Інститут пробації в Україні: відповідність нормам міжнародного законодавства

The purpose of the article consists in the analysis of the norms of national and international legislation for the elimination of the discrepancies in the legal understanding of the definitions in the field of alternative energy, that is definition and scientific and theoretical substantiation of the notions «alternative sources of energy», «non-conventional sources of energy» and «renewable sources of energy», which will serve for the elimination of terminological discrepancies in national legislation, and will become a basis for uniform practical use of the latter in the field of alternative energy. Urgency of the research is conditioned by the reorientation of world energy sector in the direction of the substitution of conventional fuel sources for those alternative. Since global warming and increasing of the level of anthropogenic emissions as a result of human activity is one of the biggest ecological problems of the universe, international community, together with ecologists and climatologists of all the world are involved in the development and implementation of highly efficient international strategies, which are directed at the decrease of harmful impact of anthropogenic emissions on surrounding natural environment and human health. In order to prevent the climate change and to mitigate global warming the scientists of the entire world proposed a wide range of variants for the mitigation of climate changes of Earth. Among which the key place belongs to alternative and renewable energy sources, which have been identified as the main strategically successful directions of reducing anthropogenic emissions into the natural environment. Today, we can see a trend towards a reorientation of the global energy sector to more environmentally friendly, alternative and renewable energy sources and a departure from traditional fossil energy resources. At the same time, unambiguous interpretation and understanding of the conceptual and terminological apparatus is an important condition for the development and practical use of knowledge. Therefore, it is important to delineate the clear boundaries of the technologies included in the concepts of alternative and renewable sources of energy, as there are differences in the use of these concepts, both in national legislation and between national and international legislation. The article analyzes and systematizes the knowledge as to the categorial instrument in the field of alternative energy and proposes the definition of renewable and alternative energy sources in accordance with the rules of construction of conceptual and terminological apparatus taking into account international experience in this field. The proposed wording of these concepts serves to eliminate terminological inaccuracies in national legislation, and will address the gaps between national and international legislation in the field of application of the categorial instrument in the field of alternative energy.

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

During the period of full-scale invasion, when open proceedings under Part 2 of Article 1111 of the Criminal Code of Ukraine are becoming more and more numerous, it is necessary to ensure the right to a fair trial (taking into account the norms of international humanitarian law and international human rights law) in criminal proceedings for the commission of crimes against the foundations of national security of Ukraine, which is the relevance of this study. The purpose of this scientific work is to conduct a detailed analysis of national and international legislation, their correlation, and the identification of conflicts and gaps. To achieve the goal of the study, the following methods were used: the method of analysis, which consisted in studying the current legislation of Ukraine, international humanitarian law and relevant judicial practice; the empirical method, which was used to collect and analyze statistical data on the application of Part 2 of Article 1111 of the Criminal Code of Ukraine in judicial practice, including surveys of specialists in the field of criminal justice, as well as the population that found themselves in temporarily occupied territories; comparative legal method of Ukrainian legislation and international humanitarian law. The results of the study revealed the issues of the correlation of national and international legislation. It was established that there is a gap in national law and issues in judicial practice. A survey of people from temporarily occupied territories was conducted, which helped to create public opinion on collaborative activities and legal awareness of the population. The survey of experts showed that in practice, national legislation does not clearly distinguish between the concepts of “cooperation with the enemy under duress” and “voluntary cooperation” (in the context of collaborative activities), as well as the presence of a conflict between the norms of national and international law (in the context of collaborative activities). It was revealed that due to the lack of a full interpretation of the norms and consistent judicial practice, similar cases are classified under different articles of the Criminal Code of Ukraine, which leads to violations of human rights, as well as to appeals to the European Court of Human Rights in the future.

Sanığın haklarını güvence altına alan en önemli haklardan birisi de adil yargılanma hakkıdır. Ulusal ve uluslararası mevzuata bakıldığında adil yargılanma hakkının birçok alt hak ve ilkeyi de içerisinde barındırdığı görülecektir. Avrupa İnsan Hakları Sözleşmesi ve Ceza Muhakemesi Kanunu’nda açıkça düzenlenmemişse de, bu haklardan birisi sanığın duruşmada hazır bulunma hakkıdır. Bununla birlikte gelişen teknoloji ve modernleşme sonucunda Sesli ve Görüntülü Bilişim Sistemi (SEGBİS) uygulamamıza girmiştir. Faydaları olduğu gibi sakıncalarının da olduğu belirtilen SEGBİS uygulaması ile yargılama yapılması zaman zaman eleştirilmektedir. Bu çalışmada da, sanığın duruşmada hazır bulunma hakkı ve SEGBİS sistemi arasındaki ilişki, adil yargılanma hakkı kapsamında, gerek uluslararası gerekse de ulusal mevzuat ve içtihatlar bakımından incelenmiş; doktrindeki görüşler, yargı kararları ve ulaşılan sonuçlar aktarılmaya çalışılmıştır.

Guidelines, law, and governance: disconnects in the global control of airline-associated infectious diseases

The article is devoted to a comprehensive analysis of customs rules for citizens in the context of international and national legislation. The relevance of the study is due to the need for theoretical and methodological substantiation of customs rules for citizens from the point of view of ensuring economic, social and national security, simplifying customs procedures, adapting to global integration processes and modern digital challenges. The research methodology includes an analysis of regulatory legal acts, a comparative analysis of the two-channel border crossing system, as well as a generalization of proposals for improving customs rules. The article substantiates the reasons for the introduction of customs formalities for citizens, which contribute to ensuring the legal movement of goods, protecting the domestic market, replenishing the state budget and protecting the health of the population. The content and components of customs rules are systematized in accordance with national and international legislation. The author's definition of the concept of “customs rules for citizens” as a legally established procedure for crossing the customs border by individuals, which determines the list of goods permitted or prohibited for movement, the features of their declaration, as well as the conditions for applying privileges or restrictions to ensure national security, economic stability and the protection of public interests, is argued. The essence and objectives of the two-channel system of border crossing by citizens, which combines the simplicity of customs procedures with the transparency of their implementation, are characterized. A comparative characteristic of the “green channel” and “red channel” systems is carried out, their characteristic features are determined. The transformational aspects of customs rules in the context of digitalization, integration processes and support for economic development are determined. The directions for improving customs rules proposed in the study, such as digitalization, adaptability and optimization of customs procedures, should contribute to simplifying border crossing processes, increasing the efficiency of customs control and integrating the state's customs system into the global economic space

Purpose: the article reveals the issue of development of information support for the conservation of wetlands. The international and national legislation on the development of information support for the conservation of wetlands is analyzed. Methods of research: the list of normative legal acts and international agreements in this field is determined. The methodological basis of the research comprise general scientific methods of scientific knowledge, such as integrated and interdisciplinary. Results: the main directions of the further development of information support for the conservation of wetlands are determined. It is concluded that the formation and further implementation of the development of information provision for the conservation of wetlands is a complex and urgent task. Discussion: problems of national and international legislation and implementation of norms of foreign legislation to the norms of domestic legislation in the field of development of information provision for the conservation of wetlands. It is concluded that the formation and further implementation of the development of information provision for the conservation of wetlands is a complex and urgent task. The legal status of wetlands in Ukraine today is not sufficiently researched. The regulation of relations regarding the protection, use, ownership of wetlands is regulated according to the category of territory they are located. For many centuries, the socio-negative environmental assessment of wetlands has been formed, which has led to the massive destruction of mires. Swamps were considered evil, ruined places where life can not exist. This led to massive mosquito destruction. Later, a number of studies were conducted to study marshes in terms of their biodiversity. On February 2, 1971, in Ramsar (Iran), the Ramsar Convention or the Convention on Wetlands of International Importance, mainly as a Waterfowl Habitat, which is an international agreement. The purpose of the Convention was to preserve the existing wetlands, mainly as habitats for rare species of animals. Ukraine is a Contracting Party to the Convention. If we look at the root causes of the destruction of unique cells - then, it should be noted the leveling of the role of wetlands for the environment and human life because of the lack of environmental information, environmental education. Unfortunately, this situation persists today, especially in the countries of the former Soviet Union.

The article focuses on international shipping governed by regulatory sources of a dual nature. This circumstance is due to the fact that international shipping is regulated both by international legal sources, for example, conventions, international treaties and customs, and by domestic legislation and judicial practice of the countries participating in international transportation. The research findings have indicated that, unfortunately, in practice there are often cases when the norms of national or international law have loopholes. Thus, a number of provisions of the International Shipping Rules do not coincide with the Russian Charter of Water Transport. In addition, the concept of “bill of lading” is often used in international law and is absent in Russian legislation. Therefore, the author proposes to eliminate the existing loopholes causing either high costs or litigation by finalizing national and international legislation. In this regard, the author considers specific examples and makes appropriate proposals aimed to close the identified loopholes in international and national legislation in order to minimize the costs and losses of the parties to the international transport agreement, and to reduce the number of controversies. Such urgent problems as the problem of piracy and the problem of pollution of the seas and oceans by ships also arise in freight forwarding business. The author proposes to toughen measures of responsibility for maritime piracy and for pollution of the seas and oceans by ships at the legislative level.

Chapter 15 - Regulations and legislations on processed cheese

Purpose: the article reveals the issue of developing an electronic access system for information on emissions into the air. The international and national legislation on access to information on emissions into the air is analyzed. Methods of research: the list of normative legal acts and international dossiers in this field is determined. The methodological basis of the research comprise general scientific methods of scientific knowledge, such as integrated and interdisciplinary. Results: the main directions of further development of the updated system of accounting and control of emissions are determined, in particular, on the Internet resources. It is concluded that the formation and further implementation of a comprehensive state policy in the field of climate change, harmonized with international law, is a complex and urgent task. It is necessary to establish a clear accounting of emissions for all forms of pollutants. Discussion: problems of national and international legislation and implementation of norms of foreign legislation to the norms of domestic legislation in the field of development of the electronic system for access to information on emissions into the air.

B a c k g r o u n d . In labour law, the labour discipline has always played a central role. This category, which is defined as a certain procedure for behaviour of persons in the course of work activity, played an important part both in the period of the formation of the labour law and in modern conditions, assisting in the effective implementation of employment relationships. The purpose of this study is to clarify the peculiarities of legal regulation of disciplinary liability, taking into account the importance of providing employees with the opportunity to correct their behaviour in the event of application of measures aimed at ensuring labour discipline. Given the above, the paper examines the issues of applying dismissal as a measure for violation of labour discipline. M e t h o d s . In the course of preparation of the paper, the author applied dialectical, comparative legal, formal and logical as well as other methods of cognition. With the help of the dialectical method, in particular, the author identifies the specific features of legal regulation of sanctions for violation of labour discipline in Ukraine. The comparative legal method allowed for a comparative legal study of the provisions of national, foreign and international legislation which regulate the issues of disciplinary liability. The formal logical method was used to identify the shortcomings of legal regulation of disciplinary measures, in particular, the use of such a measure as dismissal. R e s u l t s . The application of the ‘reprimand–dismissal' model in Article 147 of the Labour Code of Ukraine, due to the lack of alternative sanctions, may, to some extent, strengthen the role of dismissal in ensuring labour discipline, and also creates certain risks of not taking into account all the circumstances leading to disciplinary action. This, therefore, points to the need to expand the range of existing disciplinary measures, which should in no way be perceived as an attempt to increase the number of options for punishing employees. In the context of expanding disciplinary measures, the question arises not only about the number and types of such measures, but also about the place of dismissal among them. After all, disciplinary liability itself is aimed at preserving the employment relationship by correcting the employee's behaviour, while dismissal results in termination of such a relationship. C o n c l u s i o n s . It is concluded that it is inappropriate to specify in the provisions of national labour legislation such a measure for violation of labour discipline as dismissal. This conclusion is based on the fact that the use of dismissal as a disciplinary sanction does not meet the direct purpose of labour discipline, which is to ensure the effective implementation of existing employment relationships. Accordingly, bringing an employee to disciplinary responsibility should be aimed at adjusting their further professional activities by optimising the ways of influencing behaviour without causing excessive damage to the employment relationship. The above should by no means be regarded as a restriction of the employer's right to terminate the employment contract due to a gross violation of labour duties by the employee. However, such termination of the employment contract, firstly, should not be considered as a sanction within the framework of disciplinary procedures, and secondly, it should be a last resort step of the employer when all existing measures of disciplinary influence on the offender have not led to a positive result in the form of correction of his or her behaviour.

The purpose of the article is to analyze the features and mechanism of implementation of measures provided by probation programs and to identify areas for improvement of domestic legislation governing this institution in Ukraine. To achieve this goal, the following tasks were performed in the article: problematic issues of implementation of supervisory probation measures were considered; the procedure for carrying out probation measures in respect of a limited category of persons who have been sentenced to certain types of punishment determined by criminal law; Relevant proposals and recommendations for improving the use of probation programs in Ukraine were provided. Methodology. The research used a dialectical method of scientific knowledge of socio-legal phenomena in their contradictions, development and changes, which allows to objectively assess the level of implementation of probation programs within the supervision of probation, the effectiveness of national legislation in the prevention of criminal offenses and issues during the implementation of supervisory probation, Formal-logical method, which identified elements of the legal mechanism for the prevention of criminal offenses by probation authorities. The comparative legal method was used in the analysis of current legislation and international regulations; statistical – in the analysis of empirical data and in the process of studying statistical material; formal logic (analysis and synthesis, hypothesis) – in determining the main directions of scientific work and the main problems. The theoretical basis of this publication were the works of domestic and foreign scientists on aspects of prevention of criminal offenses by probation authorities. The scientific novelty of the publication is the need for a thorough analysis of certain aspects of probation programs in the framework of supervisory probation in accordance with current national legislation in the field of prevention of criminal offenses by probation authorities, as well as proposals and recommendations for reviewing individual probation programs. Conclusions. Based on the results of the study, the need to improve existing probation programs, in particular in terms of developing methods for their implementation, is substantiated. In addition, the importance of approving recommendations for assessing the risks of reoffending by minors, establishing clear criteria and requirements for persons who can implement probation programs and be involved as curators, as well as creating separate probation programs for parolees

Organizational and economic levers to activate the cooperation of the Chinese People's Republic and Ukraine in the sphere of tourism, resorts and hotel management

PurposeThe purpose of this paper is to highlight that the lack of a specific right to a medical translator under International Law can be considered an outlier when viewed within the context of the copious legislation regarding translation in general. Given the lack of specific legislation guaranteeing the right to a medical translator under International Law, the paper further aims to highlight the resulting effects on medical providers and patients.Design/methodology/approachThe paper opted for a detailed historical legal analysis regarding the history of translation under International Law in general, as well as specific international, intranational, and regional legislation regarding the right to a translator in medical settings. The data were complemented by a thorough review of documentary analysis of existing scholarship, detailing the experiences of medical providers and patients.FindingsThe paper provides insights as to how international legislators have traditionally viewed medical translation: whether as a matter of international relations, access to care, discrimination, or as a fundamental part of the Right to Health. The paper finds that differing views on the subject have result in nations, regions, and medical providers having great discretion in deciding which patients are provided with a translator. The paper finds that such decisions are often made on a basis other than that of patient health.Research limitations/implicationsBecause the provisioning of translators in medical settings currently inevitably falls to a nation or single institution, research into which patients receive a translator and why lacks generalizability (because empirical data are not available for every region of the world). Researchers in future are encouraged to further develop the empirical evidence found in their regions with a more quantitative approach, documenting the non-provisioning of translators in their areas and categorizing the motives behind the decisions of medical providers in a given area.Practical implicationsThe paper includes implications for patients who have suffered adverse events after miscommunication (or lack of communication) with their medical providers. The paper aims to investigate in what venue may they seek legal remedy, and on what grounds. The paper also has implications for national and regional governments. Given the lack of binding International Law regarding medical translation, national and regional governments attempt to guarantee the provisioning of translators to some patients and not others. Such decisions may become political and have unintended consequences for medical providers and patients alike.Social implicationsThe paper includes implications for international legislators and national legislators. The paper also includes implications for medical providers and patients, as language barriers are becoming a more common feature in medical facilities around the world due to globalization and migration. The rate of patients suffering adverse events after not being provided with a competent medical interpreter is bound to rise.Originality/valueThis paper fulfills a need to examine medical translation in the context of other types of translation under International Law. This paper fulfills a need to study how the lack of specific International Legislation guaranteeing the right to medical translation has implications for national/regional legislators, medical providers, and patients alike. This paper fulfills a need to discuss the legal remedies available to patients who have suffered adverse medical events after not being able to communicate with their medical provider.

Background. The essential importance of labour discipline for labour law is due to the fact that not only the further efficiency of labour relations but also, in some cases, the health and safety of employees and other persons depends on its proper observance. In turn, the labour discipline concept provided for in the Labour Code of Ukraine, despite some isolated legislative amendments, has remained practically unchanged since its adoption. This can be seen quite clearly at the level of internal labour regulations and disciplinary penalties. This emphasizes the importance of researching these categories, taking into account international and foreign experience. The purpose of this paper is to clarify the peculiarities of legal regulation of internal labour regulations and disciplinary penalties and to develop ways for further improvement. Methods. In the course of preparation of the paper, the author applied dialectical, comparative legal, formal and logical, and other methods of cognition. With the help of the dialectical method, in particular, the author identifies the specific features of legal regulation of labour discipline in Ukraine. The comparative legal method allowed for a comparative legal study of the provisions of national, foreign, and international legislation which regulate the issues of labour discipline. The formal logical method was used to identify the shortcomings of legal regulation of internal labour regulations, as well as disciplinary measures applied to employees. Results. The institution of labour discipline in Ukraine is expressed both at the legislative and local levels. On the one hand, the legislation provides certain guidelines for ensuring labour discipline and limits the disciplinary power of employers. At the same time, the local level implements the balanced application of disciplinary measures, eliminates conditions contributing to the violation of labour discipline, ensures the transparency and effectiveness of incentives for employees, etc. At the same time, the legislative and local levels of ensuring labour discipline cannot be interchangeable; they function in a harmonious combination with each other. For example, such categories at the local level as internal labour regulations, as well as the types of disciplinary penalties, are regulated in the legislation. Conclusions. Current labour legislation does not pay sufficient attention to the issues of internal labour regulations. For example, the Labour Code of Ukraine does not provide clear rules that would indicate that the approval of internal labour regulations is mandatory or, on the contrary, discretionary. Due to the fact that labour discipline has a collective component, it seems appropriate to provide for mandatory approval of internal labour regulations by the employer depending on the number of persons employed. Moreover, Article 147(1) of the Labour Code of Ukraine contains only two types of penalties that do not allow for the proper application of disciplinary measures depending on the nature and severity of the offence committed and the degree of guilt of the employee. This necessitates the introduction of amendments to this rule of the Labour Code of Ukraine in order to expand the list of disciplinary penalties. This list should include warning, reprimand, censure, discharge, and dismissal.