In the article, the author discusses the current state and use of the concept of state sovereignty in international law. The author analyzes the issue of limiting sovereignty from the standpoint of real and recent examples in international practice. The article also attempts to trace the evolution of ideas about state sovereignty and analyzes various theoretical and legal approaches to the signs of sovereignty. It was determined that the specific forms of limitation of sovereignty are full and partial (as a result of annexation or gradual inclusion of the territory into another state), as well as voluntary and forced (voluntary entry into any supranational association, for example, the European Union, or restrictions imposed as a result of international interventions in Yugoslavia, Iraq, Syria) restrictions. Based on the results, it is concluded that the observed erosion of the concept of state sovereignty threatens the destruction of the modern system of international relations and the erosion of the very concept of the state as we know and understand it today. One of the drivers of this process is globalization, within the framework of which the sovereign state becomes "redundant" and, in fact, "unnecessary", causing a quick return to the state "before Westphalia", characterized primarily by a huge number of political overlords, whose sovereignty has a weak connection with any separate formal state entities.
{"title":"Limitation of state sovereignty in the conditions of globalization: theoretical and legal aspect","authors":"V. Chornopyska, Mariia Antsyferova","doi":"10.23939/law2023.37.039","DOIUrl":"https://doi.org/10.23939/law2023.37.039","url":null,"abstract":"In the article, the author discusses the current state and use of the concept of state sovereignty in international law. The author analyzes the issue of limiting sovereignty from the standpoint of real and recent examples in international practice. The article also attempts to trace the evolution of ideas about state sovereignty and analyzes various theoretical and legal approaches to the signs of sovereignty. It was determined that the specific forms of limitation of sovereignty are full and partial (as a result of annexation or gradual inclusion of the territory into another state), as well as voluntary and forced (voluntary entry into any supranational association, for example, the European Union, or restrictions imposed as a result of international interventions in Yugoslavia, Iraq, Syria) restrictions. Based on the results, it is concluded that the observed erosion of the concept of state sovereignty threatens the destruction of the modern system of international relations and the erosion of the very concept of the state as we know and understand it today. One of the drivers of this process is globalization, within the framework of which the sovereign state becomes \"redundant\" and, in fact, \"unnecessary\", causing a quick return to the state \"before Westphalia\", characterized primarily by a huge number of political overlords, whose sovereignty has a weak connection with any separate formal state entities.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125981878","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 article analyses the coverage of topical issues of formation and development of legal protection of industrial designs. The author analysed the legal regulation of the studied relations and identified the main stages of its development. The purpose of this article is a legal analysis of the provisions of the legislation of Ukraine regarding the formation and development of the legal regulation of industrial designs, the definition of debatable legislative provisions and the expression of proposals for the improvement of the relevant legal regulation. Research methods. There were used a systematic method (when clarifying the place of an industrial design in the system of objects of industrial property rights), a comparative method (when comparing the stages of development of national legislation). The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine "On the Protection of Rights to Industrial Designs" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determine
{"title":"Establishment and development of legislative regulation of industrial designs as objects of intellectual property law in Ukraine","authors":"Iryna Batko","doi":"10.23939/law2023.37.221","DOIUrl":"https://doi.org/10.23939/law2023.37.221","url":null,"abstract":"The article analyses the coverage of topical issues of formation and development of legal protection of industrial designs. The author analysed the legal regulation of the studied relations and identified the main stages of its development. The purpose of this article is a legal analysis of the provisions of the legislation of Ukraine regarding the formation and development of the legal regulation of industrial designs, the definition of debatable legislative provisions and the expression of proposals for the improvement of the relevant legal regulation. Research methods. There were used a systematic method (when clarifying the place of an industrial design in the system of objects of industrial property rights), a comparative method (when comparing the stages of development of national legislation). The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine \"On the Protection of Rights to Industrial Designs\" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determine","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123790341","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 article defines the peculiarities of the activities of public organizations in the context of the formation of legal ideology in transitive societies. It is noted that as a social phenomenon, legal ideology needs to be considered in at least two aspects: ontological and epistemological. In the ontological aspect, ideology appears as one of the basic socio-legal institutions, and in the epistemological aspect, the study of ideology involves the study of ideological and legal components of Ukrainian society. It was found that legal ideology is a structured and embodied at the theoretical and practical level, a scientifically based system of society's ideas about legal validity, which, thanks to the formation of legal values and goals, can influence people's legal awareness and the development of social and state life. It is concluded that the transition to the purposeful formation of democratic ideology and legal awareness, and accordingly to the legal and democratic state, depends on many factors. One of them, in our opinion, is the formation of a national idea. Among other factors, it should be noted the stabilization of the political and economic situation in the country, the increase in the level of legal education of the population, which is repeatedly updated by legal scholars.
{"title":"Features of the activities of public organizations in the context of the formation of legal ideology in transitive societies","authors":"R. Zhuravskyi","doi":"10.23939/law2023.37.071","DOIUrl":"https://doi.org/10.23939/law2023.37.071","url":null,"abstract":"The article defines the peculiarities of the activities of public organizations in the context of the formation of legal ideology in transitive societies. It is noted that as a social phenomenon, legal ideology needs to be considered in at least two aspects: ontological and epistemological. In the ontological aspect, ideology appears as one of the basic socio-legal institutions, and in the epistemological aspect, the study of ideology involves the study of ideological and legal components of Ukrainian society. It was found that legal ideology is a structured and embodied at the theoretical and practical level, a scientifically based system of society's ideas about legal validity, which, thanks to the formation of legal values and goals, can influence people's legal awareness and the development of social and state life. It is concluded that the transition to the purposeful formation of democratic ideology and legal awareness, and accordingly to the legal and democratic state, depends on many factors. One of them, in our opinion, is the formation of a national idea. Among other factors, it should be noted the stabilization of the political and economic situation in the country, the increase in the level of legal education of the population, which is repeatedly updated by legal scholars.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129099365","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}
{"title":"Security tools economic /entrepreneurial/ activities in the conditions of modern threats economic security of the state","authors":"Volodymyr Ortynsky","doi":"10.23939/law2023.37.001","DOIUrl":"https://doi.org/10.23939/law2023.37.001","url":null,"abstract":"","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128201841","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 article defines the impact of value orientations of law on the formation of human behavior through the prism of the main concepts of legal understanding. It has been found that the nature of legal values occurs in several alternative axiological approaches, of which the most well-founded are the objectivist and subjectivist concepts. Thus, the first determines that values exist objectively, that is, regardless of the subject's consciousness, and he only correctly or incorrectly evaluates them and applies them in everyday life. The subjectivist concept assumes that values are created (constituted) by the subjects themselves. It has been clarified that both law-making and law enforcement are spheres of human activity that have a pronounced evaluative nature. Only through values in law is the transition from the essential to the proper, from the factual to the normative, possible. In the context of the influence of the value guidelines of law on the formation of human behavior, it is necessary to identify the problem of the relationship between objective and subjective law, the influence of moral relations in society, the moral consciousness of subjects on the formation of legal norms, and the problem of the moral and legal choice of the individual's line of behavior. It is important that moral norms and principles act as the leading criterion of law, the main measure of the content of the law and the entire practice of law enforcement. This requirement is completely natural, because the content of the legal norm derives primarily from the moral foundations of society, the history of the people, traditions and moral principles of its life.
{"title":"Valuable guidelines of law in the formation of human behavio","authors":"V. Rohozianskyi","doi":"10.23939/law2023.37.107","DOIUrl":"https://doi.org/10.23939/law2023.37.107","url":null,"abstract":"The article defines the impact of value orientations of law on the formation of human behavior through the prism of the main concepts of legal understanding. It has been found that the nature of legal values occurs in several alternative axiological approaches, of which the most well-founded are the objectivist and subjectivist concepts. Thus, the first determines that values exist objectively, that is, regardless of the subject's consciousness, and he only correctly or incorrectly evaluates them and applies them in everyday life. The subjectivist concept assumes that values are created (constituted) by the subjects themselves. It has been clarified that both law-making and law enforcement are spheres of human activity that have a pronounced evaluative nature. Only through values in law is the transition from the essential to the proper, from the factual to the normative, possible. In the context of the influence of the value guidelines of law on the formation of human behavior, it is necessary to identify the problem of the relationship between objective and subjective law, the influence of moral relations in society, the moral consciousness of subjects on the formation of legal norms, and the problem of the moral and legal choice of the individual's line of behavior. It is important that moral norms and principles act as the leading criterion of law, the main measure of the content of the law and the entire practice of law enforcement. This requirement is completely natural, because the content of the legal norm derives primarily from the moral foundations of society, the history of the people, traditions and moral principles of its life.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116749812","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 article is devoted to the analysis of administrative and legal principles of management in the field of ensuring environmental safety of the state. The object of administrative and legal regulation has been established – social relations in the form of behavior and actions of people that take place in connection with the provision of public authorities, environmental rights and freedoms of man and citizen, the interests of society and the state in this area. It is established that the functions of managing the environmental safety of the state constitute a certain system of activities in this area, which are interconnected by subject and object of influence, and therefore form a holistic means of streamlining the relevant relations. In accordance with Art. 16 of the Constitution of Ukraine ensuring environmental safety and maintaining ecological balance on the territory of Ukraine is the responsibility of the state. Its implementation is ensured by the legal regulation of this sphere of human life, society, and the state by the norms of various branches of law. Therefore, in the context of adaptation of national legislation to the legislation of the European Union, the issues of creating an effective system of environmental management entities, reforming public authorities and introducing European standards into their activities have taken a new breath. After all, it is from the effective environmental activities of state bodies and public institutions that the proper state of protection of environmental rights and maintaining ecological balance on the territory of Ukraine depends.
{"title":"Administrative and legal principles of management in the field of environmental safety of the state","authors":"Leonid Ostapenko, Diana Khomyn","doi":"10.23939/law2023.37.174","DOIUrl":"https://doi.org/10.23939/law2023.37.174","url":null,"abstract":"The article is devoted to the analysis of administrative and legal principles of management in the field of ensuring environmental safety of the state. The object of administrative and legal regulation has been established – social relations in the form of behavior and actions of people that take place in connection with the provision of public authorities, environmental rights and freedoms of man and citizen, the interests of society and the state in this area. It is established that the functions of managing the environmental safety of the state constitute a certain system of activities in this area, which are interconnected by subject and object of influence, and therefore form a holistic means of streamlining the relevant relations. In accordance with Art. 16 of the Constitution of Ukraine ensuring environmental safety and maintaining ecological balance on the territory of Ukraine is the responsibility of the state. Its implementation is ensured by the legal regulation of this sphere of human life, society, and the state by the norms of various branches of law. Therefore, in the context of adaptation of national legislation to the legislation of the European Union, the issues of creating an effective system of environmental management entities, reforming public authorities and introducing European standards into their activities have taken a new breath. After all, it is from the effective environmental activities of state bodies and public institutions that the proper state of protection of environmental rights and maintaining ecological balance on the territory of Ukraine depends.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124783202","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 article analyzes the optimization of the legislative technique of the codification of the labor legislation of Ukraine with regard to the improvement of the relevant regulatory terminology. It was noted that the use of new methods and tools in the creation of legal norms within labor law is aimed at establishing a balance between the unity and differentiation of labor law, harmony between the use of centralized and local methods of legal regulation of labor. It has been clarified that the optimization of legislative terminology within the framework of the codification of labor legislation should provide for: 1) clear and unambiguous use of legal concepts and definitions; 2) definition of fundamental terms should be carried out at the level of the Labor Code of Ukraine; 3) it is necessary to give preference to simple and understandable terms, the use of excessively complex and unclear legal concepts, definitions, etc. is fundamentally unacceptable; 4) gradual and complete elimination of outdated legislative terminology is necessary. It is concluded that the optimization of the legislative technique of the codification of labor legislation in terms of improving the relevant regulatory terminology is the initial stage of the formation of socially oriented labor legislation, which provides workers with guarantees against illegal dismissal, forced labor and the optional conclusion of an employment contract at the enterprise, institution, organization. On the basis of the above, it is worth, in particular, to optimize the concepts of «employer», «employee», «single mother» and define them within the framework of a unified labor law understanding in the Labor Code of Ukraine.
{"title":"Legislation on the improvement of relevant regulatory terminology","authors":"Ulyana Beck","doi":"10.23939/law2023.37.229","DOIUrl":"https://doi.org/10.23939/law2023.37.229","url":null,"abstract":"The article analyzes the optimization of the legislative technique of the codification of the labor legislation of Ukraine with regard to the improvement of the relevant regulatory terminology. It was noted that the use of new methods and tools in the creation of legal norms within labor law is aimed at establishing a balance between the unity and differentiation of labor law, harmony between the use of centralized and local methods of legal regulation of labor. It has been clarified that the optimization of legislative terminology within the framework of the codification of labor legislation should provide for: 1) clear and unambiguous use of legal concepts and definitions; 2) definition of fundamental terms should be carried out at the level of the Labor Code of Ukraine; 3) it is necessary to give preference to simple and understandable terms, the use of excessively complex and unclear legal concepts, definitions, etc. is fundamentally unacceptable; 4) gradual and complete elimination of outdated legislative terminology is necessary. It is concluded that the optimization of the legislative technique of the codification of labor legislation in terms of improving the relevant regulatory terminology is the initial stage of the formation of socially oriented labor legislation, which provides workers with guarantees against illegal dismissal, forced labor and the optional conclusion of an employment contract at the enterprise, institution, organization. On the basis of the above, it is worth, in particular, to optimize the concepts of «employer», «employee», «single mother» and define them within the framework of a unified labor law understanding in the Labor Code of Ukraine.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125108538","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 the article, on the basis of available scientific approaches, the philosophical and legal correlation of the definitions of "aggression" and "violence. It is noted that aggression is organically connected with violence and is its natural basis, as for human society - social matter is based on the natural environment, in particular, living matter, in which aggression is a mandatory attribute. However, aggression as a phenomenon is not identical to violence, just as living matter and social matter are not identical. It was found that aggression is a type of destruction at the level of biological matter (energy), which is characterized by expediency and limitation due to the process of evolutionary development of biological organisms. Violence is a type of destruction at the level of social matter (energy), caused by the mental nature of social interaction, a social action (phenomenon) that is associated with and is a consequence of only certain (distorted) states of human consciousness. Violence is a type of aggression of a special quality compared to aggression in nature and occurs only in human society. Violence is a special case in relation to the broader concept of "aggression", the basis of which is only the perceived distorted mental states of a person. The concept of "aggression" is broader than the concept of "violence", it includes the concept of "violence".
{"title":"Aggression and violence: philosophical and legal correlation of definitions","authors":"V. Chornopyska","doi":"10.23939/law2023.37.134","DOIUrl":"https://doi.org/10.23939/law2023.37.134","url":null,"abstract":"In the article, on the basis of available scientific approaches, the philosophical and legal correlation of the definitions of \"aggression\" and \"violence. It is noted that aggression is organically connected with violence and is its natural basis, as for human society - social matter is based on the natural environment, in particular, living matter, in which aggression is a mandatory attribute. However, aggression as a phenomenon is not identical to violence, just as living matter and social matter are not identical. It was found that aggression is a type of destruction at the level of biological matter (energy), which is characterized by expediency and limitation due to the process of evolutionary development of biological organisms. Violence is a type of destruction at the level of social matter (energy), caused by the mental nature of social interaction, a social action (phenomenon) that is associated with and is a consequence of only certain (distorted) states of human consciousness. Violence is a type of aggression of a special quality compared to aggression in nature and occurs only in human society. Violence is a special case in relation to the broader concept of \"aggression\", the basis of which is only the perceived distorted mental states of a person. The concept of \"aggression\" is broader than the concept of \"violence\", it includes the concept of \"violence\".","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128663979","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 the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of deduction, induction, analysis and synthesis were used in the research process. The subject of the study is the norms of civil law on the contract, the norms of banking law on the conditions of certain types of banking contracts, the procedure for their conclusion and execution. It noted that the actions of the right holder of the program, including the bank, with the aim of further concluding an electronic contract on certain terms with unspecified counterparties, should be qualified as a public offer. Acceptance of this offer must create rights and obligations for the person who is the right holder of this program, regardless of his awareness of the fact of concluding such an agreement. The need for special legal regulation of the procedure for concluding banking contracts on the Internet substantiated. The procedure for concluding these contracts can found in the instructions of the National Bank of Ukraine, which defines the requirements for the banking institution regarding the additional identification of clients in the procedure for concluding banking contracts in the form of an Internet bank. The use of a smart contract requires a legal framework that would define the legal nature, concept and legal mechanism of a smart contract. An offer for the conclusion of a contract received in the personal account; the client accepts it using the actions provided in the software, which can be equated to a qualified electronic signature.
{"title":"Features of conclusion of banking agreements in the internet network","authors":"Mykhailo Parasiuk, Vasyl Parasiuk","doi":"10.23939/law2023.37.245","DOIUrl":"https://doi.org/10.23939/law2023.37.245","url":null,"abstract":"In the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of deduction, induction, analysis and synthesis were used in the research process. The subject of the study is the norms of civil law on the contract, the norms of banking law on the conditions of certain types of banking contracts, the procedure for their conclusion and execution. It noted that the actions of the right holder of the program, including the bank, with the aim of further concluding an electronic contract on certain terms with unspecified counterparties, should be qualified as a public offer. Acceptance of this offer must create rights and obligations for the person who is the right holder of this program, regardless of his awareness of the fact of concluding such an agreement. The need for special legal regulation of the procedure for concluding banking contracts on the Internet substantiated. The procedure for concluding these contracts can found in the instructions of the National Bank of Ukraine, which defines the requirements for the banking institution regarding the additional identification of clients in the procedure for concluding banking contracts in the form of an Internet bank. The use of a smart contract requires a legal framework that would define the legal nature, concept and legal mechanism of a smart contract. An offer for the conclusion of a contract received in the personal account; the client accepts it using the actions provided in the software, which can be equated to a qualified electronic signature.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128432848","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}
Issues of the evolution of the idea of Ukrainian national statehood фin the Hetmanate after the so-called "Mazepa's betrayals". It is emphasized that the idea of national statehood in the contemporary conditions of strengthening the incorporation of the Hetmanship by imperial Russia was promoted by the efforts of the educated layers of its nobility and nobility. Monuments of Ukrainian political and legal thought of the 18th century were analyzed, in which the need to preserve the autonomy of the Hetmanship is argued. It is concluded that the main issue of the political life of the Hetmanate, especially from the second half of the 18th century, is the struggle between Russian imperial centralism and the Ukrainian desire for autonomy. It is emphasized that the codification of Cossack law in the 18th century was a hidden attempt to justify the need to preserve the autonomous system of the Hetmanship for the elders. Cossack chronicles are presented as a manifestation of a new type of Ukrainian national identity, based on the political formula of joint service to "our Cossack Little Russian fatherland", but already as a clearly defined territory inhabited by "Cossack people". It is believed that the struggle for the preservation of the autonomous status of the Hetmanate was understood by its apologists as the preservation of Cossack freedoms, while the latter were identified with the protection of national rights. As a conclusion, it is argued that the spread of ideas of the development of the Ukrainian state as an autonomous one resulted in the emergence of the Ukrainian intelligentsia - the bearer of national consciousness. However, it was noted that the Cossack-elderly class sought limited national autonomy within the framework of Tsarist Russia, and at the same time advocated the preservation of the foundations of the system of that time. Finally summarizing, the belief is expressed that the Cossacks of the Hetmanate of the XVIII century. it still could not (with the exception of certain individuals from its environment) realize itself as a full-fledged subject of social and political relations, the owner of its own land, an elite responsible for its people.
{"title":"Features of the evolution of the idea of the Ukrainian nation statehood under the conditions of the strengthening of the russian-imperial incorporation of the cossack hetmmann","authors":"I. Terlyuk","doi":"10.23939/law2023.37.031","DOIUrl":"https://doi.org/10.23939/law2023.37.031","url":null,"abstract":"Issues of the evolution of the idea of Ukrainian national statehood фin the Hetmanate after the so-called \"Mazepa's betrayals\". It is emphasized that the idea of national statehood in the contemporary conditions of strengthening the incorporation of the Hetmanship by imperial Russia was promoted by the efforts of the educated layers of its nobility and nobility. Monuments of Ukrainian political and legal thought of the 18th century were analyzed, in which the need to preserve the autonomy of the Hetmanship is argued. It is concluded that the main issue of the political life of the Hetmanate, especially from the second half of the 18th century, is the struggle between Russian imperial centralism and the Ukrainian desire for autonomy. It is emphasized that the codification of Cossack law in the 18th century was a hidden attempt to justify the need to preserve the autonomous system of the Hetmanship for the elders. Cossack chronicles are presented as a manifestation of a new type of Ukrainian national identity, based on the political formula of joint service to \"our Cossack Little Russian fatherland\", but already as a clearly defined territory inhabited by \"Cossack people\". It is believed that the struggle for the preservation of the autonomous status of the Hetmanate was understood by its apologists as the preservation of Cossack freedoms, while the latter were identified with the protection of national rights. As a conclusion, it is argued that the spread of ideas of the development of the Ukrainian state as an autonomous one resulted in the emergence of the Ukrainian intelligentsia - the bearer of national consciousness. However, it was noted that the Cossack-elderly class sought limited national autonomy within the framework of Tsarist Russia, and at the same time advocated the preservation of the foundations of the system of that time. Finally summarizing, the belief is expressed that the Cossacks of the Hetmanate of the XVIII century. it still could not (with the exception of certain individuals from its environment) realize itself as a full-fledged subject of social and political relations, the owner of its own land, an elite responsible for its people.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127804036","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：