Władza rodzicielska jako przejaw relacji rodzicielstwa łączącej matkę i ojca

2019/6 Choice of Belgian law in an employment contract extends to all provisions that regulate the mutual rights and obligations of the parties to the contract (BE) According to the Belgian Supreme Court, a choice of Belgian law for an employment relationship extends to all provisions beyond the employment contract. If parties choose to apply Belgian law to their employment relationship, this choice may extend to all provisions of Belgian law which regulate the mutual rights and obligations of the parties. This includes legislation on well-being at work and, hence, the payment of a protection indemnity following dismissal after filing a claim for harassment.

It is indicated that changes in the approaches and principles of administrative law have affected almost all parts of this branch of law. And administrative contracts in this matter are no exception. Until recently, it was believed that the contractual instrument in legal relations is inherent mainly to private law, where the parties are equal and can negotiate accordingly, and the agreements reached are recorded in contracts. The sphere of public law, where parties are equal and contracts are traditionally concluded, is the sphere of international law and interstate relations. Subordinate administrative relations did not belong to such and were not considered as the scope of possible application of contractual instruments. The article examines important issues of the essence and characteristics of administrative contracts, the requirements that are put forward to them, which are important in the process of developing scientific positions for their proper regulatory regulation. It has been established that the following can be attributed to the signs of administrative contracts: at least one of the subjects of the conclusion of the administrative contract must be a subject of authority; the administrative contract is based on the agreement of the parties; the subject of the contract is the mutual rights and obligations of its participants in the public legal sphere; an administrative contract is concluded on the basis of the law, but there is no formal requirement for the name of the administrative contract, it can be a contract, agreement, protocol, memorandum or another name. The article also substantiates that administrative contracts can be both normative and individual in terms of legal properties. The insufficiency of regulatory regulation creates difficulties in distinguishing administrative contracts from other types. However, the main feature for distinguishing administrative contracts from other types of contracts is the nature of the legal relationship, that is, the subject of the contract itself. An administrative contract is a legal act that defines the mutual rights and obligations of its participants in the administrative-legal sphere, that is, the sphere regulated by the norms of the administrative, and not by other branches of law. It was determined that in the absence of special legislation on administrative contracts, the general requirements of private law and the requirements of administrative law regarding competence, form, content and procedure are applied to them. The requirements dictated by provisions of administrative law include the following: limited competence; written form, features of the choice of the contracting party.

One of the key branches of private law is the law of contractual obligations. In addition to innominate contracts, which are most often used in practice, a category of innominate contracts and a special category was created, the category of so-called mixed contracts. In practice, innominate contracts are a tool frequently used to anchor contractual relationships in all spheres of life. The institution of innominate contracts is not a new one; it is based on the principle of dispositional autonomy, which is known to have already existed in ancient Roman law. In the Slovak Republic, there are two codes, one specifically regulating civil law and the other regulating commercial law. Civil law in the Slovak Republic is regulated in the Civil Code, which regulates the natural persons’ mutual rights and obligations. In contrast, commercial law, which is regulated separately in the Commercial Code, regulates the mutual rights and obligations of legal persons, and the rights and obligations that exist between natural persons and legal persons. This means that the institution of innominate contracts is found in the Slovak Republic not only in civil law but also in commercial law, i.e., in two legal codes, when the subjects of obligation-law relations are dependent on the use of analogy-based legal reasoning due to the absence of contractual types when regulating the rights and obligations of the various subjects of their obligations.

Problem setting . The content of any civil law agreement created by the terms and conditions determined by the parties and agreed between them, as well as the terms that are mandatory according to the regulations of the civil law . Qualifying the agreement from the legal view , the content of the agreement is always characterized as the summary of mutual rights and obligations of counterparties . That is why the problem of correlation of mutual rights and obligations between parties of civil relations interested and still excites scientists ’ great interest . Recent research and publications analysis . Such civil law scientists as M . I . Bragynskiy , S . V . Zankovskaya , O.S. Ioffe , S . N . Landkof , D . I . Meyer , G . N . Polyanskaya , V. A. Ryasencev, G . F . Shershenevych studied the balance of rights and duties of parties in the gratuitous use of property agreement (loan agreements) . Issues of loan agreement legal regulation are studied by such modern scientist as N . M . Boiko , V .О . Goncharenko , N . A . Dyachkova , E . M . Klyueva , V . M . Kossak , O . M . Solovyov . Paper objective . To analyze the scope and content of rights and duties of loaner and borrower; to disclose any peculiar features of powers of loan agreement parties tacking in account gratuitous nature of such relations; to substantiate the necessity to introduce any amendments to legislation in relation to rights and duties of the studied agreement parties. Paper main body . Peculiarities of rights and duties of loan agreement parties mainly connected to gratuitous nature of such relations. The scope and content of rights and duties of the counterparts according to the agreement depends upon its legal structure (real or consensus). At characterization of the loan agreement parties’ duties we should address as to the regulations of Chapter 60 of Ukrainian Civil Law and to the regulations governing hire (rent) relations. The Clauses of Chapter 58 of Ukrainian Civil Law shall be applied only if the opposite not determined by Chapter “Loan” and does not contradict gratuitous nature of loan relations. The main responsibility of the loaner according to the agreement is the transfer of piece of property to a user for gratuitous usage. At real transaction the loaner performs this function at the moment of agreement conclusion. At consensus model of transaction the duty of the loaner to transfer piece of property arise first of all. Conclusions . In order to improve legal regulation of certain duties of loan agreement parties we should: 1) in legal regulations to determine such terms as “ordinary costs”, “ capital repairs ” and “ minor repairs ” ; 2) we should clearly indicate which regulations of Clause 58 “Hire(rent)” can be applied to govern the loan agreement. Such improvement will allow to eliminate any disputes at allocation of rights and duties of the parties during insurance of loaned property, at repair of property and reimbursement of repair expenses.

Family law, as corpus of rights and obligations, also regulates relationships arising from marriage and not only. Marriage is one of the earliest institutions, which has served as the basis for the creation of the family and social relations. During the marital relationship, the mutual rights and obligations of the spouses towards each other and the family arise. The dissolution of the marriage ipso iure terminates these mutual rights and obligations, but on the other hand, it brings about a series of legal consequences of a personal and property nature. Dissolving a marriage is a difficult process, both emotionally, psychologically and financially, and is often accompanied by tensions between spouses and children. In these circumstances, in order to protect certain fundamental rights, the law provides for certain temporary measures that can be taken by the court during the process to guarantee these rights. This paper will analyze each of these measures, addressing their importance and necessity during the process of dissolution of marriage. Despite the fact that the law provides for these measures exhaustively in a single provision, what is noticeable is that in practice there are different positions regarding their implementation. In many cases, the courts treat them as a lawsuit in a separate process and in other cases their decision-making goes beyond what is provided for in Article 139 of the Family Code. In order to have an easier and more effective process for the parties, it is important to have a consolidated judicial practice and a uniform application of the law, based on the principle of legality. As a result, the paper will be enriched and analyzed with practical cases and will identify the problems encountered in the adjudication and implementation of interim measures, which during their implementation in practice in many cases have lost the purpose provided for in the law. Finally, the aim is to present the conclusions reached, based on the analysis and judicial practice.

Intellectual property law, despite the fact that its foundation is civil law itself and intellectual property law is formed on its principles, has its own characteristics. One of these characteristics is the understanding of intellectual property law not as a branch of law or academic discipline, but as a legal category. Understanding this, as well as what we are talking about objects of intellectual property law, allows us to distinguish this right from real rights. Why is this important? This is important for a correct understanding of the subject of contracts under which it is possible to dispose of property rights, including objects of related rights. Unfortunately, the correct understanding of the subject of agreements on the disposal of property rights, including objects of related rights, is complicated by both the uncertainty in the relevant articles of both the Civil Code of Ukraine and the relevant Law on the subject of agreements, and the unification by the category of the subject of the agreement of both the object of related rights itself and the property right to it, which determines the relevance of writing this work. When writing this work, as a problem statement for himself, the author decided to draw a clear distinction between the object of intellectual property rights, in the context of the work – the object of related rights and the property right to it, and accordingly, considering the latter through the prism of all forms of disposal of property rights to objects, including related rights, which are provided for by both the Civil Code of Ukraine and the relevant Law, became a cross-cutting task of this work. Accordingly, when conducting this study, the author used a dialectical approach, which formed the methodological basis of the study. As a result of the study, the author concluded that it is the property right itself in the case of granting a particular object for use that is the subject of a license agreement or a public license. Thus, it is property rights that are fully or partially the subject of such agreements as an agreement on the creation by order and use of an object of copyright or an object of related rights, an agreement on the transfer (alienation) of property rights to an object of copyright or an object of related rights, an employment agreement (contract) in terms of the conditions for the distribution of property rights to service objects, including related rights. In his work, the author distinguishes between property rights (property rights) and the object (objects) of related rights, analyzes each of the types of agreements on this issue defined by the legislator. After all, it is the subject of the contract that distinguishes one form of disposition from another. As for the latter form, namely an employment contract (contract), the author proposes to replace the existing form of disposition with a new contract, namely a contract on the transfer (alienation) of property rights to service objects, including related rights, while noting that the settlement of property relations to service objects of related rights is also possible through a license agreement. Indirectly, in his work, the author pays attention to the relationship between a license agreement and a license, arguing that a license, in the author’s opinion, is not a separate unilateral transaction, but is an integral part of a license agreement. A public license is also not a unilateral transaction. Unilaterality has no relation to the aforementioned forms of disposition, since we are talking about the emergence of mutual rights and obligations under the aforementioned forms. The answer to this is the question of whether the accession agreement becomes a unilateral transaction? This agreement does not become such, since mutual rights and obligations also arise for both one and the other party. And the uncertainty of the party does not mean that when a party joins a public license, it will be relieved of the need to comply with its relevant conditions. Special attention was paid to such a form of disposition as an agreement on the creation by order and the use of an object of copyright or an object of related rights, since the peculiarity of this form of disposition is that, in the author’s opinion, the very legal nature of the creation of an object, including related rights by order, should be understood more broadly. It is difficult to imagine that by placing an order for the production, for example, of a phonogram, as an object of related rights, the customer will receive only the corresponding recording on the carrier. Does this correspond to the very essence of this agreement? It is believed that no. It is also considered appropriate to exclude the word “use” from the name of this type of contract, since it contradicts, in the author’s opinion, the purpose for which the relevant contract is concluded. In addition, there are other forms of disposal for the provision of property rights to an object of related rights for use, which were just mentioned above. We add that this contract cannot be such a contract that would provide for both the provision of property rights for use and the actual transfer (alienation) of property rights (property rights). The main feature is indeed that together with the property rights (property rights) the object created to order is also transferred. Thus, the author carries out a comprehensive analysis of all forms of disposal of property rights to objects of related rights from the point of view of the correct definition of the subject with the expression of proposals for making the necessary changes to the current versions of the articles of both the Civil Code of Ukraine and the relevant Law, which constitutes the practical value of this work. Indirectly, such scientists as S. I. Shimon, A. S. Shtefan, I. Ye. Yakubivsky and others devoted their works to issues related to the topic raised in the article.

Розглянуто актуальні питання правових відносини у сфері ліцензування як об'єкта адміністративно-правової охорони. Вказано, що дослідження ліцензування через призму функцій державного управління дає можливість сформулювати поняття ліцензування як форми реалізації виконавчої влади щодо здійснення правового попереднього та поточного контролю за дотриманням ліцензійних вимог і умов, обліку ліцензованих об'єктів шляхом винесення органом, що ліцензує, адміністративно-правових актів у межах нормативно врегульованої процедури. Комплексно досліджено проблеми адміністративно-правових відносин, що виникають у галузі ліцензування. На основі аналізу наукової літератури визначено поняття адміністративно-правових відносин у галузі ліцензування, під якими слід розуміти врегульовані адміністративно-правовими нормами суспільні відносини, сторони яких є носіями взаємних прав і обов'язків, встановлених і гарантованих в адміністративно-правових нормах законодавства про ліцензування. Також описано характерні особливості адміністративно-правових відносин у галузі ліцензування. Наголошено, що до структури адміністративно-правових відносин у галузі ліцензування входять суб'єкти, об'єкти правовідносин і їх нормативний зміст. Розглянуто питання класифікації суб'єктів адміністративних правовідносин щодо ліцензування. Наведено три групи суб'єктів адміністративних правовідносин: наділені публічно-владними повноваженнями; не наділені публічно-владними повноваженнями; експерти. Акцентується увага на важливості формування системи суб'єктів адміністративного процесу у галузі ліцензування. Досвід правозастосовчої діяльності свідчить про те, що взаємодія суб'єктів ліцензійних правовідносин не забезпечує ефективного вирішення завдань за умов соціально орієнтованої економіки.

The scientific article identifies topical issues of civil partnership in the conditions of martial law in Ukraine and suggests ways to solve them. Based on the analysis of static data, the opinions of scientists, the norms of current legislation and other public information, the relevance of the given question is argued. The work focuses on the fact that in the conditions of martial law, the inequality of rights between heterosexual and LGBT+ couples is more pronounced than in peacetime. It is emphasized that during martial law, in addition to the general rights and obligations of spouses as a family under family law, one of the spouses receives the right to social protection in case of military service of the other spouse. The absence of the institution of civil partnership is defined as a form of discrimination based on sexual orientation, atypical social gender of a person, etc. Marriage, or civil partnership, or registered partnership is defined as a legal act that entails legal consequences – mutual rights and obligations. It was found that the exercise of rights by unregistered partners of military personnel takes place through the use of alternative methods. It is emphasized that the contract of civil partnership can be the basis for exercising the rights of partners, one of whom is doing military service. Based on the research of the legal framework in the field of civil partnership, it was found that the introduction of the institution of civil partnership was not the first time that it became the subject of law-making activity in Ukraine, but it has not found its implementation in a specific Law of Ukraine until now. The public position on the need to adopt the Law of Ukraine «On the Institute of Registered Partnerships» is supported, given the precedents of discrimination against the rights of military personnel and their family members, who belong to the LGBT+ community and beyond. It was concluded that the introduction of the institution of civil partnership in Ukrainian legislation is a step towards a people-centered model of statehood formation, towards the implementation of world standards of human rights compliance in Ukraine.

According to Art. 5 of the Constitution of Ukraine all power in Ukraine belong to people, which is primary, unified, inalienable and carried people through free will through elections, referendum and other forms of direct democracy, including those intended to control the activity of bodies and officials of the government and local government. Paper objective. At the local level the main supervisory entity in local government is local community. Consolidation of the Constitution of Ukraine the primary subject of local self-government territorial community not only meets current international practice, but also the historical traditions of Ukrainian people. Control territorial community in all phases of local government is one of the most important functions of managing the development of appropriate settlements, and therefore needs an effective mechanism of legal regulation, clearly define mutual rights and responsibilities of controlling and controlled entities. Recent research and publications analysis. Problems Assessment of local communities and the activities of local government officials in their works viewed Y.G. Barabash, P.M. Liubchenko, O.D. Skopych, Y.P. Strilets. However, given the variety of aspects of this area of research remain many questions that need resolving, on which depends largely on the further process of local governance. The paper main body. The existing regulation territorial communities can exercise control in local government actually only through local governments. The control of the executive bodies of village, town council municipalities can only be made through the appropriate council. The existing regulation of territorial communities can exercise control in local government actually only through local governments. The control of the executive bodies of village, town council municipalities can only be made through the appropriate council. The author emphasizes that only by implementing self-control powers local authorities acting on behalf of and in the interests of the local community. In turn, implementing control functions in the framework of the powers delegated executive bodies of village, town and city councils are in the public interest as a whole, that is defending national interests. The article introduces changes to the law, especially as regards the transfer of significant control powers of the executive bodies of village, town and city councils from delegated to self-governed. Conclusions of the research. Analysis of the supervisory powers of local communities shows that the control mechanism does not work, the reason is that mutual rights and obligations of local community are not properly secured as controlling entity and local government. The systemic nature of the monitoring of territorial communities, clear definition of its forms, procedures, procedure review and evaluation results, the mechanism of response to the facts of violations and abuses in local government will ensure its maximum effectiveness.

In modern conditions of management, the aspects of ensuring the stability of banks and the development of the banking system of Ukraine are of particular importance. During 2014-2017 in our country, 88 banks were recognized as insolvent, almost all of them – commercial. This tendency is disappointing. Most scholars assert that the turnaround of the banking system is possible only through the improvement of deposit, credit, and settlement operations. This statement is undoubtedly true, but these scholars forget about the importance of regulating the legal relationships that arise in the banking sector and establishing the interaction between the entities of such legal relationships. The purpose of the research is to determine the essence of banking legal relationships in Ukraine based on the existing scientific approaches, the current legislation of Ukraine and the practice of its implementation, as well as the specific and problematic aspects of harmonizing the interests of the entities of the relevant legal relations. For this purpose, the essence and structure of banking legal relationships are considered. It is determined that the main structural elements of these legal relationships are: 1) objects, 2) the content of banking legal relationships, 3) the basis of banking legal relationships – legal norms and legal facts, 4) entities (participants) – the direct participants in banking relationships, the bearers of mutual rights and obligations. The conclusions of the article state that Ukrainian banking legislation requires a serious revision concerning the coordination of the interests of the entities of banking legal relationships. The key task is to eliminate unnecessary and outdated normative and legal acts that could cause legal confusion or impose excessive burdens on entities of banking legal relationships. In developing the modern regulatory framework for the interaction of entities of banking relationships, a new rapid spread of cyber-risks, compliance risks and financial crime risks, which significantly affects the state of the banking system and is not reflected in the current banking legislation of Ukraine, should be taken into consideration. Banks as the main entities of banking relationships should assume risks and financial responsibility. It will contribute to the stabilization of the banking system of Ukraine and the economic development of the national economy.

Temporary agency work is an atypical form of employment that is becoming more frequently used as an alternative to standard labour relationship. It is a complex, ‘triangular’ legal relationship, which involves temporary-work agency, employee employed by the agency and a user firm, to which the agency assigns the employee. This is not a new legal institute, but it has become popular and somewhat legally regulated in the territory of the former SFRY in the last ten years. The Republic of Serbia does not have regulations that would regulate this specific issue, although these agencies exist in practice and in large numbers operate in the labor market of Serbia. However, Serbia has taken a step on the road to that. Namely, the Ministry of Labor has published the Draft Law on Agency Employment with the aim of providing legitimate employment and guaranteeing a working position of the transferred workers who are guaranteed to the employees with the employer. By introducing the legal framework for work through the temporary employment agency, the labor legislation of the Republic of Serbia is harmonized with the international standards of the ILO and the EU. By clearly defining the temporary employment agencies and specifying the conditions for their work, the rights and obligations of persons who conclude an employment contract with the temporary employment agency for the purpose of assigning temporary employment to the employer, and other mutual rights and obligations of the employees, agencies and employers of the users, This area and maximally protect the so-called. agency employees. Namely, agency employees will receive equal wages and other basic working conditions, safety and health at work and other working conditions applicable to employees directly employed by the employer-user (according to which the order and instructions of the agency employee work).

The steady increase in the number of administrative offences committed on the basis of gender, the victims of which are the most vulnerable strata of citizens, which demonstrated the lack of effective state activity in preventing and counteracting gender-based violence, prompted an analysis of the specifics of administrative and legal regulation of gender policy in police activity and the development of ways to improve it. The purpose of the study is to provide scientifically substantiated conclusions on optimising the administrative and legal regulation of gender policy in police activities. The methodology of this paper consists of a complete and coordinated system of general philosophical (dialectical, analysis, and synthesis) and special methods (historical and legal, logical and semantic, special legal, formal logical, hermeneutical, comparative and legal, modelling, and forecasting) this allowed properly analysing the subject of the study, the data of a survey of employees of the National Police of Ukraine to determine regulatory mechanisms for ensuring equality based on gender, the specifics of administrative and legal regulation of the gender policy of the police in this area of legal relations. The study defines the essence of administrative and legal regulation of gender policy in police activities. It is noted that it is the norms of administrative law that determine the powers of the police officer and other subjects of gender policy implementation, while ensuring the proper behaviour of subjects of influence by administrative coercion measures. It is determined that the object of administrative and legal relations should be considered the behaviour of participants in legal relations that are regulated and implemented through the provisions of administrative law. An integrated approach to the issue of administrative and legal regulation of gender policy in police activities is noted, which is not limited to the legislative consolidation of mutual rights and obligations, but is also implemented by studying and addressing the specific needs of both sexes, the active role of the National Police of Ukraine in this process. Arguments are given regarding the implementation of a balanced gender parity policy in the police

In theorizing on family life, children’s agency is a feature of a modern type of family, marked by free choice and inter-generational negotiations rather than parental authority. A video ethnography of Swedish everyday family life documents directive sequences and inter-generational negotiations, including what is here called activity contracts: agreements that form a type of inter-generational account work around target activities (e.g. cleaning one’s room). Within local family politics, contracts and revised contracts emerge as parts of such account work. The analyses focus on how contracts emerge within successive downgradings and upgradings of parental directives. Activity contracts regulate mutual rights and obligations, invoking family rule statements and local moral order, drawing on an array of verbal and nonverbal resources, ranging from parents’ mitigated requests and children’s time bargaining to nonverbal escape strategies and gentle shepherding.

Nowadays, Arbitration is an effective framework for resolving international commercial disputes. Most of the issues related to the international arbitration process allocate for the status, rights and obligations of disputant parties and the arbitrator. The Arbitration Agreement which is the legal basis of the arbitral proceedings only creates the legal relationship between disputant parties, therefore it does not deal usually with the legal relationship between the arbitrator and disputant parties that is effective in their mutual rights and obligations. The authority and position of the arbitrator empowers him to agree on his rights and obligations with disputant parties and whenever the expectation of the parties may endanger the arbitration process he will stand against the unreasonable demands of them and will organize their rights and obligations within a legal formal framework. The best framework accepted in some jurisdictions is the establishment of a separate contract known as the “arbitrator's contract”. The contents of this agreement include the most important rights and obligations of disputant parties and arbitrator which affect their position.

The franchise agreement is derived from the franchise business agreed by the parties concerned, the franchisor and the franchisee. It belongs to unnamed contracts because the law does not recognize it as a statutory contract of obligation or business law and must rest on the principles of contract law, so there must be agreement of the will of the contracting parties without any deficiencies in compliance with legal regulations. A franchise agreement is a mixed contract in nature, because it also contains elements of other contracts. International and national regulations in this area influence the strengthening of intellectual property rights and franchise activities, thus accelerating global innovation capacity, improving technical and technological development and regulating and improving the market. The subject of this paper is the legal relationship between the franchisor and the franchisee, the content of their mutual rights and obligations, and the origin and importance of the franchise agreement.