Background. For the past five years, the European Union’s trade policy has included the signing and implementation of «new generation» free trade agreements. The study of various aspects of regulation and settlement of disputes arising in the course of free trade agreements, the study of the application of dispute settlement mechanisms provided by the «new generation» of EU free trade agreements, aims to create a theoretical and legal basis and better understanding implementation of these legal relations by the specialists. Analysis of recent research and publications has shown that despite the significant amount of research on this issue, there is still area for further scientific research, in particular on the latest trends in trade and economic and investment disputes settlement. Theaim of the article is to single out and characterize the main problematic aspects of the application of dispute settlement mechanisms in the EU «new generation» free trade agreements. Materials and methods. The normative basis of the study is the Association Agreement between Ukraine and the EU, the EU Agreement with the Southern African Customs Union on Economic Partnership, the Japan-EU Economic Partnership Agreement, the Comprehensive Economic and Trade Agreement between the EU and Canada, the Free Trade Agreement with South Korea and other EU free trade agreements. The methodological basis of the study is general scientific and special legal methods of cognition. Results. Significant attention to resolving investment disputes in the «new generation» of EU free trade agreements is a reflection of the nature of these agreements, which aim to liberalize not only trade but also the movement of investments. An unconditional trend in recent EU trade and investment agreements is the introduction of permanent arbitration mechanisms. Two-level, quasi-judicial mechanisms of this type are already included in the EU Free Trade Agreement with Vietnam, the EU-Singapore Investment Protection Agreement and the Comprehensive Economic and Trade Agreement between the EU and Canada. For the most part, tribunals and arbitration groups under the EU’s free trade agreements operate on an ad hoc basis. A characteristic feature of the Comprehensive Economic and Trade Agreement between the EU and Canada, the EU Free Trade Agreements with Singapore and Vietnam is the inclusion of certain provisions for the settlement of investment disputes between the investor and the host country. The provisions of other EU free trade agreements (primarily with Mexico, Vietnam and Singapore) on the Investment Justice system are also in line with EU law. Under such conditions, the creation of the Investment Judicial System is highly probable. Conclusion. EU free trade agreements contain a fairly detailed and clear settlement of dispute resolution methods that may arise during the implementation of such agreements. The results of the analysis of recent disputes and the procedure for resolving them within the framework of the mechanisms prescribed in the agreements indicate cases of non-compliance with the deadlines stipulated in the agreements, as well as low efficiency of such a mechanism as consultation, which necessitated the use of arbitration proceedings. A characteristic feature of the EU’s «new generation» free trade agreements is the inclusion of investment aspects and a separate procedure for resolving investment disputes, which reflects the importance of this aspect of trade and economic relations, which is also reflected in plans to establish an Investment Judicial System and a Multilateral Investment Court.

Background. Mediation is gradually gaining popularity in Ukraine, and attempts to regulate this procedure have been going on for more than 10 years. Ukraine has signed the Singapore Convention, which updates the relevant theoretical and legal and comparative legal researches. An analysis of recent research and publications has shown that the available studies reveal more of the role, nature and content of the Convention, without highlighting possible mechanisms for implementing its provisions in national legislation, and this factor leaves an appropriate area for the novelty of our study. The aim of this article is to identify possible mechanisms for the implementation of the Singapore Convention by Ukraine and to assess the impact of the Convention on the development of mediation. Materials and methods. The normative base of the study consists of international treaties and UNCITRAL model laws, materials of the UNCITRAL Working Group II, foreign legislation. The methodological basis of the conducted study were general scientific and special legal methods of cognition. Results. The main reasons and goals of signing the Singapore Convention have been identified, which should be achieved in the implementation of its provisions. The Singapore Convention has been signed by only 52 countries, but this does not limit its role in international trade and economic relations, but shows the cautious attitude of states to the implementation of the mechanism of enforcement of agreements concluded through mediation, especially in view of the unequal level of popularity and legal regulation of mediation in different states. The procedure of Singapore’s implementation of the Convention is analyzed and it is concluded that the text of the Singapore law literally repeats the text of the Convention, and certain peculiarities of implementation are noted. According to the analysis of the text of the Singapore Convention, it can be stated that the signing and its entry into force will promote the development of mediation at the public and private levels. Conclusion. The Singapore’s experience in ratifying and implementing the Singapore Convention demonstrates the real achievement of its goals. The indirect impact of the Singapore Convention on national legal systems and the development of mediation activity is also desirable and necessary. The full implementation and ratification of the Singapore Convention in Ukraine is possible only with the adoption of the Law of Ukraine «On Mediation» and a balanced approach to the introduction of the procedure for implementation of international agreements on disputes resolution based on mediation. One of the most acceptable options is to amend the Civil Procedure Code of Ukraine and supplement Section IX Recognition and Enforcement of Decisions of Foreign Courts, International Commercial Arbitration with articles that will provide a similar procedure for international agreements on dispute resolution based on mediation.

Background. At the current stage of societal development there is an urgent need for legal knowledge on advocacy organization and professional activity ethics, which are enshrined in international legal acts, as they will allow to analyze the accumulated legal experience and create their own model of rules and standards for providing professional legal services according to the requirements of international legal acts. Analysis of recent researches and publications. A large number of scientific researchers are dedicated to the Institute of advocacy. A considerable amount of research is related to the theoretical foundations of the organization of advocacy, the ethical aspects of the advocacy, the disciplinary responsibility of the attorneys and etc. Despite the considerable attention to the issue by the scientists and practitioners, the area of international legal acts is little-explored, which should become the basic foundation for the development of the national Institute of advocacy. The aim is an analysis of the international legal acts governing the practice of advocacy. Materials and methods. Methods of analysis and synthesis, generalization, comparison and so have allowed obtaining science-based results. Scientific works of domestic scientists, as well as international legal acts and current legislation of Ukraine became the information base of the research. Results. The legal regulation of advocacy and advocacy work is based not only on the principles set out in domestic law, but also on generally recognized standards adopted in the international community. International legal acts are requirements for guaranteeing the rights and legitimate interests of a person who also acts against attorney as a person whose activity is aimed at protecting the rights and legitimate interests of individuals and legal entities, as well as public authorities and local self-government bodies. The analysis of international documents allows classifying them by object of regulation and dividing into three main groups: international acts that regulate the legal basis of the advocacy work; international acts that regulate the procedural basis of the advocacy work; international acts that determine the role of lawyers (attorneys) in society. Conclusion. International legal acts that directly or indirectly determine the status of attorneys and advocacy work should be the basis for domestic law and law enforcement practice. The application of international standards is a necessary element of improving the efficiency of advocacy work.

Background. The government’s introduction of a significant number of restrictive measures has led to the cancellation of flights, cultural and other events, postponement or remote (online) execution. The study focuses on the issue of consumer rights in the field of services, in particular on the return of funds for canceled services (flights) during quarantine measures of COVID-19. Analysis of recent researches and publications. In their scientific works, scientists have analyzed the legal problems of changing the paradigm of consumer protection. However, the emergence of new types of violations of consumer rights in connection with the introduction of quarantine COVID-19, requires systematic study and research to ensure the implementation of consumer protection. Theaim of the study–to carry out a legal analysis of situations, refusals of business entities to return funds for canceled activities (flights) during the quarantine of COVID-19, to outline ways of the rights protection of consumers in such situations; to analyze examples of good practice from the European Community of disputes resolving arising during quarantine activities with dishonest businesses. Materials and methods. General scientific and specific research methods were used to elaborate on the topic outlined. Results. The government’s introduction of a significant number of restrictive measures has led to the cancellation of flights, cultural and other events, postponement or remote (online) execution. The study focuses on the issue of consumer rights in the field of services, in particular on the return of funds for canceled services (flights) during quarantine measures of COVID-19.A legal analysis of the situations that has caused certain losses to consumers was carried out, and at the same time, business representatives irresponsibly turned the situation in their favor. The ways of the consumers’ rights protection in case of refusal of the business entity to implement consumer’s rights have been identified. Examples of good practices of the European community to resolve disputes arising for consumers during quarantine measures while dealing with dishonest business entities have been given. Effective mechanisms for consumer rights protection in Ukraine have been proposed. Conclusion. The introduction of measures to prevent the spread of acute respiratory disease COVID-19 in Ukraine has once again demonstrated the complete insecurity of the consumer community against dishonest business and the lack of effective, targeted state mechanisms to protect consumer rights. Underestimation by the state authorities of Ukraine of the crucial role of the consumer, who is the main investor in the domestic market, fully offsets the rights of consumers enshrined in Art. 4 of the Law of Ukraine «On Consumer Protection» cause complete distrust of consumers in the force of law and state protection of their consumer rights. In Ukraine, it is necessary to introduce and develop new, progressive platforms for consumer appeals, provide them with free legal assistance in resolving controversial issues, promote the development of consumer organizations that would be dated and supported by the state.

Background. Co-regulation requires adequate legislative support in Ukraine as a component of good governance in accordance with the provisions of the Association Agreement between the European Union and the European Atomic Energy Community and their member states, of the one part, and Ukraine, of the other part, and in the direction of harmonization with EU law. Analysis of recent research and publications. The theoretical aspects of co-regulation of economic activity in view of the European integration trend are not well understood. The aim is to define the concept of co-regulation of economic activity. Materials and methods. The research used general scientific and special methods of knowledge of legal phenomena and processes, among them: dialectical, systematic approach, formal-logical, generalization, comparative law, synergistic. Information base of the research - Association Agreement between the European Union and the European Atomic Energy Community and their member states, of the one part, and Ukraine, of the other part, the legislation of Ukraine, the EU Directive, the work of domestic and foreign scientists. Results. The analysis of the content of regulations on co-regulation of economic activity indicates the fragmentation of ensuring the participation of SROs in regulating the industry. In most cases, such involvement only concerns the development of draft regulatory acts. An exception is the regulation of audit activity, which provides for the creation of a Public Audit Oversight Body. It is advisable to amend the Economic Code of Ukraine and to define co-regulation along with self-regulatory issues. Therefore, it is necessary to supplement Chapter 2-1 with the specified legal act «Basic principles of self-regulation and co-regulation in the sphere of economic activity. Self-regulatory organizations». Conclusion. Co-regulation is an alternative or additional to the state regulation, definition and implementation of common and mutually agreed rules and means by public authorities, economic entities, self-regulatory organizations and consumers of goods and services for the purpose of streamlining economic activity in a particular field, industry, type (s). business and supervision and control. Co-regulation of economic activity should take a proper place in accordance with the role in the socio-economic life of the state. The development of civil society is a positive factor for its development. It is important to carry out analytical studies on the implementation of regulatory and organizational co-regulation in relevant areas, industries, types (types) of economic activity by establishing Co-regulatory Evaluation Criteria, which include: awareness of all stakeholders and understanding of the need; trust; the degree of preparedness of state bodies of local self-government, economic entities; benefits and risks; dispute settlement mechanism, etc.

Background. In accordance with the orders of Ukrainian government, quarantine has been introduced throughout Ukraine. In addition, an emergency regime has been established throughout Ukraine. Thus, today in Ukraine there are two interrelated legal regimes: the quarantine regime and the emergency regime.This event, caused by objective factors, created significant legal consequences for the whole world, Ukrainian society in particular, significantly affected the dynamics of civil relations in the country. Analysis of recent research and publications.The current state of research on the problems of legal capacity of an individual is characterized by the lack of general comprehensive studies, including dissertations, on this issue in domestic civil science. The question of the peculiarities of the legal capacity of individuals in emergencies, caused by pandemics, in particular COVID-19, caused by the coronavirus SARS-CoV-2, in domestic and foreign science have not yet been studied. The aim of the article is to determine the features of legal capacity of individuals in an emergency situation, caused by the spread of respiratory disease COVID-19, caused by coronavirus SARS-CoV-2, and the main areas of civil relations, that have changed. Materials and methods. The normative basis of the study is the Constitution of Ukraine, the Civil Code of Ukraine, the Law of Ukraine on Amendments to Certain Legislative Acts Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus (COVID-2019), Cabinet of Ministers Resolution On prevention of the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 on the territory of Ukraine. The methodological basis of the study is general scientific and special legal methods of cognition. Results. The civil legal capacity of individuals is defined in civil law in order to ensure the satisfaction of private rights and interestsof individuals.Civil legal capacity and competence provides a wide range of rights, duties and responsibility of individuals.In the context of quarantine and emergency, thecivil legal capacityof individuals has also changed. The novelties of legislative regulation are: employment; credit benefits for the borrowers; tax benefits fortaxpayers; social protection of the unemployed persons; civil terms; realization of the right to judicial protection; bankruptcy of individuals; state regulation of prices for social products; restrictions on the time of quarantine; restriction of the right to freedom of movement. Conclusion. Under quarantine conditions, the scope of civil rights of individuals is limited and narrowed, and civil legal capacity as a whole.However, there are new types of benefits: tax, credit, financial. The state and the legislator focus on addressing issues of protection of life and health of the population, create a mechanism for the implementation and protection of the right to health and the right to safe environment, and limit a number of other human rights and freedoms, focusing on basic human needs, in clothing, housing, food. With the termination of quarantine, the scope of civil rights and obligations of individuals must be returned to normal legal regime.

Background. Commercial law does not define the term «warranty letters», although businesses use it in business. Ambiguous attitude to the warranty letters and the authorities: public authorities do not recommend requiring warranty letters; local governments post their samples on their websites. In this regard, it is necessary to clarify the feasibility of using warranty letters in business. An analysis of recent research and publications has shown that despite the existence of some scientific achievements, an important scientific and practical problem regarding the use of warranty letters in business remains unresolved. The purpose of the article – is to determine the feasibility of using a warranty letter in economic activity. Materials and methods. In the course of research various methods were used: dialectical, system approach, formal-logical, generalization, comparative jurisprudence. The information base was the civil and economic legislation of Ukraine, court decisions of courts of various instances, decisions of the Antimonopoly Committee of Ukraine, works of domestic scientists. Results. The study of the current legislation, the practice of courts and the Antimonopoly Committee of Ukraine, scientific works on the definition of the concept «warranty letters» is carried out. According to the results of the study it was found that, first of all the by-laws provide for the issuance of warranty letters, with mandatory certification of signatures on them with the seal. Secondly, the practice of the Standing Administrative Board of the Antimonopoly Committee of Ukraine on Complaints of Violations of Public Procurement Legislation is ambiguous: in some public procurements it is allowed to demand warranty letters, in others it is prohibited. Courts recognize warranty letters as evidence in a case. Thirdly, the warranty letter does not fall under the features of the juristic action, contract and the method of ensuring the fulfillment of obligations. Fourthly, the warranty letter provides for the provision of information on cooperation with manufacturers in order to inadmissibility of the supply of counterfeit products. Conclusion. According to the results of the study, the concept of «warranty letter» is defined and it is stated that the letter of guarantee should be understood as an official letter issued by the business entity to confirm the performance of any actions (which may be prescribed in the contract or already prescribed in the contract). In contrast to existing publications, the need for a letter of guarantee for the supply of products of foreign origin that have a specific purpose (e.g. medical devices, medicines), especially when the supply contract is concluded through public procurement. It is stated that the authorities cannot recommend or prohibit business entities from using letters of guarantee in business activities, as this can be regarded as interference in their business activities.

Background. For Ukraine, improving the principles of tax system formation remains an important part of the problem of legal regulation of socio-economic relations and is an important factor in ensuring the continued existence and development of the country in the light of EU experience. Analysis of recent researches and publications. Separate researches of representatives of domestic and foreign legal science are devoted to the formation of a set of general rules (standards) of taxation in legal science. However, the questions of the possibility of using modern general and special European principles in forming the legal mechanisms of the domestic taxation system remained out of the scientists’ attention. The aim of the article is to conduct a retrospective analysis of the main principles of Ukrainian legislation on the principles of tax system construction and, using EU experience, to provide proposals for improving such principles. Materials and methods. The information base of the research was the legal acts of Ukraine and the EU, the works of domestic and foreign scientists. The methodological basis is the general scientific and special legal methods of cognition, the use of which has provided a high degree of probability of the obtained results. Results. Arguing the proposal on the expediency of borrowing the European principles of legal support of the domestic tax system, the table provides a comparative legal analysis of the principles of construction and operation of the domestic tax system of 1991–1998 and 2010, the advantages and disadvantages and the degree of sufficiency of the transformation of such principles are identified. The general and specific principles of building a legal and tax system in the EU are studied in order to substantiate the need to expand the incentive functions of the domestic tax system and limit the fiscal establishment of types and amounts of taxes. Conclusion. It is necessary to include in the ?C of Ukraine the principle of building a tax system, which is the basis of EU legislation, the essence of which is that the collection of taxes is carried out only in strict accordance with the laws, and the resolution of tax disputes should be carried out by the competent authorities, publicly, taking into account the priority of human rights and freedoms.