforming the policy of public administration in the specified area. The practical significance of the research is that there is currently a military conflict in Ukraine, which causes complex processes of internal migration, and its results are effective for use in developing practical recommendations for updating legislation in the specified area in order to reduce or eliminate the negative consequences that may be caused by internal displacement of the population.
{"title":"Internal migration and displaced persons in Ukraine: Governing policies and protections by the administrative courts","authors":"Olena Miliienko","doi":"10.32518/sals3.2023.94","DOIUrl":"https://doi.org/10.32518/sals3.2023.94","url":null,"abstract":"The relevance of the study lies in the fact that Ukraine is in a state of military conflict, which has caused an increase in the number of internal migrants, as well as the need to update the current legislation to regulate their status in accordance with the new realities of life. The purpose of the study was to study the main provisions of the state policy regarding internal migrants in Ukraine, the basics of legal regulation of the status of this category of population, the determination of the potential and consequences of internal migration for the post-war reconstruction of Ukraine, as well as its development trends and reasons for its spread at the current stage, highlighting the features of internal migration on based on the conducted analysis. In accordance with the set goal, the task of the research was to study the general positions on the settlement of disputes in Ukraine on the protection of the rights and freedoms of internal migrants in the aspect of administrative and procedural law. General methods (analysis, synthesis, dogmatic, dialectical) and special methods (formal-logical, legal hermeneutics) were used during the research in order to achieve its goals and objectives. In addition to the methods of scientific knowledge of the theoretical orientation, empirical methods of research (description, comparison) were used. The result of the study was the substantiation of the proposition that the analysis of the general dynamics of the legal regulation of administrative responsibility for violations of migration legislation indicates the existence of two most common trends: the strengthening of punishments for offences in the context of armed aggression against Ukraine, as well as the systematic criminalization of acts, an increase in the number of administrative offences and crimes. The conclusion of the study was the argumentation of the position that internal migration in Ukraine at the current stage has a hybrid nature, caused by a combination of factors of different directions, a combination of military, economic and social factors, which must be taken into account when reforming the policy of public administration in the specified area. The practical significance of the research is that there is currently a military conflict in Ukraine, which causes complex processes of internal migration, and its results are effective for use in developing practical recommendations for updating legislation in the specified area in order to reduce or eliminate the negative consequences that may be caused by internal displacement of the population.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The premises of the study – the escalation of threats and negative factors in the management of the economic security of the state necessitates the examination of various issues, including the information support for combating corruption within the state’s economic security management system. The purpose of the study is to enable contemporary information support for combating corruption within the state’s economic security management system. To achieve this purpose, modelling of information support for combating corruption within the economic security management system was conducted. Key research method – graphical modelling based on Data Flow Diagrams, describing data sources, recipients, logical functions, data flows, and data repositories accessed in the context of information support for combating corruption within the economic security management system of the state. The outcome is the construction of a key model for information support for combating corruption within the economic security management system. The major functions of information support for combating corruption within the state’s economic security management system are considered and presented. Innovation of the obtained results is demonstrated through the proposed methodological approach. The developed model enhances the efficiency of information support for combating corruption within the state’s economic security management system. The paper elucidates essential functional aspects of information support for combating corruption within the state’s economic security management system. The theoretical and practical value of the results lies in the provided methodological approach for ensuring anti-corruption measures within the state’s economic security management system.
{"title":"Modelling information support for combating corruption in the economic security management system of the state","authors":"Oleksandr Sylkin, Marta Kopytko","doi":"10.32518/sals3.2023.60","DOIUrl":"https://doi.org/10.32518/sals3.2023.60","url":null,"abstract":"The premises of the study – the escalation of threats and negative factors in the management of the economic security of the state necessitates the examination of various issues, including the information support for combating corruption within the state’s economic security management system. The purpose of the study is to enable contemporary information support for combating corruption within the state’s economic security management system. To achieve this purpose, modelling of information support for combating corruption within the economic security management system was conducted. Key research method – graphical modelling based on Data Flow Diagrams, describing data sources, recipients, logical functions, data flows, and data repositories accessed in the context of information support for combating corruption within the economic security management system of the state. The outcome is the construction of a key model for information support for combating corruption within the economic security management system. The major functions of information support for combating corruption within the state’s economic security management system are considered and presented. Innovation of the obtained results is demonstrated through the proposed methodological approach. The developed model enhances the efficiency of information support for combating corruption within the state’s economic security management system. The paper elucidates essential functional aspects of information support for combating corruption within the state’s economic security management system. The theoretical and practical value of the results lies in the provided methodological approach for ensuring anti-corruption measures within the state’s economic security management system.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the study is determined by the problem of preserving the mental health of society during crisis events that can influence the development of various forms of destructive mental disorders in the population. In this regard, the purpose of the research work was to determine the characteristics of a person’s personal characteristics in the context of preserving his mental resources to fight uncertainty, as well as finding effective ways to restore the psychological well-being of the population in war conditions. The theoretical and methodological basis of the scientific research was a combination of qualitative methods of structural and functional analysis of providing psychological support to society during the period of martial law, as well as a systematic approach to the study of the social conditioning of the formation of tolerance to uncertainty in a person. In particular, several surveys were conducted on the problems of intolerance to uncertainty and psychological well-being of the individual. The scientific work presents the results that reflect the problem of the personal qualities of a person to withstand the burden of crisis events that are associated with situations of uncertainty, in particular, psychological self-regulation, which allows to adequately perceive problems and find productive solutions to solve them. The article also highlights the issues of intolerance, self-identity and personal maturity of a person, which reveal the content of his individual perception and interpretation of situations of uncertainty. The obtained data also reflect the problem of the impact of crisis circumstances on the formation of a person’s predisposition to mental disorders. At the same time, the research paper highlights issues of personal anxiety and worries about the future, as well as reveals the specifics of public health care in different countries.
{"title":"Tolerance to uncertainty as a factor in the mental health of the population in conditions of war","authors":"Andrii Trofimov, Valeriia Zabolotna","doi":"10.32518/sals3.2023.189","DOIUrl":"https://doi.org/10.32518/sals3.2023.189","url":null,"abstract":"The relevance of the study is determined by the problem of preserving the mental health of society during crisis events that can influence the development of various forms of destructive mental disorders in the population. In this regard, the purpose of the research work was to determine the characteristics of a person’s personal characteristics in the context of preserving his mental resources to fight uncertainty, as well as finding effective ways to restore the psychological well-being of the population in war conditions. The theoretical and methodological basis of the scientific research was a combination of qualitative methods of structural and functional analysis of providing psychological support to society during the period of martial law, as well as a systematic approach to the study of the social conditioning of the formation of tolerance to uncertainty in a person. In particular, several surveys were conducted on the problems of intolerance to uncertainty and psychological well-being of the individual. The scientific work presents the results that reflect the problem of the personal qualities of a person to withstand the burden of crisis events that are associated with situations of uncertainty, in particular, psychological self-regulation, which allows to adequately perceive problems and find productive solutions to solve them. The article also highlights the issues of intolerance, self-identity and personal maturity of a person, which reveal the content of his individual perception and interpretation of situations of uncertainty. The obtained data also reflect the problem of the impact of crisis circumstances on the formation of a person’s predisposition to mental disorders. At the same time, the research paper highlights issues of personal anxiety and worries about the future, as well as reveals the specifics of public health care in different countries.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348800","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}
Yulii Sedliar, A. Sapsai, Iuliia Tsyrfa, Natalia P. Serbina, Andriy Moroz
The current state of Russia’s military aggression against Ukraine, which resulted in a violation of territorial integrity and sovereignty, makes this study relevant. The Budapest Memorandum’s contents, its importance for Ukraine, and an examination of the post-bipolar international communications system are the work’s primary objectives. The scholarly article’s methodological techniques aid in illuminating the theoretical and practical facets of these procedures, enabling a political and legal evaluation of the Budapest Memorandum and its effects on Ukrainian politics. The methods of deduction, induction, synthesis, logical analysis, dialectical methodological approach, and others should be included in this category of methodological approaches. The Budapest Memorandum’s features and its function in maintaining nuclear security were identified during the study, as was the effect of Ukraine’s nuclear disarmament in the context of the Crimean Peninsula’s annexation. Other factors that allowed for a political and legal evaluation of the subject under investigation included the foreign policies of nations that guaranteed Ukraine’s national security but failed to carry out their commitments. The results of the study helped to establish the effectiveness of the Memorandum in the context of nuclear safety guarantees and provide recommendations on their maintenance, which will help in improving the mechanism of international security. By evaluating the political and legal effectiveness of the Budapest Memorandum’s nuclear security guarantees for Ukraine, this study provides recommendations to improve the mechanism of international security commitments and prevent future violations of territorial sovereignty.
{"title":"Political and legal assessment of the Budapest Memorandum: From Ukraine’s renunciation of nuclear weapons to the annexation of the Crimean Peninsula","authors":"Yulii Sedliar, A. Sapsai, Iuliia Tsyrfa, Natalia P. Serbina, Andriy Moroz","doi":"10.32518/sals3.2023.153","DOIUrl":"https://doi.org/10.32518/sals3.2023.153","url":null,"abstract":"The current state of Russia’s military aggression against Ukraine, which resulted in a violation of territorial integrity and sovereignty, makes this study relevant. The Budapest Memorandum’s contents, its importance for Ukraine, and an examination of the post-bipolar international communications system are the work’s primary objectives. The scholarly article’s methodological techniques aid in illuminating the theoretical and practical facets of these procedures, enabling a political and legal evaluation of the Budapest Memorandum and its effects on Ukrainian politics. The methods of deduction, induction, synthesis, logical analysis, dialectical methodological approach, and others should be included in this category of methodological approaches. The Budapest Memorandum’s features and its function in maintaining nuclear security were identified during the study, as was the effect of Ukraine’s nuclear disarmament in the context of the Crimean Peninsula’s annexation. Other factors that allowed for a political and legal evaluation of the subject under investigation included the foreign policies of nations that guaranteed Ukraine’s national security but failed to carry out their commitments. The results of the study helped to establish the effectiveness of the Memorandum in the context of nuclear safety guarantees and provide recommendations on their maintenance, which will help in improving the mechanism of international security. By evaluating the political and legal effectiveness of the Budapest Memorandum’s nuclear security guarantees for Ukraine, this study provides recommendations to improve the mechanism of international security commitments and prevent future violations of territorial sovereignty.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348886","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}
In Ukraine, a steady trend is observed whereby public authorities violate the guarantees of the rights of academic staff. Providing academic staff with annual basic leave with different durations depending on the type of higher education institution is one such violation. The research aims to substantiate the mandatory extension of the guarantee of the duration of annual basic leave for academic staff to police officers seconded to serve in higher education institutions. The key methods of scientific research are systematic and structural analysis, which were used to study and summarize scientific sources, as well as regulations which determine the status of a police officer seconded to a higher education institution; regulate the duration of annual basic leave for research and teaching staff seconded to higher education institutions with specific conditions of study while remaining in the police service. The position that the content of the rights of a seconded police officer should be determined primarily by the tasks and functions which the employee directly performs at the main place of work is substantiated. It is proved that the provision on the duration of annual basic leave established by the Law of Ukraine “On the National Police” applies to police officers serving in police bodies and units. Concerning police officers seconded to higher education institutions with specific training conditions and appointed to academic positions, the duration of annual basic leave should be set with due regard to state guarantees following the Laws of Ukraine “On Higher Education”, “On Education”, and “On Leaves”. The practical significance of the study is to substantiate the legal grounds for regulating the duration of annual basic leave for police officers seconded to state institutions (organisations).
{"title":"Duration of annual basic leave for police officers serving in academic positions","authors":"Оleksandr Kondratіuk","doi":"10.32518/sals3.2023.52","DOIUrl":"https://doi.org/10.32518/sals3.2023.52","url":null,"abstract":"In Ukraine, a steady trend is observed whereby public authorities violate the guarantees of the rights of academic staff. Providing academic staff with annual basic leave with different durations depending on the type of higher education institution is one such violation. The research aims to substantiate the mandatory extension of the guarantee of the duration of annual basic leave for academic staff to police officers seconded to serve in higher education institutions. The key methods of scientific research are systematic and structural analysis, which were used to study and summarize scientific sources, as well as regulations which determine the status of a police officer seconded to a higher education institution; regulate the duration of annual basic leave for research and teaching staff seconded to higher education institutions with specific conditions of study while remaining in the police service. The position that the content of the rights of a seconded police officer should be determined primarily by the tasks and functions which the employee directly performs at the main place of work is substantiated. It is proved that the provision on the duration of annual basic leave established by the Law of Ukraine “On the National Police” applies to police officers serving in police bodies and units. Concerning police officers seconded to higher education institutions with specific training conditions and appointed to academic positions, the duration of annual basic leave should be set with due regard to state guarantees following the Laws of Ukraine “On Higher Education”, “On Education”, and “On Leaves”. The practical significance of the study is to substantiate the legal grounds for regulating the duration of annual basic leave for police officers seconded to state institutions (organisations).","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348966","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}
Bogdan Derevyanko, Nadiia Іvanchenko, O. Podskrebko, Alina Prylutska, O. Turkot
The paper identifies the main positive aspects and risks of operations involving cryptocurrency after their legitimization and suggests ways to reduce the impact of risks and negative consequences. Analysis and synthesis techniques were utilized in the research in order to summarize the findings and draw conclusions in accordance with the paper’s structural divisions. The structural approach made it possible to structure the provisions on the potential spread of the impact of the existing state regulatory system on participants’ activities in the cryptocurrency market and determine which state executive authorities should be assigned the task of licensing cryptocurrency mining. The comparative legal method was used to search for advantages and disadvantages for various types of legal entities after legitimizing cryptocurrency. In order to examine the origins of human civilization and its recent acceleration of digitalization, the historical legal method was utilized. The authors have elaborated methods aimed at reducing the risks of operations with cryptocurrencies, as well as protecting the interests of the state and cryptocurrency market participants. It is proposed to establish a cryptocurrency exchange by citizens of Ukraine or business entities in agreement with the National Bank of Ukraine, the National Securities and Stock Market Commission or other central executive body. It is proposed to protect the interests of participants in the cryptocurrency market through the application of a group of measures characterized by the term “legal work at the enterprise”, and the LLC legal form can be used to prevent conflicts between founders and protection from encroachments of corporate raiders for small businesses
{"title":"On pros and cons of legitimizing cryptocurrency (case study of Ukraine)","authors":"Bogdan Derevyanko, Nadiia Іvanchenko, O. Podskrebko, Alina Prylutska, O. Turkot","doi":"10.32518/sals3.2023.09","DOIUrl":"https://doi.org/10.32518/sals3.2023.09","url":null,"abstract":"The paper identifies the main positive aspects and risks of operations involving cryptocurrency after their legitimization and suggests ways to reduce the impact of risks and negative consequences. Analysis and synthesis techniques were utilized in the research in order to summarize the findings and draw conclusions in accordance with the paper’s structural divisions. The structural approach made it possible to structure the provisions on the potential spread of the impact of the existing state regulatory system on participants’ activities in the cryptocurrency market and determine which state executive authorities should be assigned the task of licensing cryptocurrency mining. The comparative legal method was used to search for advantages and disadvantages for various types of legal entities after legitimizing cryptocurrency. In order to examine the origins of human civilization and its recent acceleration of digitalization, the historical legal method was utilized. The authors have elaborated methods aimed at reducing the risks of operations with cryptocurrencies, as well as protecting the interests of the state and cryptocurrency market participants. It is proposed to establish a cryptocurrency exchange by citizens of Ukraine or business entities in agreement with the National Bank of Ukraine, the National Securities and Stock Market Commission or other central executive body. It is proposed to protect the interests of participants in the cryptocurrency market through the application of a group of measures characterized by the term “legal work at the enterprise”, and the LLC legal form can be used to prevent conflicts between founders and protection from encroachments of corporate raiders for small businesses","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the study is due to the inconsistency of the national legislation of Ukraine on bankruptcy with the current conditions on the territory of the state, which are connected with the full-scale invasion of the Russian Federation. Martial law causes high risks of destruction of medium, small and large business enterprises, in particular in uncontrolled and temporarily occupied territories. Thus, the purpose of the study is to justify the need to improve the national legislation on bankruptcy, increase the efficiency of the mechanisms for the realization of rights, the fulfilment of obligations and the protection of the interests of economic entities in the conditions of military confrontation. The main methods used to write the work: historical, comparative, statistical, method of analysis, synthesis. The results of this work turned out to be the following: the legislation regulating legal relations regarding bankruptcy was investigated, it was found out which subjects of economic activity are at risk of bankruptcy, and the impact of the war on the state of legal regulation of the economic sphere was investigated. A conclusion was made regarding the main shortcomings of the national bankruptcy legislation. The question of the possibility of preserving the debtor’s further reputation and the proportional satisfaction of creditors’ rights by following the bankruptcy procedure, which was developed in accordance with modern conditions, was also investigated. The possibility of compensation for losses from the side of the aggressor country for those enterprises that suffered losses and destruction as a result of Russian military aggression is also indicated. The expediency of introducing a moratorium on bankruptcy and the main disadvantages of this type of restriction are discussed. Further directions for improving and increasing the level of effectiveness of the legally provided mechanisms for the implementation of the bankruptcy procedure in the conditions of war on the territory of Ukraine are proposed. The results of research work can be used as a theoretical basis for further legislative developments in the field of bankruptcy.
{"title":"Problems of legal regulation of bankruptcy during armed conflict","authors":"Kateryna Vereshchahina","doi":"10.32518/sals3.2023.201","DOIUrl":"https://doi.org/10.32518/sals3.2023.201","url":null,"abstract":"The relevance of the study is due to the inconsistency of the national legislation of Ukraine on bankruptcy with the current conditions on the territory of the state, which are connected with the full-scale invasion of the Russian Federation. Martial law causes high risks of destruction of medium, small and large business enterprises, in particular in uncontrolled and temporarily occupied territories. Thus, the purpose of the study is to justify the need to improve the national legislation on bankruptcy, increase the efficiency of the mechanisms for the realization of rights, the fulfilment of obligations and the protection of the interests of economic entities in the conditions of military confrontation. The main methods used to write the work: historical, comparative, statistical, method of analysis, synthesis. The results of this work turned out to be the following: the legislation regulating legal relations regarding bankruptcy was investigated, it was found out which subjects of economic activity are at risk of bankruptcy, and the impact of the war on the state of legal regulation of the economic sphere was investigated. A conclusion was made regarding the main shortcomings of the national bankruptcy legislation. The question of the possibility of preserving the debtor’s further reputation and the proportional satisfaction of creditors’ rights by following the bankruptcy procedure, which was developed in accordance with modern conditions, was also investigated. The possibility of compensation for losses from the side of the aggressor country for those enterprises that suffered losses and destruction as a result of Russian military aggression is also indicated. The expediency of introducing a moratorium on bankruptcy and the main disadvantages of this type of restriction are discussed. Further directions for improving and increasing the level of effectiveness of the legally provided mechanisms for the implementation of the bankruptcy procedure in the conditions of war on the territory of Ukraine are proposed. The results of research work can be used as a theoretical basis for further legislative developments in the field of bankruptcy.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The research relevance is determined by an increase in conflicts and tensions related to territorial, cultural and environmental issues affecting indigenous peoples. The research aims to analyse and systematize mediation and conflict resolution practices specific to indigenous peoples to develop more effective conflict resolution strategies that respect their rights and contribute to the sustainable development of indigenous communities. Case studies of conflicts involving indigenous peoples, as well as literature and statistical research to identify successful mediation and conflict resolution practices from different regions and countries, were employed in this research. The specifics of conflicts that arise between indigenous peoples and state or private entities are analysed, as well as the factors contributing to the emergence and escalation of such conflicts. A range of key aspects in the practice of mediation and conflict resolution among indigenous peoples have been identified. The analysis of case studies and literature revealed successful mediation practices, including the use of traditional conflict resolution systems, participation of representatives of indigenous peoples in decision-making, and respect for their cultural and legal characteristics. Challenges and obstacles faced by participants in mediation in the context of indigenous peoples were discussed. Recommendations were made for the development of effective conflict resolution strategies considering the specifics and needs of indigenous communities to promote peace, justice, and sustainable development in this area. Practical cases of successful mediation were analysed, and the main principles and methods used by mediators were considered. Emphasis is placed on justice and respect for the rights of indigenous peoples. Practical lessons from the experiences of the world’s indigenous peoples are a valuable guide for diplomats, researchers, and anyone interested in culturally and socially sensitive conflict resolution.
{"title":"Mediation and indigenous conflict resolution practices: Lessons from global indigenous communities","authors":"M. Zhomartkyzy","doi":"10.32518/sals3.2023.222","DOIUrl":"https://doi.org/10.32518/sals3.2023.222","url":null,"abstract":"The research relevance is determined by an increase in conflicts and tensions related to territorial, cultural and environmental issues affecting indigenous peoples. The research aims to analyse and systematize mediation and conflict resolution practices specific to indigenous peoples to develop more effective conflict resolution strategies that respect their rights and contribute to the sustainable development of indigenous communities. Case studies of conflicts involving indigenous peoples, as well as literature and statistical research to identify successful mediation and conflict resolution practices from different regions and countries, were employed in this research. The specifics of conflicts that arise between indigenous peoples and state or private entities are analysed, as well as the factors contributing to the emergence and escalation of such conflicts. A range of key aspects in the practice of mediation and conflict resolution among indigenous peoples have been identified. The analysis of case studies and literature revealed successful mediation practices, including the use of traditional conflict resolution systems, participation of representatives of indigenous peoples in decision-making, and respect for their cultural and legal characteristics. Challenges and obstacles faced by participants in mediation in the context of indigenous peoples were discussed. Recommendations were made for the development of effective conflict resolution strategies considering the specifics and needs of indigenous communities to promote peace, justice, and sustainable development in this area. Practical cases of successful mediation were analysed, and the main principles and methods used by mediators were considered. Emphasis is placed on justice and respect for the rights of indigenous peoples. Practical lessons from the experiences of the world’s indigenous peoples are a valuable guide for diplomats, researchers, and anyone interested in culturally and socially sensitive conflict resolution.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349284","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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