Code Of Ukraine Research Articles

Peculiarities of liability for refusal to provide public services in Ukraine

The scientific article is dedicated to highlighting the peculiarities of bringing to justice the refusal to provide public services in Ukraine. Administrative liability for refusal to provide public services is the application to persons who have violated not only the procedure of submission and receipt of a certain administrative legal act, but also the procedure of handling the object of high risk, etc., administrative penalties, which entail negative consequences for these persons and are imposed by authorized bodies or officials on the grounds established by the norms of administrative legislation. From this definition we can conclude that the administrative liability for the offense - refusal to provide public services - is divided into: violation of the order of rendering public services; violation of the procedure for obtaining public services; violation of the procedure of handling high-risk objects that are the object of public services. It is emphasized that the administrative responsibility and the mechanism of application of administrative penalties for committing offenses for refusal to provide public services are regulated along with the Code of Ukraine on Administrative Offenses and other normative legal acts. Most of them are by-laws and have departmental orientation, which complicates the process of their implementation. Only an official may be the subject of an administrative offense involving a breach of public service. Officials are subject to administrative responsibility not so much for the violation of certain rules by their own actions, but for the irregularity, failure to enforce these rules by other persons, in particular subordinates. In this regard, the literature proposed to amend the legislation, eliminating the administrative responsibility of officials in the case of direct orders (orders) of the immediate or superior manager without signs of contradiction of the law and if the official took all possible measures to prevent violation of established rules, although in such cases it is possible to speak about absence of guilt of the official. An administrative offense committed by an official is also a disciplinary misdemeanor, since it violates the rules which ensure the performance of his duties. In this case, the presence of the ideal population is recognized by the majority of administrative scientists.

Classification of creditors in bankruptcy case

The article is devoted to the study of the classification of creditors in the case of bankruptcy. Creditors are one of the main participants in the bankruptcy case, because the satisfaction of their monetary claims against the debtor is one of the goals of the bankruptcy process. At the same time, the legal status of creditors in a bankruptcy case is not homogeneous, but depends on many factors – the moment of filing claims against the debtor, the time of obligations, the security of their monetary claims, etc. In this regard, it is urgent to carry out the classification of creditors in the case of bankruptcy. The purpose of the article is to classify creditors in a bankruptcy case in order to determine the peculiarities of the legal position of each group of creditors. Creditors provided for by the Code of Ukraine on Bankruptcy Procedures are divided into: secured and unsecured creditors based on the availability of collateral; at the moment of the requirements – competitive and current. The peculiarities of the legal position of the initiating creditor in the case of bankruptcy of a legal entity are disclosed. It is emphasized that the initiating creditor bears an additional burden regarding the payment of the court fee (which, by the way, the debtor does not pay when applying to the court with a similar statement) and regarding the advance payment of the arbitration manager’s fee. At the same time, even after paying these funds, the initiating creditor does not always receive a result in the form of the opening of proceedings in the case. Since the debtor’s disagreement with the creditor’s demands may indicate a dispute about the right, and this is a reason for refusing to open proceedings. According to the results of the research, the author emphasized that the opening of bankruptcy proceedings significantly affects the debtor, his property, and his creditors. It is proposed to single out such a group of creditors as overdue creditors who have had their claims extended. These creditors belong to forced late creditors, however, unlike other late creditors, they enjoy the rights of those creditors who declared their claims on time.

Political and legal analysis of the mechanisms of providing Ukraine with resources of strategic importance in the context of increasing the national defence potential

This study addresses the critical issue of enhancing Ukraine’s defence capabilities through the efficient management of strategic resources amidst ongoing Russian aggression. The research aims to develop substantiated recommendations for optimizing the legal and political mechanisms that govern the provision of strategic resources to Ukraine. The study employs a formal legal method to analyze key national and international legal frameworks, including the Law of Ukraine “On the National Material Reserve” and the Code of Ukraine “On Subsoil,” focusing on their efficacy in wartime conditions. Also, political analysis, comparative analysis, legislative review and document analysis were used. The research highlights the gaps in existing legislation, particularly in adapting to the needs of martial law and the complexities of interagency coordination. The findings reveal that while Ukraine has established an extensive legal framework for managing strategic resources, significant issues persist in areas such as transparency, interagency cooperation, and bureaucratization. The study advocates for legislative amendments to better suit wartime needs, the implementation of a unified monitoring system, and enhanced international cooperation, particularly with bodies like the UN and World Bank. The conclusions emphasize the importance of Ukraine’s participation in international transparency initiatives and the need to align national legislation with EU standards. Overall, the thesis of this work is the development of substantiated recommendations for optimizing Ukraine’s strategic resource management in the context of war, while the research niche focuses on the analysis of political and legal mechanisms that influence the state’s defence capabilities.

The role of procedure, proceeding and process in administrative and tort relations from the point of view of justice and the activity of public administration bodies

The article analyzes the application of the concepts of ‘procedure’, ‘proceedings’ and ‘process’ in administrative-offense relations with the aim of determining the feasibility of granting courts the authority to consider cases of administrative offenses. The concept of ‘administrative process’ is disclosed in three well-known key aspects, distinguishing its general and specific features. It is determined that the process and proceedings, in a broad sense (as the activity of state bodies in general), are correlated as general and specific. Aspects of the concept of ‘administrative proceedings’ are identified. It is established that proceedings are part of the process, which may be interrupted, change subjects, i.e., the process consists of several proceedings, being their totality. It is proposed to consider proceedings as a certain period of time allocated for the consideration of a specific case. Instead, the procedure is a set of norms and rules regulated by legislation for subjects of any legal order in the understanding of Article 19 of the Constitution of Ukraine and in the context of the new legislation on administrative procedure. The characteristics of administrative procedure are disclosed. It is concluded that the administrative process is universal for any set of proceedings of state bodies, and this concept does not affect further research on the issue of excluding the consideration of cases of administrative offenses from judicial competence. In turn, the introduction by the legislator of the term ‘administrative procedure’ excludes the possibility of equating its rules and norms with judicial proceedings. It is analyzed that judicial procedures are provided for by procedural codes but do not define the specifics of considering cases of administrative offenses. It is determined that the Code of Ukraine on Administrative Offenses does not meet the requirements for modern judicial procedures and is essentially more akin to a regulator of administrative procedure, which constituted the foundation of Soviet heritage. This dissonance is revealed through differences between judicial proceedings in the judicial process and the consideration of cases provided for in the Code of Ukraine on Administrative Offenses, including in decision forms, stages of consideration, etc. It is proposed to designate the consideration of cases of administrative offenses by the court as judicial proceedings and by other bodies as administrative procedure.

NATIONAL LEGISLATION GOVERNING ACCESSIBILITY TO DRIVING VEHICLES FOR PEOPLE WITH DISABILITIES

The analysis of normative legal acts and normative documents in the field of ensuring and implementing the rights and guarantees of persons with disabilities was carried out. Areas of improvement of domestic legislation regulat-ing the issue of accessibility to driving vehicles for persons with disabilities have been determined. National legal acts and normative documents related to the mentioned sphere can be divided hierarchically and by types as follows: Constitution of Ukraine; international treaties of Ukraine (conventions, multilateral and bilateral agreements, protocols); codes of Ukraine; laws of Ukraine; acts of the President of Ukraine (decrees); acts of the Cabinet of Ministers of Ukraine (resolutions, orders); acts of ministries and other central executive bodies (orders); acts of local state admin-istrations and local self-government bodies (orders, orders, decisions); normative documents (international, regional and national standards). The formation and implementation of state policy regarding persons with disabilities, including in the part related to the issue of their accessibility to driving vehicles, is carried out on the basis of the norms of the Constitution of Ukraine; Con-vention on the rights of persons with disabilities; laws of Ukraine, in particular “On the basics of social protection of the disabled in Ukraine”, “On the rehabilitation of the disabled in Ukraine”, “On social services”; National strategy for creat-ing a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 14, 2021 No. 366-р; Action plan for 2023-2024 for the implementation of the National Strategy for the creation of a barrier-free space in Ukraine for the period until 2030, approved by the order of the Cabinet of Ministers of Ukraine of April 25, 2023 No. 372-р; and other legal acts. Keywords: barrier-free, accessibility, legislation, driving a vehicle, a person with a disability.

Criminal influence in information security crimes and the establishment or dissemination of criminal influence as a criminal offense against public safety: ratio problem

Scientific article devoted to the study of the concept of «criminal influence» in its various criminal law meanings. The subject of the author's scientific interest is the relationship between the concept of "criminal influence" as a component of complicity - in the commission of a criminal offense by prior conspiracy by a group of persons in the field of information security and as a component of establishing or spreading criminal influence as a criminal offense against public safety.
 The content of establishing or spreading criminal influence as an independent socially dangerous act and as an element of criminal acts when committing criminally punishable acts in the field of information security is disclosed. Attention is focused on the main forms of criminal influence during the commission of criminal offenses in the field of information security. Formulated author's proposals regarding the levels of criminal influence.
 The issue of the criminal-legal qualification of acts related to the establishment or expansion of criminal influence has recently developed. And already published scientific works that deserve attention and their study and analysis. At the same time, for the field of information security, the problem of qualification of illegal acts using such a feature as the establishment or spread of criminal influence has not yet acquired an adequate level of research. The issue of distinguishing criminal influence as a component of the commission of a criminal offense based on a prior conspiracy by a group of persons and as an independent criminal offense provided for in Art. 255-1 of the Сriminal code of Ukraine.
 The current state of development of relations in the field of information technologies has a steady trend towards the total digitalization of all social processes without exception. The expanded use of information technologies during the collection and processing of personal data of a person, the transfer of financial transactions to a cashless form and even the availability of personal electronic documents - all this in its entirety significantly simplifies the process of developing social relations, realizing the rights of a person and satisfying his interests. At the same time, similar trends lead to the reorientation of criminal influence from real to virtual space, which contributes to the spread and modernization of crime in the field of information relations.

Ensuring effective insolvency procedures of natural persons (entrepreneurs): analysis of the legal regulation of insolvency in the European Union and Ukraine

"Full discharge of debts, as an outcome of the insolvency proceeding, should enable an entrepreneur to pursue their economic activity onward. This research analyses the implementation of the European Union’s discharge of debt standards into Ukrainian legislation. The article focuses on the comparison of the discharge procedures of natural persons (entrepreneurs) between the Code of Ukraine on Bankruptcy Procedures (CUBP) No. 2597-VIII from 18 October 2018 and the Directive (EU) 2019/1023 on restructuring and insolvency from 20 June 2019. As a result, the author observes that the CUBP maintains a different approach to protecting creditors’ and debtors’ interests in the discharge procedures compared to the Directive (EU) 2019/1023 on restructuring and insolvency. In conclusion, the author proposes approximating Ukrainian legislation to European standards by amending the CUBP. Keywords: discharge of debts, EU law, insolvency proceedings of entrepreneurs, repayment plan."

Administrative responsibility in the system of state provision of protection of an individual’s intellectual property rights

The article examines the peculiarities of the functioning of the institute of administrative responsibility as an important element of the system of state-legal protection of intellectual property rights as a separate group of homogeneous relations, the objects of which are the results of intellectual, creative activity of a person. A group of uniform normative legal acts regulating the studied relations is identified: the Constitution of Ukraine, codes and laws of Ukraine, Decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, standards in the field of intellectual property, departmental normative legal acts, international treaties and agreements. It has been established that in our country it is expedient to continue improving the system of regulatory and legal support for the protection of intellectual property, and such a system itself should be aimed at reorienting the administrative and legal activities of executive authorities to increase the transparency of the decision-making process regarding bringing offenders to administrative responsibility, which will become effective as a means of ensuring the lawful activity of individuals and legal entities in the field of protection of intellectual property rights. It is proposed to establish the category “administrative responsibility for violation of legislation in the field of intellectual property” as an implementation of an administrative-legal sanction, which is manifested in the application by the court to a guilty person who has committed an administrative offense in the field of intellectual property, the punishment provided for by the Code of Ukraine on administrative offenses and other by legislative acts, in accordance with the procedure defined by law. The prospects of further research in this area are defined as theoretical improvement of legislation and practical regulation of the functioning of the specified institute as a means of state protection of intellectual property rights of individuals.

Principles of law in the legislative and law enforcement process

The purpose of the research was to study the sufficien and necessary conditions for applying the principles of law in the processes of law making and execution. In the main content it has been established that the principles of law should be understood as universal, fundamental, basic provisions and ideas reflectingdeep foundations of human existence, general relations formed by the participants of legal realities as a result of their social interaction and as the basis for legal development. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and meta-analysis, etc. In the conclusions of the case it has been shown that consistent adherence to legal principles by legislative and law enforcement bodies will create an atmosphere of predictability and stability of legislation in society. Finally, the principles enshrined in the Constitution and codes of Ukraine should become a prerequisite for modern Ukrainian society to implement a humanistic concept of personality, education of legal subjects, an effective norm on a par with other norms regulating specific relationships, and should not remain only a statement.

РЕТРОСПЕКТИВНИЙ АНАЛІЗ ВІДМЕЖУВАННЯ ПОРУШЕНЬ ВІД ЗЛОЧИНІВ ТА ПРОСТУПКІВ ЗА КРИМІНАЛЬНИМ ЗАКОНОДАВСТВОМ ФРАНЦІЇ

The article provides the analysis of one of the first criminal laws that almost for two centuries had an essential impact on European criminal law. It was the first law that differentiated between crimes, offences, and violations. Such differentiation has survived till these days. Besides, the Article draws an analogy between the types of contraventions under the Criminal Code of France 1810 and the administrative offenses provided for by the Code of Ukraine on the Administrative Offenses. The Article provides an insight into the modern development of French Administrative and Torts Law and into the determination of the police courts authorities. It was found that although the “French” sub-system of law provides for the differentiation between the Administrative and Torts Law and criminal law, such differentiation is just theoretical. On the one hand, the punishment exists in the form of a fine and the types of contraventions are not regulated by the criminal code which makes its criminal character quite doubtful. On the other hand, however, the procedure of the administration of punishment through the imposition of sentence, deprivation of social rights, and seizure of property, as well as the complete regulation of the mentioned issues by the criminal, criminal and procedural laws testify to inseparability of the administrative offenses from the sphere of the criminal law. The article considers the possibility of the regulation of the Administrative and Torts Law of Ukraine so that the types of non-criminal offenses in analogy with the French law are regulated by the industry-specific law without the creation of the codified act in contrast to the outdated Code of Ukraine on the Administrative Offenses. Key words: Criminal Code of France, administrative offenses, police court, Code of Ukraine on the Administrative Offenses.

ОСОБЛИВОСТІ СУДОВОГО ЗАХИСТУ ПРАВ СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ ПРИ РОЗГЛЯДІ СПРАВ ПРО БАНКРУТСТВО

The article is devoted to the study of the peculiarities of judicial protection of the rights of economic entities during the consideration of bankruptcy cases. The choice of the topic is due to the relevance of the problem of insolvency of debtors in the light of modern views on the economic development of the country in the conditions of the global and national economic crisis. In addition, not so long ago a new legal act was introduced - the Code of Ukraine on Bankruptcy Procedures, the main purpose of which was announced to speed up court proceedings in bankruptcy cases, increase their efficiency, implement new protective mechanisms for business, so it seems appropriate to analyze the relevant legal institution in the conditions of modernization of the legislation. The article examines the definition and essence of the concept of "bankruptcy", its economic and legal nature. The currently relevant procedure for consideration of debtors' insolvency cases is studied, taking into its specifics and differences from general legal proceedings in the economic process. Attention is paid to the principle of "concentration" of all disputes within the bankruptcy case. An analysis of the national legislation on bankruptcy was carried out, taking into the adoption of the Code of Ukraine on Bankruptcy Procedures. Separate elements of such a procedure are revealed: the procedure for opening, considering and closing insolvency cases, determining the circle of main participants in such cases. The methods of protecting the rights of debtors and creditors, which can be applied by the court in the process of considering bankruptcy cases, are analyzed, for example, the possibility of introducing a moratorium by the court on the satisfaction of creditors' demands, and appeal to the court with a statement on the opening of bankruptcy proceedings was considered as one of the ways of protecting the rights of business entities.

ORGANIZATIONAL AND LEGAL BORDERS OF SCIENTIFIC AND EXPERT ACTIVITIES IN THE FIELD OF LAW – ADMINISTRATIVE LEGAL PROCEEDINGS

The article is devoted to the study of the organizational and legal boundaries of the provision of scientific and expert activities in administrative proceedings, as defined in the Code of Administrative Procedure of Ukraine. The possibility of involving an expert in the field of law in the administrative process through the conduct of scientific and legal expertise, one of the functional purposes of which is the doctrinal interpretation of legislation, is considered. The problem of determining the competence of an expert in the field of law is consecrated and the criteria for its evaluation are presented. The necessity of improving the norms of the specified code of Ukraine in terms of determining the procedural rights and obligations of an expert in the field of law in a trial, as well as the legal nature of his conclusion, is proved. In particular, we consider it necessary, along with the requirement fixed by the legislator to have a scientific degree and be a recognized specialist in law, to add such a requirement as a mandatory practical experience as a lawyer for at least 10 years. Proposals are provided on amending the Code of Administrative Procedure of Ukraine, which will help resolve conflicts in the current legislation regarding the legal status of an expert in the field of law and the opinion provided by him, his rights and obligations.

Peculiarities of determining the objective party under art. 376-1 of the Сriminal code of Ukraine (unlawful interference with the work of automated systems in judicial bodies and institutions)

Peculiarities of determining the objective party under art. 376-1 of the Сriminal code of Ukraine (unlawful interference with the work of automated systems in judicial bodies and institutions)

Features of medical professional liability insurance

This article analyzes the features of professional liability of a medical worker as a type of property liability and determines its specifics,taking into account the experience of Italian legislation. Professional liability is the property liability of specialists of various professions, whoseinsufficient qualifications, errors and omissions as a result of imprudence or negligence can cause damage to the client. Professional responsibility isinextricably linked with the categories «profession», the personality of a specific natural person who possesses the necessary special knowledge andqualifications, experience and business qualities and characteristics. Professional liability insurance of a medical worker is intended for insurance protection of doctors against adverse financial consequences arising from legal harassment, detection by a third party (victim) in connection with the occurrence of damage (damages) caused as a result of an error, negligence committed by a doctor in the process of execution him of medicalprofessional duties. Taking into account that in Ukraine, when a medical worker causes damage, we refer to Part 1 of Article 1172 of the Civil Codeof Ukraine, which states that a legal entity or an individual shall compensate for the damage caused by their employee during the performance of his work (official) duties. Problems arise with proving the guilt of a medical worker. Of course, it is necessary to prove the composition of the offense, however, it has long been known that the courts decide this issue at their discretion, and the amounts of compensation for material and especially moral damage are still ridiculous, but it is difficult to prove in the plane of cause and effect. We believe that a rather significant problem is that neither commercial organizations,nor state or communal enterprises consider it necessary to offer a compromise solution to the victims without a trial at all, because they are sure that the case will last a long time and in the worst case the compensation will be insignificant or not at all will be assigned. It is also a problemthat in most medical cases, witnesses are medical workers who have been connected by employment relations with the defendant, or are even friendswith the medical worker. In particular, according to Art. 1172 of the Civil Code of Ukraine, in most cases, the medical institution is responsible for the material and moral damage caused by the medical worker as a result of failure to perform his duties to the patient. Thus, the situation in Ukraine willnot change without the introduction of medical worker liability insurance.

КОМПАРАТИВІСТСЬКИЙ АНАЛІЗ ПОНЯТЬ «ПРАВОСУДДЯ» ТА «АДМІНІСТРАТИВНА ПРОЦЕДУРА» В АСПЕКТІ РОЗГЛЯДУ СПРАВ ПРО АДМІНІСТРАТИВНІ ПРАВОПОРУШЕННЯ

The article provides the comparison of the powers of the court and other public administration authorities in trying cases on administrative offenses. The attitude of some leading researchers who study the issues of administrative law and procedure to the concepts of «procedure» and «process» is demonstrated. The legislative ability to differentiate these concepts in the course of administrative proceedings and the position of the court of cassation in this matter are analysed. It is emphasized that practicing judges are insensitive to the issue of delimitation of rules of procedure and rules of process because of unimportance of delimitation for the fulfilment of tasks of the legal proceedings. It is summarized that the procedure is an integral part of the judicial proceeding, but the Code of Ukraine on Administrative Offenses does not contain the rules of process. It is noted that the dichotomy of the nature of administrative offenses has led to trying administrative cases under the rules of criminal and administrative proceedings, including courts of different jurisdictions. The results of the study provided the grounds for the author to outline the fundamental difference between justice and administrative procedure through the category of equity. The author notes in the conclusions that the scope of authority sufficient to perform the task of proceedings in this category of cases is decisive for the formation of a range of subjects of law among public authorities regardless of the truth of any of the statements about the relationship between the concepts of «administrative process» and «administrative procedure». Accordingly, the issues of reassessment of this task in terms of protection of human rights and fundamental freedoms, as well as in terms of the criminal nature of some administrative offenses (full compliance with the law or the achievement of equality) require further research. Key words: equality, judicial proceedings, administrative offences, administrative tort relations, public administration authorities.

Problems of administrative liability for domestic violence against children

The scientific research reflected in the content of this study is devoted to the main theoretical, legal and practical issues of administrative liability for domestic violence against a child. The purpose of the study – outline the specific features of protection of a child's right against domestic violence in Ukrainian legislation and identify the factors which indicate the necessity to distinguish domestic violence against a child as an administrative offence with more serious consequences, and, accordingly, to apply a more severe penalty to the offender. According to the purpose and specifics of the subject matter of the study, the author has applied a set of methods: philosophical methods – dialectical, phenomenological and others; general scientific methods: systematic, induction, deduction of analysis, synthesis, analogy, comparison; and methods of a specific legal science: comparative-legal, legal statistics, legal generalisation, legal analysis, formal-legal etc. The study examines the definition of domestic violence under Ukrainian law and summarises some ways to counteract this phenomenon. It is emphasised that the Code of Ukraine on Administrative Offences does not distinguish between the specifics of administrative liability for domestic violence against an adult and a child. However, according to statistical studies, the number of children suffering from domestic violence is increasing every year. It highlights the relevance of the study. The practical value is that the study identifies and characterises the main theoretical, legal and practical issues of administrative liability for domestic violence against a child, and develops substantiated proposals for amending Article 173-2 of the Code of Administrative Offences

Problematic issues of divorce in court

The article examines the problematic issues of judicial divorce. Conflicting, contradictory, unresolved issues of legislative regulation of this procedure are identified, which were established on the basis of the analysis of court practice, in orderto improve the mechanism of divorce. Collisions of legal regulation of dissolution of marriage in court procedure are identified. The institution of marital reconciliation and its consequences for the divorce process between spouses are analyzed. Yes, it hasbeen determined that in practice, divorce in legal proceedings is very often used as a «circumvention» of divorce in the order of separate proceedings on the joint application of the spouses (due to clauses «d» and «o» of clause 3 of Article 3 of the Decree of the CMU «On State Duty» dated January 21, 1993), and the reconciliation procedure as prolonging the divorce process. The analysis of court practice proved that this mechanism does not contribute to the continuation of marital and family relations. Itwas concluded that, on the one hand, the legislator is interested in speedy consideration of such socially significant categories of cases as divorce, on the other hand, there are still gaps in the legislation that allow this process to be delayed. It is alsodetermined that Article 4 109 of the Family Code of Ukraine is conflicting, and the analysis of the norms of the Code of Civil Procedure, which establish and determine the procedural order of consideration of cases in courts, made it possible to conclude that the Code of Criminal Procedure does not establish special (shortened) terms for consideration of certain categories of cases in court, because in the aggregate, the terms consideration of the merits of the case in accordance with the legislation cannot guarantee a person who has applied to the court for the protection of his violated, disputed or unrecognized right of prompt resolution of the problem and contradict the norms of family legislation. The authors provided suggestions forimproving the national legislation and eliminating the above-mentioned conflicting norms.Based on the results of the analysis, the authors came to the following conclusions: 1) in order to encourage spouses to apply to a notary public with a statement on the conclusion of an agreement on alimony for a child, it is advisable to introducean exemption for parents from paying state duty when certifying such agreements by analogy with paragraph 3, Part 1, Article 5 of the Law on Court Fees, 2) by analyzing the judicial practice regarding granting spouses a period for reconciliation, it canbe concluded that, unfortunately, the institution of reconciliation does not lead to the expected results of preserving family relations, but contributes to prolonging divorce proceedings. Therefore, we propose to exclude Article 111 of the Family Code ofUkraine and Part 7 of Art. 240 of the Civil Procedure Code of Ukraine, 3) in order to eliminate the conflict between civil and family legislation, we propose to set out Part 4 of Article 109 of the Civil Procedure Code of Ukraine in the following wording: «the court considers the case of divorce within the time limits established by the Civil Procedure Code of Ukraine...».

Cross-border bankruptcies in Ukraine: organizational and legal issues

The article conducts a scientific and practical study of organizational and legal issues regarding cross-border bankruptcies, which is one of the spheres of regulation of international private relations. The current legislation of Ukraine in the field of bankruptcy procedures, in particular, proceedings in bankruptcy cases related to foreign bankruptcy procedures, and international documents in the field of cross-border insolvency were analyzed. The lack of legal certainty in the Code of Ukraine on bankruptcy procedures of the "cross-border" category, the procedural rights of the parties in the bankruptcy procedure with the participation of a foreign element, the organizational and legal algorithm during the proceedings in bankruptcy cases related to the foreign bankruptcy procedure, the procedural aspects of granting judicial assistance to the manager of the foreign bankruptcy procedure. The practical ineffectiveness of the implementation of legal mechanisms of cross-border bankruptcy procedures in Ukraine, which hinders the proper resolution of problematic issues in this area, is noted. The necessity of building organizational and legal algorithms of the bankruptcy procedure with the participation of a foreign element in Ukraine in order to optimize the simplified and at the same time effective exercise of rights and the achievement of the financial interests of the participants in cross-border bankruptcy procedures was determined. Recommendations are provided for the regulatory consolidation of organizational and legal aspects of cross-border bankruptcies on the basis of recognized world principles, reflected in special international documents, taking into account the constant change of regulatory requirements with a mandatory comparison between them and the updated provisions of the UNCITRAL Model Law on Cross-Border Insolvency dated May 30, 1997 and international judicial practice, which will ensure the practical implementation and implementation of logically formed procedural algorithms for settling the insolvency of entities within the specified sphere in Ukraine.

Depravity and lewd acts under Article 156 of the Criminal Code of Ukraine in the coordinates of legal certainty

The article contains critical remarks on the wording of Article 156 ("Depravity of minors") of the Criminal Code of Ukraine, reveals its inconsistency with the provisions of the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Sexual Violence of 25.10.2007, as well as lack of legislation the content and scope of the concepts of "depravity" (Article 156 of the Criminal Code of Ukraine) and "lewd acts" (Articles 181, 156, 302 of the Criminal Code of Ukraine), which in accordance with the principle of legal certainty is a violation of Article 8 of the Constitution of Ukraine. The thesis about the inadmissibility of sending the blanket norm of criminal legislation (Articles 181, 156, 302 of the Criminal Code of Ukraine) to unspecified norms of morality, which, in turn, is historically variable and differs depending on religion, political or corporate preferences, views of minorities or people of different races, nationalities and genders, etc. A new version of Article 156 ("Depravity of a person under the age of sixteen") of the Criminal Code of Ukraine has been proposed.

Actual criminal law problems of war and peace (view from military Kharkiv)

The article examines actual criminal law problems of war and peace on the basis of the Criminal Code of Ukraine and related international law and taking into account the immediate sense of the features of modern war, which is still ongoing in Ukraine.
 Emphasis is placed on the fact that the concept of war needs to be defined in international and national criminal law as reflecting the large-scale bilateral use of armed forces by states or the state and private armed groups. War is the most dangerous manifestation of armed confrontation, which always has its own special character. The choice of means of response to the war should be made taking into account this nature, because it depends on the correct choice of method of reconciliation of the warring parties. The importance of this method of response is increasing in modern warfare, which is conducted with the use of non-nuclear weapons of mass destruction and manifests itself in the form of total destruction of settlements. Armed conflicts are less dangerous manifestations of armed confrontation, but they can be a manifestation of external manipulative influence on the state and then transform into war. Private armed groups can take part in the war or act as an enemy. A systematic solution to the various options for responding to war and armed conflict in the world is proposed to be implemented through the development of a Code of War and Peace.
 The article analyzes the provisions of the Criminal Code of Ukraine and international law relating to war. Some of them require terminological coordination. The category of "military necessity" is important for determining the content of such provisions, as well as for the correct choice of means of response to war.
 Proposals have been developed to improve the criminal legislation of Ukraine, which consists in establishing criminal liability for the following acts: 1) non-state armed aggression against Ukraine; 2) development and implementation of a plan for an armed conflict of a non-international nature in Ukraine or provocation of such a conflict, or public appeals to take such actions; 3) intentional provocation of the continuation of war or other military conflict or their escalation; and other proposals.