Abstract. The relevance of the study lies in the study of negative trends of real reality in the life of Ukrainian society against the background of the international authority of our state. The problems of not fully effective operation of the law during the period of martial law and the inconsistency of the existing mechanisms for the protection of human rights and freedoms to the needs of citizens were considered. An overview of the restrictions that were introduced during the legal regime of martial law was made. Attention is focused on the unbalanced distribution of the role of the parliamentary-presidential model of interaction of all branches of government in society: the President, the National Security and Defense Council, as well as the Cabinet of Ministers of Ukraine for the purpose of legal regulation of public life in Ukraine. The research was carried out on the basis of a sociological survey conducted in order to determine the assessment of the legal ideology of martial law (128 people). Existing legislative conflicts in the sphere of restriction of the right to freedom of speech and security are highlighted.
{"title":"The philosophy of a law that doesn`t work","authors":"Antonina Tokarska, Markiyan Dobryanskyi","doi":"10.23939/law2023.38.104","DOIUrl":"https://doi.org/10.23939/law2023.38.104","url":null,"abstract":"Abstract. The relevance of the study lies in the study of negative trends of real reality in the life of Ukrainian society against the background of the international authority of our state. The problems of not fully effective operation of the law during the period of martial law and the inconsistency of the existing mechanisms for the protection of human rights and freedoms to the needs of citizens were considered. An overview of the restrictions that were introduced during the legal regime of martial law was made. Attention is focused on the unbalanced distribution of the role of the parliamentary-presidential model of interaction of all branches of government in society: the President, the National Security and Defense Council, as well as the Cabinet of Ministers of Ukraine for the purpose of legal regulation of public life in Ukraine. The research was carried out on the basis of a sociological survey conducted in order to determine the assessment of the legal ideology of martial law (128 people). Existing legislative conflicts in the sphere of restriction of the right to freedom of speech and security are highlighted.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296314","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 principle of the right to protection is crucial for upholding human rights, promoting social justice, and strengthening the rule of law in Ukraine. This article highlights the relevance of researching and addressing the challenges and opportunities in ensuring this right in Ukraine. It examines the country's political, social, and legal transformations, conflicts, and aspirations for European integration. The article explores Ukraine's legal framework, measures taken, and progress made in ensuring the right to protection, including the independence of the judiciary, access to justice, legal aid programs, and prevention of arbitrary detention or treatment. However, challenges such as corruption, delays in court proceedings, limited access to justice, conflict-affected areas, and societal attitudes persist. Addressing these challenges requires ongoing efforts, including judicial reforms, resource allocation, public awareness campaigns, conflict resolution, and human rights education. This research contributes to the broader discussions on human rights and the rule of law in transitional and post-conflict societies and informs strategies for promoting the right to protection worldwide. The article emphasizes the significance of the research topic by examining Ukraine's political, social, and legal transformations in recent years. These transformations have presented challenges related to the rule of law, corruption, and human rights protection. By focusing on the right to protection, researchers can assess the progress made, identify gaps and shortcomings, and provide insights into areas that require attention and improvement. This evaluation serves as a tool to measure the effectiveness of legal reforms, policy initiatives, and institutional changes undertaken in Ukraine to ensure the protection of individuals' rights. The relevance of this research topic is further underscored by Ukraine's ongoing conflicts and security concerns. The war and annexation of Ukrainian territories have resulted in human rights violations, displacement, and the need for accountability and justice. By examining the right to protection, researchers can explore the impact of these conflicts on individuals' rights, assess the measures taken to address the resulting challenges, and evaluate the extent to which the right to protection is upheld in Ukraine.
{"title":"Ensuring the principle of the right to protection in Ukraine","authors":"Mariana Pohorilets, Nataliya Slotvinska","doi":"10.23939/law2023.38.238","DOIUrl":"https://doi.org/10.23939/law2023.38.238","url":null,"abstract":"The principle of the right to protection is crucial for upholding human rights, promoting social justice, and strengthening the rule of law in Ukraine. This article highlights the relevance of researching and addressing the challenges and opportunities in ensuring this right in Ukraine. It examines the country's political, social, and legal transformations, conflicts, and aspirations for European integration. The article explores Ukraine's legal framework, measures taken, and progress made in ensuring the right to protection, including the independence of the judiciary, access to justice, legal aid programs, and prevention of arbitrary detention or treatment. However, challenges such as corruption, delays in court proceedings, limited access to justice, conflict-affected areas, and societal attitudes persist. Addressing these challenges requires ongoing efforts, including judicial reforms, resource allocation, public awareness campaigns, conflict resolution, and human rights education. This research contributes to the broader discussions on human rights and the rule of law in transitional and post-conflict societies and informs strategies for promoting the right to protection worldwide. The article emphasizes the significance of the research topic by examining Ukraine's political, social, and legal transformations in recent years. These transformations have presented challenges related to the rule of law, corruption, and human rights protection. By focusing on the right to protection, researchers can assess the progress made, identify gaps and shortcomings, and provide insights into areas that require attention and improvement. This evaluation serves as a tool to measure the effectiveness of legal reforms, policy initiatives, and institutional changes undertaken in Ukraine to ensure the protection of individuals' rights. The relevance of this research topic is further underscored by Ukraine's ongoing conflicts and security concerns. The war and annexation of Ukrainian territories have resulted in human rights violations, displacement, and the need for accountability and justice. By examining the right to protection, researchers can explore the impact of these conflicts on individuals' rights, assess the measures taken to address the resulting challenges, and evaluate the extent to which the right to protection is upheld in Ukraine.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295818","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 reveals the problems of conceptualization and institutionalization of the self-government of lawyers in the context of judicial reform in Ukraine, and suggests directions for reforming its organizational and functional foundations. The principles of institutional development of bar self-government are outlined: the unity of bar associations operating within the state; organization of activities based on partnership with state authorities; improvement of the institute of advocacy on the basis of international principles and standards both in the field of providing legal aid and in the field of advocacy; positioning the bar as a self-governing independent organization that is subordinated to the interests/requests not of the state apparatus, but of society (civil society), aimed at ensuring the provisions of Art. 59 and 131-2 of the Basic Law, namely on the provision of professional legal assistance. It was noted that activation and involvement of the legal profession in the process of forming a strategy for the development of the legal community is one of the defining tasks of the legal self-government bodies. This can be done by making relevant decisions by these bodies at the most transparent and public level. Five main priorities for reforming the institution of advocate self-governance have been identified: first, strengthening the professional rights of advocates and guarantees of advocacy; secondly, improvement of the criteria and procedures for access to the profession of a lawyer; thirdly, improvement of the institution of lawyer disciplinary responsibility; fourthly, improvement of self-governance of lawyers; fifth, ensuring transparent budgetary and financial procedures in the self-governing bodies of lawyers.
{"title":"Advocate self-government in the context of judicial reform in Ukraine","authors":"Khristyna Didukh","doi":"10.23939/law2023.38.035","DOIUrl":"https://doi.org/10.23939/law2023.38.035","url":null,"abstract":"The article reveals the problems of conceptualization and institutionalization of the self-government of lawyers in the context of judicial reform in Ukraine, and suggests directions for reforming its organizational and functional foundations. The principles of institutional development of bar self-government are outlined: the unity of bar associations operating within the state; organization of activities based on partnership with state authorities; improvement of the institute of advocacy on the basis of international principles and standards both in the field of providing legal aid and in the field of advocacy; positioning the bar as a self-governing independent organization that is subordinated to the interests/requests not of the state apparatus, but of society (civil society), aimed at ensuring the provisions of Art. 59 and 131-2 of the Basic Law, namely on the provision of professional legal assistance. It was noted that activation and involvement of the legal profession in the process of forming a strategy for the development of the legal community is one of the defining tasks of the legal self-government bodies. This can be done by making relevant decisions by these bodies at the most transparent and public level. Five main priorities for reforming the institution of advocate self-governance have been identified: first, strengthening the professional rights of advocates and guarantees of advocacy; secondly, improvement of the criteria and procedures for access to the profession of a lawyer; thirdly, improvement of the institution of lawyer disciplinary responsibility; fourthly, improvement of self-governance of lawyers; fifth, ensuring transparent budgetary and financial procedures in the self-governing bodies of lawyers.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295895","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 examines topical issues of the legal nature of self-defense of civil rights: scientific approaches to defining the concept of self-defense, methods as elements of self-defense, as well as its forms. Scientific discussions on this issue are considered, and conclusions are drawn based on the results of research. It has been found that self-defense is the actions taken by an actual or legal entity in order to prevent or stop the violation of their subjective right or legitimate interest in civil law relations. Such actions should have defined limits of implementation and should not exceed the necessary volume. Subjects have the right to self-defense, which enables them to carry out such actions. At the same time, if taking actions in the framework of self-defense violates the limits, then the subject who committed them can be brought to justice. The article emphasizes that the right to self-defense plays an important role in ensuring justice and balance in civil legal relations. It helps to ensure the protection of the interests of the person and preserve legal trust in the justice system. However, it is important to remember that self-defense must be used carefully and judiciously, taking into account the rules of law and with the aim of ensuring a harmonious settlement of a dispute or conflict.
{"title":"Legal nature of self-defense in civil law","authors":"Yaryna Matviienko, Victoria Chornopyska","doi":"10.23939/law2023.38.170","DOIUrl":"https://doi.org/10.23939/law2023.38.170","url":null,"abstract":"The article examines topical issues of the legal nature of self-defense of civil rights: scientific approaches to defining the concept of self-defense, methods as elements of self-defense, as well as its forms. Scientific discussions on this issue are considered, and conclusions are drawn based on the results of research. It has been found that self-defense is the actions taken by an actual or legal entity in order to prevent or stop the violation of their subjective right or legitimate interest in civil law relations. Such actions should have defined limits of implementation and should not exceed the necessary volume. Subjects have the right to self-defense, which enables them to carry out such actions. At the same time, if taking actions in the framework of self-defense violates the limits, then the subject who committed them can be brought to justice. The article emphasizes that the right to self-defense plays an important role in ensuring justice and balance in civil legal relations. It helps to ensure the protection of the interests of the person and preserve legal trust in the justice system. However, it is important to remember that self-defense must be used carefully and judiciously, taking into account the rules of law and with the aim of ensuring a harmonious settlement of a dispute or conflict.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"190 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296379","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 highlights the current problem of recognition and enforcement of decisions of foreign courts and arbitrations on the territory of Ukraine - circumstances that make such enforcement impossible or difficult. The issue of recognition and enforcement of court decisions of foreign states in Ukraine does not lose its relevance today. Decision of foreign court shall be recognized and executed in Ukraine, if its recognition and execution is envisaged by the international agreements of Ukraine. Decision of foreign court may be compulsory executed in Ukraine during three years starting from the day when it enters into force. Petition for granting permit to compulsory execution of decision of foreign court shall be submitted under the procedure, envisaged by the international agreements of Ukraine. If the above petition and documents submitted thereof are not registered in compliance with the requirements provided for by the legislation or not all necessary documents are submitted thereto, the respective court of Ukraine shall return them to the beneficiary (or its representative) without consideration. The issue related to grant of permit to compulsory execution of decision of foreign court under beneficiary's petition shall be considered by the Court of Appeal of the Autonomous Republic of Crimea, appeal oblast, Kyiv and Sevastopol city courts at the place of permanent or temporary residence or stay (location) of the debtor. If it is impossible to define location of the debtor, the issue related to grant of permit to compulsory execution of decision of foreign court shall be considered by the respective court of Ukraine at the place of location of debtor's property in Ukraine.The procedure for recognition and consent to the execution of decisions of foreign courts, based on the provisions of national legislation, is more simplified in its content than the similar procedure for decisions of international arbitrations.The need to recognize and enforce a court decision of a foreign state is related to the protection of the rights of individuals and legal entities on the basis of the corresponding decision on the territory of Ukraine.
{"title":"Recognition and enforcement of decisions of foreign courts and arbitrations on the territory of Ukraine.","authors":"Rostyslav Bundz","doi":"10.23939/law2023.38.017","DOIUrl":"https://doi.org/10.23939/law2023.38.017","url":null,"abstract":"The article highlights the current problem of recognition and enforcement of decisions of foreign courts and arbitrations on the territory of Ukraine - circumstances that make such enforcement impossible or difficult. The issue of recognition and enforcement of court decisions of foreign states in Ukraine does not lose its relevance today. Decision of foreign court shall be recognized and executed in Ukraine, if its recognition and execution is envisaged by the international agreements of Ukraine. Decision of foreign court may be compulsory executed in Ukraine during three years starting from the day when it enters into force. Petition for granting permit to compulsory execution of decision of foreign court shall be submitted under the procedure, envisaged by the international agreements of Ukraine. If the above petition and documents submitted thereof are not registered in compliance with the requirements provided for by the legislation or not all necessary documents are submitted thereto, the respective court of Ukraine shall return them to the beneficiary (or its representative) without consideration. The issue related to grant of permit to compulsory execution of decision of foreign court under beneficiary's petition shall be considered by the Court of Appeal of the Autonomous Republic of Crimea, appeal oblast, Kyiv and Sevastopol city courts at the place of permanent or temporary residence or stay (location) of the debtor. If it is impossible to define location of the debtor, the issue related to grant of permit to compulsory execution of decision of foreign court shall be considered by the respective court of Ukraine at the place of location of debtor's property in Ukraine.The procedure for recognition and consent to the execution of decisions of foreign courts, based on the provisions of national legislation, is more simplified in its content than the similar procedure for decisions of international arbitrations.The need to recognize and enforce a court decision of a foreign state is related to the protection of the rights of individuals and legal entities on the basis of the corresponding decision on the territory of Ukraine.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295890","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 essential features of informational military aggression that distinguish it from war in the traditional sense. The significant features of informational aggression, which are relevant to the current Ukrainian situation, are singled out, namely: non-force nature, lack of submission to physical laws (no mass, weight, size, temperature, etc.); non-linearity, i.e. disproportionate dependence of cause and effect, violation of the law of conservation of matter and energy, cumulative nature, possibility of avalanche-like growth of information; the possibility of maximum range and speed of distribution, which increases with the development of information technologies; the possibility of perfect cloning; non-localization in time - the consequences of informational aggression and violence can be blurred in time and space; pandemic, mediated nature and secrecy of influence (informational action has a global character and, unlike physical influence, can be completely imperceptible); the virtual nature of the action, the possibility of focusing, selectivity, vulnerability (the fragility of the information world, ease of access, the possibility of hacking information systems). It has been proven that modern military conflicts, in order to ensure their own legitimacy and for the purpose of exerting manipulative influences, qualitatively use the communicative capabilities of modern post-industrial (informational, etc.) society. Information weapons are extremely destructive and affect the most important - the spiritual sphere of society, and can be classified as weapons of mass destruction. In addition, the universality and effectiveness of information weapons makes them rank as absolute weapons available to all organized structures in peacetime and, especially, in wartime.
{"title":"The phenomenon of information aggression in the conditions of Russia`s full-scale war against Ukraine","authors":"Khrystyna Maksym","doi":"10.23939/law2023.38.072","DOIUrl":"https://doi.org/10.23939/law2023.38.072","url":null,"abstract":"The article analyzes the essential features of informational military aggression that distinguish it from war in the traditional sense. The significant features of informational aggression, which are relevant to the current Ukrainian situation, are singled out, namely: non-force nature, lack of submission to physical laws (no mass, weight, size, temperature, etc.); non-linearity, i.e. disproportionate dependence of cause and effect, violation of the law of conservation of matter and energy, cumulative nature, possibility of avalanche-like growth of information; the possibility of maximum range and speed of distribution, which increases with the development of information technologies; the possibility of perfect cloning; non-localization in time - the consequences of informational aggression and violence can be blurred in time and space; pandemic, mediated nature and secrecy of influence (informational action has a global character and, unlike physical influence, can be completely imperceptible); the virtual nature of the action, the possibility of focusing, selectivity, vulnerability (the fragility of the information world, ease of access, the possibility of hacking information systems). It has been proven that modern military conflicts, in order to ensure their own legitimacy and for the purpose of exerting manipulative influences, qualitatively use the communicative capabilities of modern post-industrial (informational, etc.) society. Information weapons are extremely destructive and affect the most important - the spiritual sphere of society, and can be classified as weapons of mass destruction. In addition, the universality and effectiveness of information weapons makes them rank as absolute weapons available to all organized structures in peacetime and, especially, in wartime.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295893","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}
Abstract. The relevance of the mentioned issues lies in the analysis of the approaches to the interpretation of legal understanding as a key category of jurisprudence available in the legal doctrine. The nature of professional legal understanding as its separate level (type) is revealed. The peculiarities of the professional legal understanding of practicing lawyers in various legal families of today are outlined. It was determined that the dynamics of changes in the life of modern society, its increasing individualization and globalization are reflected in the radical transformation of legal reality, affect the entire legal toolkit and professional training of lawyers. In the context of such changes, the issue of professional legal understanding as a praxeological basis of practical legal activity acquires a new vision. The problem of professional legal understanding is extremely important and complex, as it is not reduced to simple knowledge of national and international law and the use of this knowledge in the process of solving specific legal cases. Legal activity requires a combination of abstract and concrete, highlighting the legal aspect of any problem under consideration, generalization and classification of various legally significant phenomena, events and facts. It was concluded that the semantic characteristics of law and the profession of a lawyer are always connected with the possibilities of preventing the occurrence of conflict situations, and in the event of conflicts, achieving their optimal resolution. Just as the purpose of law from its inception in ancient society to the present day is to ensure the integrity of human existence from the clan or tribe in ancient society to the family and the state in modern life. If the scientific-theoretical understanding of law involves the achievement of systematization, orderliness, and certainty of legal norms, then professional understanding of law focuses on its individualized forms, which involve the active, creative influence of legal practitioners, etc. The formation, functioning and development of professional legal understanding are significantly influenced not only, or even sometimes not so rational, as irrational moments (aspects) inherent in the individual creativity of subjects of practical legal activity. Within the understanding of the essence of law is the primary source of the problem of legal science as a whole. Throughout the centuries-old history of the genesis of law, scientific interest in it does not fade away, but, on the contrary, is constantly growing.
{"title":"Features of professional legal understanding","authors":"Mykhailo Kelman","doi":"10.23939/law2023.38.057","DOIUrl":"https://doi.org/10.23939/law2023.38.057","url":null,"abstract":"Abstract. The relevance of the mentioned issues lies in the analysis of the approaches to the interpretation of legal understanding as a key category of jurisprudence available in the legal doctrine. The nature of professional legal understanding as its separate level (type) is revealed. The peculiarities of the professional legal understanding of practicing lawyers in various legal families of today are outlined. It was determined that the dynamics of changes in the life of modern society, its increasing individualization and globalization are reflected in the radical transformation of legal reality, affect the entire legal toolkit and professional training of lawyers. In the context of such changes, the issue of professional legal understanding as a praxeological basis of practical legal activity acquires a new vision. The problem of professional legal understanding is extremely important and complex, as it is not reduced to simple knowledge of national and international law and the use of this knowledge in the process of solving specific legal cases. Legal activity requires a combination of abstract and concrete, highlighting the legal aspect of any problem under consideration, generalization and classification of various legally significant phenomena, events and facts. It was concluded that the semantic characteristics of law and the profession of a lawyer are always connected with the possibilities of preventing the occurrence of conflict situations, and in the event of conflicts, achieving their optimal resolution. Just as the purpose of law from its inception in ancient society to the present day is to ensure the integrity of human existence from the clan or tribe in ancient society to the family and the state in modern life. If the scientific-theoretical understanding of law involves the achievement of systematization, orderliness, and certainty of legal norms, then professional understanding of law focuses on its individualized forms, which involve the active, creative influence of legal practitioners, etc. The formation, functioning and development of professional legal understanding are significantly influenced not only, or even sometimes not so rational, as irrational moments (aspects) inherent in the individual creativity of subjects of practical legal activity. Within the understanding of the essence of law is the primary source of the problem of legal science as a whole. Throughout the centuries-old history of the genesis of law, scientific interest in it does not fade away, but, on the contrary, is constantly growing.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295991","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}
By ratifying the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) Ukraine has committed itself to a change of established practices regarding the provision of environmental information and the right of the public to appeal to the court with claims for environmental protection. The implementation of the norms of this Convention has become quite problematic, not least due to the insufficient level of environmental awareness of Ukrainian society. However, positive changes in this area are still taking place, not least due to the active work of various public environmental organizations. It seems that the scientific study of the norms of the Aarhus Convention will also to some extent contribute to the progress of our state and society in the field of environmental protection. We consider it necessary to enshrine the "automatic" recognition of legal interest (i.e. the right to sue in matters relating to environmental protection) for any non-governmental environmental organization registered and operating in accordance with Ukrainian law. This will meet the requirements of Part 4 of Art. 3 of the Aarhus Convention, according to which our state ensures "proper recognition of associations, organizations or groups that contribute to the protection of the environment, and provides them with appropriate support and ensures compliance of its national legal system with this obligation" Among the trends that can be considered extremely positive is the recent legal conclusion of the Supreme Court in the case of banning the dolphinarium. In this case, the Supreme Court stressed that "the right to protection of the violated constitutional right to a safe environment belongs to everyone and can be exercised both personally and with the participation of a public representative". Given the binding nature of the Supreme Court's legal conclusions, we hope that this case will be a significant milestone in bringing domestic legislation and the practice of its application to the requirements of the Aarhus Convention.
{"title":"The norms of the Aarhus convention in terms of combining the right to a healthy environment and the duty to protect it","authors":"Mariana Tarnavska","doi":"10.23939/law2023.38.155","DOIUrl":"https://doi.org/10.23939/law2023.38.155","url":null,"abstract":"By ratifying the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) Ukraine has committed itself to a change of established practices regarding the provision of environmental information and the right of the public to appeal to the court with claims for environmental protection. The implementation of the norms of this Convention has become quite problematic, not least due to the insufficient level of environmental awareness of Ukrainian society. However, positive changes in this area are still taking place, not least due to the active work of various public environmental organizations. It seems that the scientific study of the norms of the Aarhus Convention will also to some extent contribute to the progress of our state and society in the field of environmental protection. We consider it necessary to enshrine the \"automatic\" recognition of legal interest (i.e. the right to sue in matters relating to environmental protection) for any non-governmental environmental organization registered and operating in accordance with Ukrainian law. This will meet the requirements of Part 4 of Art. 3 of the Aarhus Convention, according to which our state ensures \"proper recognition of associations, organizations or groups that contribute to the protection of the environment, and provides them with appropriate support and ensures compliance of its national legal system with this obligation\" Among the trends that can be considered extremely positive is the recent legal conclusion of the Supreme Court in the case of banning the dolphinarium. In this case, the Supreme Court stressed that \"the right to protection of the violated constitutional right to a safe environment belongs to everyone and can be exercised both personally and with the participation of a public representative\". Given the binding nature of the Supreme Court's legal conclusions, we hope that this case will be a significant milestone in bringing domestic legislation and the practice of its application to the requirements of the Aarhus Convention.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296377","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 history of the adoption of anti-corruption legislation regarding the creation of anti-corruption bodies in Ukraine as the main means of combating corruption is considered. It was found that the history of the emergence of anti-corruption bodies began after the Revolution of Dignity, when Ukrainian society initiated a series of changes that had a fundamental impact on their creation. Also, the impetus for the creation of anti-corruption bodies in Ukraine was the demands of the international world community and, in particular, Ukraine's obligations to the EU. The anti-corruption bodies, which are the National Agency for the Prevention of Corruption, are analyzed - this is a central body of the executive power with a special status, which ensures the formation and implementation of the state anti-corruption policy; The National Council on Anti-corruption Policy is a consultative and advisory body under the President of Ukraine, which provides recommendations on directions for the development of Ukraine's anti-corruption policy; The National Anti-Corruption Bureau of Ukraine is a central body of the executive power with a special status, which is entrusted with the prevention, detection, termination, investigation and disclosure of corruption and other criminal offenses assigned to its jurisdiction, as well as the prevention of new ones; The specialized anti-corruption prosecutor's office is an independent structural unit, which is formed in the Office of the Prosecutor General, carries out procedural management and supports the state prosecution in the High Anti-Corruption Court in proceedings under the jurisdiction of the National Anti-Corruption Bureau of Ukraine; The National Agency of Ukraine for Identification, Search and Management of Assets Obtained from Corruption and Other Crimes is a central executive body with a special status, authorized to form and implement state policy in the field of identification and search of assets that can be seized in criminal proceedings. as well as management of assets seized in criminal proceedings; The higher anti-corruption court is the highest specialized court in the judicial system of Ukraine, it hears proceedings on corruption crimes investigated by the National Anti-Corruption Bureau of Ukraine, makes decisions as a court of first instance and appellate instance. It was concluded that the creation of new anti-corruption bodies is more effective and faster than reforming the existing ones. This is the path Ukraine has chosen and it will give it the opportunity to join the EU, OECD and NATO as soon as possible.
{"title":"Anti-corruption bodies, as main measures of anti-corruption","authors":"Svitlana Soroka, Anastasiia Heneralova","doi":"10.23939/law2023.38.249","DOIUrl":"https://doi.org/10.23939/law2023.38.249","url":null,"abstract":"The history of the adoption of anti-corruption legislation regarding the creation of anti-corruption bodies in Ukraine as the main means of combating corruption is considered. It was found that the history of the emergence of anti-corruption bodies began after the Revolution of Dignity, when Ukrainian society initiated a series of changes that had a fundamental impact on their creation. Also, the impetus for the creation of anti-corruption bodies in Ukraine was the demands of the international world community and, in particular, Ukraine's obligations to the EU. The anti-corruption bodies, which are the National Agency for the Prevention of Corruption, are analyzed - this is a central body of the executive power with a special status, which ensures the formation and implementation of the state anti-corruption policy; The National Council on Anti-corruption Policy is a consultative and advisory body under the President of Ukraine, which provides recommendations on directions for the development of Ukraine's anti-corruption policy; The National Anti-Corruption Bureau of Ukraine is a central body of the executive power with a special status, which is entrusted with the prevention, detection, termination, investigation and disclosure of corruption and other criminal offenses assigned to its jurisdiction, as well as the prevention of new ones; The specialized anti-corruption prosecutor's office is an independent structural unit, which is formed in the Office of the Prosecutor General, carries out procedural management and supports the state prosecution in the High Anti-Corruption Court in proceedings under the jurisdiction of the National Anti-Corruption Bureau of Ukraine; The National Agency of Ukraine for Identification, Search and Management of Assets Obtained from Corruption and Other Crimes is a central executive body with a special status, authorized to form and implement state policy in the field of identification and search of assets that can be seized in criminal proceedings. as well as management of assets seized in criminal proceedings; The higher anti-corruption court is the highest specialized court in the judicial system of Ukraine, it hears proceedings on corruption crimes investigated by the National Anti-Corruption Bureau of Ukraine, makes decisions as a court of first instance and appellate instance. It was concluded that the creation of new anti-corruption bodies is more effective and faster than reforming the existing ones. This is the path Ukraine has chosen and it will give it the opportunity to join the EU, OECD and NATO as soon as possible.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"303 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296385","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 peculiarities of the functioning of local self-government in the conditions of martial law. It has been found that local self-government in Ukraine is a state-guaranteed right and real ability of a territorial community - residents of a village or a voluntary association of residents of several villages, towns, cities into a rural community - independently or under the responsibility of local self-government bodies and officials of local importance within the limits of the Constitution and laws of Ukraine. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions. It is noted that in the territories where martial law has been introduced, in order to ensure the operation of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of critical infrastructure, protection of rights, freedoms and legitimate interests of citizens, temporary state bodies - military administrations - can be formed. It was established that the creation of military administrations does not deprive local self-government bodies of their powers. It is indicated that local self-government in Ukraine demonstrated a significant level of efficiency when functioning under martial law. If it is necessary to solve a number of complex problems at the same time, the effectiveness of interaction between state authorities, the leadership of territorial communities and representatives of public and volunteer organizations remains high, which allows avoiding sharp crises in the process of ensuring the livelihood of communities. Last but not least, this situation is possible thanks to the 2014-2021 reform of power decentralization in Ukraine, which allowed a significant amount of powers and resources to be transferred «to places». Cooperation of local self-government bodies with international organizations is also a positive practice, which allows implementing joint development projects and sharing experience in various fields. It is emphasized that local self-government bodies play a major role in the creation of a state in modern Ukraine.
{"title":"Local government in Ukraine under the conditions of marital state","authors":"Bogdana Melnychenko, Marko Midyk","doi":"10.23939/law2023.38.137","DOIUrl":"https://doi.org/10.23939/law2023.38.137","url":null,"abstract":"The article analyzes the peculiarities of the functioning of local self-government in the conditions of martial law. It has been found that local self-government in Ukraine is a state-guaranteed right and real ability of a territorial community - residents of a village or a voluntary association of residents of several villages, towns, cities into a rural community - independently or under the responsibility of local self-government bodies and officials of local importance within the limits of the Constitution and laws of Ukraine. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions. It is noted that in the territories where martial law has been introduced, in order to ensure the operation of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of critical infrastructure, protection of rights, freedoms and legitimate interests of citizens, temporary state bodies - military administrations - can be formed. It was established that the creation of military administrations does not deprive local self-government bodies of their powers. It is indicated that local self-government in Ukraine demonstrated a significant level of efficiency when functioning under martial law. If it is necessary to solve a number of complex problems at the same time, the effectiveness of interaction between state authorities, the leadership of territorial communities and representatives of public and volunteer organizations remains high, which allows avoiding sharp crises in the process of ensuring the livelihood of communities. Last but not least, this situation is possible thanks to the 2014-2021 reform of power decentralization in Ukraine, which allowed a significant amount of powers and resources to be transferred «to places». Cooperation of local self-government bodies with international organizations is also a positive practice, which allows implementing joint development projects and sharing experience in various fields. It is emphasized that local self-government bodies play a major role in the creation of a state in modern Ukraine.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295817","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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