With the development of information technology and the spread of social networks, communication has become more accessible and faster, and therefore, social communications are becoming an increasingly relevant and important issue for modern society. The research aims to study the current state of social communications in Ukrainian and global society, considering their transformation and identifying development trends. The research was conducted using the methods of analysis, systematisation, deduction, generalisation, and surveying. The research provides knowledge on the current state of social communications in Ukrainian and global society. Various aspects of communication processes, their transformation and development trends were studied and analysed, which allowed to understand their role and impact on modern society. The study revealed the peculiarities of social communications in different contexts, such as war, revolution, and pandemic. Particular attention was paid to the impact of social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and TikTok, on the formation of public opinion, cultural stereotypes, and types of users on social media. The study was conducted to investigate the social communications of Ukrainians, including their activity on social media. The study helped to establish how social communications affect the interaction of various social groups and institutions, including political processes, civic engagement, and youth culture, as well as trends in social communications. The results of the study of social communications can be used by researchers to expand knowledge in the field of communications, develop new theories and approaches, and understand modern communication processes in society.
{"title":"The influence of social communications on the formation of public opinion of citizens during the war","authors":"Artem Halich, Olha Kutsevska, Oksana Korchagina, Olena Kravchenko, Nataliia Fiedotova","doi":"10.32518/sals3.2023.43","DOIUrl":"https://doi.org/10.32518/sals3.2023.43","url":null,"abstract":"With the development of information technology and the spread of social networks, communication has become more accessible and faster, and therefore, social communications are becoming an increasingly relevant and important issue for modern society. The research aims to study the current state of social communications in Ukrainian and global society, considering their transformation and identifying development trends. The research was conducted using the methods of analysis, systematisation, deduction, generalisation, and surveying. The research provides knowledge on the current state of social communications in Ukrainian and global society. Various aspects of communication processes, their transformation and development trends were studied and analysed, which allowed to understand their role and impact on modern society. The study revealed the peculiarities of social communications in different contexts, such as war, revolution, and pandemic. Particular attention was paid to the impact of social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and TikTok, on the formation of public opinion, cultural stereotypes, and types of users on social media. The study was conducted to investigate the social communications of Ukrainians, including their activity on social media. The study helped to establish how social communications affect the interaction of various social groups and institutions, including political processes, civic engagement, and youth culture, as well as trends in social communications. The results of the study of social communications can be used by researchers to expand knowledge in the field of communications, develop new theories and approaches, and understand modern communication processes in society.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"95 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349883","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 purpose of the study is to investigate how computer technology is used in legal practice. The primary techniques employed in this article are systematization, which made it possible to place the results in a logical order for understanding and reproduction of the researched, as well as analysis and synthesis for a literary review of thematic literature and the determination of the main scientific trends reflected in it. The study’s findings demonstrate how computer technology has improved the convenience, speed, visualization, and predictability of legal practice. The research’s practical significance lies in the fact that computer technology, specialized software, and mathematical techniques must be incorporated into law enforcement and law-making processes in order to collect, store, and process legal information in a way that best enables the provision of various legal services. In conclusion, digital computer technologies are developing in the legal field in a number of areas, including the automation of standard legal services, the use of online legal services, the digitalization of public services and their online provision, the shift to an e-justice system, modeling of legal solutions based on artificial intelligence, and more. The automation of many social processes is gaining momentum, including in the legal profession.
{"title":"Legal Tech: Unravelling the nature and purpose of modern law in the digital era","authors":"Valentyna Dudchenko, Yuliia Tsurkan-Saifulina, Kostiantyn Vitman","doi":"10.32518/sals3.2023.24","DOIUrl":"https://doi.org/10.32518/sals3.2023.24","url":null,"abstract":"The purpose of the study is to investigate how computer technology is used in legal practice. The primary techniques employed in this article are systematization, which made it possible to place the results in a logical order for understanding and reproduction of the researched, as well as analysis and synthesis for a literary review of thematic literature and the determination of the main scientific trends reflected in it. The study’s findings demonstrate how computer technology has improved the convenience, speed, visualization, and predictability of legal practice. The research’s practical significance lies in the fact that computer technology, specialized software, and mathematical techniques must be incorporated into law enforcement and law-making processes in order to collect, store, and process legal information in a way that best enables the provision of various legal services. In conclusion, digital computer technologies are developing in the legal field in a number of areas, including the automation of standard legal services, the use of online legal services, the digitalization of public services and their online provision, the shift to an e-justice system, modeling of legal solutions based on artificial intelligence, and more. The automation of many social processes is gaining momentum, including in the legal profession.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"199 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349984","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 light of recent events like the coronavirus pandemic and the Russian-Ukrainian war, which pose serious obstacles to the European Union’s ability to operate normally, research into the unique characteristics of the EU and future prospects for its growth and survival is especially pertinent. The purpose of the article was to learn about and examine the founding history of the European Union, the difficulties it has experienced throughout its existence, and the opportunities for it to continue to exist and develop as a special alliance of European nations. The main methods that were used in the work are the following: systematic, historical research method, forecasting method. The findings allowed for the construction of an understanding of the EU’s past, its subsequent formation, and the peculiarities associated with its institutional structure. The article also highlighted a number of challenges that accompanied the development of the European Union and how the EU struggled with their solutions, in particular, attention was mostly paid to three main ones: the withdrawal of Great Britain from the EU, the pandemic that was caused by the coronavirus infection, and also the ongoing Russian-Ukrainian war, expected and forthcoming energy and inflation crises, as well. A special place in the results of the article is the highlighting of the prospects for the further development against the background of modern problems that the European Union is facing. In particular, given a historical analysis of the functioning of the European Union, the main scenarios regarding the forms of further existence of the Union of European countries are proposed. The results of the work can be used in further research on relevant topics by historians, sociologists and lawyers as reference material for researching the peculiarities of the European Union.
{"title":"Consolidation and crisis: The evolution of the European Union’s legal framework in pursuing peace, stability, and unity amidst global challenges","authors":"Ljupcho Sotiroski","doi":"10.32518/sals3.2023.171","DOIUrl":"https://doi.org/10.32518/sals3.2023.171","url":null,"abstract":"In light of recent events like the coronavirus pandemic and the Russian-Ukrainian war, which pose serious obstacles to the European Union’s ability to operate normally, research into the unique characteristics of the EU and future prospects for its growth and survival is especially pertinent. The purpose of the article was to learn about and examine the founding history of the European Union, the difficulties it has experienced throughout its existence, and the opportunities for it to continue to exist and develop as a special alliance of European nations. The main methods that were used in the work are the following: systematic, historical research method, forecasting method. The findings allowed for the construction of an understanding of the EU’s past, its subsequent formation, and the peculiarities associated with its institutional structure. The article also highlighted a number of challenges that accompanied the development of the European Union and how the EU struggled with their solutions, in particular, attention was mostly paid to three main ones: the withdrawal of Great Britain from the EU, the pandemic that was caused by the coronavirus infection, and also the ongoing Russian-Ukrainian war, expected and forthcoming energy and inflation crises, as well. A special place in the results of the article is the highlighting of the prospects for the further development against the background of modern problems that the European Union is facing. In particular, given a historical analysis of the functioning of the European Union, the main scenarios regarding the forms of further existence of the Union of European countries are proposed. The results of the work can be used in further research on relevant topics by historians, sociologists and lawyers as reference material for researching the peculiarities of the European Union.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"133 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139350290","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}
Monocycles have become a means of micromobility and an environmentally friendly alternative in urban environments, but their design and operation challenge traditional traffic rules intended for conventional vehicles. There is a need for clear and adapted traffic regulations in the modern landscape of transport systems that consider the unique characteristics of unicycles. The research aims to explore the specifics and justify the importance of establishing road safety rules specifically for monowheels based on a comparative analysis of the laws and best practices of the United States, the European Union and Ukraine. The necessity of creating comprehensive guidelines that would consider the presence of monowheels on roads, bicycle paths and sidewalks is discussed in the article. The absence of special rules creating safety problems for both monowheel users and pedestrians is noted. The problems are identified, and potential solutions are proposed. The crucial role of adapted traffic rules in promoting safe and efficient coexistence in the modern transport ecosystem is emphasised. The author analyses the regulatory documents of the USA, the European Union and Ukraine regarding the legality of using electric unicycles and the responsibility of their owners and compares them. The problems encountered by monowheel users and other road users are identified and their comprehensive solution is proposed. The author highlights the areas which can be influenced to improve road safety for monowheel users in Ukraine and also suggests specific options for possibly borrowing of practical experience of the USA and the European Union countries regarding the traffic rules for monowheel users. The practical significance of the article lies in promoting the safe and informed use of electric unicycles by streamlining the legislative framework, establishing clear rules of operation, and conducting fiscal discussions and educational activities. The study can be a valuable asset for owners and users of electric unicycles, as well as for government agencies and legislators.
{"title":"Certain issues of road traffic safety liability","authors":"Vasyl Parasiuk, Volodymyr Kohut, Rostyslav Boryslavskyi","doi":"10.32518/sals3.2023.111","DOIUrl":"https://doi.org/10.32518/sals3.2023.111","url":null,"abstract":"Monocycles have become a means of micromobility and an environmentally friendly alternative in urban environments, but their design and operation challenge traditional traffic rules intended for conventional vehicles. There is a need for clear and adapted traffic regulations in the modern landscape of transport systems that consider the unique characteristics of unicycles. The research aims to explore the specifics and justify the importance of establishing road safety rules specifically for monowheels based on a comparative analysis of the laws and best practices of the United States, the European Union and Ukraine. The necessity of creating comprehensive guidelines that would consider the presence of monowheels on roads, bicycle paths and sidewalks is discussed in the article. The absence of special rules creating safety problems for both monowheel users and pedestrians is noted. The problems are identified, and potential solutions are proposed. The crucial role of adapted traffic rules in promoting safe and efficient coexistence in the modern transport ecosystem is emphasised. The author analyses the regulatory documents of the USA, the European Union and Ukraine regarding the legality of using electric unicycles and the responsibility of their owners and compares them. The problems encountered by monowheel users and other road users are identified and their comprehensive solution is proposed. The author highlights the areas which can be influenced to improve road safety for monowheel users in Ukraine and also suggests specific options for possibly borrowing of practical experience of the USA and the European Union countries regarding the traffic rules for monowheel users. The practical significance of the article lies in promoting the safe and informed use of electric unicycles by streamlining the legislative framework, establishing clear rules of operation, and conducting fiscal discussions and educational activities. The study can be a valuable asset for owners and users of electric unicycles, as well as for government agencies and legislators.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139350423","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 discriminatory attitude towards a certain category of professionals, namely, the establishment of research and teaching staff with different amounts of research allowances, depending on the subordination and type of educational institution in Ukraine, determined the necessity to find a basis for a fair settlement of this situation. The research aims to substantiate the establishment of legally determined amounts of research allowances for police officers seconded to higher education institutions under the authority of the Ministry of Internal Affairs of Ukraine. The key research methods used are systemic and structural analysis, which was used to study and summarise the legal acts establishing the number of research allowances for academic staff who directly provide educational and research processes in higher education institutions of dual subordination. The violation of guarantees of the research and teaching staff rights of police officers seconded to higher education institutions, in particular, the establishment of a lower amount of research allowances than provided for by current legislation, is described in the article. The author argues that the content of remuneration should be determined primarily by the tasks and functions performed by an employee directly, rather than indirectly. It is proved that the amounts of additional payments for academic degrees and academic ranks established in the by-laws of the Ministry of Internal Affairs and the National Police apply to all police officers who have been awarded academic degrees and academic ranks and who serve in the police. For police officers seconded to higher education institutions with specific study conditions, such additional payments should be established considering the state minimum guarantees following the Laws of Ukraine’s “On Higher Education” and “On Education”. The author proves that concerning the regulation of remuneration of the latter, it is the legislative provisions that are special, and not the provisions of departmental by-laws, and therefore, departmental by-laws should not be applied in the event of competition of legal norms. The research materials provide a theoretical and practical basis for resolving disputes regarding the determination of the number of scientific allowances for police officers.
{"title":"Settlement of scientific allowances for police officers seconded to higher education institutions","authors":"Оleksandr Kondratіuk","doi":"10.32518/sals2.2023.32","DOIUrl":"https://doi.org/10.32518/sals2.2023.32","url":null,"abstract":"The discriminatory attitude towards a certain category of professionals, namely, the establishment of research and teaching staff with different amounts of research allowances, depending on the subordination and type of educational institution in Ukraine, determined the necessity to find a basis for a fair settlement of this situation. The research aims to substantiate the establishment of legally determined amounts of research allowances for police officers seconded to higher education institutions under the authority of the Ministry of Internal Affairs of Ukraine. The key research methods used are systemic and structural analysis, which was used to study and summarise the legal acts establishing the number of research allowances for academic staff who directly provide educational and research processes in higher education institutions of dual subordination. The violation of guarantees of the research and teaching staff rights of police officers seconded to higher education institutions, in particular, the establishment of a lower amount of research allowances than provided for by current legislation, is described in the article. The author argues that the content of remuneration should be determined primarily by the tasks and functions performed by an employee directly, rather than indirectly. It is proved that the amounts of additional payments for academic degrees and academic ranks established in the by-laws of the Ministry of Internal Affairs and the National Police apply to all police officers who have been awarded academic degrees and academic ranks and who serve in the police. For police officers seconded to higher education institutions with specific study conditions, such additional payments should be established considering the state minimum guarantees following the Laws of Ukraine’s “On Higher Education” and “On Education”. The author proves that concerning the regulation of remuneration of the latter, it is the legislative provisions that are special, and not the provisions of departmental by-laws, and therefore, departmental by-laws should not be applied in the event of competition of legal norms. The research materials provide a theoretical and practical basis for resolving disputes regarding the determination of the number of scientific allowances for police officers.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134580242","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 definition of protected areas as legal entities is not defined at the legislative level, which significantly reduces the range of tools for protecting the corresponding territories from abuses and loopholes in the current legislation regarding the scope and methods of utilizing their natural potential. The study focuses on an analysis of the concept of the “legal personality” of protected areas in Ukraine, considering the requirements of current legislation to address the restoration and protection of the rights of the protected areas through judicial and extrajudicial procedures. For a comprehensive analysis of market dynamics with minimal variations between studies, a quantitative literature review, including meta-analysis, was conducted. The main directions of post-war market revival were identified and the feasibility of adapting these strategies to the Ukrainian economy was evaluated using a comparative method. The research asserts that granting legal personality status to protected areas would contribute to the protection of their rights, as it would enable their identification as independent participants in economic relations and provide them with the necessary mechanisms to protect their territories. The necessity of introducing the concept of “legal personality” at the legislative level for protected areas is substantiated, which would not only help identify the most violated rights of protected areas but also promote increased investments in this sector. The practical significance of the study is determined by recommendations regarding the legitimizing protected areas as legal entities and having a clear normative and legal basis would ensure the establishment of a transparent form of judicial and extrajudicial protection and restoration of violated rights of protected territories.
{"title":"Recognition of protected areas as legal entities as a way to stop protected area genocide","authors":"Tetyana Nikolaychuk","doi":"10.32518/sals2.2023.39","DOIUrl":"https://doi.org/10.32518/sals2.2023.39","url":null,"abstract":"The definition of protected areas as legal entities is not defined at the legislative level, which significantly reduces the range of tools for protecting the corresponding territories from abuses and loopholes in the current legislation regarding the scope and methods of utilizing their natural potential. The study focuses on an analysis of the concept of the “legal personality” of protected areas in Ukraine, considering the requirements of current legislation to address the restoration and protection of the rights of the protected areas through judicial and extrajudicial procedures. For a comprehensive analysis of market dynamics with minimal variations between studies, a quantitative literature review, including meta-analysis, was conducted. The main directions of post-war market revival were identified and the feasibility of adapting these strategies to the Ukrainian economy was evaluated using a comparative method. The research asserts that granting legal personality status to protected areas would contribute to the protection of their rights, as it would enable their identification as independent participants in economic relations and provide them with the necessary mechanisms to protect their territories. The necessity of introducing the concept of “legal personality” at the legislative level for protected areas is substantiated, which would not only help identify the most violated rights of protected areas but also promote increased investments in this sector. The practical significance of the study is determined by recommendations regarding the legitimizing protected areas as legal entities and having a clear normative and legal basis would ensure the establishment of a transparent form of judicial and extrajudicial protection and restoration of violated rights of protected territories.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123963478","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 paper lies in the emergence of a new type of fascism in the Russian Federation – ruscism, which in the 21st century returned humanity to the understanding that the revival of the most dangerous forms of the state-legal regime is possible. The purpose of the study is to define ruscism, analyse its origin as a separate phenomenon and the development of constituent elements, and identify similar and distinctive features with classical fascism and its varieties. Methods of dialectics, analysis, synthesis, induction, deduction, generalisation, and analogy are used as methodological tools. Historical and comparative approaches allow investigating the evolution of the origin and development of ruscism, identifying its common and distinctive features with classical fascism and its varieties. There are clear signs of fascism and its varieties. The paper examines the convergence of fascism with the Russian world, Russian imperial chauvinism, and criminal practices of the communist regime of the Union of Soviet Socialist Republics. It is established that the result of the ruscist regime was the creation of a totalitarian repressive militaristic state in Russia, which unleashed aggressive wars against Georgia and Ukraine. The study highlights the systematic violations of international law, human rights, and fundamental freedoms inherent in the ruscist regime, and the implementation of the policy of genocide of the Ukrainian people. The definition of ruscism is formulated and the history of the development of both its individual constituent elements and it as an integral phenomenon is considered. The practical value of the study is to unify the use of the definition of ruscism both at the scientific and legislative levels to condemn and prohibit it as a criminal, misogynistic ideology and a form of state-legal regime.
{"title":"Ruscism as a variant of the fascist form of state-legal regime","authors":"N. Rudyi","doi":"10.32518/sals2.2023.55","DOIUrl":"https://doi.org/10.32518/sals2.2023.55","url":null,"abstract":"The relevance of the paper lies in the emergence of a new type of fascism in the Russian Federation – ruscism, which in the 21st century returned humanity to the understanding that the revival of the most dangerous forms of the state-legal regime is possible. The purpose of the study is to define ruscism, analyse its origin as a separate phenomenon and the development of constituent elements, and identify similar and distinctive features with classical fascism and its varieties. Methods of dialectics, analysis, synthesis, induction, deduction, generalisation, and analogy are used as methodological tools. Historical and comparative approaches allow investigating the evolution of the origin and development of ruscism, identifying its common and distinctive features with classical fascism and its varieties. There are clear signs of fascism and its varieties. The paper examines the convergence of fascism with the Russian world, Russian imperial chauvinism, and criminal practices of the communist regime of the Union of Soviet Socialist Republics. It is established that the result of the ruscist regime was the creation of a totalitarian repressive militaristic state in Russia, which unleashed aggressive wars against Georgia and Ukraine. The study highlights the systematic violations of international law, human rights, and fundamental freedoms inherent in the ruscist regime, and the implementation of the policy of genocide of the Ukrainian people. The definition of ruscism is formulated and the history of the development of both its individual constituent elements and it as an integral phenomenon is considered. The practical value of the study is to unify the use of the definition of ruscism both at the scientific and legislative levels to condemn and prohibit it as a criminal, misogynistic ideology and a form of state-legal regime.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"53 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116839565","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}
Due to the lack of clear regulation of the procedure for registration of land ownership on various grounds of privatisation, the Decree of the Cabinet of Ministers of Ukraine of December 26, 1992, No. 15-92 “On privatisation of land plots” has become one of the most problematic legislative acts in Ukraine. That is why there was a need to distinguish between two procedures for the privatisation of land plots: according to the above-mentioned Decree and in accordance with the Land Code. The purpose of the study is to highlight the differences in the legal procedures for privatising land plots transferred to the ownership of citizens based on Decree No. 15-92 and in accordance with paragraph 5 of Article 17 of the Land Code of Ukraine of 1990 as amended on March 13, 1992, and later – Article 118 of the Land Code of Ukraine. The analysis of the practice of the Supreme Court on the application of Decree No. 15-92 and the Land Code of Ukraine in various versions, highlights the general trend in court decisions and describes individual cases that occurred in the judicial practice of higher instances. As a result of the study, it was established that the procedures for transferring land plots to the ownership of citizens based on Decree No. 15-92 and the Land Code of Ukraine differ. Privatisation based on Decree No. 15-92 is a specific simplified form of land transfer to ownership. It is noted that the legislation does not contain a clear regulation of the procedure for transferring land plots to private ownership, if privatisation was initiated based on the rules of Decree No. 15-92, there are a substantial number of legal disputes that are resolved in court. It is proved that the vast practice of the Supreme Court on privatisation issues is not always consistent, and legal conclusions are not systematised; simultaneously, the general trend towards resolving such legal disputes is consistent and understandable. Based on the conclusions of the Supreme Court, the procedure for privatisation under the rules of the Decree was systematised, the procedures for privatisation under the Decree and the Land Code of Ukraine were delineated, documents certifying the right of ownership were identified, and ways to confirm the existence of property rights/legitimate interests to land plots, the right of ownership/use to which arose in connection with the entry into force of Decree No. 15-92 were named. The practical importance of the results obtained lies in the possibility of using them to protect the rights of citizens to land plots, residential buildings and structures located on such plots in judicial and administrative procedures.
{"title":"Legal aspects of protection of rights to land plots that were transferred to private ownership based on the provisions of Decree of the Cabinet of Ministers of Ukraine No. 15-92","authors":"D. Zabzaliuk, I. Besaha","doi":"10.32518/sals2.2023.17","DOIUrl":"https://doi.org/10.32518/sals2.2023.17","url":null,"abstract":"Due to the lack of clear regulation of the procedure for registration of land ownership on various grounds of privatisation, the Decree of the Cabinet of Ministers of Ukraine of December 26, 1992, No. 15-92 “On privatisation of land plots” has become one of the most problematic legislative acts in Ukraine. That is why there was a need to distinguish between two procedures for the privatisation of land plots: according to the above-mentioned Decree and in accordance with the Land Code. The purpose of the study is to highlight the differences in the legal procedures for privatising land plots transferred to the ownership of citizens based on Decree No. 15-92 and in accordance with paragraph 5 of Article 17 of the Land Code of Ukraine of 1990 as amended on March 13, 1992, and later – Article 118 of the Land Code of Ukraine. The analysis of the practice of the Supreme Court on the application of Decree No. 15-92 and the Land Code of Ukraine in various versions, highlights the general trend in court decisions and describes individual cases that occurred in the judicial practice of higher instances. As a result of the study, it was established that the procedures for transferring land plots to the ownership of citizens based on Decree No. 15-92 and the Land Code of Ukraine differ. Privatisation based on Decree No. 15-92 is a specific simplified form of land transfer to ownership. It is noted that the legislation does not contain a clear regulation of the procedure for transferring land plots to private ownership, if privatisation was initiated based on the rules of Decree No. 15-92, there are a substantial number of legal disputes that are resolved in court. It is proved that the vast practice of the Supreme Court on privatisation issues is not always consistent, and legal conclusions are not systematised; simultaneously, the general trend towards resolving such legal disputes is consistent and understandable. Based on the conclusions of the Supreme Court, the procedure for privatisation under the rules of the Decree was systematised, the procedures for privatisation under the Decree and the Land Code of Ukraine were delineated, documents certifying the right of ownership were identified, and ways to confirm the existence of property rights/legitimate interests to land plots, the right of ownership/use to which arose in connection with the entry into force of Decree No. 15-92 were named. The practical importance of the results obtained lies in the possibility of using them to protect the rights of citizens to land plots, residential buildings and structures located on such plots in judicial and administrative procedures.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129500224","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}
Ukraine’s economy quickly integrated into the system of shadow financial flows and used standard tools to manipulate export and import prices and financial instruments. In terms of cumulative outflows of shadow capital, Ukraine is among the top twenty countries. The research relevance is predefined by the main directions of legalization of economic processes, including in the segment of shadow imports, which involve the formation of optimal institutional strategies for the behaviour of social agents (government and business). The research aims to select the Government’s strategy for legalizing unorganized imports, which will allow the establishment of effective interaction between social agents on mutually beneficial terms. Research methods include mathematical analysis and game theory, used to build mathematical models, which reveal the intrinsic rationality of individual interactions, aggregating a set of social situations into several options and reducing the uncertainty of a set of behavioural options to a clear and stable pattern of regular interaction. The results showed that the level of employees’ salaries is not crucial for overcoming shadow imports, but the level of integrity of customs officers is a more important indicator. The article shows that the mechanism of legalization of shadow operations (in particular, unorganized imports) should be based not only on economic but also on social parameters: the level of moral and professional principles of customs officers. The practical value of the research results is to improve the mechanisms of legalization of unorganized imports in Ukraine.
{"title":"Model of interaction between the government and business towards legalization of unorganized imports","authors":"Mariya Kirzhetska, Y. Kirzhetskyy","doi":"10.32518/sals2.2023.25","DOIUrl":"https://doi.org/10.32518/sals2.2023.25","url":null,"abstract":"Ukraine’s economy quickly integrated into the system of shadow financial flows and used standard tools to manipulate export and import prices and financial instruments. In terms of cumulative outflows of shadow capital, Ukraine is among the top twenty countries. The research relevance is predefined by the main directions of legalization of economic processes, including in the segment of shadow imports, which involve the formation of optimal institutional strategies for the behaviour of social agents (government and business). The research aims to select the Government’s strategy for legalizing unorganized imports, which will allow the establishment of effective interaction between social agents on mutually beneficial terms. Research methods include mathematical analysis and game theory, used to build mathematical models, which reveal the intrinsic rationality of individual interactions, aggregating a set of social situations into several options and reducing the uncertainty of a set of behavioural options to a clear and stable pattern of regular interaction. The results showed that the level of employees’ salaries is not crucial for overcoming shadow imports, but the level of integrity of customs officers is a more important indicator. The article shows that the mechanism of legalization of shadow operations (in particular, unorganized imports) should be based not only on economic but also on social parameters: the level of moral and professional principles of customs officers. The practical value of the research results is to improve the mechanisms of legalization of unorganized imports in Ukraine.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130309782","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 : 2022-12-26DOI: 10.32518/2617-4162-2022-5-4-33-38
O. Marmura
The Criminal Code of Ukraine provides for several special provisions on liability for violations against human life and health committed in the healthcare sphere, the application of which gives rise to many difficulties and law enforcement errors. However, the lack of consistency of such provisions establishes risks of non-compliance with the principle of fairness in bringing a person to criminal liability and imposing punishment. The purpose of the research is to identify the most optimal solution to the problem of legislative regulation of liability for causing harm or establishing a threat of harm in the healthcare sphere. The key research method is a logical and legal study of the Ukrainian criminal law provisions related to liability for healthcare offences. Based on the results of the study, it is proposed to construct Articles 134, 139, 140, 142 and 143 of the Criminal Code of Ukraine according to the same scheme: in the third part of Article 134 and the first parts of the rest of these provisions, criminal liability for the acts provided for therein should be linked to the establishment of a danger to the patient’s life or the threat of causing serious bodily harm; in the following parts of these provisions, to provide for the rules on qualified criminal offences under the scheme “the same act if it caused moderate or serious bodily harm”, and the rules on particularly qualified criminal offences under the scheme “the same act if it caused the death of the patient”. Based on the current sanctions of these provisions, and the sanctions of the general provisions on criminal liability for negligent infliction of bodily harm, the author proposes typical penalty limits for the proposed provisions. The author substantiates the expediency of excluding Articles 132, 141 and 145 of the Criminal Code of Ukraine. The conclusions drawn within the framework of this research can be used in lawmaking activities to develop amendments to the Criminal Code of Ukraine, and in law enforcement activities to qualify criminal offences committed in the healthcare sphere.
{"title":"Problems of regulating liability for criminal offences against the life and health of a person committed in the sphere of healthcare","authors":"O. Marmura","doi":"10.32518/2617-4162-2022-5-4-33-38","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-33-38","url":null,"abstract":"The Criminal Code of Ukraine provides for several special provisions on liability for violations against human life and health committed in the healthcare sphere, the application of which gives rise to many difficulties and law enforcement errors. However, the lack of consistency of such provisions establishes risks of non-compliance with the principle of fairness in bringing a person to criminal liability and imposing punishment. The purpose of the research is to identify the most optimal solution to the problem of legislative regulation of liability for causing harm or establishing a threat of harm in the healthcare sphere. The key research method is a logical and legal study of the Ukrainian criminal law provisions related to liability for healthcare offences. Based on the results of the study, it is proposed to construct Articles 134, 139, 140, 142 and 143 of the Criminal Code of Ukraine according to the same scheme: in the third part of Article 134 and the first parts of the rest of these provisions, criminal liability for the acts provided for therein should be linked to the establishment of a danger to the patient’s life or the threat of causing serious bodily harm; in the following parts of these provisions, to provide for the rules on qualified criminal offences under the scheme “the same act if it caused moderate or serious bodily harm”, and the rules on particularly qualified criminal offences under the scheme “the same act if it caused the death of the patient”. Based on the current sanctions of these provisions, and the sanctions of the general provisions on criminal liability for negligent infliction of bodily harm, the author proposes typical penalty limits for the proposed provisions. The author substantiates the expediency of excluding Articles 132, 141 and 145 of the Criminal Code of Ukraine. The conclusions drawn within the framework of this research can be used in lawmaking activities to develop amendments to the Criminal Code of Ukraine, and in law enforcement activities to qualify criminal offences committed in the healthcare sphere.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124901877","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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