Stimulation of electoral interest in Slovak Republic | Author : Masar D., KovachovA N., Jankurova A. | Abstract | Full Text | Abstract :The modern problems of a democratic society are considered, which create the necessity of finding tools and measures to eliminate the undesirable tendencies of reducing electoral activity in the Slovak Republic and to increase the political participation of the population. Conclusions are made on the necessity of developing democracy by introducing compulsory elections or electronic elections. |
| Antimonopolic control of information exchange between competitors | Author : Bakalinska O., Buhaienko N. | Abstract | Full Text | Abstract :The normative principles of evaluation of information exchange between rival enterprises based on the experience of the EU regarding compliance with the legislation on protection of economic competition are investigated; forms of information exchange between competitors that are compatible (incompatible) in the context of the protection of economic competition; the progressive international practice on termination of violations in the form of information exchange, which leads to distortion of economic competition is analyzed. The prospects of normative settlement of requirements in the current legislation are defined. |
| Constitutional law proceedings in Slovak Republic and Czech Republic | Author : Ondrov? Ju. | Abstract | Full Text | Abstract :The characteristics ofthe proceedings regarding the control of law at the constitutional courts of the Slovak Republic and the Czech Republic are given focusing on the proceedings and the substance of the significant differences having common features found at both constitutional courts. These features bring together the common and special in the processes of analysing the legal regulation of the legal compliance procedure made by the Constitutional Court of the Slovak Republic, and the proceedings concerning the annulment of law of other legal regulation or their individual provisions made by the Constitutional Court of the Czech Republic. |
| The legal responsibility in the law | Author : Shestopalova L. | Abstract | Full Text | Abstract :Background. The responsibility is an important feature of the society, persons and the law. The scientists in the law are disputing still about the structure of the legal liability and its place in the law.
The aim of the article is to deepen the theory of legal responsibility basedon the place and role determination of legal responsibility through its essential characteristics.
Materials and methods. The information base of research is the law of Ukraine, domestic scientific works in the law. Researches used general scientific and special legal methods: systemic, that includes different components with their specific tasks and functions, which interact with each other for achievement of this objective, comparative legal and linguistic methods and others.
Analysis of recent researches and publications. Sue, the works of some contemporary Ukrainian scientists are devoted to the study of the complex legal responsibility. But the problem of its role and essence has not received sufficient popularity among the domestic scientists, so there is a need for profound research of such concepts.
Results. The author investigated legal responsibility as an obligatory structural element and an attribute of law (legal liability), and as an integrated interdisciplinary institution of the law also, composed of two sub-institutions of law – negative legal responsibility and positive legal responsibility. The article defines the role of legal responsibility in the legal system in the broad sense, as well as its place in the structure of law. The author proves that legal responsibility is a complex, multidimensional category. The article contains a some of features of legal responsibility in the structure of the law.
Conclusion. So, legal responsibility is characterized not only by co-complexity, but also diffuseness, synergism, dialecticity, and its matrix is an indicator of the degree of humanistic development of the legal relations in a specific society. |
| The theoretical basis for self-regulation of economic activity | Author : Honcharenko O. | Abstract | Full Text | Abstract :Background. The study of issues of self-regulation of economic activity and directions for its settlement requires the study of the general theory of self-regulation asa systemic phenomenon through the prism of epistemological understanding of all its manifestations, synergy-dialectical interrelation with close, related legal phenomena.
Analysis of recent research and publications. Certain theoretical aspects of this legal phenomenon were left behind by the attention of scholars. In particular, the issue of self-regulation of economic activity asa complex system has not developed.
The aim of the article to determine the theoretical basis for self-regulation of economic activity by analyzing the content of related concepts (self-organization) and defining self-regulation asa systemic social phenomenon.
Materials and methods. In studying the proposed problem, the following methods were used: general philosophical and general scientific (dialectical, systemic, formal-logical, etc.); universal (induction, deduction); special-scientific (formal-legal, comparative law), etc. One of the main methods used was the functional study of self-regulation of economic activity through the prism of functional purpose. The information base of the research is the Constitution of Ukraine, the current laws of Ukraine, the Economic Code of Ukraine, and the scientific works of domestic scientists.
Results. In the science of economic law it is necessary to differentiate the self-regulation of economic activity asa relatively complex, homogeneous and stable in content system (group) of the rules of law with the inherent (specific) characteristics of the subject, internal structure and means, the basis of which are synergistic principles and methods (self-organization).
Extrapolating the proposed provision to the subject of this study it can be emphasized that self-regulation is one of the functions of economic activity, which helps it to adapt to changes for effective functioning, and self-organization of economic activity accordingly is the ability, the feature within which self-regulation is carried out.
Self-regulation asa function of economic activity isa kind of regulatory function. All economic entities accordingly have the potential (competence) for self-regulation. Self-regulation of economic activity is implemented at the initial stage by all economic entities, since it is difficult to imaginea business entity that does not enter into any contract, which is, accordingly, a means of self-regulation. However, not all subjects of self-regulation go to another level (secondary), creating appropriate sectoral self-regulatory organizations to protect their interests.
Conclusion. Consequently, the notion of self-regulation is polysemic. In law, it can be understood both asa function and an opportunity (property) of the whole legal system, as well as of its separate element. At the same time, self-regulation can be manifested both asa process and asa kind of legal regulation. Therefore, self-regulation of economic activity isa system education that includes interconnected structural elements that interact with other elements of the system of law in the legal field asa whole. |
| The category «victim of relationship crime» in legal science | Author : Koriagina A. | Abstract | Full Text | Abstract :Background. According to the main provisions of the Constitution of Ukraine, a person, his/her life and health, honor and dignity, personal immunity and security are recognized as the highest social values. Unfortunately, the large-scale political and economic transformations taking place in our state are accompanied by aggravation of social contradictions and contribute to the growth of confrontation, brutality and aggression in various forms of interpersonal interaction, in particular the commission of crimes against the person and his/her property, while the peasant requires to look at the person as an individual who is a participant of social relations, and, meanwhile, has its own unique individual characteristics and internal (subjective) features.
The aim of the article is to conduct a theoretical analysis of the victim of a crime, to which led the deviant relations of the victim with the criminal.
Materials and methods. The scientific and theoretical basis of the research is the works of the Ukrainian and foreign criminologists, as well as other legal scientists on mentioned topic. General and special research methods are used in correlation in order to solve research’s tasks. Constitution of Ukraine, criminal and criminal procedural legislation, as well as other laws and regulations, are the normative basis of the article
Results. The author, basing herself on the main positions in defining the concepts of the victim of the crime and the identity of the offender, proposed her own definitions of these categories with regard to «crimes of relationships». The defining feature of the victim and the offender in the «crimes of relationships»is the existence of a relationship between them that has led to the victimization of one subject and the criminalization of another.
Conclusion. The victim of the «crime of relationships»is an individual who, as a result of or in the course of his/her relationship with the criminal, has been directly, or indirectly, harmed physically, morally or materially.
The defining sign of the victim, who was harmed as a result of, or on condition of the relationships with the criminal, is the existence between them exactly those relationships that led to his/her victimization. |
| Abuse of procedural rights in the administrative process | Author : Bazylevsky? S. | Abstract | Full Text | Abstract :Background. Administrative courts recognize the existence of such phenomenon as abuse of procedural rights. This is primarily due to the absence of legal consolidation of the notion of «abuse of procedural rights» and responsibility for the indicated actions in the Code of Administrative Justice of Ukraine.
The analysis of recent researches and publications. Scholars pay not enough attention to the issue of abuse of procedural rights in administrative proceedings. Only a few works are devoted to the definition of the concept of abuse of procedural rights in administrative proceedings, its features and influence on the sphere of administration of justice in administrative affairs.
The aim of the article is comprehensive system analysis of abuse of procedural rights by participants of the administrative process.
Materials and methods. The scientific works on the problems of abuse of the law in general and procedural rights in particular by scientists from various fields of law were the theoretical basis of the article.Philosophical methods of cognition, general scientific and special legal which were used in the article are the methodological basis.
Results. The thesis regarding the understanding of the abuse of procedural law as actions that contradict the legitimate aim of procedural law that is abused by a person, as well as the purpose of administrative legal proceedings is confirmed in the judicial practice of administrative proceedings. The peculiarities of realization of the phenomenon of abuse of the law in administrative legal proceedings are researched in the article on the basis of analysis of the provisions of the updated Code of Administrative Justice of Ukraine. The author notes that in the judicial practice of administrative proceedings, the thesis regarding the understanding of abuse of procedural law as actions that contradict the legitimate aim of procedural law that is abused by a person, as well as the purpose of administrative legal proceedings, is confirmed.
Conclusion. On the basis of the practice of applying the current legislation, the following types of abuse of the law in administrative proceedings should be determined, in particular: cases of abuse of the right to apply to the court for judicial protection, which include: submission of a knowingly unreasonable claim, as well as filing a claim in the absence of a subject of a dispute or in a dispute that is obviously an artificial one, the submission of several identical claims, artificial claims, judicial simulation and barratry and institutional abuses aimed at influencing the formation of a proper court for consideration of a particular case. |
| Overcoming of the counteraction to the investigation of violent crimes among militaries | Author : Davydenko V. | Abstract | Full Text | Abstract :Background. According to Article 17 of the Constitution of Ukraine, the defence of Ukraine and protection of its sovereignty, territorial integrity and inviolability shall be entrusted to the Armed Forces of Ukraine. The issue of ensuring high combat readiness and combat capability of troops is extremely important in the context of the armed aggression of the Russian Federation against Ukraine. Legal scientists faced a complex task of solving the problems of investigating military crimes, developing forensic means of influence to overcome the counteraction to the investigation of crimes among militaries.
Analysis of recent researches and publications. Separate issues of scientific support for the investigation of military crimes became the subject of research by V. P. Bodaievskyi, V. V. Bondariev, A. H. Voievoda, V. S. Davydenko, V. V. Davydenko, S. I. Diachuk, Ye. B. Puzyrevskyi, M. M. Senko, O. S. Tkachuk, M. I. Khavroniuk, V. O. Shamryi and others. However, the above works do not give a detailed account of the issue of overcoming the counteraction to the investigation of military crimes, the causes, conditions and circumstances contributing to this form of counteraction.
The aim to examine the problems and formulate proposals for the optimal overcoming of the counteraction to the investigation of violent crimes among militaries.
Materials and methods. The research methodology rests upon a set of philosophical, general scientific and special approaches, principles and methods of cognition. In the process of work, the following methods were used: dialectical, formal-dogmatic, comparative legal methods, the method of structural and system analysis.
The provisions and conclusions of the article are based on empirical research, personal observations, practical experience of the author in the system of the military prosecutor’s offices, the examination of academic papers, analysis of legal literature and legislative acts.
Results. The increase in crime among militaries negatively affects the level of combat readiness in conditions of armed aggression against Ukraine. The military command is inclined to conceal crimes among its subordinates, to counteract their detection and investigation, to maintain a conspiracy of silence, which results in a high level of latency in military crimes. Unfavorable is the expansion of criminal subculture among military groups. The typical forms of such counteraction are also hindering the establishment of the causes and conditions that contributed to their commission.
The effective forms of the investigator’s preventive work would be both individual and general prevention, however the new Criminal Procedure Code of Ukraine does not envisage any provisions of preventive nature.
Conclusion. The increase in crime among militaries adversely affects the combat capability of troops, which is extremely important in the face of armed aggression against Ukraine by the Russian Federation. The challenge faced by scientists and practitioners is to ensure the effective work of the law enforcement agencies with regard to the investigation of military crimes, which have a high level of latency. This is not uncommon for the command to conceal crimes among the subordinates, to counteract detection and investigation thereof. The activity of the law enforcement agencies is also complicated by a number of objective and subjective factors, a criminal subculture in the military groups and a conspiracy of silence.
The counteraction to the investigation of crimes would be promoted by the application of the scientific recommendations suggested in the article, which are based on the provisions of forensic science, criminal procedure, criminal law, criminology and psychology. Important in this process would also be the preventive measures with the optimal utilization of modern information technology. |
| Information with the limited access as an object of economic relations | Author : Koreniuk O. | Abstract | Full Text | Abstract :Background. Information becomes important in the economic sphere, particularly in business, acting as an independent object of economic turnover, as well as an important prerequisite for the successful conduct of business by economic entities. In this regard, a special role is assigned to the legislative regulation and to ensure the protection of the rights of so-called «information objects» owners, including the classified information.
Analysis of recent researches and publications. Despite the fact that the category of «information with limited access»is the subject of research of many legal sciences – the theory of state and law, information law, administrative law, criminal law, civil law, etc. – the issue of assigning the specified type of information to objects of economic relations remains uninvestigated.
The aim of the article is the research of separate information with limited access as objects of economic legal relations, and peculiarities of its legal regulation.
Materials and methods. The methodological basis of the research were such general scientific and special methods as dialectical, system-functional, comparative and logical, and others. The information base for the research was the current legislation on information with restricted access and the work of domestic scientists.
Results. The information with the limited access as an object of economic and legal relations is investigated. The information that is subject to protection in the mode of restricted access in economic activities is determined. The signs of restricted access in civil and administrative law are provided. The peculiarities of economic and legal regulation of the restriction of access to information are determined.
Conclusion. Information with the limited access as an object of economic relations includes: business information of the entity, information about business entity, production secrets. The peculiarity of the economic and legal regulation of restricting access to certain information is the combination of the private and law method of regulation and the public and law method. |
| Determinants of crimes related to violations of state social standards | Author : Poharchenko T. | Abstract | Full Text | Abstract :Background. The effectiveness of economic and social policy of the country is closely linked with the standard of living of citizens.Today in Ukraine there is an accumulation of social problems and negative trends in the social sphere and it creates threats for the further development of society, which may be the cause of an increase in crime. Taking into account the above, the issues of criminological prevention of economic crimes in general and crimes related to violation of state social standards in particular remain unresolved. This makes it necessary to identify the cause or group of causes that encourage criminals and determine their actions and circumstances that create favorable conditions for the commission of such acts.
Analysis of recent research and publications. Many works of domestic and foreign scientists are devoted to the issues of determination of economic crime, which have a great theoretical and practical significance. However, the analysis of determinants of economic crimes, which are related to violation of state social standards, remains relevant.
The aim of the article is the study of crime determinants related to violation of state social standards.
Materials and methods. A set of general scientific and special-legal research methods was the methodological basis of the study.
With the help of logical and semantic method an attempt to determine general-social, special-criminological and individual measures of prevention was made.When applying the system and structural method, the factors contributing to the commission of these crimes are determined. Also, dialectical method of cognition, comparative-legal and formal-logical methods were used.
Results. The current legislation of Ukraine was analyzed and the problems that need to be resolved in criminology were considered in the article. The concept of crime determinants, state social standards and social guarantees is considered. The analysis of the works of domestic scientists in the field of economics and criminology concerning the influence of economic factors on the level of crime in Ukraine, the various approaches to the classification of determinants of economic crimes is carried out. The reasons, which encourage criminals and predetermine their actions, circumstances, which create favorable conditions for committing crimes related to violation of state social standards, are investigated.
Conclusion. Proceeding from the aforementioned provisions of the theory of economic crime determination and as a result of the analysis of scientific sources on criminology, depending on the sphere of origin and functioning, such a complex of the main determinants of crimes related to the violation of state social standards was outlined: political and ideological; social and economic; social and psychological; organizational and managerial; legal; determinants associated with the shortcomings of law enforcement. |
| Normative-legal regulation of relations in the field of digital economy | Author : Vinnyk O. | Abstract | Full Text | Abstract :Background. The rapid development of digital technologies significantly affected the relations in the economy, which acquires new features thanks to significant opportunities to exchange information and, accordingly, establish relationships between market participants: entrepreneurs, management subjects, consumers. These relationships require special regulation, which should stimulate socially useful application of such technologies and prevent abuse, and in case of unfair behavior of these relations participants – to ensure its (relations) recovery and application of measures against violators, including compensation for losses.
Analysis of recent research and publications. The works of many scholars are devoted to the research of the problems of the development of the digital economy, but they have not become sufficiently relevant due to the novelty for the domestic economy of these relations, their complexity and insufficient level of legal regulation.
The aim of this article is to create the theoretical basis for normative-legal regulation of the development of the digital economy and to determine its features.
Materials and methods. In carrying out the research, the following methods were used: abstraction, deduction, analysis, synthesis, logical-legal, sociological and others.
Results. Novelty and previously unknown dynamism, inherent for the relations DE, have caused the problems of their legal regulation, among which a considerable lag of the legal regulation of such relations from a constantly changing state. Thus, the general principles of legal regulation of this sphere have not yet been developed, and the experience of countries with a significant segment of the digital component in the economy is quite diverse: from the special law on digital economy in the United Kingdom to a significant number of legislative acts regulating certain types of digital economy relations.
Conclusion. The array of legislative acts of Ukraine, which in one way or another regulate relations in the field of the digital economy, is rapidly increasing, and, therefore, it is becoming rather problematic to orient itself there in, including the content of the relevant terms fixed in a significant number of legislative acts of varying legal force and without ensuring its (terms) unification. All this needs to be improved, first of all, in a system that involves concentrating most of them in one act – the Digital Economy Code or the Digital Economy Law, which should codify key provisions for the digital economy. |
| Legal regulation of the international electronic commerce | Author : Krehul Yu., Batrymenko Vasyl, Batrymenko Valeriy | Abstract | Full Text | Abstract :Background. In the present stage the development of economic relations the functioning of information networks determines the legislative and economic principles of society’s life. The need to prevent criminalization and unmanageability of the development of systems of international e-commerce necessitates the introduction of weighted legal measures that can promote the development of private business in this area.
The aim of the article.On the basis of the research of legislative regulation of international e-commerce in the present stage, an analysis of the theoretical foundations and main directions of formation and development of the system of international legislative support of electronic commerce in Ukraine.
Materials and methods. The methodological basis of the article forms the system of general scientific methods of cognition, scientific induction and deduction, the method of comparison, synthesis and abstraction. In addition, the article uses separate varieties of generally accepted scientific principles of research, as well as special principles of scientific and legal knowledge: creative-critical and descriptive-analytical, as well as the method of historicism.
The information basis of the article is the legal acts of international institutions, foreign and national directories, monographic and periodical literature, the legislative basis of the European Commission and the World Trade Organization.
Results. Despite the significant period of time and the number of international legislative acts aimed at regulating legal relations on the Internet, there are a number of scientific and practical issues that have not received proper legal support. In particular, economic relations deserve the greatest attention on the Internet (e-money, trade deals, and financial flows). In the present stage, there are several levels of legislative regulation of e-commerce: international, regional (within the framework of integration groups) and national. This determines the need for international legislative regulation of relationships on the Internet, the unification of existing standards and rules for e-commerce.
Conclusion. The issue of international e-commerce plays a significant role in the system of the main priorities of the leading countries of the world. It is precisely electronic commerce in the age of information society that occupies a key place in the structure of the new economy. At the expert and political levels, the activity aimed at developing e-commerce, which is a powerful lever of economic growth, is an essential platform for the transition of national economies to a qualitatively new stage of development oriented mainly on high-tech information technologies. |
| «Comparative civil law» in the legal education system | Author : Ilchenko H. | Abstract | Full Text | Abstract :Background. Given the globalization and integration processes taking place in the world, as well as the desire of Ukraine to be a full member of the world community, comparative studies of various institutes existing and operating in foreign countries, their legal regulation and practical experience are applicable. Professional training of lawyers necessarily involves the study of comparative law, as well as other comparative legal disciplines, depending on specialization. The first of which is the academic discipline «Comparative civil law».
Analysis of recent research and publications. The following researchers, such as I. S. Kanzafarova, S. I. Shimon, I. O. Zenin, V. M. Koryakin, A. Saidov, E. Kurzinsky-Singer and O. Shmagin paid attention to the issues of problems of civil and commercial law of foreign countries.
The aim to highlight and summarize existing positions in understanding «Comparative Civil Law» as a discipline, and to fill the vacuum created in the domestic legal science in the context of defining the concept and subject of «comparative civil law».
Materials and methods. Such general scientific and special research methods, as dialectic, system-functional, comparative methods are methodological basis of the study. The database was compiled by Ukrainian and foreign scholars, civil and commercial codes of different countries.
Results. To the subject of comparative civil law can be attributed: property and personal non-property relations, based on legal equality, free expression of will and property independence of their participants; personal non-property and property relations of the spouses, parents and children, adopters and adopted children, other family members and relatives, as well as norms on the conclusion and termination of marriage; trade, entrepreneurial relations, as well as property relations of the entities between which these relations arise, change, operate and cease.
This circle of relations is much wider than the circle of relations, which are included in the subject of regulation of civil law of Ukraine.
Conclusion. Despite the fact that the discipline «Comparative Civil Law» is taught in many universities, it should be noted that there is no relevant educational literature with the same name, only the availability of publications that examine and analyze specific norms or institutes of civil and commercial law of different countries.
The basis for studying students of the discipline «Comparative Civil Law» is definitely the science of civil law, as well as the jurisprudence of the application of civil law. Consequently, comparative civil law, as a discipline, is taught in higher education institutions, introduces students to the norms and institutions of civil law of different countries, and provides an opportunity to analyze the world experience of legal regulation of relations that are the subject of comparative civil law. |
| Legal analysis of settlement of a dispute involving a judge | Author : Mozhaikina ?. | Abstract | Full Text | Abstract :Background. Because of the adoption of the new civil procedural legislation of Ukraine, an urgent question arises about dive study of the legal nature of the settlement of a dispute with the participation of a judge. There is a need for a clear understanding of the main features and principles of the procedure.
Analysis of recent researches and publications. The subject of scientific research is the issue of legal regulation of mediation in Ukraine, as well as the definition of mediation models. However, there is currently no single approach to understanding the legal nature of the dispute settlement with the participation of a judge, which led to the conducting of this study.
The aim of this article is the legal characteristic of settling a dispute with the participation of a judge under the civil procedural legislation of Ukraine.
Materials and methods. In the process of research, methods of analysis and synthesis, generalization, system approach were used. The information base of the study was the current normative legal acts of Ukraine, as well as scientific works of domestic scientists.
Results. The settlement of a dispute involving a judge is a new institution of civil procedural legislation of Ukraine. However, at present there is no single opinion of scientists regarding the assignment of this institute to mediation, or vice versa – separation from it. In some scientific studies, the dispute settlement with the participation of a judge is attributed to the mediation of the judge. The opposite opinion is shared by some domestic scholars who indicate that this procedure is a certain conciliatory procedure, which is not mediation in its fullest sense. The author of the article believes that terminological inconsistency may hinder the process of practical application of this institute within the civil justice system.
Conclusion. The analysis of the current legislation of Ukraine and scientific sources allowed to determine the main features and criteria by which the settlement of a dispute with the participation of a judge can be considered as one of the types (models) of mediation. |
| Suspension of the license action for proceedings of economic activity | Author : Mykytenko L. | Abstract | Full Text | Abstract :Background. Improvement of all stages and procedures of licensing, in particular, by their unification, was one of the reasons for the adoption of the Law of Ukraine «On Licensing Types of Economic Activities» dated March 2, 2015, ? 222-VIII. However, the procedure for suspension of the license has not remained unified, since some normative acts, in contrast to the mentioned law, provide the right of the licensing authority to suspend the validity of the license, and not to cancel it.
Analysis of recent research and publications. Issues concerning the licensing of economic activities are at the center of attention of many scholars, which is due to objective factors, in particular the severity of problems that arise in the licensing of economic activity and the application of the right of the licensing authority to suspend the validity of the license. At the same time, the main body of scientific research is devoted mainly to separate legal problems of licensing of economic activity, however, with the adoption of the new wording of the Law of Ukraine «On Licensing Economic Activity», issues regarding the suspension of the license remain unexplored and not regulated by law.
The aim of the article is the research to develop and substantiate proposals for improving the legal regulation of the licensing of economic activities, namely the imposition of a sanction in the form of suspension of the license.
Materialsandmethods. The analysis of the norms of legislation on the licensing of economic activity was carried out using the formal logical method (analysis, synthesis, analogy, generalization, induction, deduction), which made it possible to detect inaccuracies, contradictions and gaps, the conflict rules that exist today in the Ukrainian legislation in the field of licensing. The method of sociological research is used to describe the ways of optimizing legislation, establishing legislative guarantees of the rights of licensees.
Results.On the basis of the analysis of current and prospective legislation of Ukraine, a comprehensive study of theoretical and practical aspects regarding the suspension of the license: the deprivation or restriction of the right to economic activity as an effective and operational measure of administrative coercion was conducted. The advantages of the decision to suspend the license from the cancellation of the license are explored.
Conclusion.The introduction of an effective means of administrative coercion for a licensee will make it impossible to carry out illegal business activities and will enable the economic entity to eliminate the violations that it has committed without termination of the licensed activity and without reissuing the license.
Therefore, it is expedient to provide in the Law of Ukraine «On Licensing Types of Economic Activities»the possibility for the licensing authority, in case of a gross violation of the licensee’s license terms, to discontinue the license by adopting a decision to suspend the license, which will be subject to immediate enforcement. To resolve this issue at the legislative level, it is necessary to supplement Art. 1 of the Law of Ukraine «On Licensing Types of Economic Activities» dated 02.03.2015 ? 222-VIII after paragraph one, a new paragraph, which provides an interpretation of the content of the words «gross violation of the licensee’s license conditions»and to supplement the law of Art. 15-1 «Termination of the license»with the content of the grounds, procedure, terms, actions of the licensee in case of suspension of the license, as well as the conditions of legitimacy of the suspension of the license. |
| Legal status of cryptocurrency | Author : Chaplian S. | Abstract | Full Text | Abstract :Background. In terms of rapid development of modern technologies, e-commerce and the emergence of such newest means of payment as cryptocurrency, there is a problem of proper legal qualification of the latter, the definition of their place in the system of calculations of participants in economic turnover, as well as the ratio of cryptocurrency with other means of payment, primarily, with traditional cash.
Analysis of recent researches and publications. This problem has led to a lot of research, but, despite the close attention of scholars, it is too early to argue for a thorough study of the nature and legal qualifications of cryptocurrency, taking into account the multichoice of approaches and the absence of a firm stand on issues that require the continuation of theoretical study.
The aim of the article isdefinition of the legal status of cryptocurrency according to the legislation of Ukraine and foreign countries.
Materials and methods. General scientific methods (dialectic, analysis and synthesis, deduction and induction, abstraction) and special methods (formal and legal, comparative and law, interpretation of the norms of law, etc.) were methodological basis of the study. The laws and subordinate acts of Ukraine and foreign countries, scientific works on the subject of the article were the information base.
Results. At the legislative level, currently there is no special legislation on emissions and circulation of cryptocurrency. The analysis of the Draft Law of Ukraine «On the Circulation of Cryptographic Goods in Ukraine» ? 7183 and the Draft Law of Ukraine «On Stimulation of the Cryptographic Market and its Derivatives in Ukraine»?7183-1 which are currently under consideration by the Verkhovna Rada of Ukraine, testifies to fundamentally different approaches to the legal qualification of cryptocurrency, however, these approaches cannot be considered successful because of the efforts, on the one hand, to regulate the circulation of cryptocurrency with the help of monetary mechanisms, and, on the other hand, to avoid their identification with cash. As shows the analysis of the characteristics of cryptocurrency, the main functions of cash are inherent to them, and the absence of recognition of cryptocurrency as money should be explained, primarily, by public interests of the state.
Conclusion. For a balance between stated interests and the legal nature of cryptocurrency in Ukraine, the institute of non-documentary electronic money surrogates, which would include cryptocurrency should be introduced. |
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