Pub Date : 2022-12-15DOI: 10.31732/2708-339x-2022-06-54-59
A.J. Frantsuz, Y.K. Tupichenko
institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.
{"title":"ORGANISATIONAL AND LEGAL BASIS OF PRIVATE DETECTIVES IN POLAND AN UKRAINE","authors":"A.J. Frantsuz, Y.K. Tupichenko","doi":"10.31732/2708-339x-2022-06-54-59","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-54-59","url":null,"abstract":"institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83649233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-15DOI: 10.31732/2708-339x-2022-06-28-33
I.M. Dolyanovska, D. Dryga
The article deals with topical issues of limited and additional liability companies legal regulation. The authors note that in the new socio-economic conditions, the legal entity institution has undergone a significant transformation. Public relations arising in the creation and operation of legal entities proces, including corporate legal relations that develop between a legal entity, its founders (participants) and persons performing the bodies functions, are becoming more complex, new contracts types are emerging, corporate behavior principles are being formed and criteria for mutual civil liability of participants in these relations are being developed. Thus, a limited liability company is an economic structure that was created on a decision basis to merge capital into the Authorized Capital, which is initially distributed among the organization participants on thе equity participation principle. Members of the company may not have any liability for agreements and contracts concluded company behalf, bearing the losses solely risk within the their personal share limits in monetary terms. In the business activities course, the company periodically enters into contracts with counterparties that are fully or partially affiliated with it. Sometimes these transactions are made for thе society benefit, but most often only out founders selfish motives to other participants or shareholder's detriment. Such transactions are called interest-bearing transactions. For them, the legislation has provided for approval special procedure, which, however, the company can simplify or complicate in its charter. An additional liability company is an organizational and legal form of an enterprise in which citizens or legal entities unite for the sake of doing business together.
{"title":"PROBLEMS OF LEGAL REGULATION OF THE ACTIVITIES OF LIMITED AND ADDITIONAL LIABILITY COMPANIES","authors":"I.M. Dolyanovska, D. Dryga","doi":"10.31732/2708-339x-2022-06-28-33","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-28-33","url":null,"abstract":"The article deals with topical issues of limited and additional liability companies legal regulation. The authors note that in the new socio-economic conditions, the legal entity institution has undergone a significant transformation. Public relations arising in the creation and operation of legal entities proces, including corporate legal relations that develop between a legal entity, its founders (participants) and persons performing the bodies functions, are becoming more complex, new contracts types are emerging, corporate behavior principles are being formed and criteria for mutual civil liability of participants in these relations are being developed. Thus, a limited liability company is an economic structure that was created on a decision basis to merge capital into the Authorized Capital, which is initially distributed among the organization participants on thе equity participation principle. Members of the company may not have any liability for agreements and contracts concluded company behalf, bearing the losses solely risk within the their personal share limits in monetary terms. In the business activities course, the company periodically enters into contracts with counterparties that are fully or partially affiliated with it. Sometimes these transactions are made for thе society benefit, but most often only out founders selfish motives to other participants or shareholder's detriment. Such transactions are called interest-bearing transactions. For them, the legislation has provided for approval special procedure, which, however, the company can simplify or complicate in its charter. An additional liability company is an organizational and legal form of an enterprise in which citizens or legal entities unite for the sake of doing business together.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"12 5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83009596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-15DOI: 10.31732/2708-339x-2022-06-67-72
A.J. Frantsuz, B.O. Nosenko
Arguments in favor of the introduction of the institute of private detective activity in Ukraine, its formation and development at the present stage are given. The necessity of legislative regulation of issues of private detective (search) activity in the context of cooperation with law enforcement agencies, in particular with units of the National Police of Ukraine, is determined. The author's definition of private detective activity is presented, which is proposed to be defined as allowed by the National Police of Ukraine professional business activities of private detectives and private detective companies (agencies) to provide clients with detective services to protect their legal rights and interests on the grounds and in the manner prescribed by law. It is noted that the author's interpretation provides for the inclusion in the definition of the term that characterizes private detective activity as one of the types of business activities, as such activities are carried out on a contractual basis, profit and should be taxable under current Ukrainian legislation. Ways of cooperation between subjects of private detective (search) activity and divisions of the National Police of Ukraine are also offered. It is noted that the basis for effective cooperation between the subjects of private detective (investigative) activities and state law enforcement agencies should be the exchange of information regulated by law. This will allow not only to carry out separate (independent) activities, but also to carry out joint planning and joint measures to prevent offenses. The author notes that the most promising cooperation between private detectives and operational search units of the National Police may be in the field of search for missing persons, including children. However, in such cooperation, private detectives may have certain advantages. Compared to police officers, private detectives themselves determine the size of their workload, which will contribute to the greatest focus on a particular case. Also, the provision of paid services will promote a conscientious attitude to the assigned duties, as the amount of monetary remuneration of a private detective may vary depending on the results of his work. The author presents arguments in favor of granting supervisory powers in the field of private detective work to the internal affairs bodies of Ukraine.
{"title":"CURRENT STATE AND PROSPECTS OF PRIVATE DETECTIVE ACTIVITY IN UKRAINE","authors":"A.J. Frantsuz, B.O. Nosenko","doi":"10.31732/2708-339x-2022-06-67-72","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-67-72","url":null,"abstract":"Arguments in favor of the introduction of the institute of private detective activity in Ukraine, its formation and development at the present stage are given. The necessity of legislative regulation of issues of private detective (search) activity in the context of cooperation with law enforcement agencies, in particular with units of the National Police of Ukraine, is determined. The author's definition of private detective activity is presented, which is proposed to be defined as allowed by the National Police of Ukraine professional business activities of private detectives and private detective companies (agencies) to provide clients with detective services to protect their legal rights and interests on the grounds and in the manner prescribed by law. It is noted that the author's interpretation provides for the inclusion in the definition of the term that characterizes private detective activity as one of the types of business activities, as such activities are carried out on a contractual basis, profit and should be taxable under current Ukrainian legislation. Ways of cooperation between subjects of private detective (search) activity and divisions of the National Police of Ukraine are also offered. It is noted that the basis for effective cooperation between the subjects of private detective (investigative) activities and state law enforcement agencies should be the exchange of information regulated by law. This will allow not only to carry out separate (independent) activities, but also to carry out joint planning and joint measures to prevent offenses. The author notes that the most promising cooperation between private detectives and operational search units of the National Police may be in the field of search for missing persons, including children. However, in such cooperation, private detectives may have certain advantages. Compared to police officers, private detectives themselves determine the size of their workload, which will contribute to the greatest focus on a particular case. Also, the provision of paid services will promote a conscientious attitude to the assigned duties, as the amount of monetary remuneration of a private detective may vary depending on the results of his work. The author presents arguments in favor of granting supervisory powers in the field of private detective work to the internal affairs bodies of Ukraine.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79284822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-32-39
O.B. Oliynik, Y.O. Makarenko
Article considers the concept of E-Commerce and E-Contract, their essence and content. Main types of E- Commerce and factors influencing the development of E-Commerce are presented. The conclusion of the contract in electronic form is defined by law, but still needs more circumstantiation, because legal framework is still quite cumbersome and is in the process of continuous improvement. Today, the development of E-Commerce promotes rapid access to information and resources, becomes highly profitable form of commodity-money relations, and therefore must be actively implemented and carry out a kind of revolution. Digital technologies and information communication networks are gradually becoming a part of everyday life and playing an important role in development of business and national economy overall. Electronic commerce is the most important component of electronic business. Emergence and fast growth of electronic business all over the world results from a variety of reasonable conditions and preconditions. Electronic form of information presentation is the documentation type that enables reproduction of the information in the visual form acceptable by the reader. One of the risk management means in course of any electronic commerce transactions is conclusion of contracts (agreements) by telecommunications. Upon adoption of the Law of Ukraine “On electronic commerce”, the legislation has coordinated the particular aspects governing conclusion of electronic contracts (individual issues have been coordinated by the Law of Ukraine “On electronic documents and document flow” and “On electronic signature.)” The article details the conditions of electronic contract conclusion, the procedure of use of the electronic signature for electronic contracts, identifies the ways to improve development of electronic commerce and electronic contracts and the procedure of use of the above. The special objective of the research has been to determine how electronic commerce and electronic business may be used to foster sustainable development and generally to facilitate the economic relations of Ukraine, as well as how electronic ecommerce affects the economic law of Ukraine.
{"title":"CUSTOMS REGULATION OF FOREIGN ECONOMIC ACTIVITIES IN UKRAINE: HISTORY OF FORMATION AND MODERNITY","authors":"O.B. Oliynik, Y.O. Makarenko","doi":"10.31732/2708-339x-2022-05-32-39","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-32-39","url":null,"abstract":"Article considers the concept of E-Commerce and E-Contract, their essence and content. Main types of E- Commerce and factors influencing the development of E-Commerce are presented. The conclusion of the contract in electronic form is defined by law, but still needs more circumstantiation, because legal framework is still quite cumbersome and is in the process of continuous improvement. Today, the development of E-Commerce promotes rapid access to information and resources, becomes highly profitable form of commodity-money relations, and therefore must be actively implemented and carry out a kind of revolution. Digital technologies and information communication networks are gradually becoming a part of everyday life and playing an important role in development of business and national economy overall. Electronic commerce is the most important component of electronic business. Emergence and fast growth of electronic business all over the world results from a variety of reasonable conditions and preconditions. Electronic form of information presentation is the documentation type that enables reproduction of the information in the visual form acceptable by the reader. One of the risk management means in course of any electronic commerce transactions is conclusion of contracts (agreements) by telecommunications. Upon adoption of the Law of Ukraine “On electronic commerce”, the legislation has coordinated the particular aspects governing conclusion of electronic contracts (individual issues have been coordinated by the Law of Ukraine “On electronic documents and document flow” and “On electronic signature.)” The article details the conditions of electronic contract conclusion, the procedure of use of the electronic signature for electronic contracts, identifies the ways to improve development of electronic commerce and electronic contracts and the procedure of use of the above. The special objective of the research has been to determine how electronic commerce and electronic business may be used to foster sustainable development and generally to facilitate the economic relations of Ukraine, as well as how electronic ecommerce affects the economic law of Ukraine.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76826968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-10-16
N. Brovko, S. Poliarush-Safronenko
The article is devoted to the characteristics of the principles of voluntary association of territorial communities in Ukraine. The principles of voluntary association of territorial communities (OTG) in Ukraine, their essence, content and main tasks in the legal relations of formation and functioning of united communities and reorganization of local governments on the basis of their decentralization are studied. The features of the principles of voluntary association of territorial communities are proposed, which include: a) their constitutional and legislative consolidation, taking into account the rule of law; b) contain the basic ideas of the municipal government and are formed voluntarily; c) act independently with the support of the state and under their own responsibility; d) ensure the realization of the rights and freedoms and common interests of the inhabitants of a certain administrative-territorial unit. The principles of voluntary association of territorial communities are enshrined in the Constitution and laws of Ukraine, taking into account the rule of law, the main ideas of voluntary association of villagers, settlements, cities, designed to exercise municipal authority independently and through their representatives with the support state and ensure the rights and freedoms of the inhabitants of a particular administrative-territorial unit. In order to improve the legal regulation of the principles of voluntary association of territorial communities, we propose to amend the Law of Ukraine of February 5, 2015 "On voluntary association of territorial communities." The words "rule of law" should be preceded by the words "rule of law". As a result of Art. 2 item 1, item 1) should be formulated: "rule of law, constitutionality and legality", and item 7) «responsibility and ensuring human and civil rights and freedoms».
{"title":"PRINCIPLES OF VOLUNTARY ASSOCIATION OF TERRITORIAL COMMUNITIES IN UKRAINE","authors":"N. Brovko, S. Poliarush-Safronenko","doi":"10.31732/2708-339x-2022-05-10-16","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-10-16","url":null,"abstract":"The article is devoted to the characteristics of the principles of voluntary association of territorial communities in Ukraine. The principles of voluntary association of territorial communities (OTG) in Ukraine, their essence, content and main tasks in the legal relations of formation and functioning of united communities and reorganization of local governments on the basis of their decentralization are studied. The features of the principles of voluntary association of territorial communities are proposed, which include: a) their constitutional and legislative consolidation, taking into account the rule of law; b) contain the basic ideas of the municipal government and are formed voluntarily; c) act independently with the support of the state and under their own responsibility; d) ensure the realization of the rights and freedoms and common interests of the inhabitants of a certain administrative-territorial unit. The principles of voluntary association of territorial communities are enshrined in the Constitution and laws of Ukraine, taking into account the rule of law, the main ideas of voluntary association of villagers, settlements, cities, designed to exercise municipal authority independently and through their representatives with the support state and ensure the rights and freedoms of the inhabitants of a particular administrative-territorial unit. In order to improve the legal regulation of the principles of voluntary association of territorial communities, we propose to amend the Law of Ukraine of February 5, 2015 \"On voluntary association of territorial communities.\" The words \"rule of law\" should be preceded by the words \"rule of law\". As a result of Art. 2 item 1, item 1) should be formulated: \"rule of law, constitutionality and legality\", and item 7) «responsibility and ensuring human and civil rights and freedoms».","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"147 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74873780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-47-58
A.J. Frantsuz, M.Y. Onyskovets
The article is devoted to a comprehensive study of the definition, content and features of the application of permitting procedures in the field of urbanization. Attention is paid to the very concept of urban planning, urbanization and urban planning. An attempt has been made to link the concepts of urban planning and urbanization at the level of theory. Attention is paid to urban planning objects. The presence of the corresponding specialization called to study the basic provisions of the theory of town-planning activity, possibilities of its realization in practice is specified. The theoretical understanding of the concept of permitting procedures in the field of urbanization is investigated and generalized, which allowed to identify and generalize the problems of their design and issuance. The concept of the permitting procedures in the field of urbanization is revealed in detail, the shortcomings of their application in practice and their legislative regulation are highlighted, changes are proposed to improve this situation. The range of subjects of legal relations on permitting procedures in the field of urbanization, their responsibility, control over their activity is defined. The case law of the European Court of Human Rights shows the key aspects of the functioning of permitting procedures in the field of urbanization, as well as the problems and shortcomings of their functioning, offers to address the relevant shortcomings. The practice of foreign countries, especially European ones, in the field of regulation and application of such permitting procedures was also applied. The domestic practice of legislative regulation of provisions on permitting procedures in the field of urbanization is taken into account. The content and application of permitting procedures in the practical activities of the subjects of legal relations on permitting procedures in the field of urbanization are characterized. They are shown to be different depending on the type and complexity of construction of a particular urban development object. Examples of practical experience of other countries in the application of permitting procedures and the issue of providing them to certain business and community entities are given. Taking into account the additional domestic experience, the result of solving the problematic aspects of permitting procedures in the field of urbanization was summed up.
{"title":"THEORETICAL AND LEGAL PRINCIPLES OF ADMINISTRATIVE REGULATION OF PERMITTING PROCEDURES IN THE FIELD OF URBANIZATION","authors":"A.J. Frantsuz, M.Y. Onyskovets","doi":"10.31732/2708-339x-2022-05-47-58","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-47-58","url":null,"abstract":"The article is devoted to a comprehensive study of the definition, content and features of the application of permitting procedures in the field of urbanization. Attention is paid to the very concept of urban planning, urbanization and urban planning. An attempt has been made to link the concepts of urban planning and urbanization at the level of theory. Attention is paid to urban planning objects. The presence of the corresponding specialization called to study the basic provisions of the theory of town-planning activity, possibilities of its realization in practice is specified. The theoretical understanding of the concept of permitting procedures in the field of urbanization is investigated and generalized, which allowed to identify and generalize the problems of their design and issuance. The concept of the permitting procedures in the field of urbanization is revealed in detail, the shortcomings of their application in practice and their legislative regulation are highlighted, changes are proposed to improve this situation. The range of subjects of legal relations on permitting procedures in the field of urbanization, their responsibility, control over their activity is defined. The case law of the European Court of Human Rights shows the key aspects of the functioning of permitting procedures in the field of urbanization, as well as the problems and shortcomings of their functioning, offers to address the relevant shortcomings. The practice of foreign countries, especially European ones, in the field of regulation and application of such permitting procedures was also applied. The domestic practice of legislative regulation of provisions on permitting procedures in the field of urbanization is taken into account. The content and application of permitting procedures in the practical activities of the subjects of legal relations on permitting procedures in the field of urbanization are characterized. They are shown to be different depending on the type and complexity of construction of a particular urban development object. Examples of practical experience of other countries in the application of permitting procedures and the issue of providing them to certain business and community entities are given. Taking into account the additional domestic experience, the result of solving the problematic aspects of permitting procedures in the field of urbanization was summed up.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81271871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-66-73
V.B. Skomorovskiy, V.I. Rybchenko
In this article is stated that the procedure of the lands’ assignation is particularly relevant. In accordance with the Constitution of Ukraine "Land is the main national wealth, which is under special protection of the state." Because of this, there is a need to analyze the legal framework, to reveal all the intricacies of the Constitution of Ukraine, the Land Code, problems that may arise in the process of assignation lands, and other documents. Land ownership is guaranteed. This right acquires and realizes by citizens, artificial person and by the state exclusively in accordance with Art. 14 of the Constitution of Ukraine. It should be noted that the legal order in Ukraine is based on the principles according to which no one can be forced to do what is not provided by law. Public authorities, local governments, and their officials should act only on the basis, within the powers and in the process provided by the Constitution and laws of Ukraine in accordance with Art. 19 of the Constitution of Ukraine. It should be emphasized that the citizens of Ukraine have the right to get own land free of charge, but many citizens don’t use this right because of their legal ignorance. It can have many reasons, but the main reason is the low level of legal awareness of citizens nowadays. Practical experience shows that citizens who are interested in getting land free of charge, knowing about this right, always try to find out at the place of application for permission to allocate land from state or communal ownership in the local government. According to the previous paragraph, the legal awareness of citizens is not at the highest level, they need to learn current legislation in more details, and if it’s necessary, inquire detailed information from the competent authorities. Often there are cases of queues for getting lands. There is a misconception that it is enough to write a statement without specifying a targeted location and targeted dimensions. As a result, citizens receive a reasoned refusal of their application. Another problem that occurs nowadays, is that citizens believe that they can get land only at the place of their registration, but the Land Code regulates otherwise. It should be noted that if citizens knows all the procedure of abstraction lands apply for permission to get land from state or communal ownership, they should indicate the approximate location and approximate size, as well as they know that their application must be considered within a month. The problem is not considering of citizens' applications. The problem is that the mayor doesn’t ensure the proper work of the executive committee. That’s why most citizens who have not received permission consult with lawyers or attorneys to prove in court that their rights were violated.
{"title":"LEGAL AND REGULATORY SUPPORT OF THE DEVELOPMENT OF A LAND PLANNING FOR ABSTRACTION LANDS FROM COMMUNAL TO PRIVATE PROPERTY","authors":"V.B. Skomorovskiy, V.I. Rybchenko","doi":"10.31732/2708-339x-2022-05-66-73","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-66-73","url":null,"abstract":"In this article is stated that the procedure of the lands’ assignation is particularly relevant. In accordance with the Constitution of Ukraine \"Land is the main national wealth, which is under special protection of the state.\" Because of this, there is a need to analyze the legal framework, to reveal all the intricacies of the Constitution of Ukraine, the Land Code, problems that may arise in the process of assignation lands, and other documents. Land ownership is guaranteed. This right acquires and realizes by citizens, artificial person and by the state exclusively in accordance with Art. 14 of the Constitution of Ukraine. It should be noted that the legal order in Ukraine is based on the principles according to which no one can be forced to do what is not provided by law. Public authorities, local governments, and their officials should act only on the basis, within the powers and in the process provided by the Constitution and laws of Ukraine in accordance with Art. 19 of the Constitution of Ukraine. It should be emphasized that the citizens of Ukraine have the right to get own land free of charge, but many citizens don’t use this right because of their legal ignorance. It can have many reasons, but the main reason is the low level of legal awareness of citizens nowadays. Practical experience shows that citizens who are interested in getting land free of charge, knowing about this right, always try to find out at the place of application for permission to allocate land from state or communal ownership in the local government. According to the previous paragraph, the legal awareness of citizens is not at the highest level, they need to learn current legislation in more details, and if it’s necessary, inquire detailed information from the competent authorities. Often there are cases of queues for getting lands. There is a misconception that it is enough to write a statement without specifying a targeted location and targeted dimensions. As a result, citizens receive a reasoned refusal of their application. Another problem that occurs nowadays, is that citizens believe that they can get land only at the place of their registration, but the Land Code regulates otherwise. It should be noted that if citizens knows all the procedure of abstraction lands apply for permission to get land from state or communal ownership, they should indicate the approximate location and approximate size, as well as they know that their application must be considered within a month. The problem is not considering of citizens' applications. The problem is that the mayor doesn’t ensure the proper work of the executive committee. That’s why most citizens who have not received permission consult with lawyers or attorneys to prove in court that their rights were violated.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"127 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85726890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-25-31
A.J. Frantsuz, A.V. Yanovska
Today, mediation is one of the most popular alternative ways of resolving disputes (conflicts) in developed countries. It involves the participation of a mediator (mediator), who helps the parties to the conflict to establish a communication process, analyze the conflict situation so that the parties can choose a solution that will meet the interests and needs of both parties to the dispute.The relationship related to the conduct of mediation and the implementation of the agreements reached during it requires regulatory regulation, given the importance of both the procedure itself and its results. Regulation of the mediation procedure, determination of the rights and obligations of its participants, the rules of registration of agreements between the parties are the basis for achieving the goals of mediation and ensuring a balance between the institution of mediation and the legal system of the country. Therefore, every mediator and every lawyer who is involved in the mediation procedure as a consultant or representative of his client must have legal knowledge and knowledge of the ethical and regulatory principles of mediation. The need to introduce the institution of mediation has long been ripe in the domestic legal system, which is due to the inefficiency and imperfection of the judicial system of Ukraine and the low rate of execution of court decisions. Given the successful application of the institution of mediation in many countries and the course of harmonization of national legislation with the legislation of the European Union, on November 3, 2016, the parliament of Ukraine adopted in first reading the draft Law of Ukraine "On Mediation". For the Ukrainian legal system, the legislative initiative to introduce regulations on the institution of mediation is a very important step. Because in the absence of national legislation that determines the legal basis for the process of out-of-court settlement of disputes, the practical application of the institution of mediation was carried out only on the basis of established practice of the European Union. According to the draft Law of Ukraine "On Mediation", mediation is defined as an alternative (out-of-court) method of dispute resolution, by which two (or more) parties to a dispute try to reach an agreement to resolve their dispute within a structured process involving a mediator. A mediator is an independent mediator who helps the parties to resolve a dispute through mediation.
{"title":"THE PLACE OF MEDIATION IN THE SYSTEM OF WAYS OF PROTECTING THE RIGHTS OF BUSINESS ENTITIES","authors":"A.J. Frantsuz, A.V. Yanovska","doi":"10.31732/2708-339x-2022-05-25-31","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-25-31","url":null,"abstract":"Today, mediation is one of the most popular alternative ways of resolving disputes (conflicts) in developed countries. It involves the participation of a mediator (mediator), who helps the parties to the conflict to establish a communication process, analyze the conflict situation so that the parties can choose a solution that will meet the interests and needs of both parties to the dispute.The relationship related to the conduct of mediation and the implementation of the agreements reached during it requires regulatory regulation, given the importance of both the procedure itself and its results. Regulation of the mediation procedure, determination of the rights and obligations of its participants, the rules of registration of agreements between the parties are the basis for achieving the goals of mediation and ensuring a balance between the institution of mediation and the legal system of the country. Therefore, every mediator and every lawyer who is involved in the mediation procedure as a consultant or representative of his client must have legal knowledge and knowledge of the ethical and regulatory principles of mediation. The need to introduce the institution of mediation has long been ripe in the domestic legal system, which is due to the inefficiency and imperfection of the judicial system of Ukraine and the low rate of execution of court decisions. Given the successful application of the institution of mediation in many countries and the course of harmonization of national legislation with the legislation of the European Union, on November 3, 2016, the parliament of Ukraine adopted in first reading the draft Law of Ukraine \"On Mediation\". For the Ukrainian legal system, the legislative initiative to introduce regulations on the institution of mediation is a very important step. Because in the absence of national legislation that determines the legal basis for the process of out-of-court settlement of disputes, the practical application of the institution of mediation was carried out only on the basis of established practice of the European Union. According to the draft Law of Ukraine \"On Mediation\", mediation is defined as an alternative (out-of-court) method of dispute resolution, by which two (or more) parties to a dispute try to reach an agreement to resolve their dispute within a structured process involving a mediator. A mediator is an independent mediator who helps the parties to resolve a dispute through mediation.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88301501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-40-46
V. Hizhevskyy, D.V. Gromey
The article considers a number of features of the interaction of power and property in Ukraine: the stable dominance of power over property at all levels of their interaction, the continuity of interaction between power and property in relation to the former economic system. General consequences of the unfinished privatization process and unformed social property relations. The need to privatize state property on the basis of market competition and to form an effective owner. De- oligarchization of property in favor of the state, because today such property is not only monopolistic, but also has a comprador orientation and therefore not only does not work for the growth of national capital, but also helps to support the economy and armed forces of the aggressor. Reasoned position on the need to regulate property relations. Recommendations on the prospects for the development of property rights in Ukraine are offered. It is also necessary to privatize state property on the basis of market competition and in order to form an effective owner. A number of other tasks have both political, legal and economic-regulatory orientation. The current state of Ukraine's development is characterized as an incomplete process of transformation of all spheres of society, the transition from Soviet attributes of state property, command-authoritarian form of government, etc. to modern standards of market economy and democratic principles of public relations. The scale and depth of modernization require appropriate quality content of task setting, cardinal decision-making and the formation of effective factors of development. The latter includes the social institution of private property, which performs a number of crucial functions in modern society. The urgency of considering the social institution of private property is due to its problematic formation in Ukraine, which is manifested in particular in such features as: the dominance of state property in the Soviet past, the incompleteness of the privatization process; monopolization of property and lack of market conditions for change of owners, inconsistency of power in determining the prospects for the development of private property; increasing criminalization of private law, low level of disclosure of the content of this institution in the scientific and journalistic literature. The practical aspect of the problem is complemented by a corresponding insufficient level of political awareness of the importance of this institution for solving Ukraine's pressing problems. In particular, the aspect that in order to create a favorable investment climate and support investment activity, it is necessary to ensure effective protection of private property rights.
{"title":"PROBLEMS OF PROPERTY DEVELOPMENT IN UKRAINE","authors":"V. Hizhevskyy, D.V. Gromey","doi":"10.31732/2708-339x-2022-05-40-46","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-40-46","url":null,"abstract":"The article considers a number of features of the interaction of power and property in Ukraine: the stable dominance of power over property at all levels of their interaction, the continuity of interaction between power and property in relation to the former economic system. General consequences of the unfinished privatization process and unformed social property relations. The need to privatize state property on the basis of market competition and to form an effective owner. De- oligarchization of property in favor of the state, because today such property is not only monopolistic, but also has a comprador orientation and therefore not only does not work for the growth of national capital, but also helps to support the economy and armed forces of the aggressor. Reasoned position on the need to regulate property relations. Recommendations on the prospects for the development of property rights in Ukraine are offered. It is also necessary to privatize state property on the basis of market competition and in order to form an effective owner. A number of other tasks have both political, legal and economic-regulatory orientation. The current state of Ukraine's development is characterized as an incomplete process of transformation of all spheres of society, the transition from Soviet attributes of state property, command-authoritarian form of government, etc. to modern standards of market economy and democratic principles of public relations. The scale and depth of modernization require appropriate quality content of task setting, cardinal decision-making and the formation of effective factors of development. The latter includes the social institution of private property, which performs a number of crucial functions in modern society. The urgency of considering the social institution of private property is due to its problematic formation in Ukraine, which is manifested in particular in such features as: the dominance of state property in the Soviet past, the incompleteness of the privatization process; monopolization of property and lack of market conditions for change of owners, inconsistency of power in determining the prospects for the development of private property; increasing criminalization of private law, low level of disclosure of the content of this institution in the scientific and journalistic literature. The practical aspect of the problem is complemented by a corresponding insufficient level of political awareness of the importance of this institution for solving Ukraine's pressing problems. In particular, the aspect that in order to create a favorable investment climate and support investment activity, it is necessary to ensure effective protection of private property rights.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74732192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-17-24
К.Д. Ткач
The article analyzes the genesis of the development of legal regulation in the field of health care in Ukraine in times of independence. Four stages of normative and legal base creation of system of medical care of the population as the leading link of the state social policy are considered. The first stage in 1991–2000 was the most difficult, on one hand it was necessary to preserve the health care system, that was left over from the old government, and on another hand - to start reforming the normative and legal framework to further ensuring of a minimum level of social guarantees for population on health care provision. At the second stage in the period 2000–2010 of the development of the health care system in Ukraine the implementation of the Concept started, activities were carried out to identify the main directions and approbation of key mechanisms for reforming of the medical sector. During the third period in 2010-2013, a large-scale reform of the health care system in some regions was launched as part of a pilot project. The fourth stage began in 2014 and continues till today. In August 2014 the Ministry of Health initiated the development of a National Strategy for Health Care Reform in Ukraine. By means of the new strategic approaches in improving of the quality and availability of aid and reducing financial risks for people a new impetus to industry reform was required. It is emphasized that the third and fourth stages, from the standpoint of reforming the medical system, were the most productive. It is emphasized that the provisions of the National Strategy for Health Care Reform in Ukraine are currently being implemented. The document has two main objectives: first of all to stimulate the proper reforms, but at the same time to demonstrate to the decision-makers that health and health care are powerful tools in politics. The strategy clarifies the horizon for reform, provides it with structures and demonstrates the potential of various measures aimed at the effective development of health care services. Based on the strategy, the Ministry of Health has also developed a Concept for reforming the financing of the health care system and bills that will launch a reform of Ukrainian medicine. The strategy should be the basis for creating a detailed action plan for reforming of Healthcare with proposals for the short, medium and long term perspective.
{"title":"GENESIS OF DEVELOPMENT OF LEGAL REGULATION IN THE FIELD OF HEALTH CARE IN UKRAINE IN TIMES OF INDEPENDENCE","authors":"К.Д. Ткач","doi":"10.31732/2708-339x-2022-05-17-24","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-17-24","url":null,"abstract":"The article analyzes the genesis of the development of legal regulation in the field of health care in Ukraine in times of independence. Four stages of normative and legal base creation of system of medical care of the population as the leading link of the state social policy are considered. The first stage in 1991–2000 was the most difficult, on one hand it was necessary to preserve the health care system, that was left over from the old government, and on another hand - to start reforming the normative and legal framework to further ensuring of a minimum level of social guarantees for population on health care provision. At the second stage in the period 2000–2010 of the development of the health care system in Ukraine the implementation of the Concept started, activities were carried out to identify the main directions and approbation of key mechanisms for reforming of the medical sector. During the third period in 2010-2013, a large-scale reform of the health care system in some regions was launched as part of a pilot project. The fourth stage began in 2014 and continues till today. In August 2014 the Ministry of Health initiated the development of a National Strategy for Health Care Reform in Ukraine. By means of the new strategic approaches in improving of the quality and availability of aid and reducing financial risks for people a new impetus to industry reform was required. It is emphasized that the third and fourth stages, from the standpoint of reforming the medical system, were the most productive. It is emphasized that the provisions of the National Strategy for Health Care Reform in Ukraine are currently being implemented. The document has two main objectives: first of all to stimulate the proper reforms, but at the same time to demonstrate to the decision-makers that health and health care are powerful tools in politics. The strategy clarifies the horizon for reform, provides it with structures and demonstrates the potential of various measures aimed at the effective development of health care services. Based on the strategy, the Ministry of Health has also developed a Concept for reforming the financing of the health care system and bills that will launch a reform of Ukrainian medicine. The strategy should be the basis for creating a detailed action plan for reforming of Healthcare with proposals for the short, medium and long term perspective.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78488422","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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