Legislation In Countries Research Articles

On Problems of Establishing State Sovereignty over Antarctic Territories: China’s International Legal Position

INTRODUCTION. The Antarctic region is unique in terms of organizing effective management by a large number of states at the same time. For this purpose, the Antarctic Treaty was concluded, which made it possible to prevent the conflicts. Nevertheless, not long ago the concept of territorial division of this region has been actively discussed. China, being one of the most economic rapidly developing states, which implies its interest in strengthening its influence in the Antarctic region, also actively participates in solving the problems related to the legal regulation of the Antarctic region. The purpose of the article is to determine the position of China in relation to the activities in the Antarctic region in general, as well as, establishing state sovereignty over the territories of Antarctica.MATERIALS AND METHODS. The research uses various documents of international legal nature, including international treaties, doctrinal sources and national legislation of foreign countries. The research is carried out with the use of general scientific and special scientific methods. RESEARCH RESULTS. The article provides a comprehensive analysis of the Chinese international legal doctrine concerning the establishment of state sovereignty over the Antarctic territories and makes assumptions on further development of China in the Antarctic region. The main directions of China’s activity, including related to national security and extraction of natural resources, were analyzed. The provisions of the “White Book of China on Antarctica” were also analyzed. In addition, China’s initiatives concerning the establishment of Marine Protected Areas, Specially Managed Areas were examined. The question of whether China has its own Antarctic policy was answered.DISCUSSION AND CONCLUSIONS. The examination of the problems of establishing state sovereignty over the Antarctic territories from the point of view of China allows us to conclude that at the moment China does not have a developed Antarctic policy and is at the stage of its formation. China’s attempts to influence the Antarctic management system began in 2005, when the establishment of the Specially Managed Areas was suggested. Since then, China’s influence has continued to grow. China acted and continues to act in accordance with the Antarctic Treaty System, which indicates that China is not willing to change the system of management of the region to the system of territorial division. At the moment, China’s interests in Antarctica are characterized by an increased focus on scientific research, environmental protection and international cooperation. China’s influence in the region is expected to increase.

The role of the “Actio pauliana” institution in the formation of the mechanism for invalidating debtor transactions within bankruptcy proceedings

The aim of the research is to conduct an in-depth analysis of the historical aspects of the institution of invalidating transactions within bankruptcy proceedings, with a focus on the influence of Roman law on the formation of domestic legislation. The research also includes a comparative analysis of foreign legal norms related to this subject area. The methodological basis of the study encompasses both general and specific methods, such as formal-logical, scientific analysis and synthesis, comparative legal, and historical-legal approaches. The study of the emergence, establishment, and development of the institution of challenging debtor transactions is crucial for understanding its historical and legal nature within bankruptcy proceedings. In this context, the subject of the research includes the challenge of transactions in bankruptcy, based on the ancient Roman legal institution of “Actio Pauliana”, as well as an analysis of the influence of subjective and objective theories on modern legislation. Key elements related to the emergence of the “Actio Pauliana” institution in ancient Roman law, as well as the historical aspects of challenging transactions in the context of bankruptcy, have been examined. Attention is given to the application of the modified “Actio Pauliana” institution in the legislation of various countries. The research concludes that the “Actio Pauliana” was initially based on a strictly subjective theory, but over time, the focus shifted towards objective criteria. In conclusion, it is noted that the modern institution of invalidating transactions in bankruptcy proceedings preserves the foundations of Roman law, integrating both objective and subjective elements into the legislation of different countries.

"FORCE MAJEURE" AS A BASIS FOR EXEMPTION FROM CONTRACTUAL LIABILITY IN EUROPEAN UNION LEGISLATION

The article is devoted to the analysis of the legislative regulation of the "force majeure" category as a basis for exemption from contractual liability in the countries of the European Union. The legislative norms of such countries as Italy, France, Germany were developed and analyzed; conclusions were made regarding the peculiarities of the regulation of the "force majeure" category in contractual relations; the issue of the autonomy of the parties to the contract in the identification of such circumstances is studied. Considerable attention is paid to the relevant judicial practice, the decisions of the Courts of Cassation regarding their interpretation of "force majeure circumstances" and the characteristics by which the circumstances can be classified as force majeure. It has been established that the exemption of a party to a contractual relationship from civil liability is possible, according to the legislation of most countries, provided that the circumstances that have arisen meet two characteristics: emergency and unpredictability, that is, only external events that cannot be predicted and controlled. The author emphasizes variability circumstances that may fall under the features of "force majeure" and, accordingly, be basis for exemption from contractual liability. The role of the courts in regulating the contractual relations of the parties in the event of force majeure and the scope of their powers regarding the possibility of regulating contractual legal relations are investigated.

Незаконный наем, экстремизм и терроризм как системообразующие феномены криминальной угрозы для мира и безопасности человечества

In the context of globalization and the dynamic development of information and communication technologies, phenomena such as illegal hiring, extremism and terrorism are becoming systemically important, forming a complex threat to international peace and security. The article provides a comprehensive analysis of these phenomena from the perspective of criminal law, examines their legal nature, criminological characteristics and interrelation. The study is based on a comparative legal analysis of the legislation of various countries, international norms, as well as international legal doctrine, identifying the key elements that distinguish these criminal acts and emphasize their common threat to the world community. In addition, the work addresses the issues of the impact of these phenomena on state institutions, civil liberties and human rights, assessing the degree of their impact on social stability and interstate relations.

Combating Child Pornography: International Legal Regulation and Experience of Ukraine and Foreign Countries

The relevance of the topic is determined by the fact that child pornography is a serious threat to the safety and well-being of children, and combating it requires a comprehensive approach at the national level and international cooperation. Thus, the purpose of this study is to analyse international legal regulation in the field of combating child pornography, the experience of Ukraine and such foreign countries as France, Japan, India, the United Kingdom and Canada. The objectives are to identify the main regulatory provisions, mechanisms and approaches aimed at preventing and combating child pornography. The study was conducted using a number of scientific methods, including dialectical, formal and logical, analysis, comparison and generalisation methods. The authors draw attention to the concept of child pornography. It is determined what actions are considered to be the crime of child pornography and are criminalized. The recommendations and obligations of countries that have ratified these acts are analyzed. The article analyses the issues of criminalization of child pornography offenses in the legislation of the respective countries, criminal liability measures, establishment of national organizations and structures to combat it, etc. It was concluded that the maximum term of imprisonment an offender can receive in Canada and Great Britain, and one of the smallest – in Japan and India. The article also disproves the hypothesis that approaches to combating child pornography are identical in individual countries with different legal systems. The authors draw attention to the problem of determining the status of graphic materials and works of artificial intelligence that contain signs of child pornography. The authors also raise the issue of criminal legal assessment of viewing child pornography, including live broadcasts. It is stated that no country is immune to this form of child sexual exploitation. Attention is drawn to international cooperation, which is key to sharing best practices, resources and information between countries. It is argued that national governments, law enforcement agencies and civil society need to work together in a concerted effort to ensure the protection of children in the world. This is important, among other things, to combat the avoidance of responsibility by criminals.

Institute of non-contractual obligations in the European legal system

It is noted that non-contractual obligations belong to the sphere of regulation of national and international law. It is emphasized that most of the norms of civil legislation in European countries are devoted to the grounds and conditions for the emergence of binding legal relations. Non­contractual obligations are described as a group of legal obligations. The authors observe that, despite the diversity, non-contractual obligations are not sufficiently regulated at the international level and little researched in the scientific community. The goal of the scientific research is relevant, which consists in the analysis of the norms of private international law in Europe and the principles that regulate the sphere of non­contractual obligations, the characteristics of the main methods of conflict resolution in the international legislation of European countries, and the establishment of the significance of the process of unification of the norms of private international law at the level of EU legislation . It has been established that non-contractual obligations are distinguished from contractual obligations by the fact that it is impossible to predict all the reasons for their occurrence, because they arise without an agreement or contract between the parties entering into them. The fact that non­contractual obligations are considered to be the oldest type of legal relationship enshrined in law is emphasized, because one of the reasons for their occurrence is torts. In modern legal regulations, two types of non-contractual obligations are distinguished: delict obligations and quasi-delicts. The list of grounds for the occurrence of non­contractual obligations, which are regulated in the legislation of foreign countries and Ukraine, is given. The authors’ attention is focused on the problem of conflicts of norms of international law regarding the regulation of non-contractual obligations, which arises as a result of the fact that the institution of non-contractual obligations has developed over the centuries in each country individually in accordance with its legal customs and social norms. A characterization of the main bindings or attachment formulas was carried out, which help, on the basis of certain legal grounds, to determine the extent of the right of one or another state to regulate social relations in the presence of certain conflicts. It is emphasized that the lack of a single procedure for resolving conflicts regarding non-negotiable obligations in international law caused the process of unification of international norms in this area, but in Europe this process started relatively recently, and suffered several failures. It was concluded that today there is no clear unified system of legal norms regulating non-contractual obligations, unlike contractual ones. Such important documents as: DCFR, EU Regulation No. 864/2007 on the law applicable to non-contractual obligations (Rome II Regulation) and Principles of European Tort Law formed by the European Tort Law Group were considered.

Subjects of the fulfillment of the constitutional obligation to pay taxes and fees

It is indicated that in the context of the ongoing armed aggression of the Russian Federation against Ukraine, along with external aid, the consolidation of the country’s internal potential - both human, material, technical and financial - is critically important. This is necessary to ensure the defense capability of the state and achieve victory. In these conditions, effective filling of budgets of all levels through the system of taxes and fees becomes of primary importance. Timely and full fulfillment of tax obligations by citizens provides the state with the necessary financial resources. The importance of this obligation is emphasized by its consolidation at the level of the Basic Law of the state. However, the current wording of Article 76 of the Constitution of Ukraine has certain shortcomings, in particular regarding the regulation of the obligation to submit tax declarations and the definition of the circle of persons to whom this requirement applies. The article is devoted to the determination of the subject composition of the fulfillment of the constitutional obligation to pay taxes and fees. It was emphasized that to fulfill the tax obligation properly, the state should create a normative legal mechanism to determine the procedure for paying taxes and their amount. The norm of Art. 67 of the Constitution of Ukraine, which establishes the corresponding duty, is contained in the section devoted to the rights and duties of a person and a citizen. At the same time, the tax duty extends to a broader range of subjects. It is concluded that the tax obligation for all other taxpayers, in particular legal entities and their structural subdivisions, is established not at the level of the Constitution of Ukraine but at the level of the law, namely the Tax Code of Ukraine, which, in turn, does not deprive it of its significance and imperativeness implementation. An analysis of the norm of Part 2 of Article 67 of the Constitution of Ukraine was carried out, and it was concluded that its content establishes the obligation to declare income for all citizens. The imperfection of the specified legal norm is emphasized since, on the one hand, when interpreted literally, it establishes the obligation to submit declarations only for citizens. Therefore it does not apply to stateless persons who can be residents of Ukraine, receive income, and have the obligation to pay taxes. On the other hand, establishing a general obligation to declare income for all citizens without exception is also not justified in relation to those incomes received exclusively from tax agents. The global experience of the introduction of a general declaration of income is analyzed. The impracticality of introducing a general declaration in Ukraine at this stage is substantiated. The participation of not only taxpayers, but also other subjects of tax legal relations, particularly tax agents, is emphasized in fulfilling tax obligations. It is stipulated that the history of the legislation of foreign countries shows that tax collection by a tax agent was developed to solve the problem of tax evasion by taxpayers. In some cases defined by law, the person responsible for determining tax liabilities is the tax authority (for example, when charging land tax to individuals). It is concluded that the mechanism for ensuring the fulfillment of the tax obligation by subject composition should provide for means of influence not only on taxpayers but also on tax agents or tax authorities, who may be responsible for calculating tax payments by law.

Peculiarities of the institute of professional liability insurance of medical workers in some EU countries: in search of an optimal legal model for Ukraine

Public health, as one of the constituent elements of national security, is primarily determined by the protection of the population from the spread of epidemics on the territory of a certain state. It seems that its state can also be evidenced by the extent to which the population is protected from illegal and unscrupulous actions or inaction of medical workers. The latter, while performing their professional duties to provide medical care, may provide substandard medical services or even harm a patient’s health or take his or her life, which may entail their civil and/or criminal liability. Even if a medical worker is held criminally liable, he or the medical institution of which he is an employee is still obliged to compensate material damage to the patient for the harm to his health. Analysis of judicial practice both in civil and criminal cases shows that today it is unlikely to obtain such compensation from a medical worker even in court. In order to change this situation, it is necessary to legislate the institute of professional liability of medical workers. In June 2024 in the first reading the Verkhovna Rada of Ukraine adopted as a basis the Draft Law of Ukraine on self-government in the field of health care dated 25.12.2023 (reg. No. 10372), which provides for the establishment of the institute of civil liability insurance for representatives of medical and pharmaceutical professions. That is why today the search for the optimal legal model of such an institute is of great importance. In this case, the legislation of individual EU countries (the Republic of Lithuania, the Republic of Latvia and the Federal Republic of Germany) regulating the institute of professional liability insurance for medical professionals can be taken as a basis. Therefore, in this article on the basis of comparison of individual provisions of these laws will be realized the identification of all the disadvantages and advantages of this institute.

Analysis of legislation and judicial practice regarding the legal status and social guarantees of employees of digital platforms in EU countries: challenges and perspectives

In today’s world, the rapid development of digital technologies and the gig economy has led to the emergence of new forms of employment that significantly change traditional labor relations. The platform economy, based on short­term contracts and freelance work, has become an important element of the labor market, offering new opportunities for workers, but at the same time presenting them with numerous challenges. The legal status of platform workers remains uncertain in many countries. Platforms often classify their workers as «independent contractors», «economically dependent independent workers» or «self-employed», which allows them to avoid obligations related to labor laws. This leads to legal gaps that jeopardize the social protection of workers on digital platforms. Different approaches to the legal status and social guarantees of workers in different countries create additional complexities in regulation. The issue of legal classification of digital platform workers remains unresolved, affecting their labor rights and social security. The authors consider the challenges that arise in connection with new forms of employment that displace traditional labor relations. The main attention is paid to the legal uncertainty of the status of gig workers, their social protection and the lack of a unified approach to the regulation of this sphere in different EU countries. The article analyzes legislative initiatives and case law in France, Germany, Austria and Spain, where the legal status of platform workers varies from employed to self-employed. Particular attention is paid to recent court decisions that affect the classification of platform workers and their social rights. The study reveals significant differences in the national legislation and judicial practice of different EU countries, which indicates the need to develop a unified European approach to the regulation of new forms of work. The authors emphasize the need to adapt national legislation to the new realities of the labor market, in light of the new EU Directive (Directive of the European Parliament and of the Council on improving working conditions in platform work), which aims to ensure the correct classification of employment status and the protection of the rights of gig workers.

Salmonella pathogenicity Island 1 undergoes decay in serovars adapted to swine and poultry.

Human salmonellosis is a high-priority foodborne disease worldwide. The main reservoir of Salmonella is livestock, mainly swine and poultry that are infected both by generalist serovars and serovars adapted to them. The most widespread livestock-adapted serovars are attenuated in both their primary hosts and humans. We previously identified a lineage of the swine-adapted Salmonella Derby carrying mutations in Salmonella Pathogenicity Island-1(SPI-1) giving attenuation. To evaluate if SPI-1 decay is a general feature of swine-adapted serovars, we analyzed the Enterobase global population of Salmonella serovars most frequently isolated from swine. We found that deleterious mutations in SPI-1 are accumulated more in swine-adapted (S. Derby and Salmonella Rissen) than in generalist (Salmonella Typhimurium, I 1,4,[5],12:i:-, and Salmonella Infantis) serovars. The genomes carrying such mutations are widespread in the population of S. Derby and S. Rissen, indicating that the occurrence and fixation of deleterious mutations in SPI-1 are frequent. Similarly, also poultry-adapted Salmonella Kentucky has accumulated deleterious mutations in SPI-1, leading to over 70% of mutated genomes of this serovar compared with negligible proportions of mutated genomes in the generalist serovars from poultry. Although in vitro attenuation of S. Derby carrying mutated SPI-1 had been previously demonstrated, we showed the same phenotype for mutated S. Rissen. Considering also the known attenuation of S. Kentucky, our population-scale findings provide evidence of progressive evolution toward the attenuation of serovars adapted to the main animal reservoirs of human salmonellosis through the food chain. Intensive farming with a high density of animals could be a possible driver of this evolution.IMPORTANCEThis study shows at the global population level of Salmonella that the main attenuated serovars adapted to food-producing animals are undergoing convergent evolution toward further attenuation through the decay of SPI-1, considered critically important for the intestinal phase of Salmonella infection. The drivers of this evolution are unknown, but they could be attributed, at least in part, to the intensive farming of livestock with its high densities. On one side, our results contribute to the knowledge of the interaction between livestock populations and their host-adapted serovars of Salmonella. On the other side, the study provides scientific background for reconsidering the microbiological criteria adopted by the food safety legislation of many countries that ask for the absence of Salmonella in foods, regardless of any virulence evaluation of the detected strain. In this respect, the study provides molecular bases to investigate the virulence of different lineages within these host-adapted serovars.

Конвергенція глобалізації правового простору та кіберзлочинності

Abstract. The article analyzes the manifestations, spread and role of cybercrime in modern globalized society. The globalization of the world is considered as a result of the development of information technologies, especially when using cyberspace as an electronic communication medium for the dissemination of information around the world. It is reasoned that technical progress, which is the result of human activity and culture, in addition to a positive impact, in the sense that it is used for the benefit of humanity, also has a negative impact on human development and civilization, namely the preservation of the weak sides of socio-legal communication (vulnerabilities), which are definitely very dangerous. Globalization of the legal space due to the development of technologies has brought many positives in the realization of rights and legitimate interests by citizens. Among the negative manifestations is the threat of the appearance and significant spread of crime in the virtual, which has become a reality of the world community, known as cybercrime. The convergence of the globalization of the legal space and cybercrime indicates the need to develop unified legal standards to effectively combat cybercrime on a global scale. As cybercrime knows no geographical boundaries, national legal systems are often unable to cope with the new challenges emerging in cyberspace. Globalization requires the harmonization of the legislation of different countries, as well as international cooperation to create a common basis for countering cybercrime. This will help not only to ensure legal protection at the global level, but also to strengthen the coordination of efforts between states in this area. In the conclusion, the author notes that conceptualizing cybercrime is a difficult task, as the rapid development of technologies such as artificial intelligence introduces new challenges to the field of cyber security and law enforcement. A single and coherent classification system is needed that takes into account all aspects of these crimes and their impact on society. The development of such approaches must be based on interdisciplinary collaboration and take into account the different perspectives of actors, from policymakers to academics and law enforcement agencies, to achieve an effective response to cybercrime. Keywords: globalization; crime; virtual space; cybercrime; global problems; legal regulation; national law.

The impact of the international treaties on the development of the Ukrainian legislation in the sphere of copyright and related rights

The article examines the features of the international treaties unification in the modern system of the legal protection of copyright and related rights. The author also examines the reasons for the growing interest in the international treaty norms in the world.The specificity of copyright and related rights legislation is that its norms are limited by the territorial scope. This necessitates the legislative regulation of relations related to the cross-border distribution of works and other objects, and thus ensuring uniform the legal protection and the effective enforcement of rights at the international and national levels.The article notes that the international treaties unification is achieved by establishing uniform norms in the legislation of different countries using the norms of the international treaties. The author identifies the advantages of the international contractual unificationand also points out its disadvantages. The article examines trends in international law towards it's the regionalization on the example of EU legislation. The author describes the harmonization of Ukrainian legislation with EU legislation and substantiates it's theimpact on the development of the national legislation.The author makes a legal analysis of the Ukrainian legislation on copyright and related rights and notes the progressive changes which the Law has undergone in recent years, taking into account the norms of the international and European legislation. At the sametime, the further improvement of Ukrainian legislation in the sphere of copyright and related rights continues, including in the direction of systematization, unification, and harmonization of legislation.The article examines the importance and impact of the international, including the regional, unification on the development of the national legislation.The author proves that the unification of international treaties impacts the development of national legislation. This influence is evident in the need to create a unified legal international and regional space, which includes Ukraine. The aim is to establish common approaches to regulating relations in the sphere of copyright and related rights. It is noted that the unified legal regulation of relations allows ensuring the stability and the efficiency of the legislation.

Problems of Public Law Regulation of the Digital Platforms Regime

The article discusses the issues of legal regulation of digital platforms as a complex object of information relations. Topical problems of public law regulation of the regime of digital platforms regarding the use of unfair practices in the design of the platform’s web interface are identified. Attention is paid to the consolidation of the concept of dark patterns in the legislation of foreign countries. Particular attention is paid to the protection of personal data subjects when using dark patterns in digital platforms. The relevant areas of scientific research in the field of information law and also for the development of recommendations for improving law enforcement practice are highlighted.

Institute of Temporary Ruling in Administrative Court Proceedings, Practice of Common Courts and Comparative Legal Analysis with the Legislation of Other Countries

One of the fundamental goals of the legal state is the unwavering protection of basic human rights, among them, legal security and the guarantee of judicial protection of the rights. The preventive remedies of protection of a person’s Right in administrative court proceedings, as well as in generally Administrative Law, it is to give a special importance as the result of which the legal relationship arising between the physical person and administrative body based on Administrative Legislation is regulated and in turn, it is a guarantee of the protection of the plaintiff’s right for the implementation of an effective justice in the future. The problem of Delayed justice, which has a negative impact in economic, political and social perspective, an ‘’immediate react’’ need to be found in response.[1] The first part of article 31 of the Constitution of Georgia provides a person with the right to apply to the court for the protection of his rights, as well as the right for the fair and timely adjudication of the case. [2] The present paper examines the peculiarities of one of the measures of preventive protection of the right – The Institution of Temporary Ruling and the prerequisites for its use by the common court, as well as the current legal reality in terms of judicial practice. The paper also presents the research of the Institute of Temporary Ruling from a comparative legal point of view on the examples of Germany, France, Estonia and the United States of America. The paper analyzes mechanisms of legislative regulation in above mentioned countries and the approaches established in the theory regarding the Institution of Temporary Ruling. [1] Sierra de la S., Provisional Court Protection in Administrative Disputes in Europe: The Constitutional Status of Interim Measures Deriving from The Right to Effective Court Protection. A Comparative Approach, European Law Journal, [Vol 10]1, 2004, 42. [2] The first part of article 31 of the Constitution of Georgia, The Legislative Herald of Georgia, 24.08.1995, (in Georgian).

Efficiency and Fairness in Financing Slovak National Sports Associations

Abstract National sports associations are private-sector sports organisations with an exclusive, monopoly position for a particular type of sport within individual countries. This monopoly position is done by the internal regulations of international sports associations, of which only one entity for a given country can become a member, which its country represents at the international level. The legislation of individual countries also regulates National sports associations. The main aim of this contribution is to assess and benchmark the technical efficiency of 70 sports associations offering their services in Slovakia by a set of Data Envelopment Analysis (DEA) models and to consider fairness in the financing of Slovak national sports associations. It is important to note that all models used have different premises in their modelling, each of them solves optimisation problems of real live under specific conditions. The arguments for evaluating fairness in financing are based on the methodology of the breakdown of financial subsidies for sport and on controlled interviews with experts of the state administration and national sports associations. Based on our analysis, we can state that the system of financing Slovak national sports associations is neither efficient nor fair in the redistribution of public funds from the point of view of meeting the goals of public policy in the field of sport. The outcome of the research may be of interest to regulatory institutions, as well as to the management of individual national sports associations.

Women’s exposure to commercial milk formula marketing: a WHO multi-country market research study

BackgroundMarketing of commercial milk formula (CMF) is well resourced and has influenced societal beliefs and practices that have undermined breastfeeding. This has occurred despite legislation in many countries largely reflecting the provisions of the International Code of Marketing of Breast-milk Substitutes.MethodsA cross-sectional survey was conducted in seven countries: Bangladesh, Mexico, Morocco, Nigeria, South Africa, United Kingdom and Viet Nam to explore the scope and nature of CMF marketing among pregnant women and mothers. A marketing-research methodology was adopted using convenience sampling of women stratified according to infant feeding practices and the infant’s age.Participants were identified in hospitals and clinics, as well as in the street, markets and shopping malls. In each country the sample size comprised 300 pregnant women, 150 mothers of children aged > 18 months who were breastfeeding without giving CMF and 600 women feeding their children with CMF. Data were collected using a questionnaire administered on tablets by trained field workers.ResultsInterviews were conducted with 8528 women between October 2019 and March 2021. Overall, 3095/7480 (41.3%) of women reported exposure to CMF marketing ranging from 3% in Morocco to 92% in Viet Nam. The commonest marketing site in all countries was television, but advertising in-store and in magazines and newspapers was also common. In most countries, CMF advertising on social media, websites and YouTube was less compared to traditional media. Reports of receiving free CMF samples varied from 3.1% in Nigeria to 34.6% in Viet Nam. Health professionals were the most common source of advice to mothers about starting CMF and which CMF brand to use.ConclusionsThe study provides quantitative data about CMF marketing and insights on how marketing companies develop effective messages, helping to explain how individual vulnerabilities or aspirations are integrated into marketing strategies. The findings reaffirm the need for action across political and health domains to counter actions of CMF companies. This will require effective national legislation fully reflecting the Code and action by professional bodies to protect health professionals from targeting by CMF marketing. Marketing-research methods could be employed to develop messaging in support of breastfeeding and breastfeeding-friendly policies.

Some practical aspects of the implementation of the institute for advanced training of Ukrainian lawyers

It is indicated that the procedure for improving the qualifications of lawyers provides for a rather voluminous list of possible types of raising their professional level, among which measures organized by the operators of improving the qualifications of lawyers occupy a decisive place, but also that a significant emphasis of such measures is aimed at ensuring the quality of their organization, in particular, by establishing essential professional, personal and ethical requirements for lecturers and their practical direction. This article is aimed at revealing some practical aspects of the mechanism of the lawyer’s implementation of his professional duty to improve his qualifications. Thus, the scientific work reveals the essence of the ethical component as a necessary element of such a mechanism, and also analyzes the grounds for exempting a lawyer from the obligation to improve his qualifications. Within the framework of this article, the legal regulation of the procedure for the lawyer to fulfill his duty to improve his qualifications was analyzed, namely through the prism of the need to master high standards of ethical behavior. Attention is drawn to the positivity of the provisions of the Ukrainian legislation, according to which a lawyer, improving his qualifications, must necessarily acquire a certain set of knowledge (in particular, concerning issues of lawyer ethics). This provision of domestic legislation generally corresponds to the legislation of many countries of the world (France, Italy, Norway, the Czech Republic, Ireland, etc.), especially in the context of professional development by lawyers who have just acquired this status (young lawyers). It is concluded that the National Association of Lawyers of Ukraine needs to develop appropriate measures (programs) that would provide an opportunity to obtain an ethical component as a necessary condition for improving the qualifications of a lawyer on a free basis. The legislation of foreign countries, which apply certain grounds for exemption from the obligation to improve the qualifications of lawyers, is also studied. The position is argued about the expediency of enshrining the provision according to which from the obligation to upgrade the qualifications not only of lawyers who have stopped their activities, lost their ability to work or have other good reasons, but also lawyers who have reached a certain age (for example, 65 years old), are engaged in the practice of law have been active for more than 30 years, or have a Doctor of Science degree and are recognized specialists in the field of law.

Legal regulation of combating harassment in the field of work: national and foreign experience

The article points out that there is a common belief that harassment is sexual harassment, although in reality the term has a much broader meaning. Harassment is a problem of a global nature, which manifests itself in various spheres of social interaction and takes place in the life of every country. It is emphasized that the national legislation of many countries makes it possible to effectively combat harassment at the workplace and prevent this shameful phenomenon. The definition of the concept of harassment and measures to combat it are established in the relevant general anti-discrimination laws, in labor legislation and subordinate legal acts, which contributes to the effective implementation of national state policies on the prevention and counteraction of discrimination in the field of work. Attention is drawn to the fact that currently the term «harassment» is not used in Ukrainian legislation. However, the closest semantic equivalent of this term is the concept of «sexual harassment», the definition of which is contained in the Law of Ukraine «On Ensuring Equal Rights and Opportunities of Women and Men». The legal regulation of anti-harassment, in particular in labor relations, in Ukraine is based on normative legal acts that belong to different branches of law. It is emphasized that the Code of Labor Laws of Ukraine does not contain direct regulations on the prohibition of sexual harassment (harassment) at the workplace. This Code does not contain special norms that would determine the procedural issues of establishing the fact of sexual harassment, its fixation, proof, investigation and specifics of disciplinary responsibility for committing harassment. Despite the absence of the regulatory concept of «harassment» in Ukrainian legislation, in Ukraine, victims of sexual harassment at the workplace are provided with legal tools to protect their rights and interests. These tools range from filing sexual harassment complaints with authorized entities to criminal prosecution of the perpetrators. The legislation of Ukraine on combating sexual harassment at work is part of the anti-discrimination legislation, which is currently dynamically developing and adapting to modern needs.

Legal Regulation of Employment Relations of the Disabled Workers in the BRICS Countries

According to the UN, more than one billion people in the world are people with disabilities, which is approximately 15 per cent of the total population. The number of the population with disabilities is also high in the BRICS countries. People with disabilities in the BRICS countries belong to the group of those who need special state care and the provision of additional guarantees and benefits, including labor relations. The concept of a person with a disability in the legislation of the BRICS countries has changed over time. As the practice of recent years shows, in our countries today one can observe uniformity on some issues of legal regulation of the work of disabled people. All countries in question have ratified the UN Convention on the Rights of Persons with Disabilities and implemented it into national law. However, the problems of implementing the norms on the legal regulation of the labor of disabled people remain, and they require further solutions. Obviously, further integration and joint development of the BRICS countries will help in overcoming them.

Legal understanding of the failures of international conventional arms control mechanisms

Conventional arms control appears today as an essential means to ensure peace in the world and sustainable development. Its international implementation is ensured by United Nations bodies, treaties and even programs. Despite these mechanisms, arms control is proving to be ineffective. Weapons continue to be the basis of several criminal acts, including scenes of violence, armed conflicts, and terrorist attacks. By resorting to research methods such as analysis and legal documentation, the author reaches the conclusion according to which these failures at the level of control have their sources in shortcomings within control mechanisms. These shortcomings include among other the failure to establish a Military Staff Committee whose role was to contribute with the Security Council to the implementation of a policy of reducing the budget dedicated to arms in accordance with Article 26 of the Charter of the United Nations; The non-compliance with the rules for reporting in the registers of conventional weapons, and the legalization of the right to carry weapons in the internal legislation of several countries.