THE PRINCIPLE OF JUSTICE IN LAW ENFORCEMENT | Author : KOSTYUK Nataliya | Abstract | Full Text | Abstract :Background. In connection with the construction of a democratic constitutional state in Ukraine there is a need for a definition of the principles of law application. Subjects of application of the law should act only under and in accordance with the legislation of Ukraine, guided by the principles of the application of the law. The scope of these activities should be clearly defined by normative and legal acts, with the purpose of streamlining of public relations; it is directed by the state, so it is possible to speak about a special form of governance of society.
The purpose of this article is to study the principles of application of the law in general and the analysis of the social and legal aspect of the principle of fairness in their system.
Materials and methods. The information base of research is the Constitution of Ukraine, scientific works of domestic scientists. The study used general scientific and special legal methods: systemic – to determine the principles of application of the law as a complex, dynamic, functional system, that includes the different components with their specific tasks and functions, which interact with each other for achievement of this objective, comparative legal method – to identify common and distinctive principles of application of the law.
Analysis of recent researches and publications. The works of many contemporary Ukrainian scientists are devoted to the study of the special principles of application of the law and refer the rule of law, legality, validity, expediency, efficiency and humanism to the basic special principles of law application. But the problem of applying the principle of justice in human rights activities has not received sufficient popularity among the domestic scientists, so there is a need for their research.
The results of the study. Principles of application of the law are general principles, which are mandatory requirements, performing the function of general and normative guidelines. They are the integral system of governing legal principles, which affect various aspects of the application of the law as the unity of substantive and procedural principles. A comparative description of the principles of justice, rule of law, legality, validity, appropriateness, efficiency, humanism in the system of application of the law was offered. The opinion on the nature of the principle of justice as a system was grounded.
Conclusion. Principles of application of the law are the holistic system of general guidelines, which serve as general and normative guidelines and act as obligatory requirementsfor application of the law. The principle of justice is ethical and legal phenomenon, the value of which is manifested in the process of application of legal norms, achieving the optimum balance between general human, including legal values corresponding to the level of economic, political, social and cultural development of society and provide a successful solution of both immediate and long-term objectives of normative regulation. |
| LEGAL REGULATION OF HEALTH INSURANCE IN THE LATE NINETEENTH CENTURY | Author : TEROVANESOV Arsen | Abstract | Full Text | Abstract :Background. The research of legal establishment of health insurance in the Ukrainian lands in the late nineteenth century taking into account the development of social legislation of European countries due to the need to use historical and legal experience in the modern conditions of reformation of the health care sector.
Analysis of recent research and publications. Domestic and foreign scientists have studied the problems of legislation formation on health insurance in the context of economic development of Ukrainian lands, peculiarities of functioning of insurance companies.
Theaim of the article is the study of the origin of health insurance system in the context of development of social legislation in Ukrainian lands in the late nineteenth century under the influence of Western Europe.
Materials and methods. The source base for the research is archival documents and scientific works of scientists, normative-legal acts of the authorities of the countries which included the Ukrainian lands in XIX century. The methodological basis consists of the methods: historicism, dialectical and comparative analysis.
The results of the study. It is determined that the development of social legislation in the leading European countries had a positive impact on the development of health insurance in the Ukrainian lands. The Austro-Hungarian Empire, which included Bukovina, Galicia and Transcarpathia, built a better system of insurance than the Russian Empire. It is proved that social insurance, including medical assistance on Ukrainian lands, was sufficiently developed, as included the application of foreign experience.
Conclusion. The characteristic features of influence of foreign countries on the development of medical insurance in Ukraine in the XIX century were revealed. They include: the introduction of health insurance; distributing of insurance on railway workers and employees of mining companies; creating of mutual funds, which conducted the collection of insurance premiums; guarantee the rights of the insured in the event of an accident; providing control over the activities of employees. |
| LEGAL FORMS OF INTERNATIONAL ECONOMIC LAW | Author : TYSHCHENKO Yuliya | Abstract | Full Text | Abstract :Background. International economic relations (IER) are governed by the system of international rules, which are enshrined in various legal forms (sources) of law. The study of the external forms of expression of these norms is a necessary condition for the effective solution of IER.
Analysis of recent researches and publications. Many domestic scholars focused the attention to the problems of forms (sources) of international law and international economic law.
The aim is to investigate the system of legal forms (sources) of international economic law and to analyze its hierarchical structure.
Results. The most common form of regulation of international economic relations is an international treaty, which contains provisions for regulation of economic issues. All international treaties, concluded between subjects of international law, the rules of which are aimed at resolving of international economic relations and are the sources of international economic law. The next source of international law is international custom, as evidence of a general practice recognized as legal norm. General principles of law recognized by civilized nations are a source of international economic law. They are fixed in the norms of international treaties and international legal customs. Most of the resolutions of international organizations can be considered as a recommendation, that is, the sources of so-called "soft law". However, the current treaty and traditional legal rules are specified and concretized in the decisions of international economic organizations. They are recognized as special sources. The decisions of international courts and the writings of reputable and qualified lawyers on public law affect the formation of international legal norms and are recognized as subsidiary sources of international economic law.
Conclusion. The system of forms of international economic law consists of basic and special legal sources of the law. In addition, this system should also include supplementary sources. |
| SELF-REGULATION OF ECONOMIC ACTIVITY IN THE PRACTICE OF INTERNATIONAL ORGANIZATIONS | Author : GONCHARENKO Olena | Abstract | Full Text | Abstract :Background. Ukraine continues the search for its model of self-regulation of economic activities, including standard of collating of self-regulatory organizations. At the same time there is possibility to form their own model, taking into account certain developments and standards of international organizations and institutions.
Analysis of recent researches and publications. We studied various aspects of the means of self-regulation, their features and problems of legal regulation, practice and application models in different countries.
The purpose of this article is to clarify the legal position of international organizations regarding the self-regulation of economic activity.
Materials and methods. The general scientific and special methods of research of legal phenomena, including dialectical, formal logical, comparative legal and generalization were applied. Information base of the study was the Recommendation of the United Nations, Declaration of the Council of Europe, Recommendation of the Council of Europe, European Union Directives and the scientific works of Ukrainian scientists.
The results of the study. Self-regulation is recognized as a powerful tool to ensure confidence in e-business. States members of the United Nations are encouraged to promote and facilitate the development of national and international schemes aimed at ensuring the recognition of self-regulatory instruments. The usefulness of self-regulation also applies to combat various types of crimes. Important instructions regarding the self-regulation are included in the Interagency agreement 2003/C 321/01 of the European Parliament, the Council of the European Union on the improvement of lawmaking in 2003.
Conclusion. At the global and regional levels in the activities of international organizations and institutions it is quite naturally take into account the importance and usefulness of self-regulation of economic activity, to study the practice of self-regulation, which are based on trust between stakeholders and open dialogue with interested organizations, institutions; adequate monitoring and responsibility of subjects of self-regulation. On a global scale the search for effective models (scheme) of self-regulation continues, which would become the model for all countries in the world. |
| HARMONIZATION OF CIVIL AND CIVIL PROCEDURAL LAW | Author : NESKORODZHENA Larysa | Abstract | Full Text | Abstract :Background. Analysis of judicial practice in Ukraine proves that in practice, the courts hear same cases differently. Hereat the categories of cases are also different and relate to different aspects of life: property rights, division of joint ownership, contractual relationships and so on. Since the signing of the Association Agreement between Ukraine and the EU, many scholars have turned their attention to the problems of harmonization of Ukrainian legislation to the EU legislation. The experience of the implementation of legal regulation in the EU is one of the important directions of improvement of legislation.
The aim of the article is the study of General theoretical questions of harmonizationof civil law and civil procedural law of Ukraine.
Materials and methods. There were used general scientific (dialectical) and special methods of knowledge of legal phenomena: analysis and synthesis, systematic approach, the interpretation of norms, formal-logical, systemic-functional, comparative-legal and generalization. The main provisions and conclusions of the study are based on the analysis of CC and CPC of Ukraine, legal acts, domestic and foreign scientific literature.
Results. It is determined that the necessary harmonization of civil and civil procedural law is considered from the point of view of brining to the unity of international law and domestic legislation of the country. It should be noted that the essence of harmonization is harmonization, elimination of contradictions, conflicts, negotiation of content, form and (or) functional or some provisions of the law or laws. In order to develop strategy of development of Ukraine as a legal state, the practical implementation of the principles of the rule of law and ensure everyone with the right to a fair trial of cases by an independent and impartial court, it was adopted a number of important normative legal acts, which determined the direction of harmonization of civil and civil procedure legislation, namely the Association Agreement, the Coalition agreement and the Strategy of sustainable development "Ukraine – 2020". It was asked to agree the civil and civil procedure legislation with regard to mandatory directives and regulations of the European Parliament and of the Council adopted under the civil and civil procedural law.
Conclusion. Harmonization of civil and civil procedural legislation of Ukraine must meet the challenges to ensure fair trial of cases under the Convention on the protection of human rights and fundamental freedoms. This process should be clearly defined social relations, legal regulation of which is carried by civil and civil procedural law and contain legal conflict. An important way to achieve harmonization of civil and civil procedural law is the consideration of the Directive and the Regulations of the European Parliament and of the Council of the EU adopted in civil and civil procedural law by creating a legal framework that would establish and guarantee the compulsory consideration of public opinion in decision-making by public authorities and bodies of local self-government of power decisions. Upon further research of the topic of harmonization of civil and civil procedural law should be taken into consideration the provisions of the Plan of legislative support of reforms in Ukraine, which is a description of the specific guidelines for the implementation of the reforms and identifying the means of its implementation. |
| PRELIMINARY AGREEMENT AND PROTOCOL OF INTENTIONS IN ENTREPRENEURIALACTIVITY | Author : REGURETSKA Oleksandra | Abstract | Full Text | Abstract :Background. Proper implementation of business activity by a business entity requires a number of diverse legal conditions and contributory factors which provide it, and the combination of these conditions and factors enables the business entity to realize the principles of entrepreneurial activities, which were enshrined in the commercial code of Ukraine. In civil law and economic legislation that lay the Foundation for implementation of business activities by its members, there are still many controversial issues, particularly those that relate to the procedure of conclusion and execution of the various contracts. One of such treaties, the conclusion of which is fairly common in civil and commercial turnover, which raises many questions in practice, is the preliminary contract. A significant amount of litigations indicates the number of gaps in existing legislation, and determines the need and actuality of the study of legal issues in respect of preliminary contracts.
Analysis of recent research. Significant research on contracts is carried out by Ukrainian scientists O. A. Belianevych, V. E. Belianevych, O. V. Dzera, V. S. Shcherbina, N. S. Kuznetsova, I. V. Spasybo-Fateieva, etc.
Materials and methods. The norms of the Civil and Commercial codes of Ukraine, the achievements of well-known scientists in the field of civil and commercial law are used in the article. The formal-logical and formal legal methods are applied in the formulation of legal definitions associated with the concept and conclusion of the preliminary agreement and the Protocol of intentions.
The purpose of this article is to study the issues related to the concept and content of the preliminary agreement and the Protocol of intentions, the legal issues that arise at their conclusion.
The results of the study. The concept and characteristic signs of the preliminary agreement, the form of a preliminary treaty, the conditions that need to be coordinated are investigated; the legal issues associated with the non-conclusion of the main contract by the parties are reviewed. The legal content of the protocol of intentions is researched, the comparison of the legal structure of the preliminary agreement and the Protocol of intentions is made and the relevant legal conclusions are provided.
Conclusion. In the relations of the parties on the conclusion and execution of the preliminary contract of precision the following aspects can be provided: the securing of direct reference in article 635 of Civil code of Ukraine and article 182 of the commercial code of Ukraine the rules on that if the main contract is in writing and requires notarization, the preliminary agreement should also be notarized; the establishment of a longer period for conclusion of the basic agreement in article 182 of the commercial code of Ukraine that gives greater freedom to the parties in determining the relationship, securing the separate article in the Civil and commercial code on the status and the legal consequences of conclusion the protocol of intentions, a more detailed and reasonable regulation of this issue. |
| LEGAL REGULATION OF CONCLUSION OF ELECTRONIC ECONOMIC CONTRACTS | Author : KUCHAKOVSKA Nataliya | Abstract | Full Text | Abstract :Background. Analysis Mandatory of the conclusion of economic agreement in writing is established by the current legislation. With the adoption of the Law of Ukraine "On electronic commerce" in 2015 the need to study the problems of using of electronic form of the contract arose before the scientists that will significantly simplify the procedure of their conclusion for economic entities. So far the issue of conclusion of electronic economic contracts and adjustment of the legislative norms on electronic and written forms of contract is relevant.
The analysis of recent researches and publications. The research of many domestic scientists is devoted to the study of issue of forms of contract; however, the main attention is paid to the issues of the application of the written form of the contract. At the same time, the development of modern information technology and the Internet network enables business entities to conclude electronic contracts. Currently, there is a need to study the order of their conclusion in Ukraine and abroad, including the signing of the contract with the help of electronic digital signature.
Theaim of the article is the study of the issues of law regulation of the conclusion of electronic economic contracts and definition of the directions of its further improvement.
Materials and methods. In the work the set of general scientific methods of knowledge and special methods of legal science is used, the totality of which allowed giving the evaluation to legal regulation of the conclusion of electronic economic contracts, reveal existing disadvantages of such regulation and formulate scientific and legal offers of its elimination.
The results of the research. At present, in the legislation there is no definition of the concept of the form of the contract, there is no common understanding in the scientific literature too. The author of the article conducted the analysis of the law of Ukraine on the conclusion of economic contracts in the electronic form, the problems of legal regulation of their conclusion using electronic signatures were considered and the ways of their solution were suggested.
Conclusion. The concept of contract form can be defined as a way of reflection of the mutual will expression of the parties of contract to its content on the appropriate media. Despite the fact that the legislation of Ukraine set the rule of conclusion of economic contracts in writing, the adoption of the Laws of Ukraine "On electronic commerce", "On electronic documents and electronic document flow" and "On electronic digital signature" was a prerequisite for implementation in the economic activity of electronic contracts.
Law of Ukraine "On electronic commerce" defined a procedure of their conclusion and ways of signing: with the use of electronic signature, electronic digital signature and electronic signature by disposable identifier, however, the procedure for signing wasn’t defined. |
| LEGAL REGULATION OF ACTIVITIES OF STATE AUDIT SERVICE OF UKRAINE | Author : PANKEVYCH Vasyl, SIDAK Serhiy | Abstract | Full Text | Abstract :Background. Reforms in the sphere of state financial control and budget relations in Ukraine should become a priority element in the prevention of offences and the enforcement of the state financial control to the modern requirements, through the optimization and improvement of functions of the State audit service (SASU).
Analysis of recent researches and publications. Ukrainian scientists made a significant contribution to the theoretical development of problems of legal regulation of activities of specially authorized state body in the sphere of state financial control. However, the issue of providing consultation during the control of budgetary relations by public authorities is almost worked out in domestic scientific literature.
The purpose of this article is to study certain problematic aspects of legal regulation of activities of specially authorized state body in the sphere of state financial control – SASU and making the results of a study of proposals to improve the existing financial legislation governing its activities.
Materials and methods. Such normative legal acts as the Budget Code of Ukraine, Laws of Ukraine "On main principles of state financial control in Ukraine"and "On Public procurement", decrees of the President of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, statistical information on the activities of SFI in Vinnytsia region in the course of 2015 and the domestic and foreign scholars became the information base for the study. In the study there were used such methods of research: dialectical, formal logical (analysis, synthesis, deduction and analogy), empirical (description and comparison) and statistical.
The results of the study. Detection of violations of the budgetary legislation is implemented in Ukraine through the use of various methods of state financial control. The legal status of the State auditing service of Ukraine stipulates the implementation of this policy for targeted, efficient use and preservation of public financial resources, fixed and other assets. An important privilege of service in its work of a preventive nature remains an opportunity to provide public authorities and others controlled institutions with the proposals required to consider and recommendations on elimination of reasons and conditions that may lead to the Commission of violations and the occurrence of faults in the operation. One of the important ways of reduction of budgetary offences and increase the level of legal awareness of subjects of such relations may be the introduction of budget consultation.
Conclusion. Legal provision and principles of the SASU activities in the field of counteracting budget offences require substantial improvement towards increasing the role of preventive activities, which can be an introduction to the budgetary legislation of the Institute of budget consultations. |
| APPEAL TO THE PUBLIC ADMINISTRATION | Author : KAMENSKAYA Nina | Abstract | Full Text | Abstract :Background. In modern conditions of democratization of state and society in Ukraine, the subject of regulation of administrative law covers public relations of not only state power, but also public-service direction. Therefore, the study of problems related to the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration, is currently relevant.
Analysis of recent researches and publications. At the beginning of the XXI century the situation in this sphere is changing in the direction of increasing attention of scientists to the accumulation of theoretical knowledge about the legal field through a synthesis of the empirical material. Administrative legal relations of the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration, legal assessment in movement is currently not investigated, therefore the importance of this issue is relevant.
The purpose of the article is the study of functional legal point of view of administrative-legal relations of the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration.
Materials and methods. The methodological basis of research is the system of methods of scientific cognition as a general scientific (dialectic, formal logical, analysis and synthesis, modeling) and special (historical, legal, functional and legal, etc.).
The results of the study. The comprehensive analysis of the interrelation of legal and administrative relations with the corresponding administrative-legal norms and legal factsis conducted in the article within the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration from a functional point of view.
The attention is focused on the fact that the origin of the respective administrative-legal relations from the corresponding administrative-legal norms is a convincing evidence of the following: functioning of the first in the investigated mechanism directly depends on the actions of the last, where such links are the logical continuation at the level of practical work of this mechanism.
It is pointed out that the boundaries of the hypothetical development of administrative-legal relations in the plane of this mechanism determine the offsetting administrative-legal norms, and launch them into action through indicated public relations, legal facts. The assertion is substantiated that the juridical consequences that cause specific legal facts in reality regarding with the administrative-legal relations of the reviewed mechanism are the defining determinant of the further functioning of the latter.
Conclusion. From the dynamic point of view, between the characterized legal phenomena in the framework of the mechanism of administrative-legal regulation of the realization of the right to appeal to the public administration is viewed the following cause-functional line of communications: administrative-legal norms – legally significant social situation – the juridical fact (appeal to the public administration) – administrative-legal relations. Each of the components of this chain is a prerequisite for the legal interaction between these elements. It’s proposed a number of other actual theoretical generalizations on the issues of the under reviewed problematic. |
|
|