Contradictions in the interpretation of international arbitration agreements | Author : POGORETSKA Khrystyna | Abstract | Full Text | Abstract :This article explores a divergence of approaches applicable to interpretation of arbitration agreement due to the very nature of international commercial arbitration as transnational and multicultural forum. The author also considers globalization of international commerce as a key factor in promoting predictability and certainty of contractual interpretation and thereby promoting uniformity in its approaches. The interaction between the diversity of legal cultures, on the one hand, and demand for uniformity, on the other hand, are at stake in this discussion. |
| Regulating the activities of transnational corporations: evolution of priorities | Author : HONCHAROVA Yulia, UDOVENKO Maksym | Abstract | Full Text | Abstract :Background. The legal status of TNCs in international law has become a separate topic of scientific discussions, which, among other things, concerned the influence of TNCs on the sovereignty of states. Digitalization, globalization and modern imperatives of formation of global value chains actualize the subject of relations between the international community and TNCs, which requires retrospective analysis, separation and substantiation of certain stages of formation of such relations.
An analysis of recent research and publications has revealed that a comprehensive analysis of the evolution of international legal regulation of TNCs through the prism of the priorities of the international community has not been conducted, which determines the relevance of the study.
The aim of the article is to analyze the genesis of the relationship between TNCs and the international community through the prism of the priorities of the international community at certain historical stages.
Materials and methods. The normative basis of the study were UN documents, decisions of the UN International Court of Justice. The methodological basis of the study is general scientific and special legal methods of cognition.
Results. The existing definitions of the terms «transnational corporation», «multinational enterprise», «multinational corporation», «global corporation», «group of multinational companies» in various documents of international law are considered. The genesis of the formation of international legal norms on the activities of transnational corporations is analyzed, the priorities of the international community in certain historical periods are highlighted. Key tasks for regulating the activities of transnational corporations are forecasted.
Conclusion. The phenomenon of TNCs remains one of the imperatives in the development of international law and the subject of activity of international governmental and non-governmental organizations. It is established that the priorities of the international community are gradually changing in the direction of complexity - from the purely socio-economic situation in developing countries to the role of TNCs in achieving the Sustainable Development Goals, with special focus on protection of human rights in the activities of TNCs. |
| WTO agreements: ways of interpretation | Author : TYSHCHENKO Yuliya | Abstract | Full Text | Abstract :Background. The most of the world’s trade relations are governed by uniform rules that form the legal basis of the WTO. Member states sometimes have different understanding of the content of their rights and obligations, which are in the WTO agreements. This gives rise to controversy between them. To reduce the number of disputes between states, they should use uniform ways of interpreting WTO agreements.
Analysis of recent research and publications has revealed that the interpretation of WTO legal sources has not been the subject of a separate study, therefore, requires clarification.
The aim of the article is to identify and theoretically comprehend the main ways of interpreting the WTO agreements.
Materials and methods. The set of general scientific and special methods of scientific research is chosen as the methodological basis.
Results. WTO law consists of legal norms and the general rules of interpretation of the theory of law are applied to clarify their meaning. The legal sources of the WTO are the sources of public international law. Therefore, for the interpretation of the norms of this organization, the methods of international law are primarily used. The main source of rules for the interpretation of international treaties is the 1969 Vienna Convention on Treaties. The Agreement on the Rules for the Settlement of Disputes specifies that the usual rules of interpretation of international law are applied to clarify the rules of WTO agreements. Thus, for the interpretation of WTO agreements, the rules enshrined in the Vienna Convention and other methods of interpretation used in international law are applied. Articles 31, 32 of the Convention provide for such methods of interpretation as textual, teleological interpretation, clarification of the meaning of the term of the contract by establishing the intentions of the participants and historical interpretation. It is worth adding to the list of ways of interpreting WTO law such general theoretical methods as logical, systematic, special legal interpretation, etc.
Conclusion. So, the methods of interpretation of the WTO agreements include textual, teleological, historical interpretation, the interpretation of norms by clarifying the intentions of the parties to the treaty, as well as general theoretical methods of interpretation. |
| International legal mechanism for ensuring human rights | Author : MYKHAILOVSKYI Victor | Abstract | Full Text | Abstract :Background. The problem of protecting human rights has existed throughout the existence of mankind. Modern globalization affects the effectiveness of international institutions in the field of human rights. After all, the rapid processes of development and adoption of international documents in the field of human rights require not only worldwide recognition, but also unquestioning implementation. In this regard, the study of the mechanism for exercising the powers of the UN Human Rights Council in the temporarily occupied territories of Crimea and Donbas is especially relevant.
The aim of the article is to establish a mechanism for exercising the powers of the UN Human Rights Council to respect and ensure human rights in Ukraine, in particular in the temporarily occupied territories of Crimea and Donbas.
Materials and methods. Both general and special legal methods of cognition were used during the research. The normative basis of the study were international treaties, international law and the work of domestic and foreign scientists.
Results. International protection of human rights is one of the most important branches of public international law. The creation of the United Nations has opened a new page in the field of human rights institutions. In order to promote and ensure human rights in Ukraine, in particular in the temporarily occupied territories of the Autonomous Republic of Crimea and Donbas, the UN Human Rights Council implements a number of mechanisms: closely cooperates with the UN High Commissioner for Human Rights. periodic inspections.
The UN Human Rights Council serves as a forum for discussing thematic issues on all human rights. Thus, within the high-level segment of the UN Human Rights Council, on February 23, 2021, for the third year in a row, the UN General Assembly debated on the agenda item «Situation in the Temporarily Occupied Territories of Ukraine» initiated by our state. Within the framework of this event, support for the sovereignty and territorial integrity of Ukraine was expressed.
Conclusion. Ukraine’s cooperation with the UN Human Rights Council is increasing pressure from the international community to respect the rights of indigenous peoples, national minorities, social human rights, democracy and the rule of law. During the Russian aggression on the territory of Ukraine, the UN Human Rights Council adopted a resolution «Cooperation with Ukraine and its assistance in the field of human rights», an agreement was concluded between the Government of Ukraine and the Office of the UN High Commissioner for Human Rights. Ukraine. Thus, despite the recommendatory nature of the powers of the UN Human Rights Council, this international institution significantly affects the level of human rights in the temporarily occupied territories of Ukraine, and contributes to the further development of human rights in Ukraine. |
| Legal regulation of naval forces activity: world experience | Author : BORYSOV Yevhen | Abstract | Full Text | Abstract :Background. The analysis of the evolution of the regulation of the navy cannot be carried out without considering the reflection of the relevant aspects in the naval historical thought. These scientific researches first of all have no legal orientation and have as their subject the content and nature of the activity of the navy, in particular in measuring its formation and development. At the same time, their generalization and evaluation in the legal dimension would be useful in the context of determining the relationship between historical thought and the development of naval law.
An analysis of recent research and publications has shown that, despite aspects of the attention of legal historians to the issue of regulatory support of the armed forces, there is no relevant works on the evolution of the legal regulation of the navy.
The aim of the article is to correlate global historical thought and legal support for the activities of the navy. To solve this goal, it is necessary to determine the development of relevant historical thought, to characterize its implementation in the works on naval doctrine and strategy, to assess the importance of relevant works for the development of naval law.
Materials and methods. In the course of the research historical-legal, comparative, systemic, epistemological, hermeneutic, biographical methods were used.
Results. The reflection of aspects of legal regulation of activity of naval forces in works of historians of fleet is investigated. The formation of the history of the navy from the seventeenth century in terms of special research and works on naval tactics and strategy is considered. It is proved that at the first stage these researches had the character of empirical generalization and provision of tactical activity of the sailing and then mechanized fleet, but from the end of the XIX century this experience was gained in the development of a maritime strategy.
Conclusion. Historical studies of naval development first emerged at the appropriate scientific level as part of the development of naval tactics and strategies by French, British and American authors, whose works constitute an interconnected universal and universally recognized system of scientific research begun in the late seventeenth century. At the first stage, these studies were in the nature of empirical generalization and ensuring the tactical activities of the sailing and then mechanized fleet. But from the end of the XIX century this experience was gained in the development of a naval strategy, which gained universal character and indisputable authority for the naval forces of the most countries.
In addition to use in works on naval tactics and strategy, the history of the navy from the eighteenth century reflected in biographical works, and in the twentieth century the most of the relevant historical works began to have the character of memoirs. Because the world-renowned fundamental works on naval strategy and tactics belong primarily to American and British authors, the domestic dimension of historical scientific research in this area is extremely limited. Thus, these issues require new research. |
| Protection of the rights of Ukrainian labor migrants in Europe | Author : KORTUKOVA Tamara | Abstract | Full Text | Abstract :Background. Citizens of Ukraine are one of the largest groups of seasonal workers in the European Union. At the same time, Ukrainian migrant workers often suffer violations of their rights abroad. In this aspect, Ukraine has an urgent task to protect the rights of Ukrainian seasonal migrant workers abroad. For European Union, despite the economic crisis that has led to higher unemployment, there is an urgent need for seasonal workers in the EU Member States, due to the fact that seasonal work is generally not attractive for the EU labor market.
The aim of the article is to determine the features of protection of the rights of Ukrainian seasonal migrant workers in the European Union.
Materials and methods. The research is carried out on the basis of general and special research methods, in particular, such as: discourse and content analysis, system analysis method, induction and deduction method, historical-legal method, formal-legal method, comparative-legal method, and others.
Results. Seasonal work is one of the types of temporary employment, which is limited to a certain period of time. In the European Union, seasonal work is not attractive to citizens of the European Union. In this regard, it should be noted that the Member States of the European Union have a long practice of attracting seasonal migrant workers to their labor market, which was especially intensified in the post-war period, characterized by labor shortages on the European continent, which led to this policy development. Today, with the onset of the global pandemic COVID-19 and the starting of lockdown, the European Union still needs seasonal migrant workers, especially in the agricultural sector, to perform seasonal work. In this area, the EU has developed supranational legislation, which was analyzed in the article.
Conclusion. Given that Ukrainians are one of the largest groups of seasonal workers in the European Union, it is important for Ukraine to protect its citizens abroad, which, in particular, can be strengthened by signing bilateral agreements with EU Member States on employment and social protection of Ukrainian citizens; agreements on mutual employment of employees; agreements on employment and cooperation in the field of labor migration, etc. |
| Ethical codes of conduct for the digital economy entities: the legal aspect | Author : HONCHARENKO Olena | Abstract | Full Text | Abstract :Background. The use of IT tools in the business sphere requires special legal regulation, given the excellent mechanism of consolidation from areas where the figure is not yet used or its use is quite limited. An important tool of regulatory self-regulation are codes of ethics in the digital economy, which only take into account certain features of digital transformations and are a universal trend of modern development of legal regulation of the economy in Ukraine and the world.
Analysis of recent research and publications. The analysis of types, the content of ethical codes in the field of digital economy is not paid enough attention, which actualizes the purpose of this scientific article.
The aim of the study is to determine the features of codes of ethics in the digital economy.
Materials and methods. During the study, both general scientific and special methods of cognition were used: dialectical, systemic, synergetic, formal-logical, generalization, functional, comparative jurisprudence. The information base of the study was national legislation, EU directives, works of domestic and foreign scientists, codes of conduct of international IT companies.
Results. The following types of codes of ethics (codes of professional ethics) depending on the subject, the subjects of their development and adoption in the digital economy are identified: codes of ethics in a particular area of the digital economy; codes of ethics of a separate professional community; codes of ethics (codes of professional ethics) of an individual business entity. Codes of ethics in a particular area of the digital economy are a collection of rules and standards of conduct developed by a community, an association of different professions, in order to develop common principles and policies in a particular market. Codes of ethics of a particular professional community are a collection of rules and standards of conduct that are developed by a particular community on a professional basis and that operate in the digital economy. Codes of ethics (codes of professional ethics) of an individual business entity are internal organizational documents of a specific business entity, an element of its foreign and domestic policy, which sets out the rules of activity for the company’s citizens, limits of liability, etc.
Conclusion. It has been established that the digital economy is primarily an area that has emerged through self-regulation, so the development of regulation in the digital economy should be linked to the ethics of using the tools of digital transformation. It has been found that the self-regulation of the digital economy takes into account the flexibility of various tools, including codes of ethics. It is established that the structure and content of codes of ethics (codes of professional ethics) of each company is different. The content of such codes usually includes global trends of modern business requirements: sustainable development policy, respect for human rights, corporate social responsibility, compliance with anti-corruption, tax laws, etc., and special, which reflect the individual obligations of a particular company. |
| Conceptual and categorical apparatus of security science | Author : SONIUK Olha | Abstract | Full Text | Abstract :Background. Security research in the field of entrepreneurial activity requires the coordination of legal, economic, managerial conceptual and categorical apparatus, necessitates the systematization of scientists’ approaches to the interpretation of basic concepts, in order to ensure effective protection.
The aim of the article is to present the definition of «object of legal security of business», improving the conceptual and categorical apparatus of the science of security, the formation of theoretical foundations for business security.
Materials and methods. The information base is the legislation of Ukraine, scientific research, conceptual apparatus of security science. The methodology is based on the use of general scientific and special methods.
Results. We propose to distinguish the concept of «object of business security», «object of legal security of business», «subject of business security». The object of security of entrepreneurial activity, as a material category, is the enterprise itself in its various manifestations, aspects of activity. The object of business security is a set of protected legitimate interests of the enterprise (economic, informational, corporate), which are encroached upon. The classification of objects of legal security of business activity is given.
Conclusion. Supporting the general position of scientists of the system approach, in this study the material (regulatory, declarative, abstract, ideal) and procedural (activity, procedural) concepts of security science are distinguished. In fact, we consider security as a material abstract phenomenon – an idealized state of security. We consider security from a procedural point of view – as an activity to achieve a state of security. |
| Principles of transitional justice | Author : CHVALIUK Andrii, BABIN Borys | Abstract | Full Text | Abstract :Background. The issue of reintegration of the temporarily occupied territories was emphasized by the President of Ukraine as one of the priority areas of work of the Commission on Legal Reform. Instructing to develop a concept of transitional justice in 2019, the President said that it should include measures to compensate victims of war, bring to trial those guilty of serious crimes, realize the right to receive the truth about the course of the conflict. However, neither the country’s leadership nor the scientific community has yet determined the principles on which these measures should be implemented.
Analysis of recent research and publications has revealed that, when thinking about the principles of transitional justice policy, human rights activists and scholars use such language clichés as «directions», «measures», «main principles», «postulates», «essence», «policy principles to support transitional justice». This creates some confusion that needs to be eliminated.
The aim of this article is to formulate the principles of the Ukrainian model of transitional justice.
Materials and methods. During the study, both general and special methods of cognition were used: dialectical, terminological, systemic, formal-logical, generalization, structural-functional, modeling and forecasting. The information base of the study was the norms of international law, national legislation and draft laws, expert opinions, works of domestic and foreign scientists.
Results. The article considers the principles on which the Ukrainian model of transitional justice should be based. Taking into account the fact that at the normative and doctrinal levels the consolidation of the principles of the domestic model of transitional justice has not yet taken place, the author offers his vision of the system of principles of the domestic model of transitional justice and outlines promising areas for their practical implementation.
Conclusion. The author believes that the basic system of principles of the domestic model of transitional justice should look like this: the primacy of international law; objective (judicial) truth; universal justice; post-conflict modernization of public relations; efficiency and timeliness. |
| Scientific view on the problems of administrative responsibility of minors in Ukraine | Author : DUBINA Oleh | Abstract | Full Text | Abstract :Background. The choice of the subject of the article is dictated by the need to clarify the state of research of the problems of the institute of responsibility of minors in administrative and legal science and their systematization.
The aim of the article is to identify and systematize the main areas of scientific understanding and solving problems of administrative liability of minors in our country.
Materials and methods. The empirical basis of the study were legal acts of Ukrainian legislation, scientific works of other authors in the field of administrative law. Thanks to a combination of general scientific and special methods of cognition it was possible to process the specified empirical material and to receive own scientific conclusions.
Results. The article is based on the analysis of existing Ukrainian research on the peculiarities of the administrative responsibility of minors. It is emphasized that this category of persons falls under the characteristics of the so-called special subjects of administrative misconduct, which should affect their legal status as participants in proceedings on administrative offenses. It is proved that the peculiarities of bringing minors to justice, within the institution of administrative responsibility can be considered as a special «sub-institution of law».
Conclusion. According to the results of the study, the main directions of scientific understanding and solving the problems of administrative responsibility of minors in our country are identified and systematized, such as: 1) review and determination of the optimal minimum age of administrative responsibility; 2) increasing the effectiveness of educational measures, the application of which to juvenile offenders provides for legislation on administrative liability; 3) improving the procedure of judicial proceedings in terms of bringing minors to justice for committing administrative offenses; 4) protection of the rights of minors prosecuted for committing administrative offenses; 5) reforming the procedure for responding to socially dangerous acts committed by children before they reach the age from which criminal liability arises. |
| Ethical norms in the activities of public service entities | Author : VESELOV Mykola, YEPRYNTSEV Pylyp | Abstract | Full Text | Abstract :Background. The choice of the topic of the article is dictated by the presence of significant theoretical problems and the need to improve the understanding and legal definition of the principle and rules of ethical behavior in the activities of public service entities in Ukraine.
The aim of the article is to obtain new scientific results in the form of substantiated conclusions and proposals for solving current theoretical, applied and legal problems of determining the principle and rules of ethical behavior in the activities of public service entities in Ukraine.
Materials and methods. The empirical basis of the study were legal acts of legislation of Ukraine and some other countries, scientific works of other scholars in the field of administrative law. Thanks to a combination of general scientific and special methods of cognition it was possible to process the specified empirical material and to receive own scientific conclusions.
Results. It is noted that there is no clear definition and common understanding of the concept of the principle of ethical conduct of public service entities in the Ukrainian legislation. It is stated that the normative consolidation of ethical norms for different categories of public service entities in Ukraine takes place mainly at the by-law level and has a sectoral nature. It is established that the terms «principle of ethical conduct» and «rules of ethical conduct» are interdependent concepts, but not identical.
Conclusion. According to the results of the research, the author’s vision is given to the concepts of «principle of ethical behavior» and «rules of ethical behavior». It is emphasized that the provisions of the Codes of Ethics or the Code of Ethics should also include requirements that would regulate the conduct of the public service entity in the off-hours. The necessity of unification of basic principles of public service in profile laws is substantiated, which should be reflected in general provisions of branch Rules and Codes of ethics together with special norms which will embody specificity of this or that public activity. |
| Women`s political rights in a society of gender equality | Author : BONDARENKO Nataliia | Abstract | Full Text | Abstract :Background. In the XX-XXI centuries politics is becoming an increasingly professional field of activity, to which more and more women are joining. Insufficient representation of the latter in state bodies gives grounds for doubts about the democracy of the state system, which determined the relevance of the study.
Analysis of recent research and publications. Various aspects of the position of woman in Ukrainian politics have been studied by T. Martseniuk, Ya. Radysh, V. Smachylo, and G. Yurovska, but today we are required to carry out a comprehensive legal analysis of the formation of a gender equality society in Ukraine.
The aim of the article is to study national legislation on the issue of gender equality in the political sphere, taking into account international standards; analysis of mechanisms for increasing the number of women in politics based on the generalization of the experience of developed democracies.
Materials and methods, that were used - dialectical, comparative analysis, systemic, formal and legal scientific methods and principles.
Results. An important aspect of the struggle of women for their political rights was that the latest constitutions of the states enshrined the principle of equality of citizens, including in the electoral process, regardless of gender, race and political views. Analysis of the political experience of social democracies has shown that the participation of women deputies in the work of parliaments and other representative institutions is extremely important and effective for society as a whole, because they focus on health care, upbringing, education, social protection of population, etc.
In Ukraine, equality between woman and man has been established de jure, but gender stereotypes regarding the distribution of roles continue to dominate society and consciousness. The most successful international practices include the creation of a parliament on the basis of gender equality through the application of: positive actions for the implementation of gender quotas; creation of state institutions to monitor the observance of equal rights for women and men; implementation of gender expertise of bills.
Conclusion. Our study has improved the thesis that in Ukraine there is an objective need to change the patriarchal type of political culture. In this regard, we have proposed measures that can increase the status of Ukrainian woman in politics: to further monitor national legislation; introduce national mechanisms to ensure the representation of women in government; create the necessary economic conditions for the implementation of women`s political activity. |
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