Certain Legislative Acts Of Ukraine Research Articles

���̲������ ²���²����Ͳ��� �� ��������ֲ��� IJ���Ͳ��� � �������Ҳ ���̲������-��������� ������������ �������ί �������

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.

Creating a competitive market for solid biofuels: the role of the electronic trading system and public procurement

The article is a part of a series of works dedicated to the problems of legal regulation of the creation and functioning of the system of electronic trade in solid biofuel as a tool of intensifying the production of biofuel, as well as ensuring sustainable development. Special consideration is given to the issue of participation in the electronic trading system of contracting authorities within the meaning of the Law of Ukraine «On Public Procurement», which requires a clear definition, since the existence of two parallel markets for trading significant volumes of solid biofuel can lead to the leveling of the idea and purpose of creating an electronic trading system. The categories of contracting authorities for which it is expedient to provide the obligation to purchase a set percentage of solid biofuel in the electronic trade system are detailed. It is proposed that such an obligation should be extended to contracting authorities within the meaning of the Law of Ukraine «On Public Procurement» who, due to the special sphere in which they carry out their activities, systematically purchase large volumes of solid biofuel, namely: legal entities in accordance with clause 4, part 1 of article 2 of the Law of Ukraine «On Public Procurement», which carry out activities in the field of ensuring the production, transportation, and supply of thermal and electrical energy to consumers, drinking water, functioning of centralized drainage and meet the characteristics established by the Law. Taking into account the obligations of Ukraine within the framework of the EU-Ukraine Association Agreement, as well as the need to ensure compliance with the Sustainable Development Goals, the feasibility of gradually introducing «green» public procurement of solid biofuel has been proven, taking into account the fact that certain volumes of biofuel will be purchasedby such categories of contracting authorities in the meaning of the Law of Ukraine «On Public Procurement», as state and local government bodies and legal entities that ensure the needs of the state or territorial community, specifically in the public procurement system. The problematicaspects of the registered draft of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Development of Electronic Trade in Alternative Fuels» No. 8052, which is currently under consideration by the Verkhovna Rada of Ukraine, are emphasized.

SOME ASPECTS OF REFORMING THE WATER MANAGEMENT SYSTEM AND EFFICIENT USE OF RECLAIMED LANDS IN UKRAINE

The necessity and the basic directions of the scientific vision of further reforming the systems of water resources and land reclamation management are determined. The need for such a reform is dictated by the fact that, despite the adoption on October 4, 2016, by the Verkhovna Rada of Ukraine of the Law "On Amendments to Certain Legislative Acts of Ukraine on Implementing Integrated Approaches to Basin Management" and a number of by-laws, the system of water management and land reclamation management in Ukraine still remains virtually unreformed since post-Soviet times as two mutually exclusive functions remain in this system: the water management function and the land reclamation management function. Moreover, the statutory grounds for the introduction of integrated basin management have been deliberately used to eliminate economic entities which managed reclamation infrastructure, which has made it much more difficult to separate the above-mentioned functions, as required by Directive 2000/60/EC of the European Parliament and the Council of Europe “On establishing a framework for Community action in the field of water policy”, the implementation of which into Ukrainian law is a mandatory task under the Association Agreement with the EU. Recent adoption (on February 17, 2022) by the Verkhovna Rada of Ukraine of the Law “On Organization of Water Users and Stimulation of Hydrotechnical Land Reclamation” was confirmed by the President of Ukraine on May 6, 2022. It is an important step towards reforming the water management as for the first time in Ukraine the law introduces a new organizational and legal form for the management of reclamation systems, namely water user organizations. But this Law does not address the main issue of the reform - the separation of the above-mentioned functions. Therefore, the success of further reforming of the systems of water resources and land reclamation management will directly depend not on the speed of development and adoption of bylaws to the Law “On Organization of Water Users and Stimulation of Hydrotechnical Land Reclamation”. It will depend on the earliest possible adoption of the “Concept of reforming the water management system of Ukraine” by the Government of Ukraine, the project of which was prepared and approved by all interested ministries and departments in 2019, but was deliberately blocked by then leaders of the Ministry of Ecology and Natural Resources of Ukraine. Therefore, the work on reforming the systems of water resources and land reclamation management is unsystematic and, in many cases, the practical steps being implemented, especially in improving the structure of the State Agency Water Resources of Ukraine, are mostly destructive. Minimizing their negative impact will require considerable efforts and time.
 This article aims at scientific substantiation of the list and sequence of measures, including at the legislative level, the implementation of which will bring the systems of water resources and land reclamation management in Ukraine in line with European water legislation, and thus ensure full implementation of the provisions of integrated management on the basin principle not only formally but also in the spirit.

Current issues of regulating on recording of the employee’s labor activities

This article has analyzed the current labor legislation on recording of an employee’s labor activity. The study focuses on the settlement of theoretical and practical problematic aspects of the process of employment records digitalization, and on the non-infringement of employees’ and pensioners’ labor rights and as subjects of labor relations in this regard.
 The law stipulates that an employee’s work activity will be recorded in electronic form. In addition, it regulates the procedure for accumulating, processing and using this information to confirm the length of service and automatically grants pensions with the right to postpone retirement. The legislator envisages a gradual transition from paper to electronic employment records by 2025. Within this period, it is possible to use both versions of the existing or entered information about the employee’s work history from the state register.
 We believe that the purpose of introducing a digital analog of a paper employment record book was to improve the recording of Ukrainians’ labor activity, reduce paperwork and the associated risks of loss or damage to documents. It has been found that the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Electronic Employee Labor Records” have gaps in this regard which require further improvement and elaboration.

To the issue of discrimination in the field of labor relations in today's conditions

The article is devoted to the study of the problems of discrimination, its manifestations in the field of labor relations in today's conditions. Because at the current stage of development and formation of Ukraine, the problems of discrimination are gaining great importance and require additional research. Today, the main problem of discrimination in Ukraine is its widespread form of manifestation, which consists in gender inequality in the field of employment and job search. Domestic legislation, international documents, as well as the views of scientists who were engaged in the study of this problem were analyzed. It is noted that discrimination in the field of labor is unequal opportunities for employees endowed with equal productivity, or unequal treatment of them by employers, society and the state; this is a deliberate restriction of the rights of the subjects of social and labor relations, which blocks their access to equal opportunities in the labor market. It was concluded that the adoption of legislative acts aimed at preventing discrimination in the field of employment (Laws of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Protection of Workers' Rights" dated 05.12.2022 No. 2253-IX, "On Amendments to Certain Legislative Acts of Ukraine on the optimization of labor relations" dated 01.07.2022 No. 2352-IX) will contribute to bringing domestic legislation into line with the legislation of the European Union, the practice of the International Labor Organization and will have a positive impact on the market environment. Since, as the experience of developed countries shows, non-discrimination contributes not only to the establishment of democratic principles and respect for human rights, but also has a positive impact on social and economic relations in society, allows more efficient use of human resources, and ensures stability. Especially today, when Ukrainian society has faced new challenges. In such an extremely difficult time, the field of labor legislation more than ever needs adaptation, and therefore, the introduction of appropriate changes.

ОСВОЄННЯ БІОЕНЕРГЕТИЧНОГО ПОТЕНЦІАЛУ ПОБУТОВИХ ВІДХОДІВ В УМОВАХ ПІСЛЯВОЄННОГО ВІДНОВЛЕННЯ: ЕКОНОМІКО-ПРАВОВИЙ ВИМІР

The present article examines the economic and legal problems of development the bioenergy potential of household waste in the conditions of post-war recovery of Ukraine. The place of various operations on bioenergy use of household waste in the waste hierarchy is specified. There is a need for additional ranking of waste-to-energy operations within the position of the hierarchy denoting other recovery. It is noted that energy use of biogas removed from landfills should not be classified as waste disposal. This article clarifies the features and requirements to produce biogas based on the method of anaerobic digestion. It is proposed to establish special criteria for counting bio-waste as recycled after anaerobic digestion in the Methodology for calculating targets for preparing for reuse and recycling of household waste. The article concentrates on analyzing features of production and use of waste derived fuels (RDF and SRF). Biogenic fractions of household waste are an integral component of these types of fuel, so large-scale use of RDF and SRF can cause anaerobic digestion to slow down. Aspects of the impact of RDF and SRF on air quality and climate are considered. It is shown that the European Union has decided to follow the path of limiting the incineration of waste. Special attention is given to the draft Law of Ukraine of 3 June 2021 No. 5611 «On Amendments to Certain Legislative Acts of Ukraine on Energy Waste Recovery». Conclusions regarding the shortcomings of this draft Law are made. Offers to improve the legal framework for biogas collection from landfills are substantiated. At the legislative level, it is necessary to establish the priority of the energy use of biogas collected from landfills.

ЕТАПИ ФОРМУВАННЯ ПРАВОВОГО РЕГУЛЮВАННЯ ДІЗНАННЯ В УКРАЇНІ

The article analyzes the historical development of inquiry bodies on the territory of Ukraine. It is emphasized that the introduction and functioning of new legal institutions both cause fundamental changes in people's minds and are a consequence of these changes. One of the legal institutions that has significantly influenced the development of legal systems in the world is the institution of pre-trial investigation, including its form - inquiry. Six stages of formation of legal regulation of inquiry in Ukraine are established. It is determined that in antiquity, operational and investigative activities began to emerge, which is primarily traced in religious stories. It is investigated that during the existence of Kievan Rus, the collection "Ruska Pravda" contained many elements of the pre-trial investigation, the responsibility for which was entrusted to the victim. It is determined that during the existence of the Zaporizhian Sich there is a mention of the traditional conduct of inquiries by the military ossuary in cases of conflicts between the Cossacks or their crimes. In the Ukrainian lands, which were part of the Russian Empire, in 1718 began a stage of dynamic development of knowledge. It is concluded that the institute of inquiry in the Russian Empire first appeared in fact, and then received its legal enshrinement in numerous legal acts. It is at this stage of the formation of legal regulation of the inquiry is the separation of inquiry and investigation, the separation of the judiciary from the executive. It is established that the pre-trial investigation, including the institute of inquiry, during the existence of the Ukrainian Soviet Socialist Republic has received a difficult path of development, constantly reforming in search of the optimal model. According to the new criminal procedure legislation of independent Ukraine, inquiry is a form of pre-trial investigation (along with pre-trial investigation) in which criminal offenses are investigated. It is noted that in 2020 the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine in Connection with the Adoption of the Law of Ukraine" On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses "came into force. changes in legislation and the introduction of a relatively new institution of criminal misconduct. The role of investigators in the criminal process and features of the inquiry, which has a special (simplified) nature at the present stage of development of the legal system are analyzed.

ON THE CONCLUSION OF THE SPECIALIST

The article is devoted to the issues of modern legislative regulation regarding the grounds and requirements for the execution of a conclusion by a specialist in criminal proceedings. The scientific works of outstanding domestic and foreign scientists are analyzed and their great contribution to the study of this topic is indicated. Since they conduct a fundamental analysis of the domestic and foreign heritage on this issue, they help to determine the further debatable direction and carry out the subsequent scientific search. Articles of the Criminal Procedure Code of Ukraine and the Criminal Code of Ukraine regarding the requirements for drawing up a written conclusion of a specialist, as well as articles on the responsibility of an expert and a specialist for introducing false information into the conclusion of the study prepared by them, have been carefully researched and analyzed, and the boundaries of the emergence of a certain responsibility are indicated. It is indicated that the expert's conclusion as one of the sources of evidence in the case allows, at the appropriate scientific level, to objectively and fully solve the designated tasks that require the use of special knowledge. The norms of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine in connection with the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses” are analyzed. It is indicated that a written conclusion of a specialist can be obtained to clarify the circumstances of the commission of a criminal offense before entering information into the Unified Register of Pre-trial Investigations. It is also indicated that the conclusion of a specialist is recognized as a procedural source of evidence in criminal proceedings on criminal offenses with the proviso that such a procedural source of evidence cannot be used in criminal proceedings for a crime, except on the basis of a ruling by an investigating judge, which is issued at the request of the prosecutor. A comparative analysis was carried out regarding the content of the conclusions of the expert with the conclusions of the specialist. The general and distinctive positions in the written content of the conclusions of a specialist and an expert are indicated. Key words: specialist, expert, the conclusion of a specialist, the conclusion of an expert, criminal offense.

LEGISLATIVE CHANGES AS A COUNTER “EVERGREEN” PATENTS

First of all, during the elaboration of the topic on the state of intellectual property rights in the pharmaceutical sphere, the report of the European Commission on the situation with the protection of intellectual property in third countries was analyzed, on the basis of which the most common problems were identified. The problem of “evergreen’ patents, which is typical for Ukraine, is taken into consideration and research. In the course of the work the definitions of the terms “original drug” and “generic” are given. The obligatory stages of launching original medicines on the pharmaceutical market were also studied and the reasons for the long duration and high cost of this procedure were noted. In the same context, the reasons for the policy of many countries to support the production of generic drugs were considered. The main attention is paid to finding out the reasons for the emergence of “evergreen” patents and the consequences of their distribution. To confirm the negative impact of the above problem on the state’s provision of a high level of public health, indicators of the cost of medicines and the degree of patient provision were presented. It was noted that the state has taken a step towards solving the problem of “evergreen” patents by adopting the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation”. However, in the course of the work, the effectiveness of some of the provisions of the Law was questioned and their assessment by the European Commission was given. In addition, the adopted Law of Ukraine “On Amendments to Certain Laws of Ukraine on Elimination of Artificial Bureaucratic Barriers and Corrupting Factors in Health Care”, which amended the Laws of Ukraine “On Medicinal Products” and “On Protection of Rights” on inventions and utility models”. Based on the analysis, the introduction of the “Bolar provision” into national legislation was noted, and both its advantages and possible risks were described. On the basis of the conducted researches the conclusions in which the priority direction of a policy of the state concerning regulation of the intellectual property rights in the field of pharmaceuticals is underlined are made.

Scientific approaches to the use of self-seeded forests on agricultural lands of private property in territorial communities

Based on the given data on the level of forest cover in the regions of Ukraine, it was found that forests grow unevenly and, accordingly, this indicator varies from 3.7% in Zaporizhzhia to 51.4% in Zakarpattia Oblasts. It is substantiated that this problem can be overcome through the legal protection of self-seeded forests on privately owned agricultural lands. It was found that most of the problems, shortcomings and gaps in the legislative, economic and political direction related to the use of these lands are settled by the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Preservation of Forests” No. 2321-IX dated June 20, 2022. The concept of self-forested land has been clarified and it has been established that a plot of land is considered to be self-forested, provided that information about the belonging of all its lands to self-forested land is entered in the State Land Cadastre. Studies conducted on the further fate of self-seeded forests within the territories of territorial communities indicate that the preservation of self-forested lands on agricultural lands and natural meadow lands is not always expedient and economically justified in terms of territorial communities in different regions of Ukraine due to their inherent specificities. The facts of the presence of self-forested land plots on the territory of the investigated territorial communities have been established. Accordingly, scientific approaches to their solution are proposed. In particular, it is suggested that with a significant dominance of forest lands in the structure of the community’s land fund, namely, in the case of more than 50% forest cover and the predominance of forest land areas in more than two times over agricultural lands, self-afforestation of agricultural lands on the territory of the community should not be allowed.

Problems of improving the national legislation on labor protection

The article examines the norms of the current and future national legislation in the field of labor protection and the norms of the legislation of the European Union regarding the safety and health of workers at work. It is noted that the national legislation in the field of labor protection today is characterized by certain obsolescence and inconsistency with the normative documents of the European Union in the relevant field. An analysis of the norms of the drafts of the Law of Ukraine “On Safety and Health of Workers at Work” and the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Liability for Violation of the Requirements of the Law on Safety and Health of Workers at Work” prepared by the Cabinet of Ministers of Ukraine is being carried out.
 The analysis of the structure and content of the norms of draft laws shows that the work on the selection and placement of normative material has been properly carried out. The norms of the draft laws correspond to the norms of the Council Directive No. 89/391/EEC and other documents of the European Union in the field of safety and health protection of workers at work.
 Proposals and recommendations for improvement of the specified draft laws are substantiated. It is noted that it is appropriate to use the term “safety and health protection of employees at work” in the title and content of the draft laws, as it is more correctly constructed and more in line with Council Directive No. 89/391/EEC. The author’s definition of the term “safety and health protection of employees at work” is substantiated as a system of measures to prevent and/or reduce the impact of dangerous and harmful production factors, aimed at preserving the life, physiological and psychological functions of the body, and the optimal working capacity of an individual who works at on the basis of an employment contract, at the place of her employment.
 Attention is drawn to the fact that Article 28 of the draft Law of Ukraine “On the Safety and Health of Employees at Work” uses the terms “employees who have recently given birth” and “employees who are breastfeeding”, establishing special measures to ensure safety and health for these categories of employees. At the same time, the main law in the field of labor – the Code of Labor Laws of Ukraine in Chapter XII, dedicated to the protection of women’s labor, does not use these terms, but establishes guarantees, in particular, for women who have children under the age of three, and women who have children aged three to fourteen or children with disabilities. It is emphasized that in Article 28 of the draft law, the last category of female workers is not given attention at all, which is not correct, since they also need special protection. In addition, the specified documents contain norms that are different in terms of content on ensuring the safety and health of female workers. It is proposed to harmonize the relevant norms of Article 28 of the draft law and Chapter XII of the Labor Code of Ukraine.

Place Of Norms On Enforced Disappearance In The Criminal Law System Of Ukraine

The norms of the current Criminal Code of Ukraine are analyzed in the part related to criminal liability for enforced disappearance, as well as draft criminal law norms regarding the implementation of international acts on enforced disappearance. The dual nature of enforced disappearance (as isolated criminal offenses and as a widespread or systematic practice) is explored. Objects affected by enforced disappearance in both of these manifestations have been analyzed.The position is defended and argued, according to which a necessary constructive feature in the composition of enforced disappearance is «leaving a person without the protection of the law.» The lack of this feature in the text of the current Article 146-1 of the Criminal Code of Ukraine, as well as in the text of Art. 442-1, by which the code can be supplemented (provided the signing of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Implementation of International Criminal and Humanitarian Law»), as well as in the text of the relevant articles of the Draft Criminal Code (developed by the Working Group on development of criminal law of the Commission on Legal Reform). A conclusion is drawn on the need to include this constructive feature in the text of the national criminal law on enforced disappearance and on the need to place it in Chapter XVIII of the Special Part of the Criminal Code of Ukraine.

ВПЛИВ РІШЕНЬ ЄВРОПЕЙСЬКОГО КОМІТЕТУ СОЦІАЛЬНИХ ПРАВ НА ЗМІСТ НОРМ ТРУДОВОГО ПРАВА

The article is devoted to a study of the influence of the decisions of the European Committee of Social Rights on the content of labour law. In particular, the author argues that the decisions of the European Committee of Social Rights have a direct influence on the content of labour law norms, although they have a recommendatory meaning. Since our state has developed a plan of measures to implement the provisions of the European Social Charter, the government reports annually on the implementation of its provisions. The content of these reports demonstrates the changes that have already been made to existing legislation concerning employees' labour rights and those planned to be made in the near future. There is an urgent need to prohibit the employment of people under the age of 15 in view of the international obligations that our state has undertaken. It is proposed to amend Article 188 of the Labour Code and amend the third paragraph of Article 188. It is proposed to establish the concept of a light work for minors and a list of related work when improving the draft law «On Amendments to Certain Legislative Acts of Ukraine on Regulation of Domestic Workers' Labour». The author proposes to develop social adaptation programmes for people with disabilities, a compulsory element of which should be the employment of such people, vocational guidance taking into account their capabilities and the needs of the labour market, as well as the establishment of stricter liability for employers for violating the right to work of people with disabilities. It is noted that in order to overcome gender discrimination in employment, it is necessary to establish the characteristics of equal and equivalent work, taking into account the type of tasks undertaken by employees, skills, education and qualification requirements, and to oblige employers to report to the Public Employment Service on differential pay data, as these are the indicators of compliance with Article 20 of the European Social Charter. It is substantiated that the Committee has repeatedly pointed out in its conclusions the importance of transparency in remuneration, the application of the principle of equal pay for work of equal value, formally supported by the Government of Ukraine. Ukraine has approved the State Social Programme for Equal Rights and Opportunities for Women and Men for the period up to 2021. In particular, it provided for improvement of the legal framework, inclusion of a gender component in economic and social development programmes, expansion of the list of statistical indicators differentiated by article, etc. The programme still has not been fully implemented. In addition, the article proposes a ratification of the Additional Protocol to the European Social Charter providing for collective complaints. The European Committee of Social Rights interprets and details the Charter's provisions in its deliberations and thereby gives significance to its decisions. These activities result in a practice of modern implementation of the provisions of this international treaty, which can be used by the signatory countries in their own practice.

ON CRIMINAL LEGAL ADEQUACY OF CRIMINALIZATION OF ABUSE IN WHOLESALE ENERGY MARKETS

The article is devoted to a critical analysis of the decision of the Verkhovna Rada of Ukraine to supplement the Criminal Code of Ukraine with two new articles 222-2 and 232-3, as a result of which scientifically based conclusions were made about the social conditionality of these changes, in particular, their compliance with such a principle of criminalization as the principle of criminal - political adequacy of criminalization. In particular, based on the results of writing the article, the erroneousness of the method of improving the criminal legislation chosen by the parliamentarians and embodied by the Law of June 19, 2020 “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Attracting Investments and Introduc­tion of New Financial Instruments” was proved. It is pointed out that in Ukraine at the legislative level (by the Law of November 15, 2011 “On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Responsibil­ity for Offenses in the Sphere of Economic Activity”) it was clearly fixed (by excluding Articles 228 and 230 of the Criminal of the Code of Ukraine) a provision on the inexpediency of crimi­nal law regulation of relations in the field of compliance with competition law. At the same time, it is noted that the aforementioned Law of June 19, 2020 introduces two new norms into the system of Section VII of the Special Part of the Criminal Code of Ukraine “Criminal offenses in the field of economic activity” (Articles 222-2 and 232-3), which impor­tantly, without a single justification for this step, criminal liability is established for individual manifestations of anti-competitive actions in only one area - in the wholesale energy markets. Taking into account the above arguments, a general conclusion is made that when supple­menting the Criminal Code of Ukraine with articles 222-2 and 232-3, the principle of criminal-political adequacy of criminalization was grossly violated.

Agricultural land market in Ukraine

Land resources are not only one of the main natural resources, but also the most important factor in the economic development of the country. With the opening of the market for agricultural land, this resource has become expensive. The moratorium on land sales, which lasted for about 20 years, did not allow citizens to freely dispose of their land rights. But with the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Circulation of Agricultural Land» from 31.03.2020 № 552–IX, this right was allowed. In this article, we analyzed the market of expropriated agricultural land for one hundred days and 6 months from the beginning of its introduction. The information base was provided by domestic laws and regulations on the economics of nature management, environmental protection, materials and reports of the State Statistics Service of Ukraine, the State Service for Geodesy, Cartography and Cadastre of Ukraine. We also used statistical and comparative research methods. Land reforms in Ukraine began with the beginning of independence and continue to this day. After the adoption of the above-mentioned Law, a new stage of land reform began in Ukraine. In the first hundred days, most land plots were expropriated and registered in Kharkiv and Kyiv oblasts, and the smallest — in Luhansk and Donetsk oblasts. At the same time, the largest area of expropriated plots was registered in Kirovohrad and Kharkiv oblasts, and the smallest — in Chernivtsi and Ivano-Frankivsk oblasts. The most expensive land was in Kyiv and Kharkiv oblasts, and the cheapest — in Chernivtsi and Zakarpattia oblasts. All this is explained by the fact that in Kharkiv, Kyiv and Kirovohrad oblasts chernozem soils predominate, which have a high humus content and, accordingly, a higher price, in Chernivtsi and Zakarpattia oblasts sod-podzolic and brown earth soils predominate, which are less fertile, accordingly, the price is lower. Chernozem soils also predominate in Luhansk and Donetsk oblasts, but due to the temporary occupation of these oblasts, the number of expropriated land plots is smaller and cheaper than in other oblasts. In seven months, the situation on the land market has not changed. This indicates that the land market operates in Ukraine.

PROBLEMS OF RESPONSIBILITY IN MODERN UKRAINE FOR COLLABORATIVE ACTIVITIES

The article examines the problems of responsibility in modern Ukraine for collaborative activities. It is noted that today these problems are of particular importance in Ukraine, given the ongoing occupation of part of its sovereign territories, which occurred with the beginning of Russian aggression, combined with the use of hybrid methods of warfare. It is noted that the adoption of laws on collaboration has not been decided for a long time, and only a large-scale armed invasion of Ukraine, during which (war) a large bet was made to persuade Ukrainian citizens to collude with the aggressor, accelerated the adoption of these laws. Responsibility for collaborative activities was introduced by the laws of Ukraine of 03.03.2022 № 2108-IX «On Amendments to Certain Legislative Acts of Ukraine on Establishment of Criminal Liability for Collaborative Activities» and of 14.04.2022 № 2198 «On Amendments to the Criminal and Criminal Procedure codes of Ukraine on improving the responsibility for collaboration…». It is established that the laws introduced 8 types of collaboration activities into the Criminal Code of Ukraine. Emphasis is placed on the special public danger of activities in the public sphere, as these are intentional activities committed to harm the national security of Ukraine. In addition to criminal liability, the Verkhovna Rada of Ukraine, by adopting the Law of Ukraine of 03.03.2022 № 2107-IX «On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Liability of Persons Carrying Out Collaborative Activities», introduced restrictions on certain activities for persons , who have a criminal record for committing a criminal offense against the foundations of national security of Ukraine, provided for in Article 111-1 of the Criminal Code of Ukraine, which is not repaid or removed in the manner prescribed by law.

СПІВРОБІТНИЦТВО ПРОКУРАТУРИ УКРАЇНИ З МІЖНАРОДНИМ КРИМІНАЛЬНИМ СУДОМ

The article includes the analysis of the draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Cooperation with the International Criminal Court" dated by October 5, 2017 No. 7179, decisions of the Verkhovna Rada of Ukraine: On the Statement of the Verkhovna Rada of Ukraine dated by February 25, 2014 No. 790-VII and Resolution of the Verkhovna Rada of Ukraine dated by February 4, 2015 No. 145-VIII, which marked the actual start of cooperation between the Prosecutor's Office of Ukraine and the International Criminal Court before the relevant changes were made to the Criminal Procedure Code of Ukraine. The norms of Section IX-2 of the Criminal Procedure Code of Ukraine regarding the specifics of cooperation with the International Criminal Court are analyzed. The purpose of the article is to determine the actual beginning of the cooperation of the Prosecutor's Office of Ukraine with the International Criminal Court, the main decisions of the Verkhovna Rada of Ukraine and the decisions of the International Criminal Court that led to such cooperation and to analyze the norms of the Criminal Procedure Code of Ukraine, which regulate the peculiarities of cooperation with the International Criminal Court and determine the main subjects during investigation and trial. Special scientific and general scientific methods were used to achieve the stated goal: the method of scientific knowledge, the comparative legal method, the method of system analysis, the dialectical method. The article focuses attention on Resolution No. 145-VIII of the Verkhovna Rada of Ukraine dated by February 4, 2015, which instructed the Cabinet of Ministers of Ukraine and the General Prosecutor's Office of Ukraine to collect the necessary materials and an appropriate evidence base for the application to the International Criminal Court. Peculiarities of cooperation of the Prosecutor's Office of Ukraine, the Office of the Prosecutor General with the International Criminal Court and international cooperation during criminal proceedings under the Criminal Procedure Code of Ukraine are investigated. The main subjects of procedural cooperation with the International Criminal Court and the forms of appeal of the International Criminal Court to the Office of the Prosecutor General are determined. The specifics of choosing a preventive measure of detention and detention of a person wanted or in respect of whom the International Criminal Court has received a request for temporary arrest or for arrest and transfer are highlighted.

Державне регулювання оплати праці: світовий досвід, порівняння та можливості реалізації

The purpose of writing the article is to analyze the nature of the transformation of governmental regulation of wages both in the world and in Ukraine in epidemiological conditions. In the vast majority of countries, there is currently a profound transformation of governmental regulation of remuneration at the macro level. The Ukrainian labor market is also gradually adapting to changes, innovations and modern socioeconomic realities. For example, the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus disease (COVID-19)» was adopted as a kind of reaction of the State to the need for changes in the field of remuneration. To compare the results of the State’s policy in the field of remuneration, as well as the relationship between social partners in the context of the COVID-19 pandemic, the average monthly wage in 2019-2021 can be used. It should be noted that not always the growth of average monthly wages indicates the economic growth of the country. The main indicator of the country’s economic development is gross domestic product (GDP). The coronavirus pandemic, quite naturally, had a negative impact on the economies of countries – in most countries there is a decrease in GDP. Ensuring growth of wages in these conditions is an indicator of strong social policy and/or social and labor relations in the field of labor remuneration. By means of social policy in the country, the State regulates the minimum wage. Most countries have increased the minimum wage to stabilize labor incomes during the pandemic. The main instrument of the State’s influence on wages in Ireland, Germany, Norway, Finland and the United States during this period is the provision of temporary subsidies for wages, which are introduced to save jobs and support the income of employees. Also, the experience of governmental regulation of wages in developed countries during the pandemic includes payment of subsidies to employers, tax crediting, and reduction of the tax rate. At the same time, the implementing of foreign practices in the field of remuneration requires taking into account Ukrainian realities.