Code Of Ukraine Research Articles

LAW ENFORCEMENT OF CERTAIN PROVISIONS IN CASES OF RELEASE FROM CRIMINAL LIABILITY

The article is devoted to the study of the application of certain provisions in cases of exemption from criminal liability.
 It is stated that the issue of law enforcement of the investigated provisions in cases of exemption from criminal liability is relevant, not only from the standpoint of implementing the basic principles of criminal punishment, but also from a praxeological standpoint of application of relevant relevant provisions of criminal law. It is established that the provisions on the release of a person from criminal liability are determined by Articles 44 – 49 of Section IX of the Criminal Code of Ukraine.
 It is proved that exemption from criminal liability is a refusal of the state to apply to a person who has committed a crime, statutory restrictions on certain rights and freedoms by closing a criminal case carried out by a court in cases under the Criminal Code of Ukraine in accordance with the Criminal Procedure Code Of Ukraine (Resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 № 1 "On the practice of application by the courts of Ukraine of the legislation on release of a person from criminal liability"). It is also established that a person who has committed a criminal offense is released from criminal liability: a) only in cases provided by the Criminal Code of Ukraine; b) such exemption from criminal liability occurs only in cases provided by this Code; c) such dismissal is carried out exclusively by a court (Article 44 of the Criminal Code of Ukraine).
 Exemption from criminal liability is characterized by the following features: a) it does not involve state conviction of the person who committed the crime (conviction is not passed); b) no punishment is applied to the perpetrator; c) due to the absence of a conviction, a person released from criminal liability is considered to have no criminal record.
 It is proved that the general part of the Criminal Code of Ukraine provides, in particular, for the following cases of release of a person from criminal liability: in connection with effective repentance (Article 45); in connection with the reconciliation of the perpetrator with the victim (Article 46); in connection with the transfer of a person on bail (Article 47); in connection with a change of circumstances (Article 48); in connection with the expiration of the statute of limitations (Article 49). At the same time, a detailed consideration of the above cases allowed us to explore important aspects and features of their implementation.

ACHIEVEMENTS AND PROSPECTS LEGAL OPINION AND LEGISLATION OF UKRAINE IN THE FIELD OF LABOR PROTECTION

The article is devoted to the achievements and prospects of legal thought and legislation of Ukraine in the field of labor protection. The study of achievements and prospects of legal thought and legislation of Ukraine in the field of labor protection is based on both general scientific and special legal methods of scientific knowledge. In retrospect, a digest of the main regulations in the field of labor protection, in particular: the Labor Code of Ukraine in the field of labor protection, as well as other legislative acts of Ukraine («On Labor Protection», «On compulsory state social insurance»).A review of legal research in the field of labor protection, presented by the leading scientific centers of our country, in particular, Kyiv, Kharkiv and Odessa schools of labor law. It is believed that at the beginning of the third millennium the range of problems of legal research in the field of labor protection has significantly expanded. Therefore, it was stated that the Ukrainian scientific community has made many steps forward in this area of labor law, in particular, on labor protection. At the same time, the latest comparative legal research in the field of labor protection is promising. After all, comparative legal research in the field of labor protection: will direct to compare the same or similar legal rules of the analyzed countries in the field under study; identify patterns and trends in the development of such legal rules; can be a «platform» for the introduction in Ukraine of the best legislative experience of foreign countries in this area. Many current legal issues in the field of labor protection require a «fresh» conceptual understanding, new legislation in the field of labor protection – theoretical justification, and the conclusions and recommendations of scientists – the implementation of Ukrainian legislation in this area.

The regional distribution features of traffic safety or transport operation rules violations by persons who drive vehicles (Article 286 of the Criminal Code of Ukraine)

The article is devoted to the regional peculiarities of the distribution of violations of traffic safety rules or operation of transport by persons driving vehicles (Article 286 of the Criminal Code of Ukraine). It is established, that the most criminally affected by violations of traffic safety rules or operation of transport by persons driving vehicles, in absolute terms, include: (1) Dnipropetrovsk region, (2) Odesa region, (3) Kyiv region, (4) Kharkiv region, (5) Lviv region, (6) Kyiv, (7) Donetsk region, (8) Zaporizhia region, (9) Zhytomyr region, (10) Rivne region. The most criminally affected regions of Ukraine in terms of population include such regions as: Rivne region (crime intensity rate per 100 thousand population - 55.10), Kyiv region (50.28), Volyn region (47.64), Chernihiv region (44.83), Mykolaiv region (43.54), Poltava region (39.36), Vinnytsia region (38.90), Odesa region (38.52), Zhytomyr region (36.47) and Kherson region (36.47). The safest regions were: Luhansk region (9.90), Donetsk region (16.15), Kyiv region (23.33), Khmelnytsky region (28.39), Sumy region (28.53). Regions-leaders in the number of violations of traffic safety rules or operation of transport by persons driving vehicles (Article 286 of the Criminal Code of Ukraine)per 100,000 vehicles were Volyn region (271.43), Vinnytsia region (199.22), Rivne region (148.92), Chernihiv region (127.20), Transcarpathian region (126.15), Mykolaiv region (124.08), Zhytomyr region (110.98), Kyiv region (107.40), Chernivtsi region (106.22), Kherson region (105,56). The regions with the lowest number of these criminal offenses per 100,000 vehicles were: Luhansk region (38.05), Cherkasy region (57.96), Donetsk region (70.36), Dnipropetrovsk region (73.76) and Kyiv (49.79). It is hypothesized, that the regional peculiarities of the distribution of violations of traffic safety rules or operation of transport by persons driving vehicles are comprehensively influenced by the population of the region, the number of available vehicles, freight and passenger traffic, road length, the region's expenditures on road improvement, crossing the region with international and national highways of national importance

Financial reporting as an instrument of anti-crisis management

The article considers fnancial reporting as a tool of crisis management, taking into account the innovations of current legislation (Code of Ukraine on bankruptcy procedures, 2018) and the high level of unproftability of economic entities and its inability to ensure the effectiveness of fnancial and economic activities. The purpose of the study is to summarize the main provisions of the preparation and submission of fnancial reporting in accordance with national and international standards and to justify its mandatory use in crisis management of economic entities. The methodological basis of the study is the fundamental principles of theory of fnance and fnancial management. Monographic method, theoretical method, method of comparative analysis, tabular method were used achieve the objectives of the study. The conceptual bases of business entities fnancial reporting in accordance with the national and international standards are defned on the basis of certain criteria (regulatory support, essence, composition, principles of formation). The balance sheet is a leading source of information for the analysis of non-current and current assets, receivables and payables, investments and innovations along with the liquidity and fnancial stability indicators. The income statement is a leading source of information for the analysis of production costs and proftability. Defciencies of the current system of methodological support for the analysis of the fnancial and economic condition of economic entities comprise the lack of integration of orders of the Ministry of Justice of Ukraine with the current forms of fnancial reporting. Guidelines for identifying signs of insolvency and signs of actions to conceal bankruptcy, fctitious bankruptcy or bankruptcy as of January 19, 2006 № 14 to the provisions of National regulation (standard) of accounting 1 have been adapted in order to improve the information support of the analysis of fnancial and economic condition of economic entities in the context of crisis management. Key words: crisis management, bankruptcy, insolvency, fnancial reporting, national regulations (standards) of accounting, international fnancial reporting standards.

On the definition of the concept «criminal offense»

The article is devoted to general problems of inconsistency of national legislation in terms of terminology and interpretation of some key concepts of criminal law.
 The shortcomings of the law on criminal liability can have catastrophic consequences for a number of actors: offenders, victims, pre-trial investigation bodies, judges, etc.
 One of the most discussed issues in scientific and practical circles is the novella of the Criminal Code of Ukraine, which from July 1, 2020 introduced into law enforcement the term «criminal offense» as a collective in relation to the terms «crime» and «criminal offense». The main reason for this was the exceptional workload of investigators, prosecutors and judges with small criminal cases. Accordingly, they are planned to be considered in a simplified format of inquiry. This step is certainly justified, but it has led to the need for a comprehensive revision and amendment of terminological amendments to a number of regulations, which, in turn, have led to a large number of both internal and external inconsistencies.
 In accordance with the new versions of Articles 11 and 12 of the Criminal Code (hereinafter – the Criminal Code) of Ukraine, the concept of «criminal offense» is introduced, criminal offenses are divided into criminal offenses (hereinafter – misdemeanors) and crimes; a misdemeanor differs from a crime only formally - by punishment: it cannot provide for imprisonment, and the fine for a misdemeanor cannot exceed three thousand non-taxable minimum incomes. Therefore, Article 11 of the Criminal Code of Ukraine states that a criminal offense is a socially dangerous criminal act (action or omission) committed by the subject of the criminal offense.
 In the end, misdemeanor and crime are almost indistinguishable: like crime, misdemeanor is a socially dangerous crime; like a crime, a misdemeanor entails a criminal record; guilt in both the crime and the mis- demeanor must be established by a court conviction. Nevertheless, the procedure for pre-trial investigation and trial of misdemeanors, according to Law №2617-VIII, differs significantly from the similar procedure for crimes. In accordance with the provisions of Articles 38, 40-1, 71, 214, 219, 298-3, 298-4, 300 of the Criminal Procedure Code (hereinafter - CPC) of Ukraine, such a form of pre-trial investigation as the inquiry acquires a new meaning - for pre-trial investigation of misdemeanors.

Terms applicable during recognition of debtor’s laws invalidity in bankruptcy procedure

The Code of Ukraine on Bankruptcy Procedure (hereinafter – the Code of Bankruptcy) has newly regulated a number of institutions of insolvency law (bankruptcy), including changes affecting the institution of invalidation of the debtor’s transactions. Article 42 of the Code of Bankruptcy provides for the grounds on which transactions entered into by the debtor after the opening of bankruptcy proceedings or during the three years preceding the opening of bankruptcy proceedings may be declared invalid by the commercial court within the bankruptcy case.
 The purpose of the article is to reveal the peculiarities of the application of deadlines in declaring the debtor’s transactions invalid in the bankruptcy case, identify problematic aspects that arise during the application of the statute of limitations and “suspicious period” in the bankruptcy case, identify common and distinctive features of these deadlines.
 According to the results of the study, the author concludes that considering cases of invalidation of the debtor’s transactions in the bankruptcy case, the Commercial Court applies both the general provisions on statute of limitations under civil law and a special three-year period under Art. 42 of the Code of Bankruptcy. The term provided by Art. 42 of the Code of Bankruptcy, which in the theory of the tender process is called the “suspicious period”, at first glance, may resemble the statute of limitations, but differs significantly from it. First, the statute of limitations is the period of time allowed to a person to go to court to protect his violated right, and the “suspicious period” determines the period of time during which the commercial court evaluates the debtor’s transactions in terms of good faith and solvency. the debtor. Secondly, the beginning of the limitation period is the moment when a person learned or could have learned about the violation of his right, while the key to counting the period of “suspicious period” is the date of the opening of bankruptcy proceedings. Third, the statute of limitations under certain conditions may be interrupted, suspended, renewed, while the three-year period provided for in Art. 42 of the Code of Bankruptcy, is curtailed, clearly defined, and is not subject to renewal.

Some issues of legal regulation of requisition in Ukraine

Property rights in Ukraine are guaranteed both at the level of the Constitution of Ukraine and at the level of many other legislative acts. Proper legal regulation of this legal institution has become the key to the economic development of our state and the preservation of its potential. The Civil Code of Ukraine, as the main act of the civil legislation, has paid the special attention to the regulation of property relations. At the same time, both the grounds for acquiring the right of ownership and its termination are the subject to effective settlement in the conditions of European integration processes, and in the modern period the issues of requisition has become especially relevant.
 Requisition is a way to terminate the ownership of property (including land) in case of natural disasters, accidents, epidemics, epizootics, martial law or state of emergency and other emergencies for reasons of public necessity and is both a way of creating the exclusive right of state property. The legislation of Ukraine also has defined the compulsory alienation of property and confiscation of property: compulsory alienation of property – is the deprivation of the owner of the right to individually determined property in private or communal ownership and which becomes state property for use in martial law or state of emergency previous or subsequent full reimbursement of its value; confiscation of property – is the deprivation of state enterprises, state economic associations of the right of economic management or operational management of individually determined state property for the purpose of its transfer for the needs of the state under the legal regime of martial law or state of emergency. By their purpose, all the procedures described above mediate a common goal – the provision of property for the needs of the state under the legal regime of martial law, state of emergency or other extraordinary circumstances.

On the issue of resolving labor disputes in court

The article, based on the analysis of scientific views of scientists and current legislation of Ukraine, considers the current state of legal regulation of labor disputes in court, as there are many issues related to determining the jurisdiction of the court in such disputes. Because the current state of legal regulation of the procedure for consideration and resolution of labor disputes in court does not fully meet the requirements of real protection of participants in labor relations, and especially the employee. Therefore, effective legal mechanisms are needed for labor disputes to be resolved by a competent jurisdiction in strict accordance with the law, based on the established facts of the case. Attention is drawn to the importance of the Supreme Court’s legal position in resolving labor disputes, as the current Labor Code of Ukraine, as well as the state of all labor legislation in Ukraine, is outdated, not fully consistent with modern and dynamic labor relations. Due to the legal positions of the Supreme Court, gaps in labor law are filled, a single national case law is formed, as it is important to protect both sides of labor relations - employer and employee, to maintain an equal balance of protection of their interests in a market economy. It was noted that issues related to the resolution of labor disputes related to the determination of court jurisdiction could have been avoided if the current labor legislation of Ukraine was not deprived of a special rule that would regulate issues of judicial jurisdiction. Therefore, the new Labor Code of Ukraine should take into account the case law of the European Court of Human Rights and specialized (labor) courts of the European Union to regulate the issue of judicial jurisdiction, providing a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction. protection of labor rights.

Conceptual series - virtual actives

The article conducts a study of the terminology apparatus, which is applied to the latest technologies that are currently actively used on the Internet as elements of «e-commerce», and have a common generalizing name – cryptocurrency. In order to comply with the provisions of paragraph 1 of Section VI of the Law 2074 and to implement the Law of Ukraine No. 2074-IX, the Supreme Rada of Ukraine on 13.03.2022 registered draft law No. 7150 with amendments to the Tax Code of Ukraine. Currently, in Ukraine, the virtual asset market is actually already formed and exists for about five years, but is completely outside the legal framework of the state. primary financial monitoring of measures to combat the legalization of funds obtained by criminal means, terrorist financing and proliferation of weapons of mass destruction. The newest terminology apparatus is considered, in that case in the legal field of Ukraine, from the point of view of etymology and the content of their concept - thereby defining their suitability as a modern legal definition. According to the results of the study, it was concluded that in Law 2074 the leading legal definition of a «virtual asset», firstly, does not express the field of its application, as to a greater extent – financial; secondly, it does not correspond to the well-appointed definitions of the component word «asset»; Thirdly, in its natural essence has features inherent in the term – technology. In this regard, we consider it more expedient in Law 2074 to adopt the name of the main legal definition as virtual financial technologies or digital financial technologies.

Legal support of budget investment: directions of improvement

The need to introduce modern financial instruments in the development of Ukraine’s economy requires the organization and legal support of various forms of investment activity. State support for investment activities is based on budget investments and is carried out on the basis of budget legislation, but the practice of budget investment shows inconsistencies and inconsistencies in terminology, forms and tools of legal regulation of investment activities. The Government of Ukraine has determined that strong investment activity in Ukraine requires consideration and implementation of modern regulations.
 It is emphasized that there is no concept of “investment budget” in the current legislation, inconsistencies in the legal mechanism of their implementation, as well as analysis of the economic situation in some countries with different levels of gross product. low-income countries, the efficient use of public investment is problematic. It is established that budget investments have a special financial and legal nature, are regulated by financial and legal norms and a definition is provided. The features of budget investments as a powerful tool of state regulation of investment activities are identified and it is determined that the efficiency of investment depends on the economic justification of budget investment and legal support.
 It is proved that the improvement of public investment activity is possible through the use of modern financial instruments, including budget investment, which is implemented by allocating funds accumulated in budgets for specific purposes. It is noted that the effectiveness of budget investment depends on a clear targeting of budget funds, their sufficient volume, the procedure established by law and the powers of investment entities. It is determined that the introduction of budget investment requires amendments to the Budget Code of Ukraine, in particular Art. 2 “Definition of basic terms”. It is proposed to involve local governments and the public in investment activities. The author’s definition of «budget Investment» is offered.

Criminal law novel about justifying the armed aggression of the russian federation against Ukraine (article 436-2 of the Criminal Code of Ukraine): law enforcement and law-making problems

Purpose. Critical reflection on the criminal law novel provided for by Art. 436-2 of the Criminal Code of Ukraine, the results of which should be: firstly, recommendations are proposed for resolving those debatable issues, the presence of which can cause the greatest difficulties in the law enforcement process; secondly, the shortcomings inherent in the analyzed norm were identified and proposals were made for their elimination. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. Philosophical, general scientific and specifically scientific methods were used to cover the relevant issues. In particular, the method of system-structural analysis was used both in the study of the links of the criminal law prohibition under consideration with the legal system of Ukraine as a whole, and with other norms and institutions of the General and Special Parts of the Criminal Code of Ukraine. The author used the formal-logical (dogmatic) method in interpreting the relevant norms of the Criminal Code of Ukraine. Based on the results of writing the article, recommendations were formulated aimed at improving the criminal legislation and optimizing law enforcement practice. The scientific novelty lies in the fact that the study made it possible to formulate specific recommendations for resolving conflicts between Part 1 of Art. 111-1 and Art. 436-2 of the Criminal Code of Ukraine, as well as for the first time to voice proposals to improve the structure of Art. 436-2 of the Criminal Code of Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in rule-making activities to improve the criminal legislation of Ukraine on countering the crimes under study, as well as in research activities and the educational process - as the basis for further scientific research on the problems of criminal liability for the commission of criminal offenses under consideration.

СТАНОВЛЕННЯ ТА РОЗВИТОК ІНСТИТУТУ ЕЛЕКТРОННОЇ ПОДАТКОВОЇ ПЕРЕВІРКИ СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ В УКРАЇНІ

The article clarifies the issue of the formation of electronic document management under the laws of Ukraine. Peculiarities and problems of providing electronic services to economic entities through the electronic office of the taxpayer are considered. Attention is paid to the ways in which the taxpayer interacts with the controlling authority by electronic means of communication. The essential features of the electronic tax audit, which is carried out based on the application of the business entity as a taxpayer, have been identified. The stages of introduction of electronic tax audits in Ukraine have been clarified. The procedure for providing electronic documents at the request of the controlling body by an economic entity that is a large taxpayer is considered. Emphasis is placed on the general requirements for the provision of electronic documents in electronic form by such taxpayers during the documentary audit. Based on the analysis of the legislation of Ukraine, it is concluded that it does not define the terms “electronic audit” and “electronic tax audit”. To solve this problem, it is proposed to add their definitions in Article 1 of the Law of Ukraine “On Auditing Financial Reporting and Auditing” and Article 14 of the Tax Code of Ukraine, as well as the author's definition of “electronic tax audit”. The analysis of changes in the legislation of Ukraine and the experience of the European Union member states clarifies the features and problems of using the standard audit file (SAF-T) in the electronic tax audit of taxpayers. Attention is drawn to the need to regulate the procedure for conducting electronic tax audits in legislation and to develop a Standard for conducting this type of audit. It is proposed to make other changes to the legislation of Ukraine to protect the rights of economic entities when providing them with electronic services in the field of taxation.

Civil legal aspect of distinction of loan agreement from other types of agreements (loan, gift, rental of vehicle, housing, rental agreement, commercial concession)

Contracts aimed at the transfer of property for use are diverse. Each of the incoming contract types has its own specifics due to certain systemic features (free use - a sign of gratuitousness, renting housing - subject and subjective features of legal relations, commercial concession – a sign of the subject). Accordingly, the internal classification of contracts aimed at the transfer of civil rights to temporary use can be made consistently on several grounds. All contracts on the basis of subject can be divided into contracts aimed at the temporary use of property (rent (lease) of a vehicle, housing, rental, loan), and contracts aimed at the temporary use of objects of exclusive rights (commercial concession). Within the framework of agreements aimed at the transfer of property for use, on the basis of payment are paid (rent (lease), rental, rental of housing, vehicle) and free (loan agreement).
 The author concludes that gratuitousness is an essential feature for a loan agreement, as well as for a gift agreement. It is determined that the sign of gratuitousness may follow from the essence of the relationship between the parties. In particular, it is expressed in certain actions, especially if previously such actions were free of charge. Speaking of gratuitousness, however, it cannot be concluded that this agreement has no property interest for the lender. Sometimes this is true, and sometimes property interest still takes place.
 It is proved that the loan agreement is combined with those types of lease, the systemic features of which do not contradict the factor of gratuitousness (vehicle loan, home loan, capital construction).
 It is proposed to make corrections to Part 3 of Art. 827 of the Civil Code of Ukraine on the possibility of applying the provisions of Chapter 58 of the Civil Code of Ukraine (Lease Agreement), as well as proposed additional Article 837-1 of the Civil Code on liability under the loan agreement.
 With the analysis of the outlined problem, it is concluded that for the loan agreement the sign of gratuitousness is decisive, which gives grounds to distinguish the loan from other types of civil law agreements.

Specific features of property rights succession encumbered by real estate mortgage

The author of the article has defined specific features of property rights succession encumbered by real estate mortgage. It has been substantiated that inheritance relations significantly affect real estate mortgage obligation, which is, first of all, manifested in the narrowing of legal opportunities to apply the general procedure of vindication on real estate mortgage’s subject matter, and secondly, in additional grounds for terminating real estate mortgage not provided by the special law. It has been proved that real estate mortgage is terminated in case of the creditor’s non-observance of the application terms to the debtor’s lawful heirs under the main obligation established in the Art. 1281 of the Civil Code of Ukraine. Termination of bail relations in the field of inheritance law under the rules of Part 1 of the Art. 523 of the Civil Code of Ukraine is associated with a set of the following conditions: the death of the debtor under the main obligation secured by real estate mortgage; acceptance of the assets by the debtor’s lawful heir in the manner and terms specified by civil law; the property guarantor did not agree to ensure the fulfillment of the obligation by the new debtor – the lawful heir; the property guarantor is not the debtor’s lawful heir. It has been argued that the specified features do not indicate about narrowing the legal opportunities of the creditor and do not violate the balance of interests of the mortgage holder and the debtor’s lawful heirs. The law enshrines sufficient terms for the creditor to file claims against the debtor’s lawful heirs. Such terms are calculated not from the time of commencement of succession, such as the term for acceptance of an inheritance, but from the date when the lawful heir receives the certificate on inheritance right for all or part of the inherited property, regardless of the due date or from the date when the creditor becomes privy to the acceptance of an inheritance or about the receipt of the certificate on inheritance right by the heir. Besides, the creditor may directly seek to the lawful heirs who accepted the inheritance, and to the notary (official of the local self-government agency, consul). Moreover, if the heir who accepted the inheritance has no certificate on inheritance right, it does not deprive the ancestor’s creditor of the opportunity to apply to the lawful heir, who delays in obtaining the certificate, with claims to levy of execution on inherited property, which is the subject matter of real estate mortgage.

On the problem of criminal law protection of state symbols: Ukrainian and foreign experience

The article reveals the problem of Ukrainian and foreign state symbols criminal law protection considering domestic and world practice. The relevant norms of criminal laws of the Russian Empire, USSR and Poland, which were in force in the Ukrainian lands in the XIX-XX centuries, have been examined. An analysis of domestic judicial practice in criminal cases related to the abuse of state symbols has been done. It has been illustrated that Ukrainian law enforcement agencies do not always correctly determine the nature of this crime. That is due to the lack of constitutional laws enshrining the system of state symbols of Ukraine, as well as gaps in legal regulation, in particular in the aspect of criminal protection of the European Union flag as membership in this organization is a strategic foreign policy priority of Ukraine. Inter alia, the erroneous legal treatment of individuals’ actions during the protest which took place near the President’s Office on March 20, 2021 as an insult to the State Emblem has been emphasized. The authors also considered solutions of the problem within the framework of a particular legal system – in criminal law of the United States, Germany, France, Spain, Iceland, the United Arab Emirates, Uzbekistan, Japan and other countries. The scientific novelty of this investigation, among other things, is in the examination of both retrospective and prospects of legal responsibility for disrespect of the State language, which is necessary to establish according to the Constitutional Court’s decision on the validity of the Law of Ukraine “On ensuring the functioning of the Ukrainian language as the state language”. However, the authors are inclined to think that this issue should be regulated by administrative law, given the experience of some post-Soviet states. Proposals for amendments to the Criminal Code of Ukraine have been made.

Legal regulation of family relations in Ukraine and the Republic of Latvia: comparative and analytical research

The study seeks to find common and different features in approaches used by Ukrainian and Latvian legislators to regulate family relations, and to suggest how to develop family legislation of Ukraine. For this end, the following methods of scientific inquiry have been used: analysis, analogy, deduction, induction, synthesis, historical and legal, comparative and legal, legal modeling methods. It was found out that the Republic of Latvia lacks some legislative solutions in respect of which Ukraine has law enforcement practice. This study offers to supplement the Family Code of Ukraine with the provision saying that a marriage shall be considered not concluded unless it was registered by a civil registration officer. Considering the Latvian experience, the legislative support for appointing co-guardians in Ukraine has been proven expedient.

Procedural form of consideration of cases on recognition of debtor's laws invalid in bankruptcy cases

The opening of bankruptcy proceedings against a debtor significantly changes both the legal regime of such debtor’s property and the procedure for resolving disputes to which the debtor is a party. In accordance with the principle of concentration of all property disputes in a bankruptcy case, the economic court, which hears such a case, resolves all disputes with the participation of the debtor. An important place among these disputes is occupied by cases of invalidation of the debtor’s transactions.
 The article is devoted to the study of the procedural form of consideration of cases on the recognition of the debtor’s transactions invalid in the bankruptcy case. The author analyzes the concept of economic procedural form and its relationship with the bankruptcy proceedings, examines the characteristics of bankruptcy proceedings and identifies their effect in separate proceedings, which resolve disputes over the invalidation of the debtor's transactions.
 The purpose of the article is to study the procedural form of consideration of cases on recognition of the debtor's transactions as invalid in the bankruptcy case and to highlight the features of consideration of cases on the recognition of the debtor's transactions as invalid within the bankruptcy case.
 Bankruptcy cases are a form of economic process. Therefore, their consideration is carried out not only on the basis of a special act – the Code of Ukraine on Bankruptcy Procedures, but also on the basis of the general provisions of the Economic Procedural Code of Ukraine.
 Based on the results of the study, the author concludes that claims for invalidation of the debtor's transactions in bankruptcy cases are considered in separate proceedings within the bankruptcy case. The decision to consider the claim for invalidation of the debtor's transaction shall be noted by the commercial court in the decision to initiate proceedings in the case.
 It is important to distinguish between participants in bankruptcy proceedings in general and participants in such “mini-proceedings” to challenge the debtor’s transactions – primarily to correctly determine the range of participants in the case and entities entitled to appeal court decisions.

Removal of the right to inherit one of the parents

The article is devoted to the study of the legal status of one of the parents who was deprived of parental rights and removed from the right to inherit. The legal status of the testator's child has been studied. Reasoned proposal on the need for intentional failure of the heirs to fulfill their responsibilities for the maintenance of the testator-child, improper care, failure to provide the necessary assistance and care.
 Disputes over removal from the right to inherit are one of the most common categories of cases heard by courts under the rules of civil procedure. The complexity of this category of disputes is explained by the fact that at the time of the inheritance of the testator-child is no longer alive. Therefore, obtaining information about the circumstances and facts that are relevant to the case, for objective reasons, is difficult. Difficulties also arise when establishing facts of legal significance.
 The correlation of the provisions of the Civil and Family Codes of Ukraine on the grounds and conditions of removal from the right to inherit has been studied. According to Article 164 of the Family Code of Ukraine, evasion of parental responsibilities entails deprivation of parental rights. Thus, the norm of Article 1224 of the Civil Code of Ukraine is natural, which regulates that parents deprived of parental rights are not entitled to inherit by law after the child-heir.
 It is concluded that it is necessary to recognize postmortem children as heirs at law and by will, by making appropriate changes to the civil legislation of Ukraine and give them the right to inherit.It is substantiated that a person's evasion of assistance to a testator in need of assistance is intentional acts or omissions aimed at evading the obligation to provide support and assistance to the testator, ie evasion related to the guilty conduct of a person who was aware of his obligation. language, had the opportunity to perform it, but did not take the necessary action.

Expropriation of undeveloped land of communal property, which is leased. Some aspects

The issue related to the peculiarities of the legal regime of the leased property is considered. We are talking about the possibility of selling communal land plots outside of land auctions, which by law must be carried out by local governments in the case of alienation of land plots free of development to individuals or legal entities.
 This article analyzes the provisions of national legislation such as the Civil Code of Ukraine, the Law of Ukraine "On Land Lease", provides examples of case law of the Supreme Court of Ukraine and the decisions of the Constitutional Court, which regulates this issue.
 In disclosing the provisions of the article, the author pays considerable attention to the term the preemptive right of the tenant, what it is and how it relates to the concept of redemption of land from public auction (land auction).
 The author analyzes in detail the provisions of the Law of Ukraine "On Land Lease", in particular, much attention is paid to the disclosure of the content of articles that directly allow the exercise of the preemptive right to purchase land leased. Thus, a tenant who, in accordance with the law, may own a leased land plot, has a preemptive right to acquire it in the case of sale of this land plot, provided that he pays the price at which it is sold, and in the case of sale at auction - if his bid is equal to the bid that is the largest of the bids offered by the auction participants.
 No less important in this context are the provisions of the Civil Code of Ukraine, which are characterized in this article and reveal the identical meaning of the concepts, which is reflected in the special law on land lease and in Art. 777 of the CCU, on the preemptive right of the lessee to repurchase the thing that he rented. Distinctive are the provisions of civil law, which are also analyzed by the author in this paper, on the identification of things in civil circulation, and which of them may be the subject of land auctions, taking into account Art. 777 CCU. Yes, it is stated that a thing is an object of the material world, in respect of which civil rights and obligations may arise. Immovable property (real estate, real estate) includes land plots and objects located on it, the movement of which is impossible without their depreciation.
 No less necessary in law enforcement is the practice of national courts, which essentially confirms the provisions of Art. 9 of the Law on Land Lease and indicates the possible consequences of overcoming the legal conflict in the application of the Land Code of Ukraine, which prohibits the sale of undeveloped land of communal property outside the land auctions. No less significant is the case law of the European Court of Human Rights, which is cited in this article. According to its content, in order to maintain social justice in society as a component of the public interest, the national legislator may allow the protection of the interests of property tenants by imposing restrictions on the right of its owners to determine the terms of sale of leased property.
 An important circumstance is the avoidance of litigation to challenge the procedure and the outcome of land auctions. In essence, land auctions are a transaction. Thus, given that the alienation of property from public auction refers to purchase and sale agreements, such an agreement may be declared invalid on the basis of civil law on the invalidity of the transaction (Articles 203, 215 of the Civil Code of Ukraine). And invalidating the results of the land auction will not give the tenant effective protection of his preemptive right to repurchase the leased land, but will only continue his efforts to do so. As the author of this article rightly points out.

Concepts and basis of liquidation of legal entities carried out activities in the field of agricultural production

Liquidation of legal entities engaged in agricultural production is one of the ways to cessation of them. The legal regime of liquidation is the legal registration of the irrevocable termination of the legal entity. Their special legal status should be taken into account during the liquidation procedure of agricultural organizations. Such organizations occupy an important place in the system of production, processing and distribution of agricultural products, and thus – in ensuring food security of the state. Therefore, the initiation of the procedure of liquidation of the studied subjects should be carried out taking into account the seasonal nature of agricultural production activities, the need to collect and sell agricultural products, etc.
 The grounds for liquidation should be understood as legal facts determined by law or the constituent document, with which the legislator connects the beginning of the liquidation procedure, ie the adoption of the relevant decision by the authorized person (authority).
 Legitimate grounds for liquidation of a legal entity are regulated by Art. 110 of the Civil code of Ukraine from which instructions it is seen that the legal entity is liquidated: at the will of its participants or the authorized body; on the basis of a court decision on the termination of a legal entity not related to its bankruptcy. The special legislation, which has defined the features of the formation, operation and termination of certain types of agricultural legal entities, has enshrined similar in content provisions. The key basis for voluntary liquidation is the decision of the participants or the body of the legal entity (because in fact the term for which the legal entity was established and the achievement of the purpose for which it was created are "absorbed" by the presence of such a decision). Instead, the grounds for compulsory liquidation are: court decision on liquidation of a legal entity due to violations committed during its creation, which cannot be eliminated, at the suit of the participant of the legal entity or the relevant public authority; by a court decision on the liquidation of a legal entity in other cases established by law – at the request of the relevant public authority.