Current Legislation Of Ukraine Research Articles

Modern Challenges of Adjusting the Effectiveness of the Application of Laws (on the Example of Tax and Legal Regulation)

The relevance of the research topic is determined by the current state of social relations. It is notedthat the analysis of modern social relations cannot be carried out outside the boundaries of significantchallenges that require not only their understanding, but also consideration in the relevant reform measures.The most important challenges today are the following: Russia's war with Ukraine; European integrationprocesses that characterize modern trends in Ukrainian development; digitization of all aspects of public life.Given the problems associated with this, the article defines both objective reasons that affect tax relations, aswell as requirements that are subjective in nature.The purpose of the article is to highlight problematic aspects of the state of modern legal regulation.Attention is focused on the fact that war, European integration and digitalization are among the mostinfluential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means thatguarantee the effectiveness of tax legislation. These aspects are the subject of analysis.Traditional methods of scientific knowledge are used in the research, thanks to which a systematicidea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristicsof the influence of martial law on tax regulation are carried out depending on the stages. The beginning ofthe first is associated with 2014, while the second - with 2022. Despite common features (narrowing of theterritories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.),differences in the content of these stages have been singled out. European integration processes, whichreflect the movement of Ukraine towards the European community, provide for the adjustment of the natureand content of tax legislation in the following directions: a) adaptation of the current tax legislation ofUkraine to European requirements; b) consideration of European prescriptions at the stage of developmentof zocono projects; c) achieving a balance of acts of the national legislation system.Three areas of relations, which most fundamentally affect the legal status of tax regulation, havebeen studied. The prospects of tax changes depending on the state of war, the prospects of the impact ofharmonization of EU legislation and national legislation, the need to take into account the processes ofdigitalization of tax relations are considered.On the basis of the conducted research, conclusions were made and recommendations were maderegarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the borderwith other industry regulations. Adjustment of the current set of legislative norms determines the importanceof a systematic approach to the turnover of virtual assets. The formation of a generalized, systematicapproach to these relations is fundamentally important. In order to achieve such a state, it is very importantto supplement the private law means of regulating the circulation of virtual assets with effective tools ofpublic and legal influence (taxation, supervision, public control). The study analyzes the substantive factorsof the regulation of such relations proposed by the two draft laws.

Human right to be forgiven

The article examines in detail the concept of “a person’s right to be forgotten” as an important aspect of a natural person’s right to information about himself, which allows a person to demand the removal or destruction of his personal information. The question is also devoted to the main aspects of the history and development of the “right to be forgotten” concept. The author states that a significant contribution to the regulation of the right to be forgotten within the framework of the legislation on personal data protection was made by the European Union. After all, EU Regulation 2016/679 defines the conditions for obtaining this right, the conditions for fulfilling requests to delete information about yourself, and the circumstances under which this right may be limited. However, this Regulation does not take into account the entire amount of personal information, which complicates the process of realizing the human right to be forgotten. It has been determined that different countries develop their own approaches to the right to be forgotten. It was found that the current legislation of Ukraine provides for two stages of “forgetting”: a court decision and filing a complaint for violation of the terms of consent to the processing and storage of personal data. At the same time, the decision of the European Court, which became key in the world judicial practice regarding the human right to be forgotten, was considered. In addition, the balance between the right to be forgotten and freedom of information is described. The public interest and ethical aspects in the context of the right to be forgotten are studied. The need for transparency and a balanced approach to the researched law is substantiated. The technical aspects of the human right to be forgotten and the challenges they generate are also described. The complexity of technical data deletion and the challenges of data caching and indexing have been studied. The general aspects of ensuring the security and protection of data during deletion are identified, as well as the impact of artificial intelligence and automation on the human right to be forgotten.

A person’s right to be forgotten

The article examines in detail the concept of “a person’s right to be forgotten” as an important aspect of a natural person’s right to information about himself, which allows a person to demand the removal or destruction of his personal information. The question is also devoted to the main aspects of the history and development of the “right to be forgotten” concept.
 The author states that a significant contribution to the regulation of the right to be forgotten within the framework of the legislation on personal data protection was made by the European Union. After all, EU Regulation 2016/679 defines the conditions for obtaining this right, the conditions for fulfilling requests to delete information about yourself, and the circumstances under which this right may be limited. However, this Regulation does not take into account the entire amount of personal information, which complicates the process of realizing the human right to be forgotten.
 It has been determined that different countries develop their own approaches to the right to be forgotten. It was found that the current legislation of Ukraine provides for two stages of “forgetting”: a court decision and filing a complaint for violation of the terms of consent to the processing and storage of personal data.
 At the same time, the decision of the European Court, which became key in the world judicial practice regarding the human right to be forgotten, was considered. In addition, the balance between the right to be forgotten and freedom of information is described. The public interest and ethical aspects in the context of the right to be forgotten are studied. The need for transparency and a balanced approach to the researched law is substantiated.
 The technical aspects of the human right to be forgotten and the challenges they generate are also described. The complexity of technical data deletion and the challenges of data caching and indexing have been studied. The general aspects of ensuring the security and protection of data during deletion are identified, as well as the impact of artificial intelligence and automation on the human right to be forgotten.

Problems of selection of jurisdiction criteria in administrative proceedings

Based on the current legislation of Ukraine, the article examines the theoretical and practical problems of determining the criteria of jurisdiction in administrative proceedings. The relevance of the study determined by the fact that the dynamics of procedural legislation indicates the search for the most constructive option for regulating the institution of jurisdiction. The object of the study is the set of administrative procedural legal relations arising in relation to the competent court of first instance. The subject is the regularities of the emergence and development of administrative procedural legal relations regarding the jurisdiction of a legal case. The methodological basis made up of general scientific and private scientific research methods: functional, formal-legal, legal forecasting and others. It noted that jurisdiction must depend on the constituent parts of the claim, that is, on its elements. As a result, the criteria of jurisdiction can be the method of protecting the right and the object of the dispute, the basis of the claim and the parties to the dispute. The nature of disputed material legal relations affects the establishment of jurisdiction due to the legal basis of the claim. The elements of the claim and the type of proceedings are necessary and sufficient criteria for jurisdiction in administrative proceedings. It indicated that there is a need for a direct relationship between subject jurisdiction and the procedural form of case consideration. Different substantive jurisdiction of cases should imply a different order of consideration, since an error in determining jurisdiction actually leads to an error of the entire procedural form. Only such dependence can explain the necessity of subject jurisdiction. In administrative proceedings, it is necessary to distinguish the types of jurisdiction of the court of first instance: subject, subject, territorial. Subject jurisdiction involves determining the competent system of courts. Subject jurisdiction represents the differentiation of the powers of courts of the same system. Territorial jurisdiction as a species retains its content and division into subspecies. Further research should directed to the study of exclusive jurisdiction in administrative proceedings.

Definition "farmer" in EU legislation and its implementation into the legislation of Ukraine

The article is devoted to the issue of unification in Ukrainian legislation the definitions that are used in the European legislative acts concerning the Common Agricultural policy (hereinafter - CAP), particularly, the definition of "farmer" as a beneficiary of direct payments.
 There are numerous definitions of subjects providing agricultural activity according to the current Ukrainian legislation: agricultural producer, manufacturer of agricultural products, household, agricultural enterprise, subject of agro-industrial complex, agricultural cooperative, individual farm, farming enterprise, family farming enterprise, farming enterprise as an individual entrepreneur. Instead of this the European agricultural law operates with the term "farmer".
 In order to provide the correct and barrier-free applying of CAP provisions that would regulate the agricultural activity of Ukrainian persons, legal and natural ones, after Ukraine becomes the member of the European Union, it is necessary now to conduct a research of the concept of term "farmer" according to EU legislation and the related definitions such as "agricultural activity", "agricultural products", "active farmer", "young farmer", "new farmer". The obtained results could be taking into account in the legislative amendment process that is taking place in Ukraine due to the granted status as a candidate to the EU. Abovementioned is the aim of these thesis.
 In order to gain correct understanding of the term "farmer” in the EU countries the structure of the European agricultural sector is analyzed by the author. Summarizing the conducted research it is stated that due to the European approach enshrined in the CAP the term "farmer” is a general definition to all the persons that provide agricultural activity irrespectively to their size, organizational structure, type of management etc. In order to harmonize the national Ukrainian legislation to the European one there are several propositions how to amend the legislation.

PROTECTION OF THE RIGHTS OF HEALTHCARE WORKERS IN THE LIGHT OF EUROPEAN INTEGRATION PROCESSES

The aim of the article is to thoroughly characterize the rights of all health care workers in accordance with the current legislation of Ukraine, as well as to identify problems that arise in the process of protecting the rights of health care workers and to propose ways to eliminate them.
 Materials and methods. In the course of the research 1,000 healthcare workers were interviewed and surveyed regarding the violation of their fundamental rights in the city of Kyiv and medical and preventive institutions of the Kyiv region. Evaluating the violation of the rights of health care workers, it was found that every fifth medical worker notes the violation of his rights by patients, which is 70%, and by health care institutions – 25%; from colleagues – 3%; the other 2% refrained from answering.
 The results. As of January 1, 2024, according to the statistical data of the National Health Service of Ukraine, it is stated that from January 1, 2022 to December 31, 2023 in Ukraine: the number of specialist doctors increased by 5.2% (+4667), by 4.9% (+1280) – primary care physicians (PHC), by 6.7% (+9961) – secondary medical personnel [1]. Thus, the number of medical workers (doctors, middle and junior staff (without pharmacists)) in the Electronic Health Care System as of January 1, 2022 was more than 288000, as of January 1, 2024 – 345000, and medical institutions – 7,393. In July 2023, the number of medical workers was already 396000, and the number of medical institutions was 6559. Whereas in December, the number of medical workers increased to almost 520000, and medical institutions – to 8444 [2].
 Conclusions. In order to improve the protection of the rights of healthcare workers, it is necessary to implement at the legislative level the concept of medical neutrality, which should apply in all democratic countries, regardless of the situations that arise in society. The authors formulated the main principles of medical neutrality, in particular: protection of medical workers, patients, health care institutions and other medical formations, medical vehicles from attacks or from illegal interference; free access to medical care, in particular treatment, as well as necessary medicines and medical devices; humane treatment of the entire civilian population; lack of discrimination in the treatment of the sick or injured; observance of the rights of patients, in particular, to keep a secret about the state of health, to refuse treatment.

Selected aspects of contractual regulation in the context of digitalization of the economy

Problem setting. One of the most noticeable modern trends is the coverage of digitalization processes in all spheres of life, including the economic sphere, which is accompanied by a rapid expansion of the electronic format of contractual interaction of participants in economic transactions and a change in the very methods of carrying out the latter. At the theoretical level, there are several approaches to the regulation of certain aspects of contractual relations in the field of e-commerce, in particular, with the help of: analogy of the law; customs of business turnover; contractual regulation at the level of individual agreements on the use of an electronic contract form and/or electronic signature, etc.; special legislative acts in this area; complex regulation using different levels of sources. It is the last approach that has gained the most widespread and support among modern scientists. Analysis of recent researches and publications. The issues of concluding, changing and terminating electronic contracts with the participation of business entities were studied in the works of O. M. Vinnyk, M. M. Dutov, S. V. Zlobina, N. B. Koval, N. V. Koryagina, V. L. Despite this, in the practice of contractual and legal regulation of economic transactions in the field of electronic commerce, a unified approach has not been formed regarding the optimal transformation (change or special application) of the established principles of contract law regarding electronic contracts. That is why the purpose of the article is to highlight and analyze problematic issues of legal support for electronic contractual interaction between participants in business relations. Purpose of the research is to highlight the problematic issues of legal support for electronic contractual interaction of the participants in business relationships. Article’s main body. The article notes the lack of a unified approach to the optimal transformation of the established principles of contract law in relation to electronic contracts. Special attention is paid to the procedure for concluding electronic contracts with the participation of business entities and to the content of the concept of “electronic form of contract”. Approaches to the legal nature of electronic offers and acceptance, as well as procedural aspects of their implementation, were investigated based on the analysis of scientific views and the current legislation of Ukraine. Existing legislative dysfunctions in the regulation of the specified issues are highlighted and separate proposals for their elimination are formulated. Conclusions and prospects for development. The article concludes that the agreement of the parties to conclude a contract with the help of information and communication systems is not a sufficient reason to consider it concluded in writing. It is noted that the recognition of the electronic form of the contract as a type of written contract does not correspond to the European approach, according to which only a qualified electronic expression of will is equated to a written form. The necessity of harmonizing the relevant provisions of the Civil Code of Ukraine, the Economic Code of Ukraine, the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc., in terms of content and correlation of such concepts as “electronic form of transaction”, is emphasized. “electronic transaction”, “electronic form of contract”, “electronic contract”, “electronic document”, “electronic form of providing information”, etc.

Analysis of the results of study allergens in food in 2021

One of the biggest problems in the world is allergy, the clinical manifestations of which can be of varying degrees of severity – from dermatitis to Quincke's edema and anaphylactic shock. More than 250 million people suffer from food allergies. It has been scientifically proven that more than 70 food products can cause allergies. The main allergens are products of plant and animal origin, such as nuts, cereals, fish and seafood, eggs, etc. Celiac disease is one of the manifestations of allergy or individual intolerance to cereal plants. This genetic, autoimmune disease manifests itself due to the consumption of gluten-containing products occurs with a frequency of 1:3000. According to the current Ukrainian legislation, product manufacturers are obliged to indicate on the packaging of products information about the presence of food allergens, but very often they do not do this, misleading buyers and putting people who have such a problem at risk. Considering the above, there is a need to conduct state control of food products for the presence of allergens to control manufacturers regarding the labeling of allergens. The work aims to analyze the results of real-time state control of allergens in food products by PCR. The analysis of the studies of allergens in food products showed that 25.4 % contained allergens not indicated on the product packaging. This means insufficient control by manufacturers and severely violates current legislation. According to the results of the State Allergen Control Program, undeclared allergens were found in 25.4 % of food products from the total number of tested samples: in 9.3 % of sweets, 6.9 % of bakery products, 2.3 % of beverages, 6.9 % of precise products. Considering the urgency of the problem, there is a need to develop and implement a state program for monitoring allergens in food products in order to control the requirements of the current legislation.

Determination of the time of death of a domestic cat by measuring the area of a wet spot

Animal cruelty is a criminal offence under the current legislation of Ukraine. When investigating criminal proceedings related to animal cruelty, including domestic cats, it is often necessary to establish the time of death. Therefore, the development of new methods for determining it and improving existing ones is extremely relevant. The purpose of the study was to establish the relationship between the obtained values of wet spot area indicators and the time of death. To achieve this goal, the authors propose a new method for determining the age of death of domestic cats based on the results of measuring the area of a wet spot obtained from skeletal muscle tissue samples of corpses (Shkundia method). To do this, samples of muscle tissue were taken from the corpses of cats, a wet spot preparation was obtained by pressing and its area was calculated to establish a correlation between the values of this indicator and the time that has passed since death. The study of the obtained indicators established that these values are constant, and the features of fluctuations in the values of this indicator with the time elapsed since the death of the animals were established and shown graphically. Using a number of statistical methods, the absence of dependence of wet spot area indicators on the muscles from which samples were taken for research and animal breeds was determined. The nature of changes in the values of the wet spot area indicator depending on time is established and the features of their fluctuations in different periods during 27 days from the moment of animal death were explained. Reference values of these indicators depending on the time elapsed since the death of animals are presented, which can be used by forensic veterinary experts in practical work to determine the time of the occurrence of death of domestic cats. Due to a number of advantages, this method can be widely implemented in the practice of forensic veterinary medicine

Legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine)

The legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine) is considered. The legal aspects related to the change of the existing system of radiation protection of a person from the impact of ionizing radiation, which is based on the approach - «practice» and «intervention», to the modern European system of radiation protection, which is based on situational analysis and the key concept of the updated system, have been studied. what is the exposure situation, which is defined as one of three situations: planned situation, emergency exposure situation, existing exposure situation.
 According to the results of the study, the need for a comprehensive approach to the implementation of EU legislation in the legislation of Ukraine «on the example of the Council Directive 2013/59/Euratom» is substantiated. In particular, we believe that it is advisable to do this by one separate law, and not in parts, since without the implementation of the main provisions, the implementation of individual provisions leads to problems with their implementation. In our opinion, the Government of Ukraine should develop an «autonomous road map» for each EU directive, the implementation of which concerns the field of activity of more than one public administration body in the field of nuclear energy use, since some provisions of the Directive are not included in the draft laws on implementation, as they belong to spheres of administration of another state administration body. At the same time, aspects of the extensive legislation regulating relations regarding liquidation of the consequences of the Chernobyl accident should be reflected, in particular in the part of radiation protection, which cannot be reflected in the Directive, but belong to the scope of its regulation. Thus, it will simultaneously allow internal harmonization of legislation and avoid the situation of double interpretation of legislation, will contribute to overcoming contradictions, collisions and gaps in the current legislation of Ukraine.
 In some cases, it is important to carry out the synchronous development of other basic regulatory documents, in particular, new Radiation Safety Norms in order to make a harmonious transition from the existing to a new system of radiation protection of humans against the effects of ionizing radiation. In the future, this will contribute to a more successful systematization and harmonization of the entire array of normative legal acts of nuclear legislation in Ukraine.

Financing of the armed forces of Ukraine under the conditions of the state of martial: the European integration vector

In the conditions of Russian aggression, the state of funding of the Armed Forces of Ukraine is important in view of the direct impact on the outcome of hostilities, the future of European countries, and on the further advancement of Ukraine through European integration.
 The basis of the administrative and legal regulation of the financing of the security and defense sector, including the Armed Forces, is: the Military Security Strategy of Ukraine, the National Security Strategy of Ukraine, the Law of Ukraine “On National Security of Ukraine”, annual laws “On the State Budget of Ukraine”.
 As a result of the conducted analysis, it was established that during 2016–2021, budget financing of the Ministry of Defense of Ukraine amounted to 2.1–2.4% of GDP or 2.5–2.9 billion dollars. the USA, while the amount of expenditures for similar purposes in the USA is 600–650 billion dollars, in China – 215–250 billion dollars, in the aggressor country – 70 billion dollars. Only in 2022, the specified volume of expenditures in Ukraine reached 21%, approximately the same amount is planned to be financed in 2024 (1,693 billion UAH).
 Among the main problems in the field of financing the Armed Forces, the following are highlighted: the budget of Ukraine is not a development budget; the amount of budget expenditures depends on charity, humanitarian and international technical assistance; inefficient structure of defense budget expenditures; lack of objective opportunities for growth of own income sources.
 These shortcomings became one of the reasons for Ukraine’s unpreparedness to protect its borders and significant losses during the Russian aggression during 2022-2023. This convinces of the need to comply with the current legislation of Ukraine, which combines the administrative-legal and financial- legal principles of regulation of the sphere of security and defense in Ukraine, including the Armed Forces. It is possible to achieve an increase in the volume of income sources in Ukraine through the modernization of the defense-industrial complex. Transfers from the EU remain important and necessary - this confirms the necessity of the European integration vector for the further development of our Another way to overcome the identified problems is the attraction of direct foreign investments for post-war reconstruction through the removal of regulatory levers. Along with state domestic financing and attracting private capital, Ukraine will need financing of infrastructure projects from relevant EU funds (as public funds), which requires maximum transparency, accountability and control.

METHODOLOGICAL APPROACHES TO DETECTING UNDECLATED WORK

Negative economic phenomena such as the informal labor market and informal employment in the formal sector are becoming increasingly widespread and pose a major threat to the economy as a whole and to social security in the labor market. These phenomena have the following common features: illegal employment of an employee without entering into an employment contract, which is provided for by the current legislation of Ukraine, concealment of actual working hours and payment of wages "in an envelope", substitution of actual employment contracts with civil and commercial contracts, non-payment of taxes, social insecurity and a high probability of employees being unemployed. At the same time, in the event of an injury in the informal labor market, the injured worker must spend significant funds on treatment without any compensation payments.
 The author examines the priority areas of state policy aimed at eliminating the threats of the informal labor market and the main reasons for the spread of informal employment in Ukraine, taking into account the specifics of the current state of the economy, as well as the consequences of informal social and labor relations for both the employee and the state (a significant reduction in the volume of budget revenues, as well as the share of tax revenues). The purpose of this study is to create tools for assessing the status of formalization of labor relations in Ukraine with a view to properly organizing state supervision (control) measures to identify undeclared labor relations, and to ensure uniformity of approaches for labor inspectors to assess the risks of undeclared labor by entities. A phased expert evaluation of measures to reduce production risk at an industrial enterprise with the introduction of weighting coefficients according to certain criteria is proposed. A consistent model for managing the risks of using undeclared labor has been developed, based on a component method for assessing the risk of traumatic events and a mathematical model of management decisions. This model takes into account all available information on labor relations obtained from various sources of its accumulation in the executive authorities, stimulates preventive activities and allows to establish the dependence of the level of occupational risk on the validity of labor protection measures and reduce the influence of the subjective component of expert judgments

Особливості грошового забезпечення військовослужбовців і додаткової винагороди в період дії воєнного стану в Україні

This paper intends to determine and systematize the basis, procedure, and conditions for accrual and financial compensation, as well as extra compensation for military personnel during martial law. The methodological basis of the research is a system of general scientific and special methods of scientific knowledge, namely: dialectical, formal-logical, systemic-structural, and formal-dogmatic. The legal regulation of financial support and extra compensation for military personnel in Ukraine contains numerous legislative and by law norms. The lasting changes in the legislation, the development of scientific opinion regarding financial support, and the escalation of the war in Ukraine require the systematization of the grounds, procedure, and conditions for accrual and financial compensation, as well as extra compensation for military personnel during martial law. As a result of the study, the author’s own vision regarding the definition of the concept of financial support for military personnel is given. The main grounds, procedure, and conditions for accrual and financial compensation, as well as extra compensation for military personnel during martial law, have been established and systematized. A circle of controversial issues related to financial support and extra compensation, for the resolution of which the military personnel turns to the court, has been highlighted. The conclusions of the scientific research are based on an in-depth analysis of the current Ukrainian legislation, court practice and scientific literature, that reveal the issue on financial support and extra compensation for the military personnel. The results of the study can be used in the future for law-making, research activities of forensic institutions, practical activities, and other purposes.

The ownership right to housing acquired by one of the spouses during marriage due to privatization

In Art. 47 of the Constitution of Ukraine, everyone is guaranteed the right to housing. The current legislation of Ukraine is generally aimed at assisting citizens in realizing their right to housing. For example, in Art. 4 of the Law of Ukraine "On preventing the impact of the global financial crisis on the development of the construction industry and housing construction” dated 12.25.2008 the features and mechanisms for providing individuals with affordable housing were introduced. At the same time, it is worth noting that a large part of the housing stock became the property of citizens in connection with privatization. Similarly, the national law also provides for the possibility of privatization of land plots. Despite this, family law, in terms of determining the legal regime of ownership of such objects, has undergone changes and in different periods of time provided for the presumption of joint compatible or personal private property of the spouses. Therefore, taking into account that, when considering disputes regarding the division of marital property, the determination of the regime of ownership is carried out on the basis of the legislation that was in effect at the time of acquisition of such ownership, the study of the problems of legal regulation of ownership of privatized housing during the period of marriage still remains relevant.
 Privatization of the state housing stock is the expropriation of apartments (houses), residential premises in dormitories intended for families and single persons, rooms in apartments and single­apartment houses where two or more tenants live, and the economic buildings and premises belonging to them (basements, barns, etc.) of the state housing fund for the benefit of citizens of Ukraine. Based on the analysis of the legislation of Ukraine, it is possible to conditionally distinguish three periods in the regulation of the legal regime of ownership of "privatized” property: 1) until February 8, 2011; 2) since February 8, 2011 - till June 12, 2012; 3) since 13.06.2012 - until now.

Administrative and legal regulation of surrogate maternity in Ukraine

The article is devoted to the study of key aspects related to the legal regulation of the institution of surrogacy, and this study covers both the domestic legislation of Ukraine and the laws of foreign countries.
 The article includes an analysis of the legal regulation of surrogate motherhood in various countries of the world, in particular, the United States of America, Israel, Australia and others. The special focus of the study includes the analysis of the legislation of these countries and their approaches to the regulation of surrogacy.
 In addition, the article examines the norms, requirements and criteria that exist in the current Ukrainian legislation regarding gestational surrogacy. Based on the analysis of this legislation, conclusions are put forward, which indicate the need for further improvement of the legal regulation of surrogate motherhood in Ukraine. In particular, the article expresses the idea of a possible creation of a separate law aimed at regulating procedural aspects and relationships in this field of medicine.
 This article is a valuable source of information and analysis for anyone interested in the current state of legal regulation of surrogacy, both in Ukraine and elsewhere
 In addition, the article points to the importance of the urgent need for further improvement of Ukrainian legislation on surrogacy. The proposed creation of a separate law aimed at regulating procedural aspects and relations in the field of surrogacy can contribute to a more qualitative and systematic approach to this issue in Ukraine.
 The general conclusion from this article is that the legal regulation of surrogate motherhood is an urgent and complex problem, and the further development of this field of medicine requires a well-founded, consistent and objective approach on the part of legislators and other participants in the process.

Liability of legal entities under public law under the immunity of the foreign state that created them

The article analyses current Ukrainian legislation, international conventions and doctrinal approaches to the issues of liability of public law legal entities under the immunity of the foreign State which created them. It is noted that by their legal nature, immunities as they exist in modern law are legal exceptions established by the State, since they are legal means aimed at regulating public relations. A characteristic feature of legal immunity is that it provides for additional rights or exemptions from obligations only in the area of legal liability.
 The emphasis is placed on the fact that the proponents of the theory of limited immunity proceed from the need to divide the actions of a sovereign state into public and private actions and the need to apply different regimes to them. Even if the state continues to refer to absolute immunity, it will not solve the urgent problems, since most states have already abandoned this theory and their courts consider cases accordingly. Thus, the consequence of non-recognition of the decisions of these courts in the field of commercial activity will be the complete exclusion of the state from international relations in the private sphere.
 It has been concluded that the possible participation of legal entities under public law within civil legal relations, which is currently being actively discussed, does not have unambiguous support among specialists. This state of affairs is caused by the unresolved issues regarding the procedure for managing such a legal entity, what rights it has with regard to the transferred property, and what is its status and responsibility for its activities. The current approaches to characterising the civil law status of such a person as a subject of legal relations do not have a common denominator. The above facts do not provide an answer to the question of property independence of public law legal entities from the State which created them and the possibility of holding them liable for the debts of such a State. As a result, the above range of problematic issues gives rise to a new issue which is the liability of public law legal entities within the immunity of the foreign state which created them. The lack of a clear definition of the property of a public law legal entity, the influence of the State that created it on the management of such a legal entity and the possibility of holding it liable for the State’s debts in international relations (application of State immunities) necessitates further research in this area.

Насильницька статева злочинність в Україні: характеристика та міжнародний досвід

Annotation. The article examines the normative and legal characteristics of the concept of «violent sexual crime», studies the opinions of Ukrainian scientists regarding the problem of detecting violent sexual crime, and examines the statistical data of the Prosecutor General's Office regarding the frequency of this type of criminal offense. The foreign experience regarding the peculiarities of differentiation of violent sexual crime in the criminal legal acts of the Kingdom of Spain, the French Republic, and the Republic of Poland was analyzed. Violent sexual crime is considered as a multifaceted complex phenomenon that requires research from various aspects, such as: prevalence on the territory of the state, profile of victims and criminals, mechanisms of combating such crime. The current state of the legal context of criminal offenses against sexual freedom and personal integrity has been studied, in particular the definition of crimes, the establishment of criminal sanctions and the imposition of punishments on guilty persons in the current legislation of Ukraine. The main criminologically significant signs of violent sexual crimes are formulated, which can later become the basis for developing a strategy to combat violent sexual crime in Ukraine.

Структура правових відносин пов'язаних із обігом віртуальних активів

The article discloses subjects and objects of legal relations that are related to the circulation of virtual assets on the virtual assets market of Ukraine. The relevance of the research is determined by the fact that the article analyzes the innovations of national legislation and in the context of the implementation of the basis of legal regulation of cryptocurrency exchanges as subjects of the virtual assets market. In particular, the provisions of the Law of Ukraine «On Virtual Assets» were considered as a future legal basis for the legalization of cryptocurrency exchanges and the virtual assets market as a whole. The article highlights the positive and problematic aspects of the regulation of the above-mentioned law. In particular, the presence of freedom of emission and decentralization can be attributed to the positive aspects. The absence of intermediaries in transactions leads to a decrease in costs. That is, virtual assets are available to a wide range of users and have a fairly high degree of protection. Negative points are manifested in the presence of the threat of illegal use of virtual assets for the purpose of financing terrorism, carrying out subversive activities, trading in prohibited goods and using them to launder the proceeds of crime. The purpose of the study was to consider and reveal the structure of legal relations related to the circulation of virtual assets in accordance with the current legislation of Ukraine. The following research methods were used during the research: general scientific research methods (deduction and induction, synthesis and analysis, scientific abstraction, systematic approach); special legal methods of knowledge (formally legal, comparative legal, retrospective, legal forecasting); methodological substantiation of the essence, structure and nature of the structure of legal relations in the field of circulation of virtual assets, which is the object of the study. The legal participants of the virtual assets market, the procedure for their registration, licensing of activities of service providers related to the circulation of virtual assets are characterized. Based on the analysis, it was emphasized the importance of determining the legal mechanisms of state regulation, supervision and monitoring of the activity of cryptocurrency exchanges, finalizing the provisions of the law, as well as the need for further research on this topic of the article. The conducted research summarizes the existing structure of new legal relations related to the circulation of virtual assets.

Formy i sposoby sotsialnoho zakhystu viiskovosluzhbovtsiv v Ukraini

This article focuses on elucidating current academic perspectives on the principal forms and methods of social protection for military personnel in Ukraine. Through an exploration and clarification of the concept of social protection for military personnel and an analysis of approaches to understanding the essence of its forms, the article formulates a definition of the concept of social protection forms for military personnel in Ukraine. These forms are conceptualized as well-established activity models for legal subjects, aligned with legal principles and stipulated by law. They are aimed at securing (in line with specific areas of social protection) an adequate level of social security for military personnel and, in certain cases, their family members. This is achieved by employing relevant methods and deploying suitable means within the defined framework of social protection for military personnel. Several specific features distinguish contemporary forms of social protection for military personnel in Ukraine. Firstly, these forms delineate the characteristics of activities aimed at ensuring an adequate level of social security for military personnel. Secondly, the objective of these forms of social protection is to establish conditions conducive to a socially secure existence for military personnel and, in certain instances, their family members within the ambit of the relevant area of social protection. Thirdly, these forms of social protection encompass the planning, organization, initiation, progression, and conclusion of specific legal relations pertaining to the social protection of military personnel. Fourthly, in Ukraine, the forms of social protection for military personnel are integrated into a comprehensive system comprising various types of social protection forms, each aligned with the principal areas of social protection. The author identifies the following principal forms of social protection for military personnel in Ukraine: the health and recreational form, the housing and living form, the labor law form, the material form, the pension form, and the social adaptation and rehabilitation form, among others. The methods of social protection for military personnel in Ukraine can be conceptualized as standard actions prescribed by law (and aligned with legal principles), employed through various techniques within established forms of social protection. These methods are instrumental in ensuring the state of social security for military personnel and, in some cases, their family members. Current Ukrainian legislation delineates several primary methods of social protection for military personnel, including social services, social assistance, and benefits. The article concludes by summarizing the research findings and suggesting future avenues for advancing scholarly understanding of the prevailing forms and methods of social protection for military personnel in Ukraine.

FOREIGN EXPERIENCE OF LEGAL REGULATION OF TRADE SECRETS AND KHOW-HOW

The purpose of this article is to consider the peculiarities of the legal regulation of trade secrets and know-how (confidential information) by foreign legislation. This article analyzes the provisions of the laws of individual countries and known doctrines and concepts to determine the basic premises of the approach to understanding trade secrets and know-how (confidential information) in view of the existing theories there. This was done on the example of countries with a continental (pandect) legal system. The methodological basis of the research is general scientific and special methods of cognition. The use of these methods made it possible to describe problems related to the peculiarities of legal regulation of trade secrets and know-how (confidential information) by foreign legislation. Results: the violation of commercial secrets and know-how (confidential information) is considered by the international legislation of foreign countries as a fact of unfair competition. At the same time, it should be noted that the laws on unfair competition of the countries of the continental (pandect) legal system are based on the theory of confidentiality (actual monopoly). Discussion: as is known, the current legislation of Ukraine, and in particular the Civil Code of Ukraine, is built on the model of the German (pandect) legal system.Therefore, the author believes that the foreign experience of countries with a continental (pandemic) legal system is of particular importance for the formation of national legislation on trade secrets and know-how (confidential information).