Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.273615
D. Zaika
The relevance of the article lies in the fact that new phenomena in the field of work of IT employees make it necessary to adapt and update institutions of labor law in order to preserve the effectiveness of legal regulation of labor relations by state bodies. Since the beginning of the full-scale invasion, Ukrainian workers and employers have been doing their best to adapt to new living and working conditions. The realities of war forced the national business to become more flexible and able to adapt quickly. In addition, the IT sector is rapidly developing in the conditions of digitization of society and production processes, so new professions and positions are emerging. Generalization and systematization of IT workers will make it possible to conduct an in-depth analysis of them as subjects of labor law. Therefore, the purpose of this article is to create a comprehensive classification of IT employees. In order to achieve this goal, the work was carried out in two stages: 1) determination of the role of classification in labor law; 2) identification of criteria for classification of IT workers. To solve the tasks of the article, the comparison method was used (allows you to compare IT specialists with each other according to selected criteria), interdisciplinary synthesis (allows you to synthesize data on the structural properties of objects of different disciplines, namely labor law and legal theory), the method of isolating abstraction ( makes it possible to single out some characteristics of IT workers, as a result of which a technical IT worker will be considered as a separate type of worker in this field), the specification method (allows you to check the correctness of the ideas obtained as a result of abstraction about the properties of real objects and to single out their essential connections ties, properties and relations), generalization (allows to extend the general characteristics of a group of objects to all objects of the set of IT workers, as well as to highlight the essential characteristics of individual types of IT workers), teleological method (allows to analyze the content of the legal prescription, revealing and revealing the goals of the adoption of the legal norm and, in relation to it, the grammatical and logical essence the legislator's formulations contained in the texts of normative and legal prescriptions), the comparative legal method (it makes it possible to compare legal concepts, phenomena and processes, to find out similarities and/or differences between them). During the study, the concept of "IT worker" was analyzed, the concept of "classification" was studied, two essential features (criteria) were identified for the classification of IT workers (by professional groups and by qualification level), the types of IT workers were determined in accordance with the established criteria In addition, the concept of "IT employee" was distinguished from the related concepts of "gig specialist", "IT specialist", "IT
{"title":"On the Issue of the Classification of IT Sphere Employees","authors":"D. Zaika","doi":"10.21564/2414-990x.160.273615","DOIUrl":"https://doi.org/10.21564/2414-990x.160.273615","url":null,"abstract":"The relevance of the article lies in the fact that new phenomena in the field of work of IT employees make it necessary to adapt and update institutions of labor law in order to preserve the effectiveness of legal regulation of labor relations by state bodies. Since the beginning of the full-scale invasion, Ukrainian workers and employers have been doing their best to adapt to new living and working conditions. The realities of war forced the national business to become more flexible and able to adapt quickly. In addition, the IT sector is rapidly developing in the conditions of digitization of society and production processes, so new professions and positions are emerging. Generalization and systematization of IT workers will make it possible to conduct an in-depth analysis of them as subjects of labor law. Therefore, the purpose of this article is to create a comprehensive classification of IT employees. In order to achieve this goal, the work was carried out in two stages: 1) determination of the role of classification in labor law; 2) identification of criteria for classification of IT workers. To solve the tasks of the article, the comparison method was used (allows you to compare IT specialists with each other according to selected criteria), interdisciplinary synthesis (allows you to synthesize data on the structural properties of objects of different disciplines, namely labor law and legal theory), the method of isolating abstraction ( makes it possible to single out some characteristics of IT workers, as a result of which a technical IT worker will be considered as a separate type of worker in this field), the specification method (allows you to check the correctness of the ideas obtained as a result of abstraction about the properties of real objects and to single out their essential connections ties, properties and relations), generalization (allows to extend the general characteristics of a group of objects to all objects of the set of IT workers, as well as to highlight the essential characteristics of individual types of IT workers), teleological method (allows to analyze the content of the legal prescription, revealing and revealing the goals of the adoption of the legal norm and, in relation to it, the grammatical and logical essence the legislator's formulations contained in the texts of normative and legal prescriptions), the comparative legal method (it makes it possible to compare legal concepts, phenomena and processes, to find out similarities and/or differences between them). During the study, the concept of \"IT worker\" was analyzed, the concept of \"classification\" was studied, two essential features (criteria) were identified for the classification of IT workers (by professional groups and by qualification level), the types of IT workers were determined in accordance with the established criteria In addition, the concept of \"IT employee\" was distinguished from the related concepts of \"gig specialist\", \"IT specialist\", \"IT ","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130149391","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 : 2023-03-30DOI: 10.21564/2414-990x.160.274518
I. Yakoviyk, Maksym Tsvelikh
Over the past decades, Russia has used the supply, ownership and control of energy resources as an instrument of its foreign policy to strengthen its political influence not only in the post-Soviet space, but also in the EU member states. During the unprovoked Russian aggression against Ukraine, Moscow used energy policy as an energy weapon (demanding to pay for gas in rubles; stopping gas supplies to certain EU member states, including Poland, Bulgaria, and Finland; reducing the volume of supplies through the Nord Stream pipeline; ignoring the capacities of the Ukrainian GTS; provoking an increase in gas prices), which resulted in an acute energy crisis in the European Union. This prompted the EU and national governments of its member states to make significant adjustments to their energy policies in order to overcome the crisis and prevent gas blackmail by European states as a manipulation to circumvent anti-Russian sanctions and political pressure to withdraw support for Ukraine. The purpose of the article is to study the problems of ensuring the energy security of the European Union and its member states in the context of the energy crisis caused by Russia's aggression against Ukraine. The article is aimed at studying the impact of Russian aggression on the EU's energy security, assessing the state of the Energy Union in 2022, and analyzing short-term and long-term strategies in the development of relevant supranational and national energy policies, mainly from a European perspective. Modern European national and supranational energy and climate strategies envisage postponing the phase-out of coal, oil, gas and nuclear power, while accelerating the deployment of renewable energy, improving energy efficiency and a mandatory commitment to increase energy storage. The European Union and its member states are overcoming the consequences of the energy crisis by developing and implementing national strategies, the REPowerEU plan, as well as a number of other measures to reduce energy prices and ensure security of supply. The REPowerEU plan is fully in line with the European Green Deal and includes measures to save energy, diversify and ensure security of supply, accelerate the deployment of renewable energy sources and a reasonable mix of investment and reform. The modernization of the EU's energy policy is aligned with the EU's long-term climate goals. The EU also supports new partnerships with neighboring countries, including Ukraine, to accelerate the global transition to green and fair energy.
{"title":"Energy Security of the European Union in the Context of Russian Aggression against Ukraine","authors":"I. Yakoviyk, Maksym Tsvelikh","doi":"10.21564/2414-990x.160.274518","DOIUrl":"https://doi.org/10.21564/2414-990x.160.274518","url":null,"abstract":"Over the past decades, Russia has used the supply, ownership and control of energy resources as an instrument of its foreign policy to strengthen its political influence not only in the post-Soviet space, but also in the EU member states. During the unprovoked Russian aggression against Ukraine, Moscow used energy policy as an energy weapon (demanding to pay for gas in rubles; stopping gas supplies to certain EU member states, including Poland, Bulgaria, and Finland; reducing the volume of supplies through the Nord Stream pipeline; ignoring the capacities of the Ukrainian GTS; provoking an increase in gas prices), which resulted in an acute energy crisis in the European Union. This prompted the EU and national governments of its member states to make significant adjustments to their energy policies in order to overcome the crisis and prevent gas blackmail by European states as a manipulation to circumvent anti-Russian sanctions and political pressure to withdraw support for Ukraine. The purpose of the article is to study the problems of ensuring the energy security of the European Union and its member states in the context of the energy crisis caused by Russia's aggression against Ukraine. The article is aimed at studying the impact of Russian aggression on the EU's energy security, assessing the state of the Energy Union in 2022, and analyzing short-term and long-term strategies in the development of relevant supranational and national energy policies, mainly from a European perspective. Modern European national and supranational energy and climate strategies envisage postponing the phase-out of coal, oil, gas and nuclear power, while accelerating the deployment of renewable energy, improving energy efficiency and a mandatory commitment to increase energy storage. The European Union and its member states are overcoming the consequences of the energy crisis by developing and implementing national strategies, the REPowerEU plan, as well as a number of other measures to reduce energy prices and ensure security of supply. The REPowerEU plan is fully in line with the European Green Deal and includes measures to save energy, diversify and ensure security of supply, accelerate the deployment of renewable energy sources and a reasonable mix of investment and reform. The modernization of the EU's energy policy is aligned with the EU's long-term climate goals. The EU also supports new partnerships with neighboring countries, including Ukraine, to accelerate the global transition to green and fair energy.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133061197","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 : 2023-03-30DOI: 10.21564/2414-990x.160.274298
I. Protsiuk, D. Boichuk, D. Chyzhov
The article is devoted to the analysis of the essence and purpose of the social state, as a state of general well-being, which is one of the key aspects of the perception of the state based on the principle of the rule of law (rule of law). The subject of the research is the following categories of jurisprudence: social legal state, European social model, European social space, social policy of the state. The purpose of the article is to analyze the main features of the social state as a model of the ideal state, the social policy of the state, the European social model, domestic achievements, problems and providing proposals for the fastest entry of Ukraine into the European social space. The research uses dialectical, systemic, structural-functional, logical, historical, comparative-legal, theoretical modeling and other methods traditional for jurisprudence. Some aspects of the development of social statehood in Ukraine are studied, namely the activity of such an institution of civil society as the volunteer movement and its influence on the formation of such a state, as well as the implementation of the social function of the state in relation to persons with disabilities. The experience of the European Union in the spheres of social protection and environmental human rights is considered. The need for further adaptation of the main foundations of the country's social direction of our state to the European social space has been identified. Based on the conducted research, the following conclusions were formulated: the welfare state marks a certain historical stage in the development of the concept of a democratic, legal state; the functioning of such a state, at the current stage of society's development, is possible in the presence of an appropriate model of the social market economy, which ensures the stability of modern society and its sustainable development; the improvement of the legal foundations of the social state at the current stage should take place taking into account the tendency to "green" the democratic, legal state, as well as the formation of the European social model and integration into the European social space; within the social sphere of such a state, the implementation of socio-economic and environmental rights enshrined at the constitutional level should be guaranteed. Recommendations are given on borrowing the experience of European countries in building a social state in Ukraine, ensuring the rights of vulnerable categories of Ukrainian citizens, along with state authorities and local self government bodies, as well as civil society institutions.
本文致力于分析社会国家的本质和目的，作为一种普遍幸福的国家，这是基于法治原则(rule of law)的国家感知的关键方面之一。研究的主题是以下法理学范畴:社会法律国家、欧洲社会模式、欧洲社会空间、国家的社会政策。本文的目的是分析作为理想国家典范的社会国家的主要特征、国家的社会政策、欧洲的社会模式、国内的成就、存在的问题，为乌克兰以最快的速度进入欧洲的社会空间提供建议。本研究采用了辩证、系统、结构功能、逻辑、历史、比较法、理论建模等法理学传统方法。研究了乌克兰社会国家发展的某些方面，即志愿者运动等民间社会机构的活动及其对形成这种国家的影响，以及国家在残疾人方面履行社会职能的情况。审议了欧洲联盟在社会保护和环境人权领域的经验。已经确定有必要进一步使我国社会方向的主要基础适应欧洲社会空间。根据所进行的研究，得出以下结论:福利国家标志着民主法治国家概念发展的一定历史阶段;在社会发展的当前阶段，这样一个国家的运作是可能的，因为存在着一种适当的社会市场经济模式，它确保了现代社会的稳定及其可持续发展;现阶段社会国家法律基础的完善应考虑到民主法治国家的“绿色化”趋势，以及欧洲社会模式的形成和融入欧洲社会空间;在这样一个国家的社会领域内，应保障宪法一级所载的社会经济和环境权利的执行。建议借鉴欧洲国家在乌克兰建立社会国家的经验，确保乌克兰公民的弱势群体，以及国家当局和地方自治机构以及民间社会机构的权利。
{"title":"Ukraine’s Integration into the European Social Space: Problems and Prospects","authors":"I. Protsiuk, D. Boichuk, D. Chyzhov","doi":"10.21564/2414-990x.160.274298","DOIUrl":"https://doi.org/10.21564/2414-990x.160.274298","url":null,"abstract":"The article is devoted to the analysis of the essence and purpose of the social state, as a state of general well-being, which is one of the key aspects of the perception of the state based on the principle of the rule of law (rule of law). The subject of the research is the following categories of jurisprudence: social legal state, European social model, European social space, social policy of the state. The purpose of the article is to analyze the main features of the social state as a model of the ideal state, the social policy of the state, the European social model, domestic achievements, problems and providing proposals for the fastest entry of Ukraine into the European social space. The research uses dialectical, systemic, structural-functional, logical, historical, comparative-legal, theoretical modeling and other methods traditional for jurisprudence. Some aspects of the development of social statehood in Ukraine are studied, namely the activity of such an institution of civil society as the volunteer movement and its influence on the formation of such a state, as well as the implementation of the social function of the state in relation to persons with disabilities. The experience of the European Union in the spheres of social protection and environmental human rights is considered. The need for further adaptation of the main foundations of the country's social direction of our state to the European social space has been identified. Based on the conducted research, the following conclusions were formulated: the welfare state marks a certain historical stage in the development of the concept of a democratic, legal state; the functioning of such a state, at the current stage of society's development, is possible in the presence of an appropriate model of the social market economy, which ensures the stability of modern society and its sustainable development; the improvement of the legal foundations of the social state at the current stage should take place taking into account the tendency to \"green\" the democratic, legal state, as well as the formation of the European social model and integration into the European social space; within the social sphere of such a state, the implementation of socio-economic and environmental rights enshrined at the constitutional level should be guaranteed. Recommendations are given on borrowing the experience of European countries in building a social state in Ukraine, ensuring the rights of vulnerable categories of Ukrainian citizens, along with state authorities and local self government bodies, as well as civil society institutions.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128397082","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 : 2022-12-25DOI: 10.21564/2414-990x.159.269738
I. Balakarieva, N. Pysarenko, Andriy Shkolyk
The paper makes an attempt to identify the essence of the principle of ex officio investigation, which is considered common to administrative procedure and administrative proceedings. The authors set the task of analyzing not only the similar manifestations of this principle in the procedure and proceedings. An equally important for understanding the essence of the principle, and therefore the correct application of procedural and processual norms, is, according to the authors, to distinguish its different manifestations that cannot be ignored, because this principle forms the basis for the activities of representatives of various branches of power, namely executive and judicial. In order to perform the stated task, the paper analyzes among the rules of the Law of Ukraine "On Administrative Procedure" and the Code of Administrative Proceedings of Ukraine those that characterize the considered principle, it is demonstrated in comparison how the representatives of each branch of power use them. As a result, the paper states that the representatives of executive and judicial authorities, under the influence of the principle of ex officio investigation, demonstrate evident activity in proceedings: they are authorized to take actions on their own, without obtaining the consent of the interested parties, which guarantee that the decision made by them in the case will fully meet the requirements declared at the regulatory level. At the same time, such activity is ensured by norms formulated taking into account the nature of the activities of each of the subjects of power, and therefore, in its manifestations, it cannot be recognized as identical.
{"title":"The principle of ex officio investigation on the administrative and judicial authorities","authors":"I. Balakarieva, N. Pysarenko, Andriy Shkolyk","doi":"10.21564/2414-990x.159.269738","DOIUrl":"https://doi.org/10.21564/2414-990x.159.269738","url":null,"abstract":"The paper makes an attempt to identify the essence of the principle of ex officio investigation, which is considered common to administrative procedure and administrative proceedings. The authors set the task of analyzing not only the similar manifestations of this principle in the procedure and proceedings. An equally important for understanding the essence of the principle, and therefore the correct application of procedural and processual norms, is, according to the authors, to distinguish its different manifestations that cannot be ignored, because this principle forms the basis for the activities of representatives of various branches of power, namely executive and judicial. In order to perform the stated task, the paper analyzes among the rules of the Law of Ukraine \"On Administrative Procedure\" and the Code of Administrative Proceedings of Ukraine those that characterize the considered principle, it is demonstrated in comparison how the representatives of each branch of power use them. As a result, the paper states that the representatives of executive and judicial authorities, under the influence of the principle of ex officio investigation, demonstrate evident activity in proceedings: they are authorized to take actions on their own, without obtaining the consent of the interested parties, which guarantee that the decision made by them in the case will fully meet the requirements declared at the regulatory level. At the same time, such activity is ensured by norms formulated taking into account the nature of the activities of each of the subjects of power, and therefore, in its manifestations, it cannot be recognized as identical.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130034336","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 : 2022-12-25DOI: 10.21564/2414-990x.159.268861
Ievgeniia Kopytsia, Sofiia Tryzno
The purpose of the article is to study the process of harmonization of the environmental legislation of Ukraine with EU acquis in connection with the acquisition of the EU candidate membership status. An analysis of the legal framework for the formation of EU environmental policy has been carried out. The main principles of the EU in the field of environmental protection are defined. The article examines the process of formation and the current state of compliance of the national environmental legislation with EU environmental acquis. The main principles of the EU in the field of environmental protection are defined. The current state of alignment of the domestic legal regulation in the sphere of environmental protection with the environmental law of the EU is analyzed. Priority areas where the adaptation of environmental legislation with the EU acquis are highlightened. It is substantiated that the adaptation of the EU environmental acquis has to be accompanied by administrative, financial and organizational measures, which should be implemented to ensure its implementation.
{"title":"EU Candidate Membership Status of Ukraine: Prospects for the Development of Environmental Legislation","authors":"Ievgeniia Kopytsia, Sofiia Tryzno","doi":"10.21564/2414-990x.159.268861","DOIUrl":"https://doi.org/10.21564/2414-990x.159.268861","url":null,"abstract":"The purpose of the article is to study the process of harmonization of the environmental legislation of Ukraine with EU acquis in connection with the acquisition of the EU candidate membership status. An analysis of the legal framework for the formation of EU environmental policy has been carried out. The main principles of the EU in the field of environmental protection are defined. The article examines the process of formation and the current state of compliance of the national environmental legislation with EU environmental acquis. The main principles of the EU in the field of environmental protection are defined. The current state of alignment of the domestic legal regulation in the sphere of environmental protection with the environmental law of the EU is analyzed. Priority areas where the adaptation of environmental legislation with the EU acquis are highlightened. It is substantiated that the adaptation of the EU environmental acquis has to be accompanied by administrative, financial and organizational measures, which should be implemented to ensure its implementation.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123910645","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 : 2022-12-25DOI: 10.21564/2414-990x.159.268089
A. Gornostay
This topic is relevant because in practice the application of such punishment as a fine is very common, and it has many problematic aspects of the purpose. The purpose of the article is the genesis of the criminal law regulation of punishment in the form of a fine in the current Criminal Code of Ukraine and the analysis of the changes that have taken place over the past 20 years. To achieve this goal, the author used dialectical, historical and comparative methods. These methods helped to investigate the processes of formation and development of the institution of the fine in the Criminal Code of Ukraine of 2001. In the article, the author analyzes the norms of the criminal legislation of Ukraine, which regulate the concept of a fine and the order of its calculation, the maximum and minimum size of the fine. The author emphasizes that the prevalence of the fine in legislation and judicial practice, the methods of its calculation, its size, the grounds and conditions of its application are not constant and are conditioned by socio-economic, political, criminological and legal factors of specific historical periods. This is especially relevant for Ukraine. Current criminal law establishes a fine as the mildest type of punishment among other types of punishment, but this is a controversial provision. The author emphasizes that the legislator hopes for a fine as an effective form of punishment for persons who have committed certain criminal offenses, primarily corruption and against property. At the same time, it was emphasized that regular changes in the rules on fines, especially regarding the size of this type of punishment, are not without significant drawbacks. In this work, they are outlined. Certain positions regarding their elimination have been expressed. Possible options for reforming regulatory provisions are proposed.
{"title":"Development of the Legal Regulation of Punishment in the Form of Fine According to the Criminal Code of Ukraine of 2001","authors":"A. Gornostay","doi":"10.21564/2414-990x.159.268089","DOIUrl":"https://doi.org/10.21564/2414-990x.159.268089","url":null,"abstract":"This topic is relevant because in practice the application of such punishment as a fine is very common, and it has many problematic aspects of the purpose. The purpose of the article is the genesis of the criminal law regulation of punishment in the form of a fine in the current Criminal Code of Ukraine and the analysis of the changes that have taken place over the past 20 years. To achieve this goal, the author used dialectical, historical and comparative methods. These methods helped to investigate the processes of formation and development of the institution of the fine in the Criminal Code of Ukraine of 2001. In the article, the author analyzes the norms of the criminal legislation of Ukraine, which regulate the concept of a fine and the order of its calculation, the maximum and minimum size of the fine. The author emphasizes that the prevalence of the fine in legislation and judicial practice, the methods of its calculation, its size, the grounds and conditions of its application are not constant and are conditioned by socio-economic, political, criminological and legal factors of specific historical periods. This is especially relevant for Ukraine. Current criminal law establishes a fine as the mildest type of punishment among other types of punishment, but this is a controversial provision. The author emphasizes that the legislator hopes for a fine as an effective form of punishment for persons who have committed certain criminal offenses, primarily corruption and against property. At the same time, it was emphasized that regular changes in the rules on fines, especially regarding the size of this type of punishment, are not without significant drawbacks. In this work, they are outlined. Certain positions regarding their elimination have been expressed. Possible options for reforming regulatory provisions are proposed.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125097922","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 : 2022-12-25DOI: 10.21564/2414-990x.159.267579
Oksana Bytiak
First of all, the topicality of the topic is related to the relatively recent introduction of administrative liability in Ukraine for traffic safety violations recorded automatically. More precisely, with the legal mechanism for regulating the procedure of bringing persons to administrative responsibility for such type of offenses, for which the constitutional principles and tasks of legal (administrative) responsibility are nullified. The introduction of a system of automatic recording of violations of traffic rules is indeed an obviously necessary step, which, however, requires a detailed study and significant improvement of the legal framework that regulates it, with mandatory consideration of the need to observe the legal rights and freedoms of persons subject to administrative responsibility. Of course, the automatic recording of offenses in the field of road safety in Ukraine is relatively new and is only gaining momentum, going through the process of its formation. On the other hand, the operation of cameras on roads in other developed countries, such as in Great Britain, the United States of America, Germany, France, Finland and Sweden already has a long history that deserves a more detailed study. That is why the purpose of the work is to conduct an analysis of foreign practices in the outlined area, which will allow us to suggest ways to improve national legislation, because an effective and fair mechanism of bringing to administrative responsibility for the type of offenses we are investigating is one of the means of ensuring road traffic. To achieve the goal, the research used a complex of general scientific and special methods of scientific knowledge, mostly the comparative legal method. This method was used to compare the theoretical and practical aspects of the functioning of the system of automatic recording of violations of traffic rules in foreign countries and to develop practical recommendations for improving its use in Ukraine. Many years of foreign experience in using the system of automatic recording of offenses should serve as a reliable basis for the implementation and development of the national system with the least resistance from society, as well as the minimization of practical mistakes and legislative gaps in this area. The conducted analysis made it possible to identify the most efficient and effective mechanism for bringing to administrative responsibility persons for violations of the Traffic Rules recorded in automatic mode, taking into account the need to observe the fundamental rights and guarantees of the subjects of this type of offense.
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Pub Date : 2022-12-25DOI: 10.21564/2414-990x.159.267275
N. S. Ramadhan, Sulistyandari Сулістандарі, R. Bintoro
Abstract Law Number 12 of 2012 concerning Higher Education Article 60, paragraph 3 states that the community establishes private universities by showing an organizing body with a non-profit principle, namely the Foundation. Based on the description above, the Foundation is one of the social, legal entities that can be a forum for private universities. Usually, the ownership of a university asset is only owned by one Foundation. However, in the decision of the Supreme Court of the Republic of Indonesia, number 2860K/PDT/2016, the parties involved in the decision are the Darussalam Maluku Foundation as the plaintiff and the Darussalam Maluku Education Foundation as the defendant. The Darussalam Maluku Foundation sued the Pendidikan Darussalam Maluku Foundation. After all, the Yayasan Darussalam Maluku Foundation felt aggrieved because the Pendidikan Darussalam Maluku Foundation had unilaterally claimed and controlled the assets of Darussalam University of Ambon campus 2, which then led to the Foundation's dualism over the ownership of Darussalam University of Ambon assets. This study analyzes the legal consequences of the Foundation's duality on the Foundation and the university. The research method is normative, using secondary data from library research, including primary, secondary, and tertiary legal sources. So dualism legal consequences of the Foundation are the Foundation's dissolution and the Foundation's merger. Meanwhile, the legal implications of the Foundation's dualism on universities are related to higher education institutions' accreditation and operational permits and the staffing status of lecturers and experts. However, they will tell the university's right to issue diplomas for students who have completed their education.
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Pub Date : 2022-12-25DOI: 10.21564/2414-990x.159.268292
Svitlana Muravyova
Due to the significant and often deliberate human impact on the natural environment, there are serious problems facing both present and future generations of people. Today, ethical, religious, political and economic arguments in favor of preserving and protecting the environment are unfortunately not taken seriously enough in society. Our responsibilities towards other people explain why we have responsibilities towards the environment. On the other hand, there is a growing voice in favor of recognizing that our duties to nature derive from the rights of the very components of nature, its flora and fauna. This raises the question of recognizing the rights of nature. The constitutions of individual states interpret nature as a subject of rights. The assumed interconnectedness of humans and nature introduces a systemic worldview. This shift to a holistic narrative serves as a catalyst for the growing acceptance of the new systemic worldview. The "rights of nature" embody a distinctive position of agricultural and environmental ethics that sets limits on human activity and justifies a partnership with the planet. Legal equality is perceived as a prerequisite for a symmetrical conceptualization of human relations with the planet.The environmental policy of the "green state" is aimed at ensuring sustainable development, which, among other things, includes ensuring environmental human rights, reducing socio-economic inequalities, eradicating environmental injustice (both within nation-states, regionally and globally, as well as between generations) and ensuring that the needs of the human economy do not exceed the regenerative capacity of the ecosystems on which this economy depends. In this context, there is a need for research on the political and institutional dynamics of the nation-state towards moving away from unsustainable development paths. Living in a sustainable ("green") political order, different from the current liberal-democratic one based on the laws of the free market, requires new legal, primarily constitutional, and institutional innovations. The purpose of this article is to invite a broad debate on the nature of the ecological state, its content and correlation with traditional principles of constitutionalism, and its impact on national security policy. Such a discussion will contribute to the recognition that the greening of the constitution is aimed at protecting national environmental interests and will contribute to improving environmental security.
{"title":"Environmental and Climate Crises as a Factor in the Development of Modern Constitutionalism and Environmental Security","authors":"Svitlana Muravyova","doi":"10.21564/2414-990x.159.268292","DOIUrl":"https://doi.org/10.21564/2414-990x.159.268292","url":null,"abstract":"Due to the significant and often deliberate human impact on the natural environment, there are serious problems facing both present and future generations of people. Today, ethical, religious, political and economic arguments in favor of preserving and protecting the environment are unfortunately not taken seriously enough in society. Our responsibilities towards other people explain why we have responsibilities towards the environment. On the other hand, there is a growing voice in favor of recognizing that our duties to nature derive from the rights of the very components of nature, its flora and fauna. This raises the question of recognizing the rights of nature. The constitutions of individual states interpret nature as a subject of rights. The assumed interconnectedness of humans and nature introduces a systemic worldview. This shift to a holistic narrative serves as a catalyst for the growing acceptance of the new systemic worldview. The \"rights of nature\" embody a distinctive position of agricultural and environmental ethics that sets limits on human activity and justifies a partnership with the planet. Legal equality is perceived as a prerequisite for a symmetrical conceptualization of human relations with the planet.The environmental policy of the \"green state\" is aimed at ensuring sustainable development, which, among other things, includes ensuring environmental human rights, reducing socio-economic inequalities, eradicating environmental injustice (both within nation-states, regionally and globally, as well as between generations) and ensuring that the needs of the human economy do not exceed the regenerative capacity of the ecosystems on which this economy depends. In this context, there is a need for research on the political and institutional dynamics of the nation-state towards moving away from unsustainable development paths. Living in a sustainable (\"green\") political order, different from the current liberal-democratic one based on the laws of the free market, requires new legal, primarily constitutional, and institutional innovations. The purpose of this article is to invite a broad debate on the nature of the ecological state, its content and correlation with traditional principles of constitutionalism, and its impact on national security policy. Such a discussion will contribute to the recognition that the greening of the constitution is aimed at protecting national environmental interests and will contribute to improving environmental security.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114706239","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 : 2022-12-25DOI: 10.21564/2414-990x.159.267391
Serhii Grynchak, A. Grynchak
Transplant tourism is a negative consequence of the globalization of society. Trafficking in human organs has reached all countries and threatens their security. This international problem requires a response from states, their legislative institutions and international organizations. The purpose of this article is a comprehensive study and systematization of the norms of international law and national legislation, which determine the legal regime of the circulation of human anatomical materials, as well as the identification of shortcomings in the criminal-legal protection of the field of transplantology in Ukraine and the search for ways to improve domestic criminal legislation in the context of the European integration of our country. Various research methods were used to achieve this goal. In particular, the elements and features of the composition of criminal offenses of the current legislation and the relevant novels were analysed using the dialectical method of cognition. Thanks to the use of the historical method, a number of international legal acts have been established that prohibit the trade in human organs. The dogmatic method made it possible to reveal the actual content of legal norms that regulate the circulation of human anatomical materials. The system-structural method was used during the study of normative legal acts of a universal, regional and national nature. Using the comparative legal method, norms of international law and national legislation of Ukraine in the field of transplantology were compared. The paper proves that the most important international legal standard dedicated to the fight against the illegal circulation of human anatomical materials is the Council of Europe Convention against Trafficking in Organs, which provides for criminal law prohibitions that must be implemented by the participating states in their national legislation. All conventional prohibitions are combined into four related groups and compared with criminal offenses provided for by the Criminal Code of Ukraine. Novels of the draft criminal law, which provide for responsibility for illegal transplantation, trafficking in human organs and other illegal circulation of human anatomical materials, were also studied. A comprehensive analysis of the legal regime in the field of transplantology gave grounds for the conclusion of the need to ratify the Council of Europe Convention against trafficking in human organs on the way to the European integration of Ukraine. The research also established that some conventional prohibitions in the field of transplantology are at the same time types of corruption offenses, which are provided for in the current Criminal Code. This indicates the further need for a detailed analysis of such norms, establishing their features, interrelationship and correlation with the relevant provisions of the legislation of Ukraine.
{"title":"Reforming Criminal Responsibility for Illegal Trafficking in Human Anatomical Materials in the Context of the European Integration of Ukraine","authors":"Serhii Grynchak, A. Grynchak","doi":"10.21564/2414-990x.159.267391","DOIUrl":"https://doi.org/10.21564/2414-990x.159.267391","url":null,"abstract":"Transplant tourism is a negative consequence of the globalization of society. Trafficking in human organs has reached all countries and threatens their security. This international problem requires a response from states, their legislative institutions and international organizations. The purpose of this article is a comprehensive study and systematization of the norms of international law and national legislation, which determine the legal regime of the circulation of human anatomical materials, as well as the identification of shortcomings in the criminal-legal protection of the field of transplantology in Ukraine and the search for ways to improve domestic criminal legislation in the context of the European integration of our country. Various research methods were used to achieve this goal. In particular, the elements and features of the composition of criminal offenses of the current legislation and the relevant novels were analysed using the dialectical method of cognition. Thanks to the use of the historical method, a number of international legal acts have been established that prohibit the trade in human organs. The dogmatic method made it possible to reveal the actual content of legal norms that regulate the circulation of human anatomical materials. The system-structural method was used during the study of normative legal acts of a universal, regional and national nature. Using the comparative legal method, norms of international law and national legislation of Ukraine in the field of transplantology were compared. The paper proves that the most important international legal standard dedicated to the fight against the illegal circulation of human anatomical materials is the Council of Europe Convention against Trafficking in Organs, which provides for criminal law prohibitions that must be implemented by the participating states in their national legislation. All conventional prohibitions are combined into four related groups and compared with criminal offenses provided for by the Criminal Code of Ukraine. Novels of the draft criminal law, which provide for responsibility for illegal transplantation, trafficking in human organs and other illegal circulation of human anatomical materials, were also studied. A comprehensive analysis of the legal regime in the field of transplantology gave grounds for the conclusion of the need to ratify the Council of Europe Convention against trafficking in human organs on the way to the European integration of Ukraine. The research also established that some conventional prohibitions in the field of transplantology are at the same time types of corruption offenses, which are provided for in the current Criminal Code. This indicates the further need for a detailed analysis of such norms, establishing their features, interrelationship and correlation with the relevant provisions of the legislation of Ukraine.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114786490","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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