Legal nature of the World anti-doping agency (WADA) | Author : KOPCZYK R., HONCHAROVA Yu. | Abstract | Full Text | Abstract :Introduction. The task of the World Anti-Doping Agency, which is the most important organisation for combating doping in sports, is to set standards against doping, including legal standards, and to monitor them. At the same time, this is an organisation that has continually stirred up a great deal of controversy in the doctrine of international law regarding its legal nature since its inception.
Problem. There’s an obvious research gap in legal nature and specific features of WADA. This paper would address this gap based on the analysis of the specific construction of WADA, as the latter is internationally recognised as an original and unique piece of international legislation that reflects the intentions of the private and public sectors in sports.
The aim of this paper to provide a well-founded conclusion on legal nature of WADA.
Methods. Doctrinal legal research to evaluate the genesis of academic thinking on the legal nature of WADA, public and private legal entities, empirical research of international legal framework of WADA, methods of analysis to evaluate specific construction of WADA.
Results. World Anti-Doping Agency was established in response to a massive increase in doping cases in the world of sports. It is an independent international private law organisation, whose purpose is primarily to harmonise, monitor and update all legally available methods of combating doping. However, as shown at least by the structure of the Agency itself and its influence on the anti-doping policies of individual States and international organisations and sports federations, which after all represent States, it can be considered as an institution of a hybrid form.
Conclusion. Due to the special structure and role of WADA, its regulations are formally situated in the realm of private law. But at the same time they are legitimised through provisions of the rank of international law acts, which provide a legal framework for them. Thus, the norms of a public-legal nature concerning doping, anti-doping and disciplinary responsibility for doping are de facto secondary to norms of a private-legal nature. WADA itself can be considered a global model for setting standards for other entities operating in sports. |
| Access to justice: the role of mediation in war and post-war times | Author : Luiza ROMANADZE | Abstract | Full Text | Abstract :Introduction. The war in Ukraine highlighted the need to ensure effective cooperation between courts and mediators, to strengthen the role of mediation in the dispute resolution system.
Problem. The current situation in the dispute resolution system in Ukraine requires the determination of directions for closer cooperation between courts and the community of mediators in order to effectively meet the needs of Ukrainian citizens in resolving civil and economic disputes.
The aim of the article is to justify sustainable and effective forms and methods of cooperation between the judicial system and the community of mediators of Ukraine in the conditions of wartime and post-war reconstruction of Ukraine.
Methods. The research used doctrinal analysis of legal sources, empirical analysis, methods of analysis, synthesis, deduction, etc.
Results. The war-related problems of the nation’s judicial system have highlighted its long-standing problems, some of which could be resolved by mediation. However, there is still no effective cooperation between mediators and courts. At the same time, the Ukrainian community of mediators is able to mediate a large number of disputes, providing high quality services, including online. However, it actually develops separately from the judicial system, although it should be integrated into it. The limited resources of the judicial system determine the need for an active role of the courts in informing the parties to the dispute about mediation.
Conclusions. Ukrainian procedural law is sufficiently favourable for the settlement of disputes at any stage of the court process, and the mediation community is ready to assist the parties. The number of inheritance and family cases will increase due to human losses and migration. The low level of awareness about mediation leads to distrust in this method of dispute resolution, so the expected «new wave of disputes» can be effectively overcome only on the basis of timely and proper preparatory work.
Courts should actively promote mediation. The need to develop a unified communication strategy on mediation issues is obvious. Coordinated actions of the courts and the mediation community will create the necessary basis for the implementation of the legislative provisions on the obligation of pre-trial settlement of disputes in certain categories of disputes. |
| Legal regulation of mediators’ professional training in Ukraine and Slovakia | Author : Olena MOZHAIKINA | Abstract | Full Text | Abstract :Introduction. An important step for developing mediation as an effective way of resolving conflicts (disputes) was adopting the Law of Ukraine «On Mediation», on November 16, 2021. The attention was focused on the fact that successful mediation is impossible without highly qualified mediators. Therefore, it is necessary to pay special attention to the exploration of legal regulation of mediators’ professional training.
Problem. Mediation as an alternative to judicial proceedings is gaining popularity. Therefore, proper legal regulation of the professional training of mediators in our country is needed.
The aim of the article is to determine the features the legal regulation of mediators’ professional training of in Ukraine and Slovakia.
Methods. Method of analysis and synthesis are used in the research, as well as formal legal and analytical methods. Method of analysis and synthesis are used in the research, as well as formal legal and analytical methods. The legal acts of Ukraine and Slovakia, as well as domestic scientists’ research, became the research’s information base.
Results. The study determined that mediation, with its inherent principles and rules, has several indisputable advantages compared to litigation. Based on the norms of the Law of Ukraine «On Mediation», and scientific sources, it was concluded that the key role in mediation belongs to the mediator. It is noted that a flexible and branched system of professional education, which must meet the labour market requirements, is necessary to train highly qualified specialists. Problematic aspects of the legal regulation of professional training of mediators have been identified, as well as ways to eliminate them. The norms of the Law of the Slovak Republic «Coll. on Mediation and on the Amendment of Certain Acts», which regulate the professional training of mediators, were analysed, and we also identified the main positive aspects of these norms.
Conclusions. The main source of legal regulation of professional training of mediators in Ukraine is the Law of Ukraine «On Mediation». It emphasised the need to amend the Law mentioned above regarding the status of a mediator and his professional training. It was also considered the possibility of taking into account certain provisions of the Law of the Slovak Republic «Coll. on Mediation and on the Amendment of Certain Acts», to improve domestic legislation. |
| Non-property rights during martial law: European integration context | Author : Nataliia RYZHENKO | Abstract | Full Text | Abstract :Introduction. Due to the armed aggression of the Russian Federation, there is both a legitimate and an illegal restriction on the exercise of non-property rights by natural persons during the period of martial law on the territory of Ukraine.
Problem. A problem has arisen regarding the peculiarities of the realization of personal non-property rights by an individual during the period of martial law, since it is legally established that the specified rights can be limited, and there is also a threat of illegal restriction of the specified rights by the aggressor state.
The aim is to determine the possibilities of realization of personal non-property rights by natural persons during the period of martial law in cases of their legal restriction and illegal restriction by the aggressor state.
Methods. The methodological basis of the research is general scientific and special legal methods of cognition.
Results. Observance, promotion of implementation, protection of human rights is one of the main principles of the European Union. The legislation of Ukraine, in particular the civil legislation, has a common position with the countries of the European Community regarding the importance of the personal non-property rights of an individual, establishing the mechanism for their implementation and protection. Restriction of personal non-property rights of an individual, established by the Central Committee of Ukraine and other laws, is possible only in the cases provided for by them. However, non-property rights may be unlawfully limited by an aggressor state.
Conclusions. Ukraine is literally fighting for its right to exist in the civilized world. The Russian Federation grossly violates absolutely all the «rules of war», in particular those concerning the civilian population. Some of the personal non-property rights of natural persons during the martial law may be legitimately limited as a result of certain normative legal acts adopted by the authorized bodies of the state authorities of Ukraine. However, there is also an unlawful restriction and violation of the personal non-property rights of individuals by the aggressor state, in particular the rights that ensure the natural existence of a person. |
| ASEAN integration model | Author : Hennadii SHCHERBAK | Abstract | Full Text | Abstract :Introduction. Since the declaration of independence, Ukraine has not paid enough attention to the development of cooperation with the countries of South East Asia and member states of the Association of South East Asian Nations (ASEAN), which was mainly bilateral and narrowly focused, mainly with Thailand, Malaysia and Indonesia. However, at present, our state cannot neglect the strengthening of relations and cooperation with the Association, taking into account the rapid growth of the influence of ASEAN on the international arena as a result of significant achievements in the field of economic integration within the framework of the Association, economic, social and demographic indicators of the countries of the region, etc.
Problem. The complexity of the international legal nature of ASEAN and the lack of comprehensive, relevant research on the specified subject.
The aim of the article is to clarify the legal nature of ASEAN, as well as to formulate proposals for deepening Ukraine’s cooperation with ASEAN member states both at the bilateral level and cooperation with the Association as a whole.
Methods. The following scientific methods were used: methods of analysis, synthesis, comparative legal and historical method.
The results. The main provisions of the founding treaties of ASEAN, the organizational structure of the Association were analyzed. The historical development of international legal personality of ASEAN is systematized. The spheres of Ukraine’s cooperation with ASEAN as a whole and with the relevant members of the Association were analyzed.
Conclusions. ASEAN should be considered as a unique subcontinental intergovernmental organization, the purpose of which is to deepen the economic integration of the states of the region, cooperation in the social, cultural and security spheres, and in the context of ASEAN+RCEP – as a trade and economic bloc of intercontinental importance. During the last three decades, Ukraine had a rather limited level of cooperation with ASEAN member states, which was limited to bilateral cooperation in certain areas. At the moment, there is a positive shift in the development of cooperation between Ukraine and ASEAN as a whole. Prospective directions for the development of Ukraine’s cooperation with the member states of the organization, in particular, will be: attraction of investments in industry from highly developed ASEAN countries and investments in underdeveloped countries of South East Asia, increasing exports of agricultural products to the countries of this region, joining the Treaty of Friendship and cooperation in South East Asia and the conclusion of agreements on the creation of a free trade zone with ASEAN member states. |
| Principle of res judicata and prejudicialness in the consideration of cases in international commercial arbitration | Author : Yehor KOLDOV | Abstract | Full Text | Abstract :Introduction. The principle of res judicata means the finality of a court decision that has entered into force, which makes it impossible to further unreasonably revise, change or cancel of such judgment. This principle is recognized to be a principle of civil procedure, whereas the preclusive effect of court judgments, however, the effect of this principle is broader and is not limited to civil proceedings, covering also quasi-judicial methods of alternative dispute resolution, in particular arbitration.
The problem. Currently, the issue of whether arbitral awards may have a preclusive effect in subsequent proceedings in the same or other arbitration or in subsequent court proceedings involving the same persons remains controversial in the literature.
The aim of the article is to reveal the peculiarities of the preclusive effect of arbitral awards as a component of the res judicata principle subsequent proceedings between the same parties in international commercial arbitration or court.
Methods. The research methods are: dialectical, analysis and synthesis, systematic and comparative legal, comparison and analogy.
Results. Preclusive effect of awards as one of the aspects of the principle of res judicata in arbitration should be recognized as the need to take into account the preclusive effect of the facts established in the award during subsequent subsequent proceedings between the same parties in international commercial arbitration or court.
Conclusions. Giving preclusive effect to the facts established in the arbitral award in subsequent court proceedings between the same parties through legislative changes to the procedural legislation. The need to take into account the adjudicative facts established in the arbitral award in subsequent proceedings in the same or another arbitration is considered expedient to be resolved by amending the rules of international commercial arbitration or by settling this issue by the parties themselves in the arbitration clause. |
| Improvement of legislation on liability for administrative offenses | Author : Taras GURZHII, Anna GURZHII | Abstract | Full Text | Abstract :Introduction. The continuous development of political, legal and economic spheres of social and state life determines the need to improve the legal grounds of administrative responsibility as the main means of their legal protection. In light of this, there is a need to reform the legislation of Ukraine on liability for administrative offenses, which, in turn, requires the development of a reliable theoretical basis for systemic legislative changes and transformations.
Problem. The current state of legal regulation of responsibility for administrative offenses is characterized by conceptual obsolescence, eclecticism of content, defects in legal technique, the presence of numerous duplications and gaps, inconsistency with modern socio-economic conditions. These shortcomings significantly reduce the effectiveness of the application of separate administrative-delict norms and the institution of administrative responsibility as a whole.
The aim of the article is to highlight the shortcomings of the legislation of Ukraine on liability. for administrative offenses and outlining prospective directions for its improvement.
Methods. The article uses methods of abstraction, deduction, analysis, synthesis, as well as formal-logical, historical-legal and logical-legal methods of scientific research.
Results. The main provisions of the legislation of Ukraine on administrative offenses are analyzed. Its general problems, as well as shortcomings of specific administrative-delict norms, are highlighted. The need for solwing these problems in the course of reforming the domestic administrative-tort legislation was noted.
Conclusions. The main directions of the development of domestic legislation on administrative offenses are: codification of all norms on liability for administrative offenses into a single legislative act aimed at countering torts in the field of public administration; assigning procedural functions and powers exclusively to public administration bodies and courts; optimization of the system of administrative penalties and bringing them into line with modern socio-economic realities. |
| State guarantees on a portfolio basis: legal principles | Author : Olena SUDARENKO, Olena SHEVCHENKO | Abstract | Full Text | Abstract :Introduction. A new mechanism has been introduced in Ukraine, which, on the one hand, provides for the attraction of funds to the state budget of Ukraine, and on the other hand, the support of business entities – the provision of state guarantees on a portfolio basis.
Problem. There is a combination of public-law and private-law regulation in the social relations of the provision of DHPO, which requires the study and scientific rethinking of some scientific categories.
The aim of the article is to determine the place of legal relations in the sphere of state guarantee on a portfolio basis in the system of law, their characteristic features, as well as the development of proposals for improving the legislation of Ukraine in this area.
Methods. In the course of the study, dialectical, formal-logical, structural-functional formal-dogmatic methods, as well as the method of system analysis and synthesis, were used.
Results. Public debt institutions belong to such an institution of financial law as the institution of public debt. Social relations in the field of social security are characterized by the fact that: they arise on the basis of the law; the state directly participates in them; have non-equivalent and monetary nature, they are made in the sphere of financial activity of the state; the state unilaterally establishes the relevant legal relations, determines the entities that can voluntarily enter into the specified legal relations (creditor banks), whereupon the voluntariness of the specified entities ends. The signs of the PGPO are: it is targeted, targeted, non-individualized, paid, fixed-term, provided in accordance with the requirements defined by the legislation.
Conclusions. In connection with the lack of a definition of the concept of «immediately» in the budget legislation, which is used in relation to the provision of DHPO, it should be fixed at the level of the norms of the Budget Code of Ukraine. |
| Civil society in the process of European integration in the conditions of war | Author : Natalia BONDARENKO | Abstract | Full Text | Abstract :Introduction. The participation of civil society in democratic and European integration processes is important, since experience shows that this happens in parallel and depends on the efforts of all actors of both political and social systems of the state.
Problem. In the context of achieving strategic goals for Ukraine’s European and Euro-Atlantic future, it is important to realize the need for constant cooperation between the state and civil society institutions in order to lobby the interests of Ukraine, which in the face of military aggression is even more striving for the European community, to explain its goals to the leadership of the countries that have just become members of the EU, NATO, which are in a favorable position and remember the difficulties of the transition period, and to appeal to the most influential European states.
The aim of the study is to study the peculiarities of the formation of civil society in Ukraine at the present stage, as well as to determine the peculiarities of its influence on the process of European integration in the conditions of military aggression.
Methods. The methodological basis of the article is general scientific and special legal methods and principles - dialectical, formal-legal, comparative, analysis, synthesis.
Results. The development of European integration requires a number of conditions – the merging of national economies; common interests and cooperation in the main issues of international life; traditional unity – common spiritual values; availability of public support and loyalty for the implementation of the necessary socio-economic and political reforms. The European vector of development of the Ukrainian state is enshrined in the Constitution, the Law of Ukraine «On the Principles of Domestic and Foreign Policy». On February 24, 2022, Russia made a full-scale invasion of Ukraine, after which on February 28, 2022, our state applied to join the EU, and on June 23, 2022, Ukraine received the status of a candidate for EU membership. The role of civil society in this regard to solidarize Ukrainians to help each other became noticeable in the first days of the war (the activities of volunteers, human rights organizations, the resistance movement, territorial defense). So, in critical conditions of military aggression, civil society turned into a partner of the state, which can perform an important function – strengthening cooperation with donor organizations of European states.
Conclusions. The main tasks for civil society in Ukraine today are to defeat Russian aggression, consolidate democratic circles, overcome poverty, ensure the country’s economic growth, approximation and implementation of European values – to help society develop a democratic political culture based on civic responsibility, overcome conformism, corruption, intolerance towards minorities. |
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