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ECONOMIC AND LEGAL REGULATION OF THE ACTIVITIES OF PUBLIC ADMINISTRATION ENTITIES IN THE INNOVATION SECTOR 对公共行政实体在创新领域的活动进行经济和法律监管
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-96-102
K. Dubova, Iryna Dmytruk, Maria Filippskikh
The subject of the study is public relations in the field of economic and legal regulation of innovation activity. Methodology. The methodological basis of the study is the methods of induction and deduction, the dialectical-materialist method, the method of analysis and synthesis, and the historical method, which allowed for an objective understanding of the content and essence of the issues under study. The purpose of the article is to analyse the theoretical and practical aspects of economic and legal regulation of activities of public administration entities in the innovation sphere in Ukraine and developed countries, and to propose effective ways to improve the mechanism of the relevant state policy. The results of the study show that the State economic and legal regulation of innovation activity is carried out with the aim of ensuring progressive transformations in the field of material production, increasing the competitiveness of the national product in the world market, improving the environmental situation, and strengthening the security and defence capability of the country. The economic and legal regulation of the activities of public administration entities in the innovation sphere should not restrict innovation processes (including through excessive structuring and detailing), but should set the direction of their evolution, constantly improve, dynamically monitoring changes in the situation. Conclusion. The main form of state support for the development of innovation is the economic and legal regulation of innovation activities, support for small innovative enterprises and the creation of a favourable innovation climate. The aim of state policy in this area is to move towards an innovative development path based on selected priorities. The state economic and legal regulation of innovation activity is carried out in order to ensure progressive transformations in the sphere of material production, increase the competitiveness of the national product on the world market, improve the environmental situation, strengthen the security and defence capability of the country. In order to achieve the effectiveness of innovation activities, it is necessary to adopt a new approach to solving the problems of antimonopoly policy, product quality management, safety and labour protection. This requires the adoption of new laws and regulations, which should take into account legal issues related to the development of production, resource conservation, environmental protection, etc. The regulatory framework of innovation activity should be brought in line with innovation policy, in particular, it should be closely linked to the measures provided for in the relevant state programme documents and should actively contribute to their implementation.
研究主题是创新活动经济和法律监管领域的公共关系。研究方法。研究的方法论基础是归纳法和演绎法、辩证唯物主义方法、分析和综合法以及历史方法,这些方法可以客观地理解所研究问题的内容和本质。文章旨在分析乌克兰和发达国家在创新领域对公共行政实体活动进行经济和法律监管的理论和实践问题,并提出完善相关国家政策机制的有效途径。研究结果表明,国家对创新活动进行经济和法律调节的目的是确保物质生产领域的逐步转型,提高本国产品在世界市场上的竞争力,改善环境状况,加强国家的安全和国防能力。对公共行政实体在创新领域活动的经济和法律监管不应限制创新进程(包括通过过度的结构化和细节化),而应确定其发展方向,不断改进,动态监测形势变化。结论。国家支持创新发展的主要形式是对创新活动进行经济和法律监管,支持小型创新企业,营造良好的创新氛围。国家政策在这一领域的目标是根据选定的优先事项走向创新发展之路。对创新活动进行国家经济和法律监管是为了确保物质生产领域的逐步转型,提高本国产品在世界市场上的竞争力,改善环境状况,加强国家的安全和国防能力。为了使创新活动取得实效,必须采取新的方法来解决反垄断政策、产品质量管理、安全和劳动保护等问题。这就需要通过新的法律法规,其中应考虑到与生产发展、资源节约、环境保护等有关的法律问题。创新活动的监管框架应与创新政策保持一致,特别是应与相关国家计划文件中规定的措施密切联系,并应积极促进这些措施的实施。
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引用次数: 0
ECONOMIC COMPONENT OF THE JUDICIAL CAREER DEVELOPMENT SYSTEM 司法职业发展系统的经济组成部分
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-72-78
Sergey Vitvitskyi, O. Nazymko, Tetiana Ponomarova
The aim of this article is to review the concept of judicial immutability as a fundamental criterion for evaluating the national judiciary system and to ascertain the distinctive features of selecting qualified candidates for judgeship. Additionally, the present condition of the judiciary formation will be examined, alongside identifying the essential economic requirements necessary and sufficient to promote the development of the judiciary system in Ukraine. A scientific discussion of the problem of creating an impartial and transparent procedure for the formation of the judiciary. It is noted that the principle of judicial immutability as a basic criterion for assessing the national judicial system is implemented through: 1) the normatively defined age limit of a judge; 2) a non-alternative list of cases in which a judge may be transferred to another position (including a lower one) without his consent; 3) the established procedure for bringing a judge to disciplinary responsibility; 4) an extensive system of bodies performing organisational, administrative and control functions; 5) provision for the assessment of a judge's activity by independent public bodies (the Council for Public Integrity); 6) available competitive selection for the position, except for the cases established by law. It is found that the current state of formation of the judiciary can be defined as unsatisfactory, which is due to the following reasons: 1) unstable functioning of the institutions responsible for the competitive selection of candidates for vacant positions of judges; 2) inhibition of the judicial reform as a result of the introduction of the legal regime of martial law; 3) decrease in the quality of the financing of the judicial system due to the unstable political and economic situation in the country; 4) lack of an effective algorithm for bringing judges to disciplinary responsibility; 5) an excessively extensive system of subjects for assessing the compliance of candidates for the position of a judge with the requirements set forth in regulatory and legal acts. Results. It is established that the peculiarities of the qualification selection of candidates for the position of a judge include: 1) selection of judicial candidates based on three criteria (competence; professional ethics; integrity); 2) differentiation of subjects for assessing the compliance of a candidate for the position of a judge with a certain criterion defined by law; 3) lack of clear procedural requirements for the High Qualification Commission of Judges of Ukraine as a body tasked with the formation of the judiciary; 4) predominance of discretionary powers of the High Qualification Commission of Judges of Ukraine as the main basis for consideration by the High Council of Justice of recommendations on appointment of a candidate for the position of a judge. It is specified that the economic component of the system of career advancement of judges requires solving such problems as: 1) time
本文旨在回顾作为评价国家司法系统基本标准的司法不变性概念,并确定挑选合格法官候选人的显著特点。此外,在确定促进乌克兰司法系统发展所必需和足够的基本经济要求的同时,还将审查司法机构组建的现状。对建立公正和透明的司法机构组建程序问题进行科学讨论。值得注意的是,作为评估国家司法系统基本标准的司法不变原则是通过以下方式实现的:1) 规范性地规定了法官的年龄限制;2) 规定了未经法官同意可将其调任其他职位(包括较低职位)的非替代性案件清单;3) 规定了追究法官纪律责任的程序;4) 建立了广泛的履行组织、行政和控制职能的机构系统;5) 规定由独立的公共机构(廉政委员会)对法官的活动进行评估;6) 除法律规定的情况外,可通过竞争性方式选拔法官。我们发现,司法机构的组建现状不能令人满意,原因如下:1) 负责竞争性选拔法官空缺职位候选人的机构运作不稳定;2) 戒严法律制度的实行抑制了司法改革;3) 国家政治经济形势不稳定导致司法系统资金质量下降;4) 缺乏有效的法官纪律责任追究算法;5) 评估法官职位候选人是否符合法规和法律规定的要求的主体系统过于广泛。结果。结果表明,法官职位候选人资格遴选的特殊性包括1) 根据三项标准(能力、职业道德、正直)遴选法官候选人;2) 对法官候选人是否符合法律规定的某项标准的评估主体进行区分;3) 对负责组建司法机构的乌克兰法官高级资格委员会缺乏明确的程序要求;4) 乌克兰法官高级资格委员会的自由裁量权占主导地位,是高级司法委员会审议法官候选人任命建议的主要依据。规定法官职业晋升制度的经济部分要求解决以下问题1) 及时发现并消除腐败风险和威胁,这不应通过分散参与法官职位候选人评估的机构来实现,而应通过改进资格遴选程序来实现;2) 改进借调程序,将法官临时调往另一个相同级别和专业的法院,这在实行戒严特别法律制度和临时占领国家某些地区时尤为重要;3) 改进吸引国际捐助者为司法机构提供财政支持的程序,并规范获得和使用此类资金的程序。
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引用次数: 0
TRANSFORMATION OF ORGANISATIONAL CULTURE IN THE CONTEXT OF BUSINESS DIGITALISATION 企业数字化背景下的组织文化转型
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-79-87
Tetiana Vlasenko, O. Havrylchenko, Dmytro Lypovyi
Purpose of the article. The research is aimed at analysing the concept of organisational culture transformation and providing practical recommendations for the development and implementation of an effective model of organisational culture transformation that will encourage team members to perform at their best, ensuring customer satisfaction. Methodology. A system of general and unique methods of scientific knowledge was used in writing the current research. The method of content analysis was used in the literature review and its analytical research. The methods of scientific knowledge – induction, grouping and comparison for the formation of methodological connections were used to justify the choice of the research topic and to formulate its purpose. The method of generalisation was used to establish that in modern conditions the approaches to the organisational culture of business enterprises require immediate transformation, taking into account the conditions of digitalisation. The method of system analysis is used to determine strategic priorities for the transformation of organizational culture in the conditions of digitalization. The application of the method of modelling allowed to develop a model of transformation of the organizational culture in conditions of digitalization to promote the development of business enterprises and to influence the beginning of conditions of digitalization. The comparative legal method was used to identify the challenges to be considered when implementing the model of organisational culture transformation in business enterprises. Research conclusion. Strategic priorities for the transformation of organisational culture in the conditions of digitalisation are proposed. The reasons for transforming organisational culture in the context of digitalisation are highlighted. Challenges that can be considered when implementing the transformation model are predicted. The system of organisational culture transformation in the conditions of business digitalisation is developed. The model of transformation of organizational culture in conditions of digitalization is developed in order to promote the development of business strategies aimed at sustainable development of entrepreneurship and to influence the onset of conditions of digitisation in business.
文章的目的。研究旨在分析组织文化转型的概念,并为制定和实施有效的组织文化转型模式提供实用建议,以鼓励团队成员发挥最佳水平,确保客户满意。方法。在撰写本研究报告时,使用了科学知识的一般方法和独特方法体系。在文献综述及其分析研究中使用了内容分析法。在论证研究课题的选择和制定研究目的时,使用了科学知识方法--归纳法、分组法和比较法,以形成方法论上的联系。归纳法用于确定在现代条件下,考虑到数字化条件,商业企业的组织文化方法需要立即转变。系统分析方法用于确定数字化条件下组织文化转型的战略重点。建模方法的应用有助于开发数字化条件下的组织文化转型模型,以促进商业企业的发展并影响数字化条件的启动。比较法被用来确定在商业企业中实施组织文化转型模型时需要考虑的挑战。研究结论。提出了数字化条件下组织文化转型的战略重点。强调了在数字化背景下进行组织文化转型的原因。预测了在实施转型模式时可以考虑的挑战。开发了企业数字化条件下的组织文化转型系统。开发了数字化条件下组织文化转型模型,以促进旨在实现企业可持续发展的企业战略的制定,并影响企业数字化条件的启动。
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引用次数: 0
ECOLOGICAL DOMINANTS IN CROSS-CULTURAL COMMUNICATIONS OF EUROPEAN BUSINESS: THE IMPACT OF THE GREEN DEAL 欧洲企业跨文化交流中的生态主导:绿色协议的影响
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-234-242
V. Chala, Svitlana Morozova, L. Borovyk
The subject of the study is the identification of cross-cultural features of European business under the influence of the implementation of the Green Deal as the main EU development strategy until 2025. Methodology. The research used general logical and theoretical methods of cognition. The method of analysis and synthesis was used to evaluate the components of intercultural competence for the successful development of eco-business in the EU. The method of analogy was used to find out what is similar and what is different in traditional and environmentally oriented business, which affects the specifics of cross-cultural communication. The theoretical method of generalisation is used to substantiate the content and essence of intercultural competence of environmental business. The method of system analysis was used to construct the author's conceptual model of the formation of intercultural competence of European environmental business. Purpose. The purpose of the article is to substantiate the peculiarities of environmental cross-cultural management in the activities of European business and the role of cross-cultural competencies in the success of European environmental companies, including Ukrainian business. Results. The article has proved the role of green growth as a dominant concept and concrete policy of the European Union, embodied in the strategy of the EU Green Deal Strategy (GDS). The main sectoral determinants of green growth, reflected in the Green Deal, are defined as forming the field of development of environmental business in the EU. It has been shown that this tendency affects the specifics of cross-cultural communication. The need to build effective cross-cultural communications in the European environmental business under the influence of the Green Deal determinants was analysed and addressed through the strategy of green cross-cultural management. Conclusion. European companies implementing eco-innovative developments are faced with expanding the range of cooperation with various partners, including in the multinational environment of creation, approval, implementation and monitoring of implementation effectiveness. The need to build effective intercultural communication in European eco-business under the influence of the determinants of the Green Deal, taking into account cultural differences in business relations and using the tools of effective intercultural management has been emphasised. The list of criteria for effective communication and structuring of relations in cross-cultural management was determined. The positive relationship between the integration of different cultures in EU enterprises and the growth of their competitiveness is emphasised. The prerequisites for the formation of sustainable cross-cultural competence of a business process participant are proved. Prospects for the development of "green" cross-cultural competences in the European business space are outlined. The cross-cultural competences of the E
本研究的主题是在实施作为 2025 年前欧盟主要发展战略的 "绿色交易 "的影响下,确定欧洲企业的跨文化特征。研究方法。研究采用了一般的逻辑和理论认知方法。分析和综合法用于评估欧盟生态商务成功发展所需的跨文化能力的组成部分。类比法用于找出传统企业和环保型企业的相似点和不同点,这些相似点和不同点会影响跨文化交流的具体内容。概括的理论方法用于证实环保企业跨文化能力的内容和本质。作者采用系统分析的方法构建了欧洲环境企业跨文化能力形成的概念模型。目的。文章旨在证实欧洲企业活动中环境跨文化管理的特殊性,以及跨文化能力在欧洲环保企业(包括乌克兰企业)成功中的作用。结果。文章证明了绿色增长作为欧盟主导概念和具体政策的作用,体现在欧盟绿色交易战略(GDS)中。绿色交易》中反映的绿色增长的主要部门决定因素被定义为欧盟环保企业发展的领域。事实证明,这种趋势会影响跨文化交流的具体内容。在绿色交易决定因素的影响下,分析了在欧洲环境业务中建立有效跨文化交流的必要性,并通过绿色跨文化管理战略加以解决。结论。实施生态创新发展的欧洲公司面临着与各种合作伙伴扩大合作范围的问题,包括在创建、批准、实施和监督实施效果的跨国环境中。在 "绿色交易 "决定因素的影响下,欧洲生态企业需要建立有效的跨文化交流,同时考虑到商业关系中的文化差异,并使用有效的跨文化管理工具。确定了跨文化管理中有效沟通和构建关系的标准清单。强调了欧盟企业中不同文化的融合与企业竞争力增长之间的积极关系。证明了企业流程参与者形成可持续跨文化能力的先决条件。概述了在欧洲商业空间发展 "绿色 "跨文化能力的前景。从民族相对性形成的角度考虑了欧洲环保企业的跨文化能力。作者强调,环保企业中的跨文化交流应考虑到民族文化的特殊性,这使每个人都能理解,同时也应考虑到绿色地球的价值观,这是一个客观的统一因素。作者提出了欧洲企业绿色跨文化管理战略的基本要素,并指出了在乌克兰企业环境中实施此类管理机制的主要障碍。
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引用次数: 0
ASSESSMENT OF KEY MARKETS FOR INSTITUTIONAL INVESTORS IN UKRAINE IN THE CONTEXT OF WAR 对战争背景下乌克兰机构投资者主要市场的评估
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-44-49
V. M Vazhynskyi, M. Pohoretskyi, Z. Toporetska
The article is devoted to the assessment of key markets for institutional investors in Ukraine in the context of Russia's full-scale invasion. The purpose of this study is to assess the institutional investor market in Ukraine during the war. To achieve this goal, it is necessary to solve the following tasks: to study the legal status of an institutional investor in Ukraine and its types, to assess changes in the institutional investor market after the start of a full-scale invasion, to identify key risks that exist in the market now, and to provide proposals on the need to improve state regulation of the institutional investor market to protect citizen investors in times of war. The methodological basis of the study was formed by general scientific methods of cognition: the dialectical method of cognition of the phenomena of the surrounding reality and the comparative legal method for establishing the legal status of an institutional investor, methods of logic (analysis, synthesis, induction, deduction, analogy), economic analysis, absolute and comparative advantages and statistical methods for analysing the market of institutional investors and making proposals, mathematical methods for calculating the volume of the market of institutional investors. In accordance with the systemic and structural approach, the institutional investor market was assessed by each of the structural elements of this market. The authors propose to consider an institutional investor as a financial intermediary that attracts and accumulates funds of individual investors (consumers of financial services) and carries out investment activities in the interests of individual investors aimed at financing socially and economically important sectors of the economy for the state and society. The authors pay special attention to the concept of responsible business conduct, pointing out that today, socially responsible business conduct is extremely important for the activities of an institutional investor, which includes "responsible attraction (accumulation) of funds" and "responsible spending (investment) of investors' funds". The study found that the main markets for institutional investors in Ukraine – banking, insurance and private pensions – showed stability and a slight increase in key indicators, which is very positive for Ukraine today. However, in the long term, there are a number of risks that should be taken into account by the government when formulating the state policy on the activities of institutional investors in these markets to protect the interests of citizen investors. The article provides suggestions on the main areas of improvement of the legislation on the activities of institutional investors to minimise the risks of citizen investors.
本文专门对俄罗斯全面入侵背景下乌克兰机构投资者的主要市场进行评估。本研究的目的是评估战争期间乌克兰的机构投资者市场。为实现这一目标,有必要解决以下任务:研究乌克兰机构投资者的法律地位及其类型,评估全面入侵开始后机构投资者市场的变化,确定目前市场上存在的主要风险,并就改善国家对机构投资者市场的监管以保护战时公民投资者的必要性提出建议。研究的方法论基础由一般科学认知方法构成:对周围现实现象的辩证认知方法和确定机构投资者法律地位的比较法律方法、逻辑方法(分析、综合、归纳、演绎、类比)、经济分析、绝对优势和比较优势以及分析机构投资者市场并提出建议的统计方法、计算机构投资者市场容量的数学方法。根据系统性和结构性方法,机构投资者市场由该市场的每个结构性要素进行评估。作者建议将机构投资者视为金融中介机构,吸引和积累个人投资者(金融服务消费者)的资金,并为个人投资者的利益开展投资活动,旨在为国家和社会的社会和经济重要部门提供资金。作者特别关注 "负责任的商业行为 "这一概念,指出如今,对社会负责任的商业行为对机构投资者的活动极为重要,其中包括 "负责任地吸引(积累)资金 "和 "负责任地使用(投资)投资者的资金"。研究发现,乌克兰机构投资者的主要市场--银行业、保险业和私人养老金--显示出稳定性,关键指标略有上升,这对当今的乌克兰来说是非常积极的。然而,从长远来看,政府在制定有关机构投资者在这些市场活动的国家政策时应考虑到一些风险,以保护公民投资者的利益。本文就完善机构投资者活动立法的主要领域提出建议,以尽量减少公民投资者的风险。
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引用次数: 0
ADMINISTRATIVE AND LEGAL SUPPORT OF POLICE MANAGEMENT IN THE CONTEXT OF ECONOMIC INTEGRATION 在经济一体化背景下为警察管理提供行政和法律支持
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-190-197
Nadiia Medvedenko, A. Kuchuk, Serhii Tryhub
The subject matter of the study is the conceptual, theoretical, empirical and methodological foundations of legal and economic aspects of administrative and legal support for the management of police activities in the context of economic integration. Methodology. The study uses general scientific and special methods of cognition. The dialectical method was used to analyse the essence of police management in the context of economic integration in both the legal and economic dimensions in a wide range of parameters. The analysis provided the basis for a multidimensional study of all the characteristic features of police management in the context of economic integration in economic and legal etymology. The synthesis created the basis for generalising the characteristic features of this police activity as a law enforcement agency. The formal legal method allowed for an accurate interpretation of the legal provisions defining the general and special legal framework for administrative and legal support of police management in the context of economic integration. The article aims at defining the essence of administrative and legal support for management of police activities in the context of economic integration and developing proposals for its improvement. The results of the publication show that the administrative and legal support of police management in the context of economic integration covers a number of comprehensive measures in various areas of activity of the relevant police unit, primarily aimed at ensuring economic security. The paper identifies areas for improving the administrative and legal support of police management in the context of economic integration, with a significant emphasis on lawmaking. Conclusion. In the context of economic globalisation, so-called transnational crimes play a significant role, including the creation of and participation in organised criminal groups, corruption offences, obstruction of justice, and money (income) laundering. The National Police of Ukraine is taking a number of measures to counteract unlawful manifestations in the economic sphere, which are largely components of transnational crime, by implementing appropriate management measures. In the context of administrative and legal support of the National Police, the article examines the structural elements of transnational crime and the powers of the police in this area. Some aspects related to combating crimes committed by organised groups and criminal organisations, corruption offences, economic crimes and the prevention of economic crime were highlighted. In order to overcome the negative manifestations of economic crime in the conditions of economic integration, relevant measures have been proposed, including: participation in legislative work, which should primarily incorporate the best practices of the international community in this area; development of the concept of service activities, which mediate the form and content of law enforcement act
本研究的主题是在经济一体化背景下为管理警务活动提供行政和法律支持的法律和经 济方面的概念、理论、经验和方法基础。研究方法。研究采用一般科学方法和特殊认知方法。采用辩证法从法律和经济两个层面分析经济一体化背景下警务管理的本质,涉及的参数范围很广。分析为多维度研究经济一体化背景下警察管理在经济和法律词源方面的所有特征提供了基础。综合分析为归纳这一警务活动作为执法机构的特点奠定了基础。正式法律方法有助于准确解释法律条款,这些条款界定了经济一体化背景下警察管理行政和法律支持的一般和特殊法律框架。文章旨在界定经济一体化背景下对警察活动管理的行政和法律支持的实质,并提出改进建议。该出版物的结果表明,经济一体化背景下对警察管理的行政和法律支持包括相关警察单位各活动领域的一系列综合措施,主要目的是确保经济安全。本文件确定了在经济一体化背景下改进警察管理的行政和法律支持的领域,重点是法律制定。结论。在经济全球化背景下,所谓的跨国犯罪发挥着重要作用,包括建立和参与有组织犯罪团伙、腐败犯罪、妨碍司法公正和洗钱(收入)。乌克兰国家警察正在采取一系列措施,通过实施适当的管理措施,打击经济领域的非法表现形式,这些表现形式在很大程度上是跨国犯罪的组成部分。在国家警察的行政和法律支持方面,文章审查了跨国犯罪的结构要素和警察在这一领域的权力。文章强调了与打击有组织团体和犯罪组织所犯罪行、腐败犯罪、经济犯罪和预防经济犯罪有关的一些方面。为了克服经济一体化条件下经济犯罪的负面表现,提出了相关措施,包括:参与立法工作,主要应吸收国际社会在这一领域的最佳做法;发展服务活动概念,对经济领域执法活动的形式和内容进行调解;改善打击经济领域腐败表现的管理活动;在国家警察相关部门培养合格的潜在人才,其活动旨在根据上述方向确保经济安全等。本文件就完善经济安全概念的立法定义和划定包括警察部门在内的国家安全实体在该领域的权限提出了建议。
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引用次数: 0
ECONOMIC AND LEGAL ASPECTS OF THE DEVELOPMENT OF INLAND NAVIGATION LAW (BASED ON THE MATERIALS OF GERMANY AND UKRAINE) 内河航运法发展的经济和法律问题(根据德国和乌克兰的材料编写)
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-161-169
Sergey Kuznichenko, G. Moshak, Oksana Kuznichenko
The article examines the economic and legal issues of inland navigation development based on the materials of Germany and Ukraine. The relevance of the paper of economic and legal aspects of the development of inland navigation and the legal status of a shipowner is due to their importance for science and practice and insufficient development in Ukraine, as well as a significant expansion of inland navigation against the background of curtailment of sea traffic due to Russian military restrictions on the Black Sea. The purpose of the study is to identify and analyse the economic and legal factors that contribute to the improvement of inland navigation. The authors use the methods of analysis and comparison of theoretical concepts and legal norms, and the method of socio-economic statistics is also used to argue proposals on the topic under study. The paper shows the connection between the concepts of inland navigation law and inland waterways law. This work uses German-language works by W. Korioth, J.-H. Krumme, T. Waldstein, H. Holland. The subject and direction of research of Ukrainian scientists P. Kazanski, A. V. Kulko, A. P. Efimenko, E. A. Samoilenko and G. V. Samoilenko are determined. The results of the study allowed to expand the understanding of the subject matter of inland navigation law as a set of predominantly private law provisions regulating relations in the field of navigation use of inland waterways. The research analyses the theoretical and regulatory foundations of the concept of inland waterway and indicators of the level of socio-economic development of Ukraine and Germany, which influence the state and development of concepts and norms of inland navigation law. Economic justification is provided for the limits of possible increase in cargo transportation, which may have a stimulating effect on the development of inland navigation law. It is proposed to adopt the best German experience and a temporary solution to the problem of the lack of regulations in the field of inland waterway transport of Ukraine.
文章根据德国和乌克兰的材料研究了内河航运发展的经济和法律问题。内河航运发展的经济和法律问题以及船东的法律地位之所以与本文相关,是因为这些问题对科学和实践的重要性以及乌克兰的发展不足,以及在俄罗斯对黑海的军事限制导致海上运输减少的背景下内河航运的显著扩大。本研究旨在确定和分析有助于改善内陆航运的经济和法律因素。作者使用了理论概念和法律规范的分析和比较方法,还使用了社会经济统计方法来论证有关研究课题的建议。论文展示了内河航运法和内河航道法概念之间的联系。本著作采用了 W. Korioth、J.-H.Krumme, T. Waldstein, H. Holland 的德文著作。确定了乌克兰科学家 P. Kazanski、A. V. Kulko、A. P. Efimenko、E. A. Samoilenko 和 G. V. Samoilenko 的研究课题和方向。研究结果有助于扩大对内河航运法这一主题的理解,将其视为一套主要调节内河航运使用领域关系的私法规定。研究分析了内河航道概念的理论和法规基础,以及乌克兰和德国社会经济发展水平的指标,这些指标影响着内河航运法概念和规范的状态和发展。为可能增加的货物运输限制提供了经济理由,这可能会对内河航运法的发展产生促进作用。建议采用德国的最佳经验和临时解决方案来解决乌克兰内河航运领域缺乏法规的问题。
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引用次数: 0
PREVENTION OF LEGALISATION (LAUNDERING) OF CRIMINAL PROCEEDS IN THE MECHANISM OF ENSURING ECONOMIC SECURITY OF THE STATE 在确保国家经济安全的机制中防止犯罪收益合法化(洗钱
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-198-205
Ehor Nazymko, O. Volobuieva, O. Kryzhanovskyi
The purpose of the article is to consider the nature and content of economic security as a component of national security of the state; to determine the peculiarities of implementation of a criminal illegal intention to commit legalisation (laundering) of criminally obtained property; to establish the main destructive features of legalisation (laundering) of criminally obtained property and their correlation with economic security of the state; to define the actual means of prevention of legalisation (laundering) of criminally obtained property in the mechanism of ensuring economic security of the state. A scientific discussion of the problem of ensuring the economic security of the country by reducing the risks of legalisation (laundering) of criminally acquired property is presented. The regulatory and programme documents in the field of ensuring economic security have been characterised. The nature and content of economic security as a component of the state's national security were determined. Statistical reporting of law enforcement bodies in terms of detection, investigation and prevention of predicate offences and direct legalisation (laundering) of criminally acquired property was analysed. The authors emphasise the need to improve the system of timely detection of economic risks and threats in order to avoid regulatory, supervisory, organisational and managerial gaps that facilitate both the commission of predicate criminal offences and direct legalisation of the proceeds of crime. Results. It has been established that the essence and content of economic security as a component of the state's national security consists in such functional features as: 1) ensuring the implementation of full cycle production as a means of increasing the level of resource efficiency of the economy; 2) providing foreign and domestic trade infrastructure as a means of increasing the institutional economic capacity of the state; 3) ensuring the investment attractiveness of the state as a means of improving the foreign and domestic economic policy of the state (investment and reinvestment processes); 4) ensuring economic stimulation for the systematisation of innovative renewal of the products of the activities of business entities; 5) ensuring control over labour migration in order to retain qualified specialists; 6) ensuring protection against economic crimes; 7) ensuring the development and competitiveness of the stock market. The specifics of the implementation of the criminal illegal intention to commit legalisation (laundering) of criminally obtained property have been differentiated: 1) multi-stage, which implies the presence of a complex mechanism of criminally illegal behaviour, often aimed at achieving several goals united by a single intention; 2) a list of possible predicate offences, which are fundamental in terms of property legalisation (laundering); 3) committing a criminal offence as part of an organised group/criminal organisation; 4) involving
文章的目的是研究作为国家安全组成部分的经济安全的性质和内容;确定实施将犯罪所得财产合法化(洗钱)的非法犯罪意图的特殊性;确定将犯罪所得财产合法化(洗钱)的主要破坏性特征及其与国家经济安全的相关性;确定在确保国家经济安全的机制中预防将犯罪所得财产合法化(洗钱)的实际手段。对通过降低犯罪所得财产合法化(洗钱)风险来确保国家经济安全的问题进行了科学探讨。对确保经济安全领域的法规和方案文件进行了描述。确定了作为国家安全组成部分的经济安全的性质和内容。分析了执法机构在侦查、调查和预防上游犯罪以及犯罪所得财产直接合法化(洗钱)方面的统计报告。作者强调有必要改进及时发现经济风险和威胁的系统,以避免在监管、监督、组织和管理方面出现漏洞,为上游刑事犯罪的实施和犯罪所得的直接合法化提供便利。成果。经济安全作为国家安全的一个组成部分,其本质和内容包括以下功能特征:1) 确保实施全周期生产,以此提高经济的资源效率水平;2) 提供国内外贸易基础设施,以此提高国家的机构经济能力;3) 确保国家的投资吸引力,以此改进国家的国内外经济政策(投资和再投资过程);4)确保经济刺激,使企业实体活动产品的创新更新系统化;5)确保对劳动力迁移的控制,以留住合格的专业人才;6)确保对经济犯罪的保护;7)确保股票市场的发展和竞争力。非法意图将犯罪所得财产合法化(洗钱)的具体实施方法有以下几种:1)多阶段,这意味着存在复杂的刑事非法行为机制,通常旨在实现由单一意图联合起来的多个目标;2)可能的上游犯罪清单,这是财产合法化(洗钱)的基础;3)作为有组织集团/犯罪组织的一部分实施刑事犯罪;4)涉及具有区域间和跨境联系的犯罪同伙;5)通过犯罪所得财产的合法化(洗钱)确保上游犯罪的潜伏性。在确保国家经济安全的机制中,提出了防止犯罪所得财产合法化(洗钱)的现代方法:1) 根据干预社会危险行为的对象,将犯罪所得财产合法化(洗钱)区分为经济犯罪和刑事犯罪; 2) 改进与获得财产权和其他经济交易有关的金融监管和登记程序;3) 从根本上摆脱旨在消除经济阴影的措施的普遍化(考虑到消除阴影的对象);4) 消除经济程序立法中的缺陷,这些缺陷往往为虚假破产创造了条件;5) 通过修订《乌克兰刑法典》第 209 条的制裁措施,消除刑事立法中的缺陷;6) 从根本上摆脱旨在消除经济阴影的措施的普遍化(考虑到消除阴影的对象);7) 从根本上摆脱旨在消除经济阴影的措施的普遍化(考虑到消除阴影的对象)。乌克兰刑法典》第 209 条的制裁。
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引用次数: 0
METAVERSE: MODEL CRIMINAL CODE 元宇宙:示范刑法典
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-134-147
O. Kostenko, Dmitro Zhuravlov, O. Dniprov, O. Korotiuk
The Scientific and Technical Revolution 5.0 and WEB 3.0 technologies create conditions for the renovation of various forms of social relations with the use of virtual and augmented reality technologies in the metaverse. According to the proposed theory, the legal regulation of social relations in the metaverse requires the development of a comprehensive electronic jurisdiction based on the latest basic legislation. The formation of legal regulation of the metaverse is a prerequisite for the need to form an electronic jurisdiction of the metaverse, which will include sectoral Metaverse Codes. The metaverse, as the electronic society of the future, does not yet have clear legal boundaries, and the task of scholars is to predict and outline with sufficient certainty the future contours of legal authority for virtual environments. Today, discussions in the scientific community about the feasibility and necessity of legal regulation of the metaverse often revolve around several key issues. First, there is the question of what legal framework should be applied in the metaverse and how conflicts between different legal systems should be resolved. Second, there is a debate about whether current regulatory bodies in the physical world have the capacity to effectively regulate the metaverse through existing laws and regulations. Third, there is the question of how to deal with offences committed in the virtual environment, and whether they should be dealt with under existing tort or criminal law, or whether a separate cross-border electronic jurisdiction should be created. The regulation of social relations in the metaverse should focus on one central goal: to clearly define the status of electronic entities, subjects and objects, to establish their rights, duties and responsibilities, and to define the different types of relations between virtual entities, subjects and objects within a given metaverse, as well as between different metaverses within an electronic jurisdiction and in a cross-border context. An essential component of the Metaverse Electronic Jurisdiction is a Metaverse Model Criminal Code that will outline the norms and offences applicable to analogue, hybrid and electronic jurisdictions. This code will define the types of socially harmful acts or crimes and the corresponding criminal penalties that will be applied within the metaverse. The formation of the electronic jurisdiction of the metaverse and the development of a Metaverse Model Criminal Code is a current scientific and legal issue.
科技革命 5.0 和 WEB 3.0 技术为在元宇宙中利用虚拟和增强现实技术革新各种形式的社会关系创造了条件。根据所提出的理论,要对元宇宙中的社会关系进行法律调节,就必须根据最新的基本立法制定全面的电子管辖权。元宇宙法律规范形成的前提是需要形成元宇宙电子管辖权,其中将包括部门元宇宙代码。作为未来的电子社会,元宇宙还没有明确的法律边界,学者们的任务是预测并充分确定地勾勒出虚拟环境未来的法律权威轮廓。如今,科学界关于对元宇宙进行法律监管的可行性和必要性的讨论往往围绕几个关键问题展开。首先是在元宇宙中应适用何种法律框架以及如何解决不同法律体系之间的冲突。其次,关于物理世界的现有监管机构是否有能力通过现有法律法规对元宇宙进行有效监管的争论。第三,如何处理在虚拟环境中犯下的罪行,是根据现有的侵权法或刑法处理,还是建立一个单独的跨境电子司法管辖区。规范元宇宙中的社会关系应围绕一个中心目标:明确界定电子实体、主体和客体的地位,确定其权利、义务和责任,并界定特定元宇宙中虚拟实体、主体和客体之间以及电子司法管辖范围内不同元宇宙之间和跨境背景下的不同类型关系。元宇宙电子管辖权的一个重要组成部分是元宇宙示范刑法典,该法典将概述适用于模拟、混合和电子管辖权的规范和罪行。该法典将界定元宇宙中适用的有害社会的行为或犯罪类型以及相应的刑事处罚。元宇宙电子管辖权的形成和《元宇宙示范刑法典》的制定是当前的一个科学和法律问题。
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引用次数: 0
THE POTENTIAL OF LOCAL BUSINESS INVOLVEMENT AS A DETERMINANT OF SOCIAL ENTREPRENEURSHIP DEVELOPMENT IN THE PROCESS OF VETERANS' REINTEGRATION 在退伍军人重返社会的过程中,当地企业的参与作为社会创业发展的决定因素的潜力
IF 0.5 Pub Date : 2023-11-17 DOI: 10.30525/2256-0742/2023-9-4-58-64
Anna Verbytska, Hanna Dyvnych, Olena Petryk
The purpose of the article is to propose an approach to analysing the potential of involving local business as a determinant of social entrepreneurship development in the process of reintegration of veterans. Methodology. The survey is based on the results of an online questionnaire on the current state and needs of business in Chernihiv Oblast in the post-occupation period. The questionnaire contained questions in which respondents could describe business needs, expected support from local governments, and identify favourable and unfavourable factors for the development of the business environment at the regional level. The second part of the empirical research included personal in-depth expert interviews with key informants from business, local government, NGOs and donor initiatives to study the recovery needs of key micro-, small- and medium-sized business sectors in the de-occupied cities of Chernihiv Oblast. The survey results revealed the needs of businesses in the post-occupation period. Despite the fact that the surveyed entrepreneurs note a decrease in income, they are still optimistic about doing business in Chernihiv in the near future. According to the survey, the main factors hindering business development in Chernihiv Oblast are: low solvency of buyers; insufficient financial resources; bureaucratic obstacles; and changes in market conditions. The factors that hinder the development of Chernihiv Oblast are identified: unfavourable conditions for the development of entrepreneurship in the region; lack of external investment in the region; political situation at the local level; unemployment in the region; insufficient level of public initiative and activity of residents. Based on the results of in-depth interviews, it is possible to assess the potential of local businesses in the context of their involvement in the development of social entrepreneurship with a focus on veteran businesses. Despite all the difficulties and problems, the trend towards business recovery in the de-occupation period is positive, based on the desire of entrepreneurs to work in the Chernihiv Oblast. The city has active and influential NGOs that are ready to act in the interests of the community. Currently, donor initiatives in the region are just beginning. Practical implications. Based on a study of the reintegration needs and problems of servicemen, veterans and their family members in starting their own business and an analysis of the local business environment, recommendations are made on the role of business in the development of social entrepreneurship of veterans as a tool for their reintegration. Value/originality. The research demonstrates an approach to determining the potential of business in its involvement in the development of social entrepreneurship as a tool for reintegrating veterans at the local level.
本文旨在提出一种方法,分析在退伍军人重返社会的过程中,当地企业作为社会创业发展的决定因素的参与潜力。调查方法。调查是基于对切尔尼戈夫州后占领时期企业现状和需求的在线问卷调查结果。问卷中包含了一些问题,受访者可以在这些问题中描述企业的需求、期望地方政府提供的支持,以及确定地区一级商业环境发展的有利和不利因素。实证研究的第二部分包括对来自企业、地方政府、非政府组织和捐助者倡议的主要信息提供者进行个人深入专家访谈,以研究切尔尼戈夫州被占领城市的主要微型、小型和中型企业部门的复苏需求。调查结果揭示了企业在后占领时期的需求。尽管接受调查的企业家们注意到收入有所减少,但他们仍然对近期内在切尔尼戈夫做生意持乐观态度。根据调查,阻碍切尔尼戈夫州企业发展的主要因素有:买方偿付能力低;资金不足;官僚主义障碍;市场条件变化。确定了阻碍切尔尼戈夫州发展的因素:在本地区发展企业的不利条件;在本地区缺乏外部投资;地方的政治形势;本地区的失业率;居民的公共主动性和活动水平不足。根据深入访谈的结果,可以评估当地企业在参与社会创业发展方面的潜力,重点是老企业。尽管存在各种困难和问题,但基于企业家们希望在切尔尼戈夫州工作的愿望,非占领时期的企业复苏趋势是积极的。切尔尼戈夫州的非政府组织非常活跃且具有影响力,随时准备为社区的利益采取行动。目前,该地区的捐助活动刚刚开始。实际意义。根据对军人、退伍军人及其家属重返社会的需求和创业问题的研究,以及对当地商业环境的分析,就商业在退伍军人社会创业发展中的作用提出建议,以此作为他们重返社会的工具。价值/独特性。本研究展示了一种方法,可用于确定企业在参与发展社会创业方面的潜力,以此作为在地方一级帮助退伍军人重返社会的工具。
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Baltic Journal of Economic Studies
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