Certain Legislative Acts Of Ukraine Research Articles

Monitoring problems of court proceedings regarding criminal offenses in Ukraine

Each sphere of legal regulation with a dynamic movement objectively has certain problems caused by the development of social relations, the assessment of which allows for the development of ways to eliminate them and the practice of uniform law enforcement. Given the novelties of criminal proceedings regarding criminal offenses and the lack of unity of law enforcement due to the ambiguity of criminal procedural legal regulation, the problematic issues of court proceedings regarding this type of criminal violations are of research interest. In this regard, the article highlights the results of the monitoring of such problems and expresses the author’s vision regarding their solution. Attention is focused on three types of problematic issues: theoretical-methodological, practical and normative. In order to generalize problematic issues, the following are analysed: modern scientific developments regarding criminal offenses in general, and court proceedings regarding them, in particular, presented after the entry into force of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding Simplification of Pretrial Investigation of Certain Categories of Criminal Offenses» (from 01 July 2020); practice of the Supreme Court regarding criminal offenses and legislative proposals in this area. The conducted monitoring allowed the author to summarize the identified problematic issues of court proceedings regarding criminal offenses and to express the author’s vision regarding their solution. At the same time, it was noted that there is objectively no categorical distinction between some theoretical- methodological and normative issues, given their interdependence and multi-vector significance for both the theory and practice of law enforcement. The author ascertained the lack of dynamic development of court proceedings regarding criminal offenses in both theoretical and methodological (research) and law-making vectors and indicated the need to form a comprehensive vision of its improvement: from theory to practice.

Some criminological indicators of land mismanagement

Based on official statistical sources, this article presents a long-term criminological analysis of the situation with land mismanagement in Ukraine spanning the period from 2002 to 2023. The author determines absolute, average and relative indicators, in particular, the rate and dynamics of crimes in this category. The total number of recorded crimes in the category under study (1,240 crimes), their average annual occurrence (56 crimes), and the average growth rate (22.9 %) are calculated. Employing a 5th degree polynomial function, a trend depicting the dynamics of these crimes is constructed. The chosen model aptly captures the development trend of the process with high precision (coefficient of determination R2 = 0.916) and facilitates the identification and characterization of four distinct periods, each reflecting the main trends of land mismanagement in Ukraine.
 A paradoxical situation is revealed by the analysis of the practical application of the criminal law provisions which have supplemented Art. 254 of the Ukrainian Criminal Code « Land Mismanagement» in accordance with Law of Ukraine No. 402-IX of December 19, 2019 « On Amendments to Certain Legislative Acts of Ukraine Regarding Improvement of Legislation on Mining of Amber and Other Minerals». Notably, no crimes were recorded under Part 2 of Article 254 of the Criminal Code of Ukraine (the primary corpus delicti). Conversely, 15 crimes were recorded under Parts 3 and 4 of Article 254 (qualifying elements of the crime). The author concludes that this correlation would be impossible in the case of objective recording of crimes, and it also underscores a noteworthy latent aspect of land mismanagement, in particular, deliberate evasion of mandatory reclamation of lands damaged in the course of pilot commercial development of amber deposits or amber mining under a special subsoil use permit, resulting in considerable damage. The conducted analysis holds an intrinsic value both for scientific research and for law enforcement, ensuring an appropriate information support base for countering land mismanagement, firstly, by providing a clear understanding of the current situation with this phenomenon. Furthermore, it lays the groundwork for the development of the relevant system of criminal preventive measures tailored to address this specific issue.

Legal Framework for ensuring observance of rights of undertakings during inspections of The Antimonopoly Committee of Ukraine in the context of antimonopoly reform in Ukraine

The article is devoted to analysis and general description of legal framework for ensuring observance of rights of undertakings during inspections of the bodies of the Antimonopoly Committee of Ukraine (the “AMCU”), considering provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation on the Protection of Economic Competition and Activities of the Antimonopoly Committee of Ukraine” No. 3295-IX dated 9 August 2023 (the “Law No. 3295-IX”), which initiated the antimonopoly reform in Ukraine. The article analyses the main changes introduced by the Law No. 3295-IX in terms of conduct of inspections of undertakings and certain procedural actions (seizure, arrest of property, etc.) by the AMCU’s bodies, and provides a general assessment of these changes from perspective of ensuring observance of rights of undertakings during exercise of investigative powers by the AMCU’s bodies.
 Following analysis of the above law, it is concluded that it significantly altered the rules for conducting inspections of undertakings and related procedural actions by the AMCU’s bodies and, in general, changed them for the better in terms of ensuring observance of rights of undertakings. The most significant positive development is that after entry of the Law No. 3295-IX into force (1 January 2024) inspections, access to premises, other possessions, other places of information storage owned and/ or used by undertakings, and/or performance of certain procedural actions in the form of examination, sealing, seizure of property, and arrest of property by the AMCU’s bodies should be subject to prior authorisation by the commercial court. The AMCU’s bodies, in turn, are required to provide sufficient justification of the need for inspections and the above-mentioned procedural actions, so that the latter could be authorised by the court.
 The need to obtain prior authorisation from the commercial court to conduct inspections of undertakings and procedural actions such as seizing, imposing arrest on property, etc. in theory should prevent unjustified interference of the AMCU’s bodies in operational activities of undertakings and contribute to ensuring observance of their rights to a greater extent compared to situation when commercial courts would continue to carry out only ex post control over legality of inspections of the AMCU’s bodies and their procedural actions. Time will show whether the above idea will find its practical implementation and to what extent. As the AMCU’s bodies utilize the investigative toolkit provided to them by the Law No. 3295-IX, time will also reveal imperfections and problematic aspects of the new legal regulation of inspections and procedural actions by the AMCU’s bodies in part of ensuring observance of rights of undertakings.

Prevention and counteraction of mobbing in labor relations: regulatory and legal support in Ukraine

The article examines the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts. Attention is drawn to the fact that the problem of mobbing is relevant not only for our country, where it is increasingly possible to observe cases of this phenomenon at work (harassment of an employee by both colleagues, subordinates, and management), but also for European countries, where they know what is mobbing and have long since legally regulated the issue of preventing and countering this phenomenon. It is noted that Ukraine has also joined European countries in this matter by adopting the Law "On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (bullying)” dated 11.16.2022 No. 2759-IX, which brought the norms of Ukrainian legislation in accordance with European and provided protection against discrimination and psychological pressure in the workforce. It is noted that the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts will contribute to the protection and protection of the rights of employees, as well as overcoming mobbing as a negative phenomenon in labor relations. At the same time, it was concluded that despite the fact that the concept of "mobbing” is legally defined, the responsibility for it, many issues still remain today, which need to be resolved. Since the amendments to the legislation gave birth to many aspects that were not familiar either to the practice or to the science of domestic labor law. Yes, now the psychological and economic pressure of employees has become an additional reason for terminating the employment contract; the regulation of mobbing established new areas of employer responsibility, and also gave rise to many unanswered questions - how to distinguish bullying from a joke; whether to consider the use of obscene language as mobbing; is it considered mobbing when an employee compares his work with the work of another employee and complains about being overworked compared to a colleague; where the line will be drawn between the employer's legal requirement for the employee to perform the job well and mobbing the employee and many others. There is also an objective need to develop a legal mechanism to protect employees from mobbing, which would provide legal certainty regarding this phenomenon in labor relations.

STAROST INSTITUTE IN UKRAINE: CURRENT STATE AND DEVELOPMENT PROSPECTS

The article fully discloses the essence of the concept of the headman, and also defines the algorithm of the formation of the headman institute at the level of individual communities. The system according to which the elections of the headman are held in the territory of the corresponding settlement is highlighted, as well as the criteria that the headman must meet, the term of his authority and his main duties are considered. The key function of the institute of elders is revealed – the representation and protection of the interests of residents of peripheral settlements in the local self-government bodies of the united community. The main changes in the powers of the headman and the procedure for their election, which are defined in the Law "On Amendments to Certain Legislative Acts of Ukraine Regarding the Development of the Institute of Headmen", which was adopted to improve the legal regulation of the Institute of Headmen, are reflected. The advantages and disadvantages of this Law are highlighted, the situation regarding the creation of eldership districts and the appointment of elders in 1,428 communities from all regions of Ukraine as of the beginning of 2022 is considered and analyzed. Violation of the requirements of the legislation in the process of creating starostats and approving starostas was revealed: creation of starostat districts in communities where the number of residents does not exceed 500 people; their formation after approval by the relevant council of candidates for the positions of elders; approval of elders without the formation of elder districts, etc. Proposals regarding the organization of effective work and prospects for the development of the Institute of Elders in Ukraine have been provided. For example, it is proposed to introduce an information resource – the register of starosty districts and starosts, to provide informational and methodological assistance in the application of legislation regarding the institute of starosts, to develop an official website for those communities that do not yet have one (for the publication of important and relevant news and planned events). Attention should also be paid to improving the legislative regulation of the institute of elders. Keywords: decentralization, local self-government, territorial community, starosty districts, institute of starosts.

The «right to hope» of a person sentenced to life imprisonment VS the right to the safety of society and the victim

Long terms of imprisonment, including life imprisonment, without a legal procedure for reducing the term of such punishment are not humane and contradict fundamental human rights as understood by the European Court of Human Rights. It was found that the practice of replacing life imprisonment with imprisonment under the amnesty procedure in Ukraine did not correspond to the positions of the European Court of Human Rights, in particular, because there was no clear legal mechanism for reviewing the decision on the imposition of life imprisonment after a certain period of time.
 According to the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Implementation of Decisions of the European Court of Human Rights» dated October 18, 2022 No. 2689-IX, amendments were made to Article 154 of the Criminal Enforcement Code of Ukraine. Pursuant to these changes, in accordance with Articles 81 and 82 of the Criminal Code of Ukraine, conditional early release from serving a sentence, replacement of a sentence of life imprisonment with a sentence of imprisonment for a certain period of time, or replacement of the unserved part of the sentence with a lighter one may be applied. After replacing life imprisonment with term imprisonment, the question of conditional early release from serving the sentence can be raised.
 It was established that the two-stage mechanism for revising life imprisonment of the Verkhovna Rada of Ukraine corresponds to the practice of the European Court of Human Rights and constitutional provisions, because it ensures a person’s «right to hope» after a certain period of time.
 At the same time, there remains the question of the actual involvement of the victim in this process, the provision of a real opportunity to influence and participate in the process of revising life imprisonment and compensation for damages, as well as ensuring the safety of the society. In addition, it is necessary to ensure the real reintegration of such a person into society.
 The proposals should also be accompanied by changes to the Criminal Procedure Code, as well as the Criminal Executive Code of Ukraine.

До поняття посткримінальної поведінки правопорушника, що вчинив кримінальне протиправне діяння

Abstract. The article focuses on the fact that the sphere of behavior of a person, which today is regulated by the legislation of Ukraine on criminal liability, and which in connection with this becomes the object of an official assessment, is actually much wider than criminally punishable acts, and primarily, it concerns legally significant treatment of a person after committing a criminal offense. Such behavior is called "post-criminal", "post-criminal" or "post-criminal". At the same time, it is noted that, taking into account the changes introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Simplifying Pretrial Investigation of Certain Categories of Criminal Offenses" dated November 22, 2018 No. 2617 VIII (entered into force on July 1, 2020), the use of phrases "post-criminal behavior" or "post-criminal behavior" is inappropriate and incorrect. Therefore, the updated classification of criminally punishable acts and the introduction of the concept of "criminal offense" allows the use of the concept of "post-criminal". Based on the analysis of the work of leading scientists in the field of criminal law, as well as evaluating the legal construction of post-criminal behavior, taking into account the linguistic analysis of the content of the concept, it was established that post-criminal behavior can be defined as a legally significant action or inaction (more often a combination of them) of a person after committing a criminal offense offense and until the time of repayment (removal) of the criminal record or the occurrence of other legally significant consequences, which indicate the termination of criminal-legal relations and are caused by such behavior (release of a person from criminal responsibility, release from punishment, etc.).

Opening of the agricultural land market in Ukraine: advantages, disadvantages and ways to solve them

The paper covers the topic of opening the land market in Ukraine, in particular, focuses on the advantages, disadvantages and suggests ways to solve them. The author studies the main regulatory legal acts in the field of agricultural land. It is found that the quality of agricultural production and the overall food security of the state depend on the level of functioning of the land market. The authors examine the arguments and counterarguments for lifting the ban on land sales. It is concluded that the current moratorium only exacerbated the existing problems of the land market. The author analyzes the number of contracts for the sale and purchase of agricultural land plots by region. The analysis shows that due to the hostilities in Donetsk, Zaporizhzhia, and Kharkiv regions, this indicator is low compared to other regions. Both positive and negative aspects of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Terms of Agricultural Land Turnover" of July 01, 2021 are highlighted. In particular, the author focuses on problematic aspects, such as: lack of equal access to credit resources for all forms of business in the agricultural sector; lack of criminal liability of state registrars for registering land involved in fraudulent schemes; unregulated sale of agricultural land to foreigners and some others. It is found that only proper and clear legislative regulation will help to eliminate the existing gaps.

Reform of competition legislation in Ukraine

The scientific article is devoted to determining the specifics of the reform of competition legislation in Ukraine. On the path of European integration, Ukraine faces the need to reform certain spheres of state power, in particular in the area of regulation of competition law, following the example of the countries of the European Union. By signing the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, Ukraine undertook to fulfill a number of provisions on bringing national legislation into line with the legislation of European countries. One of the directions of bringing national legislation to the legislation of European countries is the need for compliance with national legislation, in particular Article 256 of the Association Agreement, the provisions of which will be analyzed in this scientific article. In addition, the provisions of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Improving the Activities of the Antimonopoly Committee of Ukraine” dated August 9, 2023 3295­IX, adopted by the Verkhovna Rada of Ukraine, will be analyzed. The article will also note that the reform of competition legislation in Ukraine consists in the implementation of this law, the provisions of which will enter into force in 2024. The article will point out the shortcomings and advantages of this Law and determine the main provisions that will ensure compliance of national competition legislation with the provisions of the Association Agreement. The specifics of the changes that will take place in the Antimonopoly Committee of Ukraine in the process of implementing the norms of the above-mentioned Law, as well as the specifics of the changes in economic procedural legal relations, will also be considered. In addition, the scientific article will reveal how the relevant law will affect the activities of the notary and the National Police in Ukraine.

Information on waste generated as a result of war: the issue of legal protection

The article is devoted to the analysis of the state of legal provision of access to information about waste generated as a result of war, the identification of problematic aspects in this area and the development of proposals for overcoming them.
 The relevance of the study is due to the need to develop a legal field that would take into account a new phenomenon for Ukraine - the treatment of waste generated as a result of war and allow to ensure the implementation of the constitutional right of everyone to access information about such waste in the context of access to environmental information as effectively as possible.
 The work analyzes the amendments to the legislation on environmental information. A conclusion was made about the expediency of the existing changes in terms of clarifying the meaningful content of the term «environmental information», including by supplementing it with «waste information» and its compliance with international acts. The updated legislation on waste management was studied. A conclusion was made about the beginning of the formation of special secondary legislation on the management of waste generated as a result of war.
 It was determined that even under martial law, environmental information, including waste information, cannot be restricted. Access to it may be difficult for objective reasons (due to technical reasons, in temporarily occupied territories, etc.). Public access to environmental information is one of the factors in the effective development of reconstruction plans (especially at the local level), ensuring proper control over the implementation of measures, preserving people’s lives and health.
 It is proposed to speed up the entry into force of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the State System of Environmental Monitoring, Information on the State of the Environment (Environmental Information) and Information Support for Management in the Field of the Environment» without reference to the end of martial law as such, which will serve quality update of legislation on access to environmental information. The need to define and establish at the level of the Law of Ukraine «On Waste Management» the concept of «waste generated as a result of war», as well as the provision of this category in the National List of Waste, is substantiated. Inconsistency of the Regulation on data sets to be made public in the form of open data of the Law of Ukraine «On Waste Management» in the part of the list of such data on waste was established. The need to eliminate this shortcoming is argued.

Концепція фінансового забезпечення стійкого розвитку сільськогосподарських підприємств у контексті Плану відновлення України «Нова аграрна політика»

The article examines the economic essence and features of financial support for the sustainable development of agricultural enterprises in the conditions of martial law and provides recommendations for improving their development in the conditions of post-war recovery. The author carried out a SWOT analysis (analysis of strengths and weaknesses, opportunities and threats) of agricultural enterprises of Ukraine. The key challenges, opportunities and limitations for agricultural enterprises in the context of the Recovery Plan of Ukraine “New Agrarian Policy” were systematized and researched. The article analyzes financial support in the context of attracting international and state aid by agricultural enterprises in 2022-2023. The concept of financial support for the sustainable development of agricultural enterprises in the context of the recovery plan of Ukraine “New Agrarian Policy” is studied, its purpose, principles, tasks, stages of implementation are presented as well as information base, methods and forms of financial support for agricultural enterprises, sources of financial support for agricultural enterprises, etc. The author emphasized the need to adopt a number of draft laws regarding the improvement of financial support for the sustainable development of agricultural enterprises in the context of the recovery plan of Ukraine “New Agrarian Policy”, in particular such as the Law of Ukraine “On Amendments to the Law of Ukraine “On State Support of Agriculture in Ukraine”; Law of Ukraine “On Amendments to the Law of Ukraine “On State Portfolio Guarantees”; Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving the Efficiency of Use of Agricultural Land by Subjects of the State Sector of the Economy”, etc.

The administrative-procedural component of banning a political party in Ukraine

The article is devoted to the study of the issue of the administrative-procedural component of the ban on political parties in Ukraine. The full-scale invasion of Russia became the point of extremum for intensifying measures to ensure the state and national security of Ukraine, including by disabling the activities of pro-Russian political forces. The practice of banning the functioning and activities of political parties is one of the mechanisms for protecting sovereignty and traditionally belongs to the toolkit of militant democracy.
 It was emphasized that the legal basis of the procedure for banning political parties was formed relatively recently and under the influence of martial law (Law of Ukraine No. 2243-IX dated 03.05.2022 «On Amendments to Certain Legislative Acts of Ukraine Regarding the Banning of Political Parties»).
 It is summarized that due to the great political and social significance that administrative cases on the banning of a political party belong to the jurisdiction of the appellate administrative court in the appellate district, which includes the city of Kyiv.
 It was established that currently the legal nature of the procedure under consideration remains ambiguous in many respects, in particular, in terms of the grounds for opening proceedings and filing an administrative lawsuit to ban a political party, as well as the mechanisms of judicial review and the powers of the court when deciding such a case (regarding the ban and transfer of party property owned by the state). Administrative proceedings regarding the banning of a political party are specific and characterized by a number of various differences compared to the general principles of administrative proceedings in court. Prohibition of a political party during a court proceeding is a public process with the mandatory involvement of the Verkhovna Rada of Ukraine and the Ministry of Justice of Ukraine in the legalization of this administrative proceeding.

Constitutional obligation of Ukraine to ensure freedom of entrepreneurial activity: urban planning reform

The article analyzes the urban planning reform initiated by the Law of Ukraine of December 13, 2022 «On Amendments to Certain Legislative Acts of Ukraine on Reforming the Sphere of Urban Planning» and its impact on the development of freedom of entrepreneurship in Ukraine. The author establishes that the State has objectified in this Law a number of progressive novelties which significantly reduce corruption risks in the sphere of urban development and create a solid basis for Ukraine to fulfill its constitutional obligation to ensure freedom of entrepreneurship, which is in line with the idea and purpose of European integration legislation.
 It is substantiated that legislative and practical ensuring of demonopolization and regulatory transparency in the sphere of urban development is an urgent duty of Ukraine, which should make the necessary efforts to attract huge investments in order to rebuild the industrial facilities, housing, infrastructure, destroyed during the war.
 It is stated that officials performing the functions of state architectural and construction control and supervision, in fact, even without the purpose of obtaining an undue benefit from the customer, are absolutely not interested in prompt and high-quality provision of their services, since their remuneration does not depend in any way on the quantity and quality of services provided by them. At the same time, the main opponents of this Law are city, town and village mayors, who cite a number of arguments, but the author of this article has systematically and consistently refuted these arguments of local government officials, as discussed in this publication. The application of these legislative innovations should destroy the monopoly on state architectural and construction control and remove the corruption component from this activity. The new law should ensure the implementation of the «three-part» test in social reality in order to eradicate corruption from the sphere of urban development. The «three-part» test consists of the following components: reasonable regulation of urban development activities based on the principles of legality and legal certainty; ensuring a free market competitive and transparent environment for entrepreneurship in the field of urban development; and the absence of personal contact between an «official» and an «entrepreneur» through the automation of services in this area.

To the question of installation or spreading criminal influence under Article 255-1 of the Criminal Code of Ukraine

The article deals with topical issues regarding the changes introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Criminal Responsibility for Crimes Committed by a Criminal Community" dated June 4, 2020, to the Criminal Code of Ukraine. The Law provides for new norms relating to criminal liability for the activities of organized crime as a special form of complicity. Namely: significant changes have been made to Art. 255 of the Criminal Code of Ukraine, as well as criminalized norms provided for by Articles 255-1, 255-2, 255-3 of the Criminal Code of Ukraine. This law also provides for criminal liability for new forms and manifestations of organized crime, such as: "criminal community", "thief in law", "criminal influence", "subject of increased criminal influence", "criminal assembly" and others. Today, the genesis of these norms, their definition, interpretation and specification remain problematic issues, since they affect not only the criminal law, but also the criminological characteristics of the criminal's personality, which, in turn, complicates the qualification and differentiation from related types of criminal offenses. To determine the person under Art. 255-1 of the Criminal Code of Ukraine, it is necessary to establish not only mandatory features inherent in the general subject of a criminal offense, but also a more extended range of these features. It is on the basis of these characteristics of the subject of the criminal offense and on the characteristics of the objective party that it is necessary to distinguish between adjacent compounds, which was the focus of the research. An analysis of the subject was carried out according to optional features that are not clearly formulated in the article and require interpretation. The article pays special attention to the concept of "criminal influence" under Art. 255-1 of the Criminal Code of Ukraine. A review of the latest scientific publications on this topic was carried out, as well as a review of judicial practice under Art. 255-1 of the Criminal Code of Ukraine made it possible to establish one's own vision of the concept of "criminal influence", taking into account the outlined problematic issues. In addition, the article highlights the distinction between the organization or the direct distribution of funds, property or other assets (income from them), as an alternative structural part of the concept of "criminal influence", from the financing of a criminal organization or criminal community.

Features of the regulation of land relations during the state of martial

In the article, the authors submit the main changes to the current land legislation of Ukraine since the beginning of a full-scale invasion of the russian armed forces. The article deals with the novellas, in particular: Law No. 2145-IX «On Amendments to Certain Legislative Acts of Ukraine on Creation of Conditions for Food Security in Martial Status» of April 7, 2022; Law No. 2247-IX «On Amendments to Certain Legislative Acts of Ukraine on the Peculiarities of Regulation of Land Relations in Martial Status» of June 9, 2022. The conditions and requirements for the formation of new land plots and documentation during the war are revealed; The rights of tenants of agricultural land during hostilities are explained; Changes in the rules of regulation of land relations are currently analyzed. Explained: system of change of purpose of land plots; lease of state and communal property for placement of production capacity of enterprises evacuated from the war zone; The simplified procedure for renting free land plots of state and communal property of agricultural purposes used for conducting commodity agricultural production is investigated. The procedure for leasing, privatization and compulsory alienation of such a plot in the form of confiscation and requisition was determined, the procedure for determining the damage and losses caused by the aggressor state, the land fund of Ukraine is analyzed. The systematic legislation on regulation of land relations in the conditions of martial law and the possibility of simplification to ensure the functioning of the economy and the accelerated restoration of infrastructure of Ukraine is revealed.

ФІНАНСОВО-ІНВЕСТИЦІЙНА ПОЛІТИКА РЕГІОНІВ І СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ МАРКЕТ-ОРІЄНТОВАНОГО ТИПУ В УМОВАХ ПІСЛЯВОЄННОГО ВІДНОВЛЕННЯ ЕКОНОМІКИ

The article analyzes the evolution of state and financial support for investment activities in Ukraine, in particular in the part of the adoption of the Laws of Ukraine in 1999–2001, which regulate the special regime of innovative activity of technological parks, the activities of a number of special economic zones, the special regime of investment activities in the territory of priority development in a number of regions and cities. It is shown that the legal structure of the territory of priority development lost its force in connection with the adoption in 2022 of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Basics of the State Regional Policy and the Policy of Restoration of Regions and Territories" that suffered as a result of armed aggression against of Ukraine. The forms of implementation of the regional development strategy through the adoption of the investment program and investment project, as well as the financing mechanisms of the state regional policy, have been systematized. It is shown that the procedure for planning the recovery of regions and territories affected by the armed aggression of the Russian Federation is determined by the Law of Ukraine "On the Basics of State Regional Policy". Projects of the Plan for the recovery of Ukraine from various areas of activity are prepared by the National Council for the Recovery of Ukraine from the Consequences of the War. Summarized the content of the programs under the project of the plan for the construction, urban planning, modernization of cities and regions of Ukraine: "Restoration and sustainable development of regions", "Restoration of critical infrastructure facilities in the de-occupied territories", "Restoration of economic activity in regions and territorial communities (except the territories of management hostilities and temporarily occupied)", "Stimulation of the development of regional poles of growth", "New Ukrainian village", "Development of border areas in unfavorable conditions", "Development of the macro-region of the Ukrainian Carpathians", "Program fair transformation of monofunctional cities of Ukraine (including coal-fired cities)", "Ensuring the development of industrial parks in Ukraine", "Implementation of public-private partnership projects at the regional and local levels", "Development of the potential of the Azov-Black Sea macro-region". The comprehensive implementation of the mentioned programs will allow to reduce the risks of the functioning of the economy in the conditions of martial law, to ensure its recovery in the post-war period based on the state and prospects of the marketing environment, to maintain social standards and the safety of life of Ukrainians.

ДЕЯКІ АСПЕКТИ РЕФОРМУВАННЯ ТРУДОВИХ ВІДНОСИН В УМОВАХ ВОЄННОГО СТАНУ

The article is devoted to highlighting the current relevant problem of ensuring the right to work under martial law. Some aspects of the organization of labor relations were studied, taking into account new realities and changes in legislation that took place on 07/14/2022. It was concluded that this indicates the beginning of a radical reform of the current labor legislation, which should end with the adoption of the Labor Code of Ukraine. On July 19, 2022, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Optimizing Labor Relations” dated July 1, 2022 No. 2352-IX entered into force. The law introduced changes to the Code of Labor Laws of Ukraine, the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law”, “On Vacations”, etc. It is emphasized that during martial law in accordance with the Law of Ukraine “On the Legal Regime of Martial Law” there is a temporary restriction of the constitutional rights and freedoms of a person and citizen, as well as rights and legitimate interests, due to the threat (in this case, the aggression of the Russian Federation against Ukraine) legal entities with an indication of the period of validity of these restrictions. In view of the content of Presidential Decree No. 64/2022 of February 24, 2022 “On the introduction of martial law in Ukraine” temporarily, for the period of the legal regime of martial law, the possibility of limiting the constitutional rights and freedoms of a person and a citizen, which are provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine was analyzed. Since such changes concern not only the organization of labor relations during martial law, but also during peacetime, the article examines them in detail. It was emphasized that the most resonant change of this law was the cancellation of the payment of the average salary to military personnel. Attention has been drawn to the fact that the changes to the legislation limit the list of employees whose working week can be increased to 60 hours only to employees employed at critical infrastructure facilities. New grounds for dismissal and the procedure for suspending the employment contract were considered.

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The article examines the issues of implementation of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Criminalization of Collaboration Activities" No. 2108-IX dated 03.03.2022 in the context of ensuring the State security of Ukraine. The author analyses the elements of the crime under Article 1111. The author provides the features which distinguish this crime from other criminal offences. The author suggests approaches to improving the legal acts in the field of state security and criminal law through the use of successful legal and commonly used terms. The author considers the criteria which could serve as a basis for the creation and improvement of legislation in general and criminal law in particular. It is emphasized that since 2014, the issue of bringing to justice before the State and the people of Ukraine therefore citizens of Ukraine who actively cooperate with the aggressor country and whose actions are not covered by the crime under Article 111 of the Criminal Code of Ukraine "High Treason" has become very relevant in Ukraine. It is noted that, according to this Law of Ukraine "On National Security of Ukraine", state security is defined as the protection of state sovereignty, territorial integrity and democratic constitutional order and other vital national interests from real and potential non-military threats. It is emphasized that the key terms of the definition of state security are "security" and "non-military threats". It is argued that these categories indicate the priority of the legal plane of state security protection through legislative regulation of social processes which are potentially and actually dangerous for state and national security.

РЕГУЛЮВАННЯ ЗЕМЕЛЬНИХ ВІДНОСИН В УКРАЇНІ: ВОЄННИЙ СТАН ТА ПІСЛЯВОЄННИЙ ПЕРІОД

B a c k g r o u n d . Land reform in Ukraine has been going on for over 32 years. Due to both some systemic miscalculations and insufficient resources for its provision, most of the goals of land reform still remain unrealized. The introduction of market land relations has not become a guarantee of sustainable land use. There is an urgent need for urgent correction of land reform, justification of new innovative approaches to reforming land relations in the context of global trends. M e t h o d s . The problems of scientific and methodological principles of improving the processes of land management and regulation of land relations at different levels of government are revealed in the works of leading Ukrainian scientists. However, previous research has focused on some aspects of this problem. Insufficient attention was paid to the regulation of land relations in the context of decentralization of power, ensuring deregulation in the field of land relations. No research has been conducted on the regulation of land relations under martial law. The purpose (the objective) of this article: elucidation of the peculiarities of the regulation of land relations in the conditions of martial law and substantiation of the prospects for the regulation of land relations in Ukraine on the basis of decentralization and deregulation in the post-war period. R e s u l t s . The system of factors that caused the need to introduce a simplified procedure for access to land for agricultural production during martial law was determined. Key legislative novelties regarding food security, peculiarities of land relations regulation under martial law are analyzed. The peculiarities of the introduced "land reform package" in the context of decentralization and deregulation in the field of land relations are studied. The reform initiatives introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the System of Management and Deregulation in the Field of Land Relations" were analyzed, which due to its scale (affecting 4 codes and 22 laws of Ukraine) and the importance of the changes (29 reform initiatives) received the name "Land Constitution". C o n c l u s i o n s . The system of factors that necessitated the introduction of a simplified procedure for access to land for agricultural production during the martial law has been identified. The key legislative novelties concerning food security, features of regulation of land relations in the conditions of martial law are analyzed. A thorough analysis showed that in a relatively short period of time the necessary legal framework was created to complete land reform in Ukraine, identified scientifically sound prospects for streamlining land relations in Ukraine on the basis of decentralization and deregulation. Prospects for further research in this direction are associated with the need for scientific substantiation of the system of mechanisms, tools and methods of forming a multi-level system of land resource management in the context of ensuring decentralization and deregulation in the field of land relations, which should represent an integrated set of interconnected elements that retain their individual importance and have a target orientation in accordance with the concept of ustainable development of territories.

ПРИКЛАДНІ ІМПЕРАТИВИ ОЦІНКИ СОЦІАЛЬНО-ЕКОНОМІЧНОЇ ЕФЕКТИВНОСТІ ПОВОЄННОЇ РОЗБУДОВИ РЕГІОНІВ УКРАЇНИ

Modern science, having a sufficiently wide range of scientific approaches, tools, algorithms, values and indicators that reflect the effectiveness of any processes, requires the search for the most optimal scientific and methodological support in view of modern challenges, in particular the war. Using the principles of generalisation of the theoretical and methodological, as well as applied basis in the field of territorial development at the intersection with the theory of efficiency, the article solves a scientific problem of assessing the socio-economic efficiency of the post-war development of the regions of Ukraine. The lack of effectiveevaluation tools was established. The author's scientific and methodological approach to assessment is proposed, which is based on a comprehensive territorial and security-oriented approach and is built on the principles of the Law of Ukraine dated 07.09.2022 No5323 “On Amendments to Certain Legislative Acts of Ukraine Regarding the Basics of the State Regional Policy and the Policy of the Restoration of Regions and territory”. On the basis of the matrix approach, it is proposed to form a coordinate systemfor the distribution of regions of Ukraine in order to determine the position of a point on the plane that describes the correspondence of the region to a specific functional type. The selection of individual indicators as abscissa and ordinate axes is justified. By converting natural indicators into relative ones, the initial data for the distribution of regions according to their functional type was formed. In order to further compare the data, the average value for each indicator and region in the five-year dynamics was calculated. The boundaries of each type of territory are outlined. The expediency of dividing the territories into pre-war, war and post-war periods according to the author's methodology has been proven, which will allow comparing the results and drawing thorough conclusions not only about the rates of recovery, but also about the causes and consequences of structural changes in socio-economic development for each period.