WORLD MARKET OF BIOLOGICAL MEDICINES | Author : SHKREBTIIENKO Anna | Abstract | Full Text | Abstract :The advantages and disadvantages of globalization in the medicines market are identified. It is proved that harmonization of standards, provision of the regulatory mechanism of state cooperation in the pharmaceutical sector helps to avoid significant differences in the requirements for registration of medicinal products, reduce duplication of national procedures for the registration of medicinal products, which may affect the access of medicinal products to the global market for biological drugs. |
| INTERNATIONAL TREATIES: PROTECTION OF NATIONAL INTERESTS | Author : ZADOROZHNYA Halyna | Abstract | Full Text | Abstract :Background. The national system of law does not have an effective «filtering mechanism» of international treaties, subject to the conclusion of which the state is represented by one or another of its authorized representatives, which often leads to disadvantageous economic, financial and other burdens of Ukraine compared to other countries of the world, as well as to overloading of national legislation with the legislative ballast.
Analysis of recent research and publications has shown that, despite the existence of some scientific achievements, there remains an important scientific and practical problem that is related to the requirements for the qualitative content of such treaties. At the same time, the existing «technology» in the system of national law of concluding international treaties enables the public authorities, their officials to conclude such treaties discretionally, without actually bearing any legal responsibility for their content and the consequences of their practical implementation.
The aim of the article is to investigate the mechanisms of concluding international treaties in the context of the constitutional legislation of Ukraine and other countries of the world, as well as to formulate proposals for improving national legislation on the legal regulation of the conclusion of such treaties and to strengthen the regulatory requirements for their content.
Materials and methods. In the course of researching the topic of the article, a complex methodological toolkit was used, based on philosophical methods of cognition (dialectical, hermeneutic, etc.) and general scientific methods of cognition (methods of analysis and synthesis, system-structural, formal-logical, modeling) and special legal methods (legal-dogmatic, comparative-legal, interpretative), etc.
Results. Scientific hypotheses have been put forward, that in the modern system of state formation there is a gradual departure from the «prerogative» of the head of state in signing international treaties, which led to an increase in the competence of national parliaments, but not to increase their legal responsibility for the consequences of such treaties implementation in the national system of law. According to the results of this study, legislative proposals were developed. The implementation of these proposals will enhance to raising the level of national security and protection of national interests.
Conclusion. Unlike existing publications, for the first time the scientific hypothesis was formulated about the need to increase the requirements for the qualitative content of international treaties. It is found that the laws of the countries of the world, including Ukraine, do not contain rules of law that would explicitly determine the type and extent of liability of public law entities for the conclusion of international treaties, the content of which does not correspond to the national interests of the state. In view of this, it is proposed to regulate clear imperative requirements for the content of such international treaties, one of which is the prohibition of concluding treaties containing «secret clauses». The conceptual provisions stated above should find proper objectification by amending the constitutional legislation of Ukraine. |
| PROTECTION OF CULTURAL HUMAN RIGHTS IN UKRAINE | Author : ALIONKIN Olexiy, KORETSKIY Serhiy | Abstract | Full Text | Abstract :Background. Formation of normative legal provision of cultural human rights in Ukraine is an important element of the formation of the Ukrainian people in the process of building Ukraine as a democratic and legal state.
Analysis of recent research and publications. Such problem is studied by such scientists as Kozubra M. and others.
The aim of the article is to study the systematic and structural analysis of normative and legal regulation of cultural rights in Ukraine.
Materials and methods. The information base of the study is the Constitution and laws of Ukraine and the work of domestic and foreign scientists. Methodological basis of this scientific article is a number of philosophical, general scientific and special-scientific methods and principles.
Results. An analysis of the current domestic legislation on the legal protection of cultural rights in Ukraine is carried out. It is determined that the modern theory of constitutional law and current constitutional legislation to cultural rights and freedoms of human beings include exclusively educational and cultural rights and freedoms. The Law of Ukraine «On ensuring the functioning of the Ukrainian language as a state» was analyzed from April 25, 2019 for the purpose of ensuring the rights, freedoms and legitimate interests of Ukrainian citizens as representatives of the titular nation and representatives of national minorities.
Conclusion. The legal basis for the final resolution of the language issue in Ukraine is the Law of Ukraine «On ensuring the functioning of the Ukrainian language as a state», dated April 25, 2019, adopted by the Verkhovna Rada of Ukraine, which conceptually meets the leading international standards. |
| PUBLIC CONTROL AS A LEGAL FORM OF INTERACTION BETWEEN THE STATE AND SOCIETY | Author : GURZHIY Taras, KOVALENKO Zhanna | Abstract | Full Text | Abstract :Background. The speed and efficiency of reforming all major spheres of social life, the adaptation of national legislation to European Union law depend on many factors, among which the legitimacy of public authority, which can be secured, in particular, through the establishment of public relations, is crucial. One form of such communication is public control, which is not only a necessary element of civil society, but also a clear manifestation of the constitutional thesis that power in the country comes from the people.
Materials and methods. The methodological basis of the research is general scientific and special methods, in particular: dialectical, structural-logical, systemic, logical-semantic, methods of classification and grouping, comparative-legal method and method of scientific abstraction. These methods were applied in conjunction with common logical methods and techniques.
Results. The basic approaches to the definition of the term «legal nature» are analyzed and the criteria for its definition are clarified. A distinction is made between public control and related concepts. The relation between the concepts of «public control» and «participation in the management of public affairs» is revealed.
Conclusion. The author`s vision of the concept of «legal nature of public control» is grounded, which not only brings clarity on the level of legal science, but also allows to determine the way of legal regulation of relevant social relations. It seems that this will improve the mechanisms of interaction between the state and society. |
| PROTECTION OF CULTURAL HUMAN RIGHTS IN UKRAINE | Author : ALIONKIN Olexiy, KORETSKIY Serhiy | Abstract | Full Text | Abstract :Background. Formation of normative legal provision of cultural human rights in Ukraine is an important element of the formation of the Ukrainian people in the process of building Ukraine as a democratic and legal state.
Analysis of recent research and publications. Such problem is studied by such scientists as Kozubra M. and others.
The aim of the article is to study the systematic and structural analysis of normative and legal regulation of cultural rights in Ukraine.
Materials and methods. The information base of the study is the Constitution and laws of Ukraine and the work of domestic and foreign scientists. Methodological basis of this scientific article is a number of philosophical, general scientific and special-scientific methods and principles.
Results. An analysis of the current domestic legislation on the legal protection of cultural rights in Ukraine is carried out. It is determined that the modern theory of constitutional law and current constitutional legislation to cultural rights and freedoms of human beings include exclusively educational and cultural rights and freedoms. The Law of Ukraine «On ensuring the functioning of the Ukrainian language as a state» was analyzed from April 25, 2019 for the purpose of ensuring the rights, freedoms and legitimate interests of Ukrainian citizens as representatives of the titular nation and representatives of national minorities.
Conclusion. The legal basis for the final resolution of the language issue in Ukraine is the Law of Ukraine «On ensuring the functioning of the Ukrainian language as a state», dated April 25, 2019, adopted by the Verkhovna Rada of Ukraine, which conceptually meets the leading international standards. |
| «CONTRA VIRES» PRINCIPLE AND DUALISTIC MODEL OF LOCAL SELF-GOVERNMENT | Author : IVANTSOVA Zoya | Abstract | Full Text | Abstract :Background. In examining the competence of local self-government bodies, it is first of all necessary to recognize the fact that there is no unambiguous, generally recognized understanding in the national legal science of whether local self-government bodies should be empowered to act independently in all cases, except for those directly prohibited by law.
The problem of combining the principle of legal personality «contra vires» with the dualistic model of local self-government is still unresolved, which actualizes the importance of such research.
Analysis of recent research and publications has shown that, despite the existence of some scientific advances, the important scientific and practical problem on combining the principle of «contra vires» with the dualistic model of local self-government remains unresolved.
The aim of the article is to investigate the competence of local governments in Ukraine and Germany, as well as the question of combining the principle of legal personality «contra vires» with a dualistic model of local self-government.
Materials and methods. The main method used in this article is to analyze and compare the competences of local governments in Ukraine and Germany. In addition, such methods as dialectical, hermeneutic, systemic, induction and deduction, formal-legal and others were used.
Results. Competence at the level of rights, freedoms and legitimate interests is a component of legal personality. So, the competence of local governments demonstrates their degree of authority and determines how much autonomy a local government has. There is a scientific hypothesis that it is impossible and inappropriate to legislatively provide for an exhaustive and clear division of powers between local and executive authorities, given the two nuances (which are not exhaustive). It is suggested that, on the basis of the positive completion of the decentralization process, the improvement of community management practices and the deepening of professional development of personnel at the national level, the issue consideration should be given to moving away from the «ultra vires» principle in favor of «contra vires», which is prevalent in Europe.
Conclusion. The pace of decentralization reform should not be slowed down. As a consequence, in order to avoid the creation of a hybrid (combined and not tested in practice) model of activity of local self-government bodies, in which the principle of legal personality of the local self-government body will not correspond to the established model of local self-government, it should be amended accordingly to the article 19 of the Constitution of Ukraine.
So, the article 19 of the Constitution of Ukraine, in the part concerning local self-government bodies, it is expedient to amend and supplement as follows: «local self-government bodies are guaranteed the right to regulate all their affairs independently within the framework of the law and under their own responsibility». These changes would offset the dogmatic approach to the perception of theoretical foundations of local self-government and the lack of generalized information on the experience of hybrid models of local self-government activity. Moreover, such changes are also appropriate in view of the lack of sound theoretical knowledge in terms of the possibility of combining and successfully interacting of the principle of legal personality «contra vires» with the dualistic model of local self-government. |
| INSTITUTE OF ADMINISTRATIVE RESPONSIBILITY IN THE JUVENILE JUSTICE SYSTEM | Author : VESELOV Mykola | Abstract | Full Text | Abstract :Background. The choice of the topic of the article is dictated by the existence of significant problems and the need to improve the mechanisms of applying administrative responsibility in the juvenile justice system for children on the basis of securing their rights.
Analysis of recent research and publications. Over the last five years, this topic has become the subject of research by a number of scholars and practitioners, but the practice of applying the relevant norms indicates the necessity of expansion of the research subject.
The aim of the article is to establish the nature of the institute of administrative responsibility in the legal relationships that arise in the functioning of juvenile justice.
Materials and methods. The empirical basis of the research was acts of Ukrainian and international law, analytical reviews and scientific works of other scientists. Due to the combination of general scientific and special methods of cognition, it was possible to work out the empirical material and to obtain its own scientific conclusions, which are correlated with the purpose and tasks of the article.
Results. Features of realization of institute of administrative responsibility in the field of juvenile justice are considered in three directions: administrative responsibility of minors; the administrative responsibility of parents or their substitutes for failing to fulfill their child-rearing responsibilities; the administrative responsibility of officials for acts that violate children’s rights. The expediency of reducing the minimum age of administrative responsibility is substantiated.
Conclusion. It is stated that in the juvenile justice system the institute of administrative responsibility acquires double importance, acting as a special legal form of the state response to administrative offenses by the child and a means of guaranteeing the rights and interests of children in the legal relations arising in the field of juvenile justice. It was supported the view of reducing the overall age of administrative liability to 14 years. Amendments to the content of parts 3 and 4 of Article 184 of the Code of Administrative Offenses have been proposed |
| TAX CONTROL OF TRANSFER PRICING IN UKRAINE | Author : MELNYCHENKO Ruslan | Abstract | Full Text | Abstract :Background. The issue of international taxation for transnational corporations is extremely urgent for all countries of the world without exception. The principles of the world tax system, developed by the League of Nations after the First World War in the 1920s, are no longer effective and can no longer be applied in today`s realities. The most significant changes in the last century include: integration of national economies and markets; the ability of large corporations to move beyond the national market and do business abroad; the emergence of a qualitatively new one in the global economy of the sector – the digital one, which led to radical changes in approaches to pricing of human labor results, as well as informatization of traditional types of human activity.
The aim of the article is to develop proposals for further directions of improvement of organizational principles of tax control of transfer pricing in Ukraine.
Materials and methods. The theoretical basis of the article was the scientific works of scientists from different fields of law, who in one way or another investigated the problems of the state control of transfer pricing in Ukraine by the state authorities. The philosophical methods of cognition (dialectical, hermeneutic), general scientific (analysis and synthesis, system-structural, modeling, abstraction, formal-logical, historical) are used and special methods used in jurisprudence (methods of interpreting the rules of law, legal-dogmatic, comparative legal).
Results. The article highlights the key global trends in anti-erosion of multinational corporations by using transfer pricing tools. Further directions of improvement of organizational principles of transfer pricing in Ukraine are suggested. The legal evaluation of each of the directions of improving tax control of transfer pricing in Ukraine is given.
Conclusion. According to the results of the study, the author concluded that the following strategic directions of improving the organizational principles of tax control of transfer pricing in Ukraine are offered: Ukraine`s implementation of OECD and G20 recommendations under the BEPS Plan, consisting of 15 stand-alone activities; the implementation by Ukraine of the OECD and G20 standards of international automatic information exchange (CRS and CbCR standards); increase of the information and analytical level of the State Fiscal Service of Ukraine (software products, information arrays, hardware and software complexes, automated complexes of information transmission and processing); improving the professional qualification of employees of the State Fiscal Service of Ukraine, including the solution of the problem of low wages and lack of motivation based on performance indicators (concrete results of work); development of tax information and consulting of taxpayers (formation of tax culture of business). |
| ADMINISTRATIVE AND LEGAL GUARANTEES FOR ENSURING THE OWN SAFETY OF POLICE OFFICERS | Author : VERBITSKY Oleksiy | Abstract | Full Text | Abstract :Background. Support for all aspects of a police officer`s professional activity, including the provision of his or her own security by police, should be provided by the State, with appropriate safeguards.
Analysis of recent research and publications has revealed thatthe relative novelty of this type of public activity causes a noticeable lack of theoretical and methodological basis for this issue in modern science, which determines the relevance of the chosen topic.
The aim of the article is to provide a scientific understanding of the concept and system of administrative and legal warranties of ensuring their own security in the police.
Materials and methods. Due to the combination of general scientific and special methods of cognition, such as dialectical, formal-legal, comparative analysis and synthesis, etc. the available empirical material has been worked out and the own scientific conclusions are obtained that are correlated with the purpose of the article.
Results. Based on existing ideas about the concepts and types of guarantees in legal science, the definition and vision of the system of administrative and legal warranties of ensuring their own security in police bodies is provided, which creates conditions for systematic identification of deficiencies in the normative regulation of certain areas of this activity.
Conclusion. It is proposed to divide the guarantees of ensuring own security of the police bodies into the following types: general, legal, organizational (organizational and legal); guarantees of implementation, guarantees of guard or protection; criminal law, administrative law.
Administrative and legal warranties for ensuring their own security in the police are administrative remedies and methods based on appropriate principles, which are enshrined in administrative legislation and aimed at ensuring the implementation, guard and protection of the subjective and professional rights and interests of police officers (their close relatives and family members), as well as regimes for the proper functioning of police bodies (units) in ordinary and non-standard (emergency) situations. |
| GENESIS OF URBAN PLANNING LEGISLATION OF UKRAINE | Author : HARAT Mykhailo | Abstract | Full Text | Abstract :Background. The article covers the issues related to the genesis of the legal framework of the construction industry in the period of becoming an independent Ukraine to this day. An analysis of the legislative acts regulating and regulating construction activity in the relevant stages of the development of construction legislation was made. The contents of these periods are investigated and their peculiarities are revealed. The basic tendencies of genesis of the building legislation in the modern period are traced.
Analysis of recent researches and publications. Taking into account its relevance, the topic of development of the legal framework of the construction industry became the object of scientific research N. Gustik, O. O. Kvasnitskoy, T. O. Kolomoets, N. Melnka, M. S. Lavrentyev, V. O. Olyukhi, V. V. Revenko, I. A. Tarasenko, V. I. Skull, O. Yankovskaya and other authors. However, a thorough study of the development of the legal framework of the construction industry in independent Ukraine was not conducted, which makes the relevance of such a study.
Materials and methods. The methodological basis of the article is a system of general scientific and especially legal methods of cognition. The information base of the article is the legislation of Ukraine, national statistical directories.
Results. Since independence, Ukraine has come a long way in its development, during which a number of important acts have been adopted that allowed forming the legal basis for regulating construction activity. At the same time, due to the integration and adaptation of the Ukrainian legislation to the European standards, the building legislation has been substantially changed, and the process of harmonization of normative acts has not been completed. Ukraine for the period until 2015, but the action plan has not been fully implemented and the new Concept has not yet been developed.
Conclusion. Confirmation that local legislation will be delayed by various factors: development and adoption of a single codified actual in-city construction that uses systematic large volumes required for urban development; the presence of harmonious Asian Ukrainian factors to European standards; the development and adoption of the Concept that is being implemented is growing with the business building in Ukraine. |
| PROFESSIONAL IDENTITY AS A SIGN OF A SPECIAL CRIME SUBJECT | Author : NIKITENKO Viktor, LANDINA Anna | Abstract | Full Text | Abstract :Background. In recent years, professional crime has become a particular public danger. Therefore, the issues related to the peculiarities of criminal responsibility of persons who committed crimes related to their professional affiliation, profession, skills, abilities, etc., are of particular relevance
Analysis of recent research and publications. Questions of criminal responsibility of special subjects of a crime were studied in the theory of criminal law at the present stage of development by such scientists as D. V. Baranenko, A. S. Osadchey and others.
The aim of this article is to establish the impact of the presence of professional skills, abilities and official or other professional powers on the criminal responsibility of the special subject of the crime.
Materials and methods. The methodological basis of this article is a number of General scientific, special criminal law and criminological methods. The materials used were the latest work in the field under study, the existing legal acts and criminological conceptual apparatus.
Results. Based on the definition of the essence of social status as a criterion that defines the subject of the crime as a special, one of them is professional affiliation-profession, skills, abilities that a person owns and that she uses during the Commission of the crime. This causes a public danger of crimes, as well as persons who commit crimes using their professional qualities.
Conclusion. The availability of professional qualities and availability of the necessary resources, certain power, official or other governing powers, which are used as leverage over others, increases the chances of criminals to commit the desired criminal acts and / or obtain the desired criminal result. |
| CRITERIA FOR INSANITY OF THE SUBJECTS OF THE ILLEGAL ACT | Author : POLONKA Ivanna | Abstract | Full Text | Abstract :Background. The global European community demonstrates significant changes in the structure and dynamics of wrongdoing, which is accompanied by the recognition of the fundamental idea of the priority of human values. The rethinking of an objective assessment of the influence of a person`s physical or mental state on his behavior is of particular importance.
Analysis of recent research and publications has shown that, despite the existence of some scientific advances, the important scientific and practical problem on determining the criterion of insanity of non-indictable subjects of objectively unlawful acts remains unresolved.
The aim of the article is to study comparatively cognitive norms of foreign states with respect to the criteria of insanity of non-indictable subjects of objectively unlawful acts.
Materials and methods. In the course of the research philosophical methods of cognition, general scientific and special methods used in interpreting the rules of law, conducting comparative legal analysis were used.
Results. The comparative-cognitive analysis of foreign states` norms regarding the criteria of insanity of non-indictable subjects of objectively unlawful acts is presented. Understanding the categories «insanity» and «diminished sanity» is considered in Romano-German, religious and Far Eastern legal families. Based on the results of this study, a set of proposals has been developed that should be considered in Ukraine in order to improve the objectively unlawful act.
Conclusion. As a result of the analysis of the legislation of the countries of the separate legal systems of the world concerning the committing of illegal acts by non-indictable subjects, it is established that there is no clear concept of this category in the modern legislation of foreign states.
The experience of the states of the Romano-German legal family is interesting for Ukraine, since the legislation of the countries in question is the most grounded, logical and consistent and meets the realities of the requirements of the latest trends in the globalization of jurisprudence.
The prospects for further research are determined, in particular: study of the legislation of the countries that are part of the Anglo-American legal system, which regulates the criteria problem of insanity of non-indictable subjects of objectively unlawful acts, in order to comprehensively cover this issue taking into account the position, normative framework and case law of this legal family. |
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