The legal force of the acts of the Constitutional Court of Azerbaijan | Author : Garadzhaiev D. | Abstract | Full Text | Abstract :The normative nature of the decisions of the Constitutional Court of the Republic of Azerbaijan was studied. Concrete proposals on making amendments and additions tothe Law of the Republic of Azerbaijan «On the Constitutional Court» have been formulated with regard to the legal force of the acts of this body, based on the vagueness of the wording contained in the national legislation of the country. |
| Guarantees of the right of citizens to freedom of association in political parties | Author : Osaulenko S. | Abstract | Full Text | Abstract :Background. The urgency of the research topic is that at the present stage of social development in the first place – the European integration aspirations of Ukraine, and secondly, the activation of the development of public and public life in a democratic direction contributes to raising the attention to the creation and functioning of political parties. Particularly political parties are intensifying on the eve of elections, and regular elections in Ukraine are no exception. At the same time, the majority of modern studies of the constitutional right of citizens to freedom of association in political parties are quite logical, taking into account the above-mentioned, around the object of this subjective right – political parties. And the guarantees of the implementation of the constitutional right of citizens to freedom of association in political parties in the legal literature are almost not paid attention. Thus, the problem of guarantees of the constitutional law under consideration becomes significant.
Analysis of recent researches and publications. The monographic study of V. V. Chernichko (thesis for obtaining a scientific degree of the candidate of legal sciences on the topic «Constitutional right to unite in political parties in Ukraine and EU countries: comparative legal analysis» (Uzhhorod, 2016) and A. M. Moiseyev «Constitutional right of citizens to unite in political parties and the judicial practice of its protection» (Moscow, 2008) are devoted to the certain attention to guarantees of the constitutional right of citizens to freedom of association in political parties. However, when writing the article, much of the works of those scholars who investigated the guarantees of human rights as a whole became much more useful.
The aim of the article is to propose definitions of the concepts of «guarantee of the constitutional right to freedom of association in political parties», «special guarantees of the constitutional right to freedom of association in political parties», as well as the classification of guarantees, depending on the content and type, taking into account peculiarities, inherent in the guarantees is the constitutional right to freedom of association in political parties.
Materials and methods. The author uses the works of the Ukrainian scientists, that have researched the guarantees of the human rights, mostly specialists in the constitutional law and in the theory of state and law. The main methods for the study are: systemic, that allows to see guarantees as a system, and comparative, that allows to create the own definition based on the existing proposals.
Results. According to the results of the study, the definitions of «guarantees of the constitutional right to freedom of association in political parties» (system of conditions, means and methods of realization, protection and protection of this right) are formulated. One more definition, proposed based on the results of the research, is for the term «special guarantees of the constitutional right to freedom of association in political parties» (system of legal conditions, means and methods of realization, protection and protection of this right).
Conclusion. Depending on the content and type of guarantees, it is proposed to highlight: a) general guarantees of the constitutional right to freedom of association in political parties; b) special (legal, legal) guarantees of the constitutional right to freedom of association in political parties. It is proved that in the general guarantees of the constitutional right to freedom of association in political parties it is necessary to single out only political and socio-economic guarantees; spiritual and/or cultural safeguards in the context of studying the constitutional right to freedom of association in political parties almost coincide with political guarantees. |
| Impact of resolutions of the UN General Assembly on international legal regulation of trade relations | Author : Derunets N. | Abstract | Full Text | Abstract :The role and place of resolutions of the UN General Assembly in the system of sources of international law that regulate trade relations and are applied in the practice of the functioning of trade missions is examined. A classification of resolutions is proposed in accordance with the subject of their legal regulation. |
| The principle of «de minimis non curat praetor» in International Law | Author : Deshko L. | Abstract | Full Text | Abstract :The new condition, introduced by the European Court of Human Rights, is considered, according to which the Court uses the principle of «de minimis non curat praetor». The content of the criteria for assessing the availability or absence of significant harm, inflicted on individuals and legal entities, who apply to the European Court of Human Rights, has been examined. |
| The human right to obtain mutual benefits from cooperation | Author : Mikichurova O. | Abstract | Full Text | Abstract :Background. Human rights, enshrined in national and international law, are imperative norms and provide certain guarantees of decent living standards for every person. The problem of poverty, the imbalance in the development of the countries in the world, are those socio-economic factors that increase conflict and tensions in international relations and are, in our opinion, the consequences of violations of human rights on mutual and equitable benefits from cooperation.
Analysis of recent researches and publications. Domestic scholars including P. M. Rabinovich, I. V. Vlalko and their foreign colleagues among whom it is worth mentioning George A. Berman for a long time engaged in the study of human rights. However, scientists did not pay enough attention to the study of human rights for the mutual benefit of cooperation, so we will try to fill this gap.
The aim of the article is to study the place and role of human rights in obtaining a mutual and equitable benefit from cooperation in the system of human rights, recorded at the national and international levels.
Materials and methods. The article uses general scientific methods (analysis and synthesis, systemic-structural, modeling, abstraction, formal-logical, historical), as well as special methods used in jurisprudence (methods of interpretation of the norms of law, legal-dogmatic, comparative legal) and others.
Results. The article was definedthe place and role of human rights in obtaining a mutual and equitable benefit from cooperation in the system of human rights, recorded at the national and international levels. The principle of mutual benefit fixed in many international treaties, inparticular, but it is dispositive norm. There is not such norm of mutual benefit in the Constitution of Ukraine.
Conclusion. The right of mutual benefits must be included to the human rights of the second generation and separately identified among others to become an imperative norm of international law. In addition, the rules on «fair remuneration for work» and «the right of a citizen of Ukraine to obtain mutual and equitable benefit from cooperation»should become mandatory constituents of the Constitution of Ukraine, namely Articles 43 and 42, respectively. |
| Dispute settlement with the participation of a judge in the civil process | Author : Korotka N. | Abstract | Full Text | Abstract :Background. The new edition of the Civil Procedural Code of Ukraine, which came into force on January 15, 2017 (Section III, Chapter 4, Articles 201–205), instituted the «dispute Settlement with the Participation of a Judge» and initiated questions about its application directly in the civil process of Ukraine.
The urgency of the study is dictated by the need for a thorough scientific study of the peculiarities of the mechanism of application of the Institute «dispute settlement with the participation of a judge».
Analysis of recent research and publications. The urgent issues of reforming the civil process are the subject of research by such domestic scholars as O. V. Hetmantsev, O. O. Grabovska, Yu. D. Prytyka, S. Ya. Fursa, and others.
The Institute for «dispute settlement with the participation of a Judge» is a new one for the civil process in Ukraine, so the subject chosen by scientists is not yet fully explored, which determines the urgency of this work.
The aim of the article is to study the procedure for settling a dispute with the participation of a judge and to analyze the peculiarities of its application in the civil process of Ukraine.
Materials and methods. The article uses general scientific and special-scientific methods of cognition. At the heart of the study – the dialectical method, according to which solved problems are considered in the unity of their social content and legal form. The system-structural method is the basis of the study of the place of the Institute «dispute settlement with the participation of a judge» in the system of civil procedural law of Ukraine. The formal-logical method was used in the clarification of the mechanism of the implementation of the same institute.
Results. In the civil process during the settlement of a dispute with the participation of a judge, an intermediary is a judge – a citizen of Ukraine, who, in accordance with the Constitution of Ukraine and the Law of Ukraine «On the Judiciary and Status of Judges», is appointed by the judge, holds a full-time judicial position in one of the courts of the country, and conducts justice in a professional basis.
However, there are still unresolved issues regarding the timing and procedure for termination of a dispute settlement with the participation of a judge. As of today, there are no explanations regarding the order of the meetings, the processing of their results. The outcome of such meetings should eventually be fixed, since, firstly, just the meetings in the process of the dispute settlement with the participation of a judge may be several, and secondly, for the purpose of the effective implementation of this institution, it is necessary to record the sequence of actions and results of the discussions, to which the parties reached in the process of the peaceful settlement of the dispute.
Conclusion. Dispute Settlement with the participation of a judge may take place after the person has been resorted to a court and the opening of proceedings. The advantages of its introduction include the saving of procedural time for the court and the parties in the case, the absence of emotional exhaustion and stress for the parties in the case and the court, saving of funds for payment of court fees, fixing of the conducting term and the order of the procedure termination in the CPC of Ukraine. However, along with the advantages of implementing the institution «Settlement of a dispute with the participation of a judge» in the process of its application, there are certain disadvantages regarding the requirements to a judge, the peaceful settlement of a dispute, the order of holding meetings in the process of the procedural registration of its results. |
| Legal aspects of provision de minimis state aid to subjects of entrepreneurship | Author : Volokytin D. | Abstract | Full Text | Abstract :Background. The article raises the problem of providing de minimis aidand monitoring it, which is much widespread within the framework of the national systemof state aid. At the same time, in Ukraine, there is currently no clear legal regulation of theprovision of de minimis aid and an ineffective mechanism for its ex-post control is in place, which hasa discretionary character for state aid providers in terms of accounting for deminimis aid.
Analysis of recent research and publications. The solution of this problem is takenby such scholars as: O. Bakalinskaya, O. Lillemaye, T. Nekrasova, S. Onischenko and others.
The aim of the article is to study the aspects of the provision and control of de minimis state aid in order to create the theoretical basis for solving current problems in the field of state aid.
Materials and methods. When writing a scientific article, a collection of general scientific and special methods of scientific knowledge is used: abstraction, deduction, analysis, synthesis, logical-legal, sociological, etc. The acts of the current legislation, scientific-legal publications, etc. form the empirical basis of labor.
Results. The analysis of the current Law of Ukraine «On State Aid to undertakings» as well as secondary legislation in this area, testifies to the lack of regulatory regulation in providing de minimis aid, as well as the non-compliance of its monitoring mechanism with the EU acquis.
Conclusion. The ways of solving this problem are proposed, which should ensurea unified approach to legal regulation and effective control over the provision of de minimis aid. |
| Legal nature of the cryptocurrency | Author : Chaplian S. | Abstract | Full Text | Abstract :Background. Cryptocurrency is a newly object, which caused a discussion about its’ legal qualification and location in the system of civil rights objects. Today, there is no single approach among scientists to solve this problem.
The analysis of recent researches and publications. The unresolved issue of this issue has led to a lot of research, but at the present time there is no reason to speak about the availability of a consistent approach to this issue.
The aim of the article is to study the legal nature of cryptocurrency as objects of civil rights.
Materials and methods. The methodological basis of the research was, first of all, analysis and synthesis, induction and deduction, in combination with special legal research methods (formal-legal, comparative-legal, method of interpretation of law, etc.).
Results. Proceeding from the features of cryptocurrency as a very specific object of civil rights, it can be stated that the qualification of cryptocurrency as intangible assets is quite reasonable.
Conclusion. The article raises issues of the legal nature of cryptocurrency and its’ place in the system of civil rights objects. To date, this issue remains controversial in view of the lack of a single approach among the researchers as to which groups of civil rights cryptocurrency are belonging. The mentioned problem remains one of the most important topics of scientific publications, both in Ukraine and abroad, among which we distinguish works V. Školnij, U. Melikov, G. Cirpha. |
| The concept of «service»: in International and National Law | Author : Tyshchenko Yu. | Abstract | Full Text | Abstract :Background. There are some problems of legal regulation of services. This is the ambiguity of the definition of the category «service».
Analysis of recent research and publications. The works of Golina A. V., Dzera A. V., Drozdova N. V., Kuznetsova N. S., Luts V. V., Mikhaylov S. V., Telestakova A. A., Shchodra A. Yu., Fedorchenko N. V., Sharkova G. Yu., and others are devoted to the problems of the definition of the concept of «service».
The aim of the article is the analysisof the provisions of national and international legal acts, doctrinal works on the definition of «service» and the formulation ofthe author’s definition of this concept.
Materials and methods. Methodological basisisa number of methods: dialectical, system-functional, comparative-legal, method of generalization.
Results. The service is subject to legal regulation of nationaland international legislation.The General Agreement on Trade in Services 1994 lacks the definition of «service».The annexes to the GATS contain legal regulation of tradein certain types of services. «Service» in the understanding of the Code of Liberalization of Current Invisible Operations, 1961, does not have an abstract general character. The national legislation contains more than 250 normative legalacts, which contain the term «service». However, the definition of this concept is notunambiguous, and some regulatory legal acts do not contain the definition of «services». The definition of «service» was implemented in the domestic doctrine. It is necessary to separate the definitions of «services» in legal science from the economic category of «service».
Conclusion. A service should be understood as an action, a job, an operation, the result of an economic activity, a set of activities, etc., regarding the provision to the recipient of a service of a certain good for him, which he can consume both when receiving the service (transport services, medical care), and use its results in the future (consulting, information services, etc.). And such good has signs of intangible assets (information, results of intellectual activity). |
| The systems of local self-government: doctrinal approaches to the definition of the concept | Author : Shchebetun I. | Abstract | Full Text | Abstract :Background. Attempts to reform the system of local self-government have repeatedly been made in Ukraine, and the one that exists today broadens the list of subjects included in it, does not deny the forms of direct democracy at the local level. This is important for understanding the system of local self-government, trends and dynamics of its development for the future, since the problem of defining the concept and essence of the system of local self-government is controversial in legal science. There are practically no relevant scientific developments regarding the functioning of the people’s power at the regional level in Ukraine, which emphasizes the relevance of the study.
Analysis of recent research and publications. The question of the existence and development of the system of local self-government has both theoretical and practical character, and in the legal literature repeated attempts have been made to solve this problem, as evidenced by the studies of both Ukrainian and foreign scholars.
Despite the significance of the achievements of these scholars, the question of clarifying the concept and content of the system of local self-government is still insufficiently researched.
The aim of the article is to clarify the concept and definition of the essence of the institution «system of local self-government».
Materials and methods. The basis of the methodology of scientific research is the integrated approach to the analysis of the concept of «system of local self-government». Through the use of the formal legal method, the concept and content of the institution «system of local self-government» are established. In the process of research it was also used structural and functional and a number of other general scientific and special scientific methods.
Results. Based on the analysis of theoretical developments and normative regulation, taking into account the signs and factors (models of the implementation of local authorities in the regions, subjects and forms of local self-government, administrative-territorial division of the country, etc.), the concept of a system of local self-government is proposed and its essence is specified.
Conclusion. The term «system of local self-government»should be used only to indicate the organizational and legal mechanism for the implementation of local self-government within a separate self-governing administrative-territorial unit (villages, towns, cities), territorial communities of which act as independent entities of local self-government. |
| Information Law: the Challenges of the Hybrid Warfare | Author : Gurzhiy T. | Abstract | Full Text | Abstract :Background. An important role in informational confrontation to hybrid aggression is given to information law, which is intended to guarantee freedom of thought and ensure reliable protection of society and state from multidimensional information threats. In modern conditions, when the main vector of foreign-political struggle has finally shiftedto the sphere of information, information law became a necessary tool for ensuring national security, including ensuring by the wayof establishing information restrictions. At the same time, it remains the basic indicator of the level of democracy, which forces to consider its development through the prism ofcoordination of national interests and civil liberties. Against this backdrop, national security and the idea of the rule of law in the regulation of information relations become particularly acute.
Analysis of recent researches and publications. The issues of information law have been highlighted in the scientific works of many modern lawyers due to its extreme urgency. It has to be noted that most of the modern research on information law issues are carried out in the context of a stable (peaceful) foreign policy situation that is not typical for modern Ukraine.
The aim of the article is to outline trends, patterns and prospects of national information law development in the context of hybrid warfare.
Materials and methods. The set goal has resulted in the comprehensive use of general scientific and special legal methods of cognition, which allowed covering the key aspects of information law as a component of the information security system and the tool for the provision of information rights and freedoms. The laws of Ukraine, the decrees of the President of Ukraine, the works of domestic and foreign scientists were the information basis of the study.
Results. The article is devoted to the consideration of the current state and prospects of national information law development in the context of hybrid warfare, which causes the rapid emergence and change of the entire layersof public relations associated with the country’s participation in information confrontation, the organization of security measures, the introduction of sanction regimes. The range of information threats of the hybrid war is outlined; their influence on the sphere of national security is analyzed. A set of measures aimed at improving the quality of legal information security is proposed.
Conclusion. The most effective preparation and realization of such measures is possible only within the framework of the state strategy, which would clearly define the priorities of the state information policy, outline the range of its subjects, and coordinate its activities at all organizational and territorial levels. Proceeding from the dualistic nature of information law, as an instrument of information restrictions and guarantees of information rights and freedoms, it is argued that the concept of its development in terms of hybrid warfare should include a mandatory search of a balance between the interests of national security and the ideas of the rule of law. |
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