Ukraine’s cooperation with the EU in the field of preventing and countering corruption | Author : Anatolii MAZARAKI, Tetiana MELNYK | Abstract | Full Text | Abstract :Introduction. In the context of victory in the war with russia and the subsequent economic recovery and development of Ukraine, the issue of overcoming corruption in the country becomes extremely important.
Problem. As the practice of war shows, corruption has a negative impact on the condition of the state’s defense capabilities, as it primarily prevents the effective and rational use of available financial resources to support the Ukrainian military.
The aim of the article is to describe Ukraine’s cooperation with the EU in the field of preventing and countering corruption, in particular the directions of EU support for anti-corruption activities, joint anti-corruption programs and the state of implementation of the European experience of anti-corruption policy in Ukraine.
Methods. Methods of structural-logical and system-functional analysis; methods of abstraction and generalization; analogies and comparisons; recommendatory method are applied.
Results. The areas of EU support in the field of anti-corruption, the development and implementation of joint programs in this field have been analyzed. EU programs and projects in the field of anti-corruption activities are systematized with an analysis of their effectiveness. The state of implementation of provisions, principles and standards of international legislation in the field of anti-corruption in Ukraine has been studied.
Conclusions. The study of the implementation of the European experience of anti-corruption policy in Ukraine will contribute to the achievement of significant progress in the prevention and counteraction of corruption in the process of post-war recovery and reconstruction of Ukraine. As a result of the analysis of the cooperation and experience of European countries, measures are proposed, the implementation of which will lead to a more effective fight against corruption and accelerate the further movement of Ukraine in the direction of membership in the European Union, the North Atlantic Alliance (NATO) and the Organization for Economic Cooperation and Development (OECD). |
| Organizational and legal mechanism for ensuring EU migration security | Author : Tamara KORTUKOVA, Andrii BLAHODARNYI | Abstract | Full Text | Abstract :Introduction. Modern security threats are becoming more and more widespread in the world, intensifying within the borders of the European Union. Migration is increasingly viewed through the prism of security in a particular country or even in the entire region, such as, for instance, European Union.
Problem. Ukraine’s European integration aspirations make it necessary to study the common immigration policy of the European Union through the prism of the organizational and legal mechanism for ensuring security in this area.
The aim of the study is to define the common immigration policy of the European Union through the prism of the organizational and legal mechanism for ensuring security in this area, as well as formulating proposals for its improvement.
Methods. The methods of legal analysis, historical, and systemic analysis are applied.
Results. The creation of the Schengen area with a common external border and no internal borders necessitated the adoption of EU supranational legislation, in particular to guarantee the security of this area. Since the Tampere Program in 1999, all five-year development plans have emphasized the security dimensions of migration. The Frontex agency was created to fulfill the goals of the EU’s common immigration policy and to strengthen the protection of the EU’s external border. The introduction of data collection systems contributes to the identification of persons and early warning and prevention of threats.
Conclusions. In order to strategically reduce the risks associated with migration, it is important to strengthen the protection of the external border of the EU, intensify the control of the influx of citizens of third countries, and ensure an adequate integration policy. In particular, it is necessary to improve tools for data collection and processing, develop and implement new technologies for detecting illegal migrants, ensuring security at external and internal borders; improve integration policy. Only a comprehensive approach to improving the organizational and legal mechanism for ensuring migration security will help to cope with modern challenges and threats that may cause migration flows to the EU. |
| Restoration of law and order and justice in the de-occupied territories | Author : Mykola VESELOV | Abstract | Full Text | Abstract :Introduction. Public order and internal security are a prerequisite for the rule of law, judicial protection of citizens’ rights, public administration and, accordingly, the reconstruction of liberated (de-occupied) territories.
Problem. One of the primary tasks of the state after the de-occupation of Ukrainian regions is the restoration of the law enforcement system in these territories.
The aim of the article is to determine the principles, stages and content of the restoration of the law enforcement and judicial system in the post-conflict (de-occupied) territories of Ukraine.
Methods. Analytical reviews, scientific publications and monitoring of information about events in Ukraine in online publications and mass media became the empirical basis of the research. Thanks to the combination of general scientific and special methods of cognition, it was possible to process the specified empirical material and obtain our own scientific conclusions, which are correlated with the purpose and tasks of the article.
Results. Restoring the functioning of the law enforcement and judicial system in the de-occupied territories of Ukraine is a necessary but long-term process. It should be carried out on the basis of certain principles, in particular, taking into account international experience and phasing. It was established that the restoration of the law enforcement and judicial systems in the de-occupied territories of Ukraine takes place according to its own scenario without the participation of the international police mission, in accordance with the unified national structure of these bodies.
Conclusions. The restoration process is proposed to be divided into three stages, which, depending on specific regions, will include two options: 1) stabilization, constructive and adaptive (for territories occupied by the aggressor’s troops after 02/24/2022 and liberated by the Armed Forces of Ukraine as a result of the counteroffensive; 2) stabilization, reconstructive and adaptive (for the territories of Donbass and Crimea, occupied since 2014). Each of the above stages has its own tasks, resources and implementation features. |
| Liability for infringement of intellectual property rights | Author : Yuliya PUSTOVIT, Olha KORENYUK | Abstract | Full Text | Abstract :Introduction. The institution of administrative responsibility for the violation of rights to intellectual property objects is particularly relevant in modern society: it is imperative to comply with the legislation to ensure fair competition in business activities, stimulate intellectual creativity and create conditions for the development of the economy of Ukraine.
Problem. On the example of a specific court case, legislative gaps were identified, which lead to situations when the subject of entrepreneurial activity has to defend his intellectual property rights himself, and the violator is not even brought to administrative responsibility.
The aim. The research is aimed at determining the problems of administrative responsibility for the violation of rights to intellectual property objects in modern conditions and identifying their features.
Methods. General scientific and special methods of cognition are applied: historical, abstract-logical and comparison; analysis and synthesis, analogy, system approach; theoretical generalization and formulation of conclusions.
Results. Judges often make mistakes in determining the object of illegal actions, which leads to incorrect decisions, in particular with regard to the confiscation of things that are not illegally manufactured and are not equipment or materials for the illegal manufacture of products.
The Resolution of the Supreme Court is analysed, which is an example of the fact that a business entity must, through the court, terminate the violation of its rights to intellectual property, which arose as a result of the adoption of an individual act by the subject of authority.
Conclusions. One of the problems of administrative proceedings in cases related to the violation of rights to intellectual property objects is the failure to bring the subjects of authority to justice: in the case under consideration, such a subject adopted an illegal individual act on the registration of a trademark, with which he violated the intellectual property rights of another business entity. The question of bringing to justice those responsible for what has become the subject of a legal dispute remains open. |
| Organizational and legal provision of information security of enterprises | Author : Natalia BONDARENKO, Olena SYTNICHENKO | Abstract | Full Text | Abstract :Introduction. Within the framework of European integration, the effectiveness of the work of national enterprises depends on the information security, and ultimately the degree of protection of the public interests of the country, the informational rights of people and citizens.
Problem. In the conditions of military and informational aggression against Ukraine, it is important to ensure organizational and legal information security of enterprises, which includes the analysis of the legislative framework in this area, as well as the study of personnel who may become a source of information leakage.
The aim of the article is to assess the legal regulation of information security of enterprises from the point of view of their organizational component and to determine the threats of information leakage that may be created by the enterprise personnel in connection with access to confidential, secret and official information.
Methods. A number of philosophical, general scientific, special scientific principles and methods are used: dialectical, comparative analysis, systemic, analysis and synthesis, formal and legal.
Results. Normative and legal regulation of information security in Ukraine is ensured by the Constitution of Ukraine, a number of laws and other normative and legal documents.
In order to eliminate dangers and threats to the company’s activity, it is necessary to analyse the external and internal environment of its activity and eliminate factors of a destructive nature. In this context, it is important to control the access of employees to work with documents and materials that contain information with limited access. Corporate ethics is also an important tool.
Conclusions. Ukraine managed to achieve certain successes in terms of normative and legal regulation of information security, although a number of shortcomings remained.
The use of modern personnel technologies allows enterprises to ensure information security. Employees who are guilty of disclosing information that is a commercial secret, in accordance with Part 6 of Art. 36 of the Civil Code of Ukraine bear responsibility established by law – disciplinary, material, civil, administrative or criminal. An important element of information security of enterprises is control, which is entrusted to its security service. |
| Legal aspects of using NFT tokens | Author : Hanna ILCHENKO | Abstract | Full Text | Abstract :Introduction. Digitization processes, which have covered all areas of the economy and public administration, give impetus to the emergence of new digital tools that can be used by both individuals and entrepreneurs. One such example is non-fungible tokens or NFT.
Problem. The use of virtual assets is a common practice both on a global scale and within Ukraine. However, the lack of state regulation in this area prevents the development of the virtual assets market in Ukraine precisely in the legal field, which results in a lack of significant tax revenues.
The aim of the article is to determine the features of NFT tokens, as a separate type of virtual assets, and to identify the gaps in the legislation of Ukraine regarding the legal regulation of their creation and use.
Methods. The general scientific and special legal methods of cognition became the methodological basis of the conducted research.
Results. Various approaches to understanding and formulating the concept of «NFT-token» are considered from the point of view of representatives of state regulators and practicing lawyers. The process of creating and placing NFTs on the OpenSea platform is described. The problems that need to be solved for the implementation of the Law of Ukraine «On Virtual Assets» have been analyzed, including: the taxation regime of transactions with virtual assets and virtual assets themselves, as well as the peculiarities of financial monitoring of transactions with virtual assets.
It is noted that Ukraine’s obtaining the status of a candidate for EU in 2022 imposes additional obligations on the harmonization of Ukrainian legislation with European legislation.
Conclusions. The adoption of the Law of Ukraine «On Virtual Assets» by the Verkhovna Rada of Ukraine on February 17, 2022 did not solve the problem of legalization of activities with virtual assets, as the law never came into force. Taking into account all the events that have happened in Ukraine since February 24, 2022, there is currently a need to develop a new draft law taking into account the norms adopted by the EU Council of the MiCA Regulation. |
| Liability of officials of business associations | Author : Petro PALCHUK | Abstract | Full Text | Abstract :Introduction. The organizational and legal form of a limited liability company (LLC) makes it possible to form a flexible and effective system of corporate management, to ensure and control the receipt of income and the exercise of the will of the members of the LLC by officials.
Problem. The determination of the legal status of the executive body members of the limited liability company (LLC) as well as their responsibility for their management of the company remains insufficiently researched from the point of view of the participation of companies in civil and other relations and requires the study of the sectoral affiliation of the responsibility of executive body members.
The aim of the article is to determine, based on the analysis of Ukrainian legislation and the practice of its application, the legal nature of the executive body members’ liability in limited liability company (LLC); as well as the conditions under which they may be held liable for mismanagement.
Methods. The philosophical (dialectical), general scientific (analysis and synthesis, systemic-structural, modeling, abstraction, formal-logical) methods as well as special methods of cognition used in jurisprudence (methods of interpretation of legal norms, legal-dogmatic, comparative-legal), etc. are applied.
Results. It’s substantiated that the executive body members, when performing the duties assigned to them, should act in the interests of the limited liability company members, the company itself and its creditors. In case of provisions of the legislation and the statute violation as well as in case of improper performance of their official duties, the members of the executive body bear corporate responsibility, which has a civil law nature.
Conclusions. If the actions of the executive body members contain a civil offense, they must bear civil liability. The culpability of the relevant official action (action or inaction) and other conditions of certain type legal responsibility must be proven, in particular, the cause-and-effect relationship between the illegal behavior of the responsible person and the existing losses of the company. |
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