Annotation. The article deals with the extension of the scope of an escrow account contract application in Ukraine. Amendments were made to Article 537 of the Civil Code of Ukraine, which introduced the possibility of fulfilling the obligation by the debtor by depositing cash or securities into the escrow account. The author analyzes the conditions envisaged by law under which the aforementioned mechanism is available for use. Based on the study of regulatory legal acts of the National Bank, the author establishes the algorithm of actions in case of its application, in particular, the procedure for the participation of a notary. The author analyzes and compares the legislative provisions on the procedure for returning funds to the person who deposited them in order to fulfill an obligation into the deposit of a notary and into the escrow account. In this context, the author analyzes the meaning of the term "depositor" in the legislation on the depository system and in the Procedure for Notarial Acts by Notaries of Ukraine, and draws conclusions about the differences in their meaning. It is found out that the return of monetary amounts and securities to the person who deposited them with a notary is allowed only with the consent of the creditor, which must be in writing. At the same time, termination of the escrow account contract is also permitted only upon receipt of the beneficiary’s written consent. The possibility of returning funds without his consent exists only if there is a relevant court decision. The author examines the peculiarities of an escrow account contract in the context of the beneficiary’s right to instruct the bank to transfer funds from the account to another person, as well as the period during which funds may be received from it as compared to a notary’s deposit. The author clarifies the procedure for protecting the rights and interests of a person who has been unreasonably denied a notarial act such as acceptance of a sum of money or securities from a debtor and crediting them to an escrow account. The author proposes to amend the Law of Ukraine "On the Notary Office" in accordance with the new wording of Article 537 of the Civil Code of Ukraine with an indication of such type of notarial acts as acceptance of a debt from a debtor with opening of an escrow account.
{"title":"Fulfillment of the obligation to deposit the debt to the escrow account as an alternative to its deposit to the notary deposit under the laws of Ukraine","authors":"Svitlana Synchuk, Iryna Shpuhanych","doi":"10.23939/law2023.40.242","DOIUrl":"https://doi.org/10.23939/law2023.40.242","url":null,"abstract":"Annotation. The article deals with the extension of the scope of an escrow account contract application in Ukraine. Amendments were made to Article 537 of the Civil Code of Ukraine, which introduced the possibility of fulfilling the obligation by the debtor by depositing cash or securities into the escrow account. The author analyzes the conditions envisaged by law under which the aforementioned mechanism is available for use. Based on the study of regulatory legal acts of the National Bank, the author establishes the algorithm of actions in case of its application, in particular, the procedure for the participation of a notary. The author analyzes and compares the legislative provisions on the procedure for returning funds to the person who deposited them in order to fulfill an obligation into the deposit of a notary and into the escrow account. In this context, the author analyzes the meaning of the term \"depositor\" in the legislation on the depository system and in the Procedure for Notarial Acts by Notaries of Ukraine, and draws conclusions about the differences in their meaning. It is found out that the return of monetary amounts and securities to the person who deposited them with a notary is allowed only with the consent of the creditor, which must be in writing. At the same time, termination of the escrow account contract is also permitted only upon receipt of the beneficiary’s written consent. The possibility of returning funds without his consent exists only if there is a relevant court decision. The author examines the peculiarities of an escrow account contract in the context of the beneficiary’s right to instruct the bank to transfer funds from the account to another person, as well as the period during which funds may be received from it as compared to a notary’s deposit. The author clarifies the procedure for protecting the rights and interests of a person who has been unreasonably denied a notarial act such as acceptance of a sum of money or securities from a debtor and crediting them to an escrow account. The author proposes to amend the Law of Ukraine \"On the Notary Office\" in accordance with the new wording of Article 537 of the Civil Code of Ukraine with an indication of such type of notarial acts as acceptance of a debt from a debtor with opening of an escrow account.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"16 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139172992","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 article focuses on the fact that the sphere of behavior of a person, which today is regulated by the legislation of Ukraine on criminal liability, and which in connection with this becomes the object of an official assessment, is actually much wider than criminally punishable acts, and primarily, it concerns legally significant treatment of a person after committing a criminal offense. Such behavior is called "post-criminal", "post-criminal" or "post-criminal". At the same time, it is noted that, taking into account the changes introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Simplifying Pretrial Investigation of Certain Categories of Criminal Offenses" dated November 22, 2018 No. 2617 VIII (entered into force on July 1, 2020), the use of phrases "post-criminal behavior" or "post-criminal behavior" is inappropriate and incorrect. Therefore, the updated classification of criminally punishable acts and the introduction of the concept of "criminal offense" allows the use of the concept of "post-criminal". Based on the analysis of the work of leading scientists in the field of criminal law, as well as evaluating the legal construction of post-criminal behavior, taking into account the linguistic analysis of the content of the concept, it was established that post-criminal behavior can be defined as a legally significant action or inaction (more often a combination of them) of a person after committing a criminal offense offense and until the time of repayment (removal) of the criminal record or the occurrence of other legally significant consequences, which indicate the termination of criminal-legal relations and are caused by such behavior (release of a person from criminal responsibility, release from punishment, etc.).
{"title":"Understanding the post-criminal behavior of the offender, who committed a criminal offense","authors":"Volodymyr Ortynskyi","doi":"10.23939/law2023.40.001","DOIUrl":"https://doi.org/10.23939/law2023.40.001","url":null,"abstract":"Abstract. The article focuses on the fact that the sphere of behavior of a person, which today is regulated by the legislation of Ukraine on criminal liability, and which in connection with this becomes the object of an official assessment, is actually much wider than criminally punishable acts, and primarily, it concerns legally significant treatment of a person after committing a criminal offense. Such behavior is called \"post-criminal\", \"post-criminal\" or \"post-criminal\". At the same time, it is noted that, taking into account the changes introduced by the Law of Ukraine \"On Amendments to Certain Legislative Acts of Ukraine on Simplifying Pretrial Investigation of Certain Categories of Criminal Offenses\" dated November 22, 2018 No. 2617 VIII (entered into force on July 1, 2020), the use of phrases \"post-criminal behavior\" or \"post-criminal behavior\" is inappropriate and incorrect. Therefore, the updated classification of criminally punishable acts and the introduction of the concept of \"criminal offense\" allows the use of the concept of \"post-criminal\". Based on the analysis of the work of leading scientists in the field of criminal law, as well as evaluating the legal construction of post-criminal behavior, taking into account the linguistic analysis of the content of the concept, it was established that post-criminal behavior can be defined as a legally significant action or inaction (more often a combination of them) of a person after committing a criminal offense offense and until the time of repayment (removal) of the criminal record or the occurrence of other legally significant consequences, which indicate the termination of criminal-legal relations and are caused by such behavior (release of a person from criminal responsibility, release from punishment, etc.).","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"41 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174975","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}
This article is devoted to the analysis of one of the most relevant areas of development of the agricultural sector in Ukraine – organic agricultural production. The mechanism of support and encouragement of the domestic producer has been studied. An important aspect is the legislative regulation of organic farming, its problems and prospects based on the experience of other states, as well as the possibility of implementation at the state level. The impetus for changing the vector of the state producer in favor of organic production was the Agreement on Association between Ukraine and the European Union dated June 27, 2014 No. 984_011, which provides for cooperation between the Parties in various areas, including the field of agriculture and the development of rural areas. It is indisputable that the lack of proper state support and the lack of sufficient stimulation of the agricultural producer when switching to the production of ecologically clean products becomes an obstacle for the development of this industry, so the question arises about the need to attract international donors, consolidation of state and regional programs. In general, the agrarian policy of Ukraine has potential and is taking gradual steps to popularize and encourage producers to switch to organic product production. The article provides data on the current state of state and regional policy to support organic production in Ukraine, analyzes measures to stimulate the development of organic production, and their regulatory regulation. It was concluded that, as of now, there is no possibility to systematically provide the appropriate level of state support at the expense of the state budget. Therefore, in matters of protectionism of organic production, the resources of the state and local budgets should be combined within the limits of the adopted regional programs and the attraction of grant funds.
{"title":"Organizational and legal basis of supporting the development of organic production in Ukraine at the state and local levels","authors":"Uliana Radionova, Dmytro Luts","doi":"10.23939/law2023.40.232","DOIUrl":"https://doi.org/10.23939/law2023.40.232","url":null,"abstract":"This article is devoted to the analysis of one of the most relevant areas of development of the agricultural sector in Ukraine – organic agricultural production. The mechanism of support and encouragement of the domestic producer has been studied. An important aspect is the legislative regulation of organic farming, its problems and prospects based on the experience of other states, as well as the possibility of implementation at the state level. The impetus for changing the vector of the state producer in favor of organic production was the Agreement on Association between Ukraine and the European Union dated June 27, 2014 No. 984_011, which provides for cooperation between the Parties in various areas, including the field of agriculture and the development of rural areas. It is indisputable that the lack of proper state support and the lack of sufficient stimulation of the agricultural producer when switching to the production of ecologically clean products becomes an obstacle for the development of this industry, so the question arises about the need to attract international donors, consolidation of state and regional programs. In general, the agrarian policy of Ukraine has potential and is taking gradual steps to popularize and encourage producers to switch to organic product production. The article provides data on the current state of state and regional policy to support organic production in Ukraine, analyzes measures to stimulate the development of organic production, and their regulatory regulation. It was concluded that, as of now, there is no possibility to systematically provide the appropriate level of state support at the expense of the state budget. Therefore, in matters of protectionism of organic production, the resources of the state and local budgets should be combined within the limits of the adopted regional programs and the attraction of grant funds.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"32 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175889","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: this article analyzes modern international legal instruments for the protection of human rights and freedoms during a full-scale war on the territory of Ukraine, in particular during the conflict with Russia. Key international documents, such as the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the role of international judicial bodies in guaranteeing justice and protecting human and citizen rights are studied. The importance of Ukraine's cooperation with international organizations, the ratification of international treaties and the fulfillment of international obligations in the context of the protection of human rights in conditions of war is emphasized as fundamental aspects of this problem.
{"title":"Modern international legal means of protection of human and citizen rights and freedoms during a full-scale war on the territory of Ukraine","authors":"Y. Bohiv, Ivan Kondretskyi","doi":"10.23939/law2023.40.372","DOIUrl":"https://doi.org/10.23939/law2023.40.372","url":null,"abstract":"Abstract: this article analyzes modern international legal instruments for the protection of human rights and freedoms during a full-scale war on the territory of Ukraine, in particular during the conflict with Russia. Key international documents, such as the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the role of international judicial bodies in guaranteeing justice and protecting human and citizen rights are studied. The importance of Ukraine's cooperation with international organizations, the ratification of international treaties and the fulfillment of international obligations in the context of the protection of human rights in conditions of war is emphasized as fundamental aspects of this problem.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"120 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175931","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}
Successful development and the formation of a modern legal system in Ukraine should be based on the understanding of the value of human life, the importance of the full and harmonious development of each individual, ensuring human rights, and the necessity of creating conditions for the self-realization of human potential. This is possible only through the provision of gender equality. The study and reconsideration of the idea of gender equality through the example of the activities of Ukrainian women's movements in the conditions of emigration not only analyze the development of this idea in the past but also take into account the achievements of the past in understanding the ways and legal mechanisms for the real provision of gender equality in modern Ukrainian society. The article examines the role and contribution of Ukrainian women in the process of shaping the national worldview among the Ukrainian diaspora in Canada. The importance of the contribution of Ukrainian women in the diaspora to the formation of cultural and national identity helps to highlight their role in preserving and developing the Ukrainian heritage beyond the homeland and their influence on the activities of women's movements in Ukraine during the studied period. An integral part of the socio-political life in the Ukrainian diaspora in Canada became the women's movement, which initiated the creation of Ukrainian women's societies. Their task was not only to preserve national self-identification and culture but also the need to assist national institutions in Ukraine. The article also reveals important aspects of women's activities in public life, education, the cultural sphere, and the struggle for the rights of the Ukrainian community in Canada. It explores the instruments, methods, and strategies used by women to support their national identity and contribute to the formation of a Ukrainian national worldview among the immigrant community.
{"title":"Women of Ukraine in the struggle for the formation of a national outlook in the conditions of emigration: the example of the activities of Ukrainian women`s organization in Canada","authors":"I. Periv","doi":"10.23939/law2023.40.005","DOIUrl":"https://doi.org/10.23939/law2023.40.005","url":null,"abstract":"Successful development and the formation of a modern legal system in Ukraine should be based on the understanding of the value of human life, the importance of the full and harmonious development of each individual, ensuring human rights, and the necessity of creating conditions for the self-realization of human potential. This is possible only through the provision of gender equality. The study and reconsideration of the idea of gender equality through the example of the activities of Ukrainian women's movements in the conditions of emigration not only analyze the development of this idea in the past but also take into account the achievements of the past in understanding the ways and legal mechanisms for the real provision of gender equality in modern Ukrainian society. The article examines the role and contribution of Ukrainian women in the process of shaping the national worldview among the Ukrainian diaspora in Canada. The importance of the contribution of Ukrainian women in the diaspora to the formation of cultural and national identity helps to highlight their role in preserving and developing the Ukrainian heritage beyond the homeland and their influence on the activities of women's movements in Ukraine during the studied period. An integral part of the socio-political life in the Ukrainian diaspora in Canada became the women's movement, which initiated the creation of Ukrainian women's societies. Their task was not only to preserve national self-identification and culture but also the need to assist national institutions in Ukraine. The article also reveals important aspects of women's activities in public life, education, the cultural sphere, and the struggle for the rights of the Ukrainian community in Canada. It explores the instruments, methods, and strategies used by women to support their national identity and contribute to the formation of a Ukrainian national worldview among the immigrant community.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"109 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176019","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 problem of the application of criminal law measures to a legal entity in the context of the study of individual criminological problems of prevention and countermeasures against the commission of criminal offenses against participants in criminal proceedings. The article draws attention to the fact that the commission of a criminal offense is not the only and exclusive reason for the possibility of applying some other criminal-legal measures provided for by the Criminal Code of Ukraine. In particular, the facts of committing certain acts that are only outwardly similar to a criminal offense can also be such a reason. In such a case, the problem of applying coercive criminal-legal measures against legal entities is worthy of attention, since the legal entity is not held criminally liable in the form of a punishment, but the state reacts in the form of criminal-legal measures. The application of criminal-legal measures against legal entities simultaneously with the prosecution of the perpetrator of a criminally illegal act is one additional means of combating the commission of criminal offenses, including regarding participants in criminal proceedings. The unconditional progressiveness of establishing in the current Criminal Code of Ukraine the norms on the application of measures of criminal legal influence to legal entities is confirmed, as evidenced by the successful experience of some member states of the European Union. The application of a specific measure of criminal legal influence to a legal entity is determined by the court in the indictment in which the natural authorized person is found guilty of committing on behalf and/or in the interests of such a legal entity one of the criminal offenses provided for in Art. 96-3 of the Criminal Code of Ukraine, and she was assigned a specific type and amount of punishment. The specified measures of a criminal legal nature are a specific means of bringing legal entities in criminal proceedings to the so-called "quasi-criminal responsibility", which is undoubtedly an additional tool for the prevention and prevention of criminal offenses, including and regarding subjects of criminal proceedings.
{"title":"Problems of applying criminal law measures to legal entities in the context of combating the commission of criminal offenses against participants in criminal proceedings","authors":"M. Huzela","doi":"10.23939/law2023.40.301","DOIUrl":"https://doi.org/10.23939/law2023.40.301","url":null,"abstract":"The article is devoted to the problem of the application of criminal law measures to a legal entity in the context of the study of individual criminological problems of prevention and countermeasures against the commission of criminal offenses against participants in criminal proceedings. The article draws attention to the fact that the commission of a criminal offense is not the only and exclusive reason for the possibility of applying some other criminal-legal measures provided for by the Criminal Code of Ukraine. In particular, the facts of committing certain acts that are only outwardly similar to a criminal offense can also be such a reason. In such a case, the problem of applying coercive criminal-legal measures against legal entities is worthy of attention, since the legal entity is not held criminally liable in the form of a punishment, but the state reacts in the form of criminal-legal measures. The application of criminal-legal measures against legal entities simultaneously with the prosecution of the perpetrator of a criminally illegal act is one additional means of combating the commission of criminal offenses, including regarding participants in criminal proceedings. The unconditional progressiveness of establishing in the current Criminal Code of Ukraine the norms on the application of measures of criminal legal influence to legal entities is confirmed, as evidenced by the successful experience of some member states of the European Union. The application of a specific measure of criminal legal influence to a legal entity is determined by the court in the indictment in which the natural authorized person is found guilty of committing on behalf and/or in the interests of such a legal entity one of the criminal offenses provided for in Art. 96-3 of the Criminal Code of Ukraine, and she was assigned a specific type and amount of punishment. The specified measures of a criminal legal nature are a specific means of bringing legal entities in criminal proceedings to the so-called \"quasi-criminal responsibility\", which is undoubtedly an additional tool for the prevention and prevention of criminal offenses, including and regarding subjects of criminal proceedings.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"47 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139172913","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 study of modern trends in digitalization of public administration. In general, the tendency to transfer the sphere of public administration to a digital format is positively evaluated, because for citizens, digitalization simplifies communication with the authorities and eliminates corruption risks, and for the state, this process means optimization and transparency in activities. The experience of Germany in the field of digitization of public administration, which can become a reference point and standard for the further development of digitization in Ukraine, is considered. An important step in the field of digitalization of public administration is the introduction of the Custody Records system in Ukraine, which provides for the possibility of ensuring a detailed recording of all actions regarding a detained person. It was also emphasized that the introduction of the «Custody Records» system has a double purpose: firstly, to guarantee the proper treatment of detained persons, and secondly, to protect the rights of police officers, who are often unjustly accused of wrongful actions in relation to a detained person. At the same time, experts also emphasize the negative aspects of the system's functioning, such as the possibility of a violation of confidentiality when the detainee communicates with the lawyer, since such communication takes place through a transparent glass using a telephone and possible eavesdropping of the conversation. In addition, widespread video recording also does not contribute to the trust of the detained person in the defense and can be considered as an obstacle to the right to receive legal aid. Attention is drawn to the need for conducting exercises and trainings for human rights inspectors (Сustody Officer), who enter all data on the detained person into the electronic database. The implementation of the «Custody Records» system in all temporary detention facilities and police departments requires an increase in the number of such persons who must be properly familiar with the peculiarities of working with the system, since they are the main subjects of ensuring the standards of the rights of detained persons.
{"title":"Current trends of digitalization of public administration","authors":"Olha Skochylias-Pavliv, Yulia Lishchynska","doi":"10.23939/law2023.40.250","DOIUrl":"https://doi.org/10.23939/law2023.40.250","url":null,"abstract":"The article is devoted to the study of modern trends in digitalization of public administration. In general, the tendency to transfer the sphere of public administration to a digital format is positively evaluated, because for citizens, digitalization simplifies communication with the authorities and eliminates corruption risks, and for the state, this process means optimization and transparency in activities. The experience of Germany in the field of digitization of public administration, which can become a reference point and standard for the further development of digitization in Ukraine, is considered. An important step in the field of digitalization of public administration is the introduction of the Custody Records system in Ukraine, which provides for the possibility of ensuring a detailed recording of all actions regarding a detained person. It was also emphasized that the introduction of the «Custody Records» system has a double purpose: firstly, to guarantee the proper treatment of detained persons, and secondly, to protect the rights of police officers, who are often unjustly accused of wrongful actions in relation to a detained person. At the same time, experts also emphasize the negative aspects of the system's functioning, such as the possibility of a violation of confidentiality when the detainee communicates with the lawyer, since such communication takes place through a transparent glass using a telephone and possible eavesdropping of the conversation. In addition, widespread video recording also does not contribute to the trust of the detained person in the defense and can be considered as an obstacle to the right to receive legal aid. Attention is drawn to the need for conducting exercises and trainings for human rights inspectors (Сustody Officer), who enter all data on the detained person into the electronic database. The implementation of the «Custody Records» system in all temporary detention facilities and police departments requires an increase in the number of such persons who must be properly familiar with the peculiarities of working with the system, since they are the main subjects of ensuring the standards of the rights of detained persons.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"11 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139172921","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. This article is dedicated to the study of issues related to the use of electronic evidence in civil litigation. Within the framework of the article, an analysis of recent scientific publications on the use of electronic evidence is conducted. The work was performed on the basis of general scientific and special methods of scientific knowledge. The general concept and principles of using electronic evidence in civil proceedings, their characteristics, and peculiarities are outlined. A list of advantages regarding the use of electronic evidence is provided. Special attention is given to the description of the procedure for submitting electronic evidence to the court. The article examines changes and trends in the use of electronic evidence in the modern context of integration and digitization of society, and analyzes progress in the field of information technology. Problems at the legislative level concerning the submission of both original electronic evidence and their copies to the court are analyzed. Issues related to the procedure and peculiarities of examining electronic evidence, as well as their evaluation by the court, are identified. Specifically, among the problems identified in the article are the insufficient regulatory framework for certifying electronic copies of electronic evidence, the imperfect definition of the concepts of «original electronic evidence» and «copy of electronic evidence» in legislation, the instability of electronic information, the absence of physical form and perception only through special technical devices, the possibility of theft, damage, and tampering, and the determination of their authenticity and admissibility. Based on the conducted research, the conclusion is drawn that the question of the use of electronic evidence requires urgent resolution, and the legislator should promptly eliminate existing contradictions by making appropriate amendments to the current procedural legislation of our country. Moreover, it is advisable to more precisely define the concept of «electronic evidence» and the specifics of their submission at the legislative level.
{"title":"Electronic evidence in civil litigation: legal characteristics and particularities","authors":"Nataliia Zilnyk, Maryna Khymynets","doi":"10.23939/law2023.40.196","DOIUrl":"https://doi.org/10.23939/law2023.40.196","url":null,"abstract":"Abstract. This article is dedicated to the study of issues related to the use of electronic evidence in civil litigation. Within the framework of the article, an analysis of recent scientific publications on the use of electronic evidence is conducted. The work was performed on the basis of general scientific and special methods of scientific knowledge. The general concept and principles of using electronic evidence in civil proceedings, their characteristics, and peculiarities are outlined. A list of advantages regarding the use of electronic evidence is provided. Special attention is given to the description of the procedure for submitting electronic evidence to the court. The article examines changes and trends in the use of electronic evidence in the modern context of integration and digitization of society, and analyzes progress in the field of information technology. Problems at the legislative level concerning the submission of both original electronic evidence and their copies to the court are analyzed. Issues related to the procedure and peculiarities of examining electronic evidence, as well as their evaluation by the court, are identified. Specifically, among the problems identified in the article are the insufficient regulatory framework for certifying electronic copies of electronic evidence, the imperfect definition of the concepts of «original electronic evidence» and «copy of electronic evidence» in legislation, the instability of electronic information, the absence of physical form and perception only through special technical devices, the possibility of theft, damage, and tampering, and the determination of their authenticity and admissibility. Based on the conducted research, the conclusion is drawn that the question of the use of electronic evidence requires urgent resolution, and the legislator should promptly eliminate existing contradictions by making appropriate amendments to the current procedural legislation of our country. Moreover, it is advisable to more precisely define the concept of «electronic evidence» and the specifics of their submission at the legislative level.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"154 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139173693","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 concepts of internally displaced persons (hereinafter referred to as IDPs) and refugees. The role of the United Nations (hereinafter referred to as the UN) in protecting the rights and freedoms of internally displaced persons has been studied, and the structure and general directions of its protective activities have been characterized. It is noted that the United Nations is making quite a big effort to deal with the consequences of the pandemic, through a three-pronged response and preparedness strategy, which focuses on certain main clustered areas, which are described in more detail in the article. The main aspects of the activities of the United Nations in the context of military aggression by the Russian Federation (hereinafter referred to as the RF) to Ukraine are described. An analysis of statistical data on the number of internally displaced persons and the application of international and domestic legislation on ensuring the rights and freedoms of internally displaced persons was also carried out. It has been established that the military aggression of the Russian Federation in Ukraine forced millions of people to leave their homes and change their legal status, especially outside of Ukraine. It is indicated that the United Nations will intensify the provision of life-saving assistance of political, economic and social content to those who need it, providing food, water, shelters and medical assistance to the most vulnerable categories of internally displaced persons, including women, children and the elderly (in particular, the city of Lviv also houses the office of the United Nations and mobile assistance points). It is indicated that about 200,000 displaced persons placed in the Lviv region received legal, psychosocial, monetary assistance and basic necessities, as well as urgent housing assistance. It has been proven that humanitarian and other needs continue to grow against the background of the destruction of the population, the long-term destruction of Ukraine's infrastructure. The focus is on the fact that all internally displaced persons have the right to a standard of social security. At a minimum, regardless of the circumstances and without discrimination, competent authorities provide internally displaced persons and ensure safe access to the basic components of a fulfilling life.
{"title":"The United Nations – as an entity for the protection of the rights and freedoms of internally displaced persons","authors":"Natalia Blok, Victoria Hatala","doi":"10.23939/law2023.40.364","DOIUrl":"https://doi.org/10.23939/law2023.40.364","url":null,"abstract":"The article defines the concepts of internally displaced persons (hereinafter referred to as IDPs) and refugees. The role of the United Nations (hereinafter referred to as the UN) in protecting the rights and freedoms of internally displaced persons has been studied, and the structure and general directions of its protective activities have been characterized. It is noted that the United Nations is making quite a big effort to deal with the consequences of the pandemic, through a three-pronged response and preparedness strategy, which focuses on certain main clustered areas, which are described in more detail in the article. The main aspects of the activities of the United Nations in the context of military aggression by the Russian Federation (hereinafter referred to as the RF) to Ukraine are described. An analysis of statistical data on the number of internally displaced persons and the application of international and domestic legislation on ensuring the rights and freedoms of internally displaced persons was also carried out. It has been established that the military aggression of the Russian Federation in Ukraine forced millions of people to leave their homes and change their legal status, especially outside of Ukraine. It is indicated that the United Nations will intensify the provision of life-saving assistance of political, economic and social content to those who need it, providing food, water, shelters and medical assistance to the most vulnerable categories of internally displaced persons, including women, children and the elderly (in particular, the city of Lviv also houses the office of the United Nations and mobile assistance points). It is indicated that about 200,000 displaced persons placed in the Lviv region received legal, psychosocial, monetary assistance and basic necessities, as well as urgent housing assistance. It has been proven that humanitarian and other needs continue to grow against the background of the destruction of the population, the long-term destruction of Ukraine's infrastructure. The focus is on the fact that all internally displaced persons have the right to a standard of social security. At a minimum, regardless of the circumstances and without discrimination, competent authorities provide internally displaced persons and ensure safe access to the basic components of a fulfilling life.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"32 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174097","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 article comprehensively theorizes and analyzes the unique aspects of legal regulations governing the operations of local self-government bodies during Ukraine's period of martial law. It presents specific proposals aimed at enhancing the legislation that oversees this sphere of power and legal relations. The article emphasizes the critical role of local self-government bodies during times of conflict, highlighting their continued significance as a crucial mechanism in upholding the efficient functioning of public authority and the state's defense capabilities. This was vividly demonstrated through the actions of local self-government bodies in response to the Russian Federation's large-scale invasion of Ukraine. They were tasked with establishing voluntary territorial community formations as per the Law of Ukraine "On the Foundations of National Resistance." This involved creating checkpoints, protective structures, and facilitating conditions for the effective functioning of volunteer units. In regions without direct hostilities, these bodies actively engaged in volunteer work and providing support to the Armed Forces of Ukraine. Numerous instances exist where these bodies either spearheaded or significantly contributed to volunteer initiatives at the community level. According to the author, the experience gained by Ukraine during the war demonstrates the undeniable advantage of self-organization of the population over centralized management. The central government will not be able to take over the functions of local self-government bodies and perform them as effectively. Even before the war, the level of trust in local authorities among citizens was one of the highest compared to other institutions. With increasing interaction between people and their local government, this trust has only strengthened. Hence, the proposal to dissolve or arbitrarily limit the powers of local self-government bodies during wartime is considered unconstitutional and a threat to the country's national security. Termination or limitation of their powers is possible only in extraordinary cases, when there is a direct threat to the life and safety of citizens who are in the territory of hostilities or occupation. In all other cases, such actions should only be possible following a well-justified court decision. It's crucial to recognize that local self-government holds the same constitutional significance as the state's structure. The Constitution of Ukraine explicitly outlines the status of local self-government bodies, in particular their functions and powers, which they perform in peaceful conditions. Therefore, making amendments to the Constitution regarding the functioning of local self-government seems unfeasible. The functioning of local self-government during the war requires additional legislative regulation. Consequently, the Law of Ukraine "On Adopting Amendments to Certain Laws of Ukraine Regarding the Functioning of the Civil Service and Loc
{"title":"Feautures of the functioning of local government bodies during the period of marital law in Ukraine","authors":"Vitaliy Kovalchuk","doi":"10.23939/law2023.40.398","DOIUrl":"https://doi.org/10.23939/law2023.40.398","url":null,"abstract":"Abstract. The article comprehensively theorizes and analyzes the unique aspects of legal regulations governing the operations of local self-government bodies during Ukraine's period of martial law. It presents specific proposals aimed at enhancing the legislation that oversees this sphere of power and legal relations. The article emphasizes the critical role of local self-government bodies during times of conflict, highlighting their continued significance as a crucial mechanism in upholding the efficient functioning of public authority and the state's defense capabilities. This was vividly demonstrated through the actions of local self-government bodies in response to the Russian Federation's large-scale invasion of Ukraine. They were tasked with establishing voluntary territorial community formations as per the Law of Ukraine \"On the Foundations of National Resistance.\" This involved creating checkpoints, protective structures, and facilitating conditions for the effective functioning of volunteer units. In regions without direct hostilities, these bodies actively engaged in volunteer work and providing support to the Armed Forces of Ukraine. Numerous instances exist where these bodies either spearheaded or significantly contributed to volunteer initiatives at the community level. According to the author, the experience gained by Ukraine during the war demonstrates the undeniable advantage of self-organization of the population over centralized management. The central government will not be able to take over the functions of local self-government bodies and perform them as effectively. Even before the war, the level of trust in local authorities among citizens was one of the highest compared to other institutions. With increasing interaction between people and their local government, this trust has only strengthened. Hence, the proposal to dissolve or arbitrarily limit the powers of local self-government bodies during wartime is considered unconstitutional and a threat to the country's national security. Termination or limitation of their powers is possible only in extraordinary cases, when there is a direct threat to the life and safety of citizens who are in the territory of hostilities or occupation. In all other cases, such actions should only be possible following a well-justified court decision. It's crucial to recognize that local self-government holds the same constitutional significance as the state's structure. The Constitution of Ukraine explicitly outlines the status of local self-government bodies, in particular their functions and powers, which they perform in peaceful conditions. Therefore, making amendments to the Constitution regarding the functioning of local self-government seems unfeasible. The functioning of local self-government during the war requires additional legislative regulation. Consequently, the Law of Ukraine \"On Adopting Amendments to Certain Laws of Ukraine Regarding the Functioning of the Civil Service and Loc","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"17 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175229","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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