Legal consequences of the decision of the WTO Ministerial Conference on the TRIPS agreement | Author : Olha KORENIUK, Viktor MYKHAILOVSKYI | Abstract | Full Text | Abstract :The study provides such an assessment of the Decision of the WTO Ministerial Conference on the TRIPS Agreement of June 17, 2022 in terms of the consequences for the application and interpretation of the TRIPS Agreement, the application of its provisions in emergency situations, and the impact on overcoming the COVID-19 pandemic. In order to formulate such an assessment, a theoretical and legal analysis of the provisions of the TRIPS Agreement on the protection of rights to vaccines, pharmaceuticals, as well as an analysis of the envisaged possibilities of exemption from obligations, compulsory licensing, was carried out, the legal nature of the concept of "exemption from WTO obligations" was determined, in particular by analysing the documents of the WTO Dispute Settlement Body. The study also contains a detailed analysis of the key provisions of the WTO Ministerial Agreement Decision of June 17, 2022. It is concluded that, despite the fact that the Decision generally preserves the status quo in the legal regime of the TRIPS Agreement, it can be considered as a step towards improving the flexibility in patent protection provisions, as well as compulsory licensing mechanisms. |
| Virtual arbitration of foreign economic disputes | Author : Serhii KRAVTSOV | Abstract | Full Text | Abstract :In the system of alternative methods of resolving foreign economic disputes, forms of arbitration proceedings play a key role. The digitization of many spheres of social life, in particular the procedure for resolving disputes, prompts a large number of institutional arbitration institutions to implement virtual proceedings as an urgent need for the global business community. The main issue in this context is the relationship between "direct" and "virtual" arbitration. The purpose of the article is to highlight the results of the research of both legislative regulation and law enforcement practice of a number of countries of the world regarding "virtual" arbitration proceedings for possible implementation and further unification in the Ukrainian legal system. The methods used are: structural-logical and system-functional analysis; comparative legal. The definitive construction of "virtual arbitration proceedings" is analysed through the prism of legislative regulation of many countries of the world. Highlighting the key problematic issues of the Ukrainian legislative regulation of virtual arbitration proceedings, ways to improve this procedural institution are proposed. |
| Perspectives of conceptualizing the status of "terrorist state" in international law | Author : Andrii CHVALIUK | Abstract | Full Text | Abstract :Despite the existence of the UN Convention on Combating the Financing of Terrorism, terrorism remains a rather blurred concept, depending on the point of view. Individuals who are separatists and terrorists for some, appear as "freedom fighters" for others. In national law, a person is recognized as a terrorist by a court decision or the expressed position of a political entity, when after an explosion the official authorities recognize this event as a terrorist attack. While in international law, a terrorist receives his status after he is called a terrorist by a subject of international law. Logically, a similar approach should be applied not only to individuals and organizations, but also to individual states. The purpose of the article is to clarify the prospects for the emergence of the category "terrorist state" in international law. To achieve it, scientific methods were used: historical and legal, systemic analysis, comparison, generalization. The author established that the concept of terrorism in its "pure form" has not yet been formulated in international law. It has no official status and the term "terrorist state" is not used in UN documents, which makes it difficult to qualify some actions as international terrorism. The article highlights the key features of state terrorism: the global goal of influencing regional or world political processes; targeting of the terrorist act on citizens or the territory of another state; direct connection between the perpetrators of the terrorist act and its organizers - the country's top military and political leadership. And it was concluded that in order to establish the term "terrorist state" in international law, the term "international terrorism" should first be introduced and established, the category of these crimes should be included in the Rome Statute, thus giving the International Criminal Court the appropriate jurisdiction to consider the specified cases, and only then proceed to defining and enshrining the status of "terrorist state" in acts of international law. |
| International legal framework for the protection of global food security | Author : Tamara KORTUKOVA | Abstract | Full Text | Abstract :Ukraine is historically known as the "breadbasket of Europe and the world" due to its significant agricultural production. The issue of food insecurity in the world, caused by the russian federation as a result of the full-scale aggression against Ukraine, launched on February 24, 2022, has become a critical concern in the international stage. An environmental crisis with far-reaching repercussions for the country’s agricultural sector, together with the blocking of Ukrainian logistics lead to an increase in prices for agricultural products, as well as an increase in the risk of famine in countries dependent on Ukrainian agricultural exports. The aim of the research is to define the norms of international law regarding global food security and trade in agricultural products, which have been violated by russia in order to develop a mechanism of responsibility for these violations and compensation for the damage caused. The methods of legal analysis, historical legal and systemic analysis are applied. Analysing the repercussions of the russian federation’s actions for global food security, the article examines various relevant international legal frameworks and instruments aimed at safeguarding food security and ensuring access to sufficient, safe, and nutritious sustenance for all. By assessing the impact of the russian invasion on logistics routes, trade networks, and distribution mechanisms, this article elucidates the far-reaching implications for the timely and efficient delivery of agrarian goods to international markets. Additionally, the study highlights the role of international agreements in addressing the challenges associated with disrupted logistics in the agricultural sector. This article examines the scale of environmental damage and losses inflicted on Ukraine’s agrarian landscape and scrutinizes these impacts through the prism of international legal principles. |
| The mechanism of legal regulation of contractual relations in the conditions of martial law | Author : Volodymyr PRYMAK | Abstract | Full Text | Abstract :At the new stage of Russian armed aggression against Ukraine, the domestic legal system is undergoing large-scale changes associated with the introduction of new legal regulation mechanisms adequate to the current situation, or the adaptation of traditional legal models to existing circumstances. Corresponding legal problems have to be solved in the field of contractual relations – in regulatory and protective legal relations with different subject composition, regarding objects of civil rights that differ in their legal regime. Therefore, the purpose of the presented article is to determine the main parameters of adaptive changes in the mechanism of legal regulation of contractual relations precisely during the period of repelling Russian aggression at the stage of the introduction of martial law in Ukraine. The realization of the set goal involves the application of systemic, formal-legal methods, as well as methods of structural and functional analysis (in particular, the latter are designed to help determine the place, nature of interaction and functional potential of legal means, the totality of which forms the appropriate mechanism). The article emphasizes that, as a component of civil (private) law, contract law in the event of significant threats to the security of the state is decisively influenced by public law, primarily in relation to the limitation of the principle of freedom of contract – in the field of public and defence procurement, ensuring food security, regarding real estate objects. At the same time, any legislative amendments of this kind must be consistent with the principles of justice, reasonableness and good faith. The results of the research made it possible to come to the conclusion that in the conditions of war, all elements of the mechanism of legal regulation of contractual relations are subject to legislative adjustment. These are, among other things, special requirements for the procedure for conclusion, form and content of certain types of contracts as the basis for the emergence and direct regulator of contractual obligations; clarification of the legal status of certain groups of participants in contractual relations and legal regimes of certain types of property; determining the special limits of the application of certain ways of civil legal protection, including the extension of the statute of limitations. |
| Territorial relations in the South China Sea in the international legal doctrine of the People's Republic of China | Author : Sergiy BILOTSKY | Abstract | Full Text | Abstract :The development of international maritime law, the relevant activities of international judicial institutions, as well as their compliance with specific national legal doctrines require their legal analysis. One of the last important international court decisions in the field of maritime law was the decision of the Permanent Chamber of the Arbitration Court in The Hague in case No. 2013-19 of July 12, 2016 regarding the dispute between the Philippines and the PRC regarding the non-recognition of the so-called Chinese "nine-dash line", and the corresponding illegal construction of artificial structures. At the same time, the People's Republic of China did not recognize the decision of the Permanent Chamber, and Chinese scholars were building appropriate legal justifications for this position. The situation is similar to the Russian Federation's non-recognition of the decision of the same judicial body regarding the nationalization of the property of Ukrainian Naftogaz in Crimea and, accordingly, requires investigation. The article uses the comparative legal method, the method of legal analysis, and the historical method. For Chinese international lawyers, the problem of substantiating the territorial interests of the PRC in the waters of the South China Sea from the point of view of international law, together with the implementation of the "Maritime Silk Road" and "Polar Silk Road" initiatives, is an overriding priority of state importance. At the same time, the Permanent Chamber in The Hague rejected a number of inadequately substantiated arguments of the PRC, such as the existence of its "historical rights", historical waters, the legality of the "nine-dash line", the right to unilaterally issue permits for the construction of artificial islands, structures, geological works within disputed maritime spaces. |
| International agreement on the regulation of conflict-of-law relations | Author : Yuliia TYSHCHENKO | Abstract | Full Text | Abstract :An international agreement is a legal institution of international public law, but it is necessary to study the peculiarities of its operation and application as a source of international private law. In the field of legal regulation of private legal relations complicated by a foreign element, there is a tendency to harmonize and unify the legislation of different countries, especially at the level of the European Union and similar integration associations. The international agreement is the main instrument in these unification processes. The purpose of the article is to clarify the specifics of the operation and application of an international agreement as a form of international private law, as well as to establish the consequences of withdrawing from multilateral international agreements for relations, which are the subject of this sphere. General scientific and special methods, such as: system-functional, deduction method, analysis, comparative-legal method, were chosen as the methodological basis of the research. The legal norms of international acts and domestic legislation, scientific works and judicial practice became the information base. It has been established that the definition of an international agreement is presented in international legal acts, which are based on the norms of domestic legislation, as well as scientific doctrine. The issue of the place of international agreements, which do not require the ratification of the Verkhovna Rada, in the hierarchy of normative legal acts according to the criterion of legal force, as well as the problem of the effect of such international agreements in case of reference to them by the norms of domestic laws, has been considered. The consequences of the suspension of action and the withdrawal of Ukraine from a number of international agreements that regulated private legal relations, complicated by a foreign element, are analyzed and ways to eliminate the legal gaps associated with such withdrawal are proposed. The correlation of legal norms presented in bilateral and multilateral international agreements on the same issues has been established. A proposal for the adoption of a legislative act has been proposed, which would determine the legal force of normative legal acts. |
| The resale right: approximation to the EU acquis | Author : Liubov MAIDANYK | Abstract | Full Text | Abstract :Changes to the resale right in Ukrainian copyright in connection with the approximation to EU law determine the relevance of this topic. The purpose of the resale right is to provide the author of the original work of art and his or her heirs with the opportunity to benefit from the economic success of such a work. However, due to changes in the Ukrainian legislation and the development of modern technologies a number of problematic issues appear. The aim of the article is to analyse the latest legislative changes in connection with the approximation to EU law and the practice of applying the resale right in the framework of NFT. The methods applied are: structural-logical and system-functional analysis; abstraction and generalization; analogies and comparison; recommendatory. The legislation of Ukraine on the resale right and the state of implementation of the provisions of the Directive on the resale right have been analysed. The practice of concluding smart contracts on NFTs for the possible application of the resale right is explored. It is proposed to exclude from Ukrainian legislation the original manuscripts of literary and musical works from the list of objects to which the resale right is applied. It is concluded that the obligation to pay remuneration for the resale right arises in relation to any agreement for the purchase and sale of the original work between individuals which will be carried out through public online platforms. The application of the principle of reciprocity with regard to the resale right, provided for in Part 2 of Article 14 of the Berne Convention, precludes the obligation to pay remuneration if the party to the resale of the painting through the online platform is a person whose country of origin legislation does not provide for the resale right. It has been analysed that one of the functions of a smart contract is that the share of resale is automatically paid to the author of the work whenever NFTs are resold. It is concluded that such a provision is of a contractual nature, and therefore, despite the similarity of such a mechanism with the construction of the resale right, the latter cannot be applied to NFTs. |
| Civil protection of the population under martial law | Author : Mykola VESELOV, Anastasiya ZABYEDILINA | Abstract | Full Text | Abstract :Rocket attacks on civilian objects by the enemy pose a significant threat to the population of Ukraine. The aim of this article is to determine the current state of civil protection of the population in the country and its individual regions (on the example of Kryvorizhzhia), substantiating the scientific and theoretical foundations and developing some organizational and legal recommendations for its urgent improvement in wartime conditions. The analysis of existing risks and threats allows us to make an assumption that one of such measures may be the spread of the practice of installing quick-build protective structures of civil protection within the boundaries of ground public transport stops and other places of significant crowding. By testing this hypothesis, using a combination of general scientific and special methods, it was established that the state of provision of certain territories of our country (in particular, Kryvorizhzhia) with civil protection structures, based on existing needs, is not satisfactory, which negatively affects the strategically important component of national state security - the state of civil protection of the population. The conducted research made it possible to substantiate the feasibility of further spreading the practice of installing quickly constructed protective structures (modular type) in places of constant crowding of people, mainly within the limits of ground public transport stops (especially in large cities) in order to protect the population. In addition, it was found out that during the development of the list of places to equip them with protective structures, it is necessary to take into account a number of criteria, in particular: the characteristics of passenger traffic at individual stops, the number of routes and units of route vehicles that pass through these stops, the absence of other protective structures nearby (dual purpose objects); the relative proximity of the location of objects that are of strategic importance and may be of interest to the enemy (as a military target? for destruction), etc. To increase the effectiveness of these structures during their active use: first, it is their clear identification by citizens even in an unfamiliar area among other permanent and temporary architectural structures; secondly, the availability of information about the locations of civil defence facilities in the settlement; thirdly, proper maintenance of these buildings and their use for their primary purpose, etc. |
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