International Legal Provisions Research Articles

THE ROLE OF INTERNATIONAL LAW IN EXPORT IMPORT ARRANGEMENTS AND ITS IMPACT ON THE ECONOMY IN INDONESIA

International law plays a crucial role in the lives of the international community. Its role is essential in the current era of globalization to bridge any existing issues. Through international legal provisions, states prevent disputes from arising and settle those that have already occurred. In practice, international trade is often equated with exports and imports. Considering the increasingly complex processes of export and import, it would be challenging to apply the regulations of only one country. That is why international law exists, to provide solutions in minimizing differences in regulations between parties. The processes of unification and harmonization of laws come into play. The research questions in this study are: What is the role of international law in regulating exports and imports in Indonesia, and what is the influence of export-import activities on Indonesia's national economic growth? The research method used is normative juridical with a descriptive-analytical research specification. From the results of this study, the following conclusion is obtained: The legal aspects of international trade agreements for exporting and importing goods in Indonesia involve contractual aspects in accordance with the Civil Code Book III on obligations and principles of international law regulated in the Vienna Convention of 1986 and UNIDROIT on the harmonization of international civil law. Meanwhile, the organization of exporting and importing goods follows the provisions issued by the Indonesian government regarding export-import payment procedures and implementation methods in accordance with foreign exchange laws.

Phenomenology of domestic violence

The issue of combating domestic violence is one of the most important in today's conditions, both in Ukraine and throughout the world, because violence is recognized as violating human rights. In order to improve the situation and implement mechanisms for combating domestic violence at the international level, a system of international legal protection of the rights of persons, affected by this phenomenon has been created. The purpose of the work is to assess and study the provisions of international legal acts aimed at combating domestic violence. The research methodology is a complex of methods: historical, comparative-legal, descriptive, systemic-structural, dogmatic, sociological and modeling, induction and deduction, and philosophical method. As a result of the study, an analysis of the features of the emergence and development of international legal regulation in the field of combating domestic violence was carried out, in particular, the system and features of individual international acts aimed at regulating relevant relations are considered. Also, the criminal law rules regulating the fight against domestic violence were analyzed. Attention is drawn to the development and experience of the criminal-legal response to the investigated phenomenon in the international community and its transformation in modern conditions. The possible directions of the development of international legal regulation regarding the criminal legal response to domestic violence in Ukraine and the world have been determined.

International protection of persons with disabilities in risk situations

The article analyzes the provisions of international legal acts on the protection of the rights of persons with disabilities in situations of risk (the Convention on the Rights of Persons with Disabilities of 2006, the Charter on inclusion of persons with disabilities in humanitarian action of 2016, UN Security Council resolutions, etc.) It is indicated that the Convention on the Rights of Persons with Disabilities has changed the approach to disability: persons with disabilities are recognized not as objects of medical care and charity, but as holders of rights; this human rights-based approach to disability requires a new understanding of international humanitarian law, refugee law and emergency response mechanisms for persons with disabilities. The factors that increase the vulnerability of persons with disabilities in risk situations are identified, such as: the difficulty of self-evacuation; inaccessibility of information about evacuation routes, shelters and safe places, humanitarian assistance, warnings due to sensory impairments (blindness, hearing impairment) etc. The gaps in the national legal framework in this area are highlighted, in particular: the lack of specific measures to ensure the safety of persons with disabilities and various health disorders in risk situations; the lack of simultaneous visual and voice warning systems in public places and services; the lack of emergency accommodation for persons with disabilities; the lack of periodic risk assessments and measures to collect disaggregated data to identify and eliminate specific risks etc. The author highlights the measures aimed at ensuring the rights of persons with disabilities in risk situations: promoting the protection of persons with disabilities in conflict-affected areas, including their evacuation; taking into account the needs of persons with disabilities in evacuation plans and ensuring their accessibility; ensuring that the needs of persons with disabilities are fully taken into account in the provision of humanitarian assistance; providing persons with disabilities with access to emergency accommodation in risk situations, etc.

Establishment of international legal regulation on the criminal-legal combat against domestic violence

The issue of combating domestic violence is one of the most important in today's conditions, both in Ukraine and throughout the world, because violence (including domestic violence) is recognized as violating human rights. In order to improve the situation and implement mechanisms for combating domestic violence at the international level, a system of the international legal protection of the rights of victims of domestic violence and combating domestic violence has been created. The purpose of the work is to assess and study the provisions of international legal acts aimed at combating domestic violence. The research methodology is a complex of methods: historical, comparative-legal, descriptive, systemic-structural, dogmatic, sociological and modeling, induction and deduction, and philosophical method. An analysis of the features of the emergence and development of international legal regulation in the field of combating domestic violence was carried out, in particular, the system and features of individual international acts regarding the detection and response to cases of domestic violence are considered. Also, the criminal law regulations regulating the fight against domestic violence were analyzed. Attention is drawn to the development and experience of the criminal-legal response to domestic violence in the international community and its transformation in modern conditions. The possible directions of the development of international legal regulation regarding the criminal legal response to domestic violence in Ukraine and the world have been determined.

Transnational Smuggling of Migrant Workers from International Law Perspective

Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.

Legal justification for the prevention of corruption risks associated with the participation of state civil servants in the management of commercial organizations

The purpose of the article is to investigate the problem of preventing corruption risks associated with the participation of state civil servants on a gratuitous basis in the management of organizations and enterprises of various forms of ownership.The objectives of the article are to study the cases of participation of persons holding public positions in the management of a commercial or non-profit organization allowed by the legislator. To consider the external and internal corruption risks associated with the participation of state civil servants on a gratuitous basis in the management of organizations and enterprises of various forms of ownership, to clarify the causes of their occurrence.The practical result of the study is that, based on the provisions of Russian and international legal acts, in particular ISO 26000, ISO 37000, ISO 37001 and ISO 37002 standards, a list of measures and conditions for preventing corruption risks associated with the participation of state civil servants on a gratuitous basis in the management of organizations and enterprises of various forms of ownership has been developed.

Punishment as an object of scientific research: challenges and prospects

Is devoted to the study of the legal phenomenon of punishment from the perspective of the general theory of law. It argues the need for an integrated approach to identifying the most important characteristics of punishment, considering its historical roots, etymology of the term and development trends. Relying on dialectical methodology, the author examines the prerequisites for the formation of the social institution of punishment, starting with the emergence of the first taboo and/or prohibitions. The conclusion determines the universal nature of the phenomenon of punishment, which applies to any negative sanctions implemented as measures of legal responsibility in both public and private law. The work substantiates an increased relevance of the issue of adequate understanding of legal punishment in national and international law. Three groups of interaction of punishment with other legal phenomena (means) are differentiated; they are interaction with similar phenomena that include punishment (group 1), interaction with phenomena that functionally contribute to the consolidation and implementation of punishment (group 2) and interaction with phenomena that have an auxiliary effect on consolidation and implementation of punishment (group 3). The lack of consistency (unified strategy) in law-making and law enforcement decisions in relation to the system of punishments and its dynamics have been demonstrated. The institutional features of the system of punishments in the Russian Federation, subject to a general theoretical analysis, have been determined. Approaches to the definition of the legal meaning of impunity as an independent category of jurisprudence are considered. The author gives his point of view on the issue of the forms and content of impunity and substantiates the need for its further study. In addition to domestic and foreign doctrinal and reference publications, the provisions of international legal acts, national legislation and materials of judicial practice are used as a source base. The author formulates proposals regarding the directions for further research of the category punishment in the general theory of law.

Human rights education for representatives of legal professions: international legal aspect

The article analyzes the provisions of international legal acts at the universal and regional levels (Universal Declaration of Human Rights of 1948, International Covenant on Economic, Social and Cultural Rights of 1966, Basic Principles on the Role of Lawyers of 1990, Committee of Ministers Recommendation Rec (2004) 4 to member states on the European Convention on Human Rights in university education and professional training etc.) regarding education in the field of human rights for representatives of legal professions. It is noted that representatives of legal professions who are at the center of human rights protection should be able to obtain high-quality education in the field of human rights in order to effectively perform their human rights function and prevent human rights violations. Human rights education programs were described (the UN World Programme for Human Rights Education, Council of Europe Programme for Human Rights Education for Legal Professionals). It is indicated that the UN World Programme for Human Rights Education consists of a number of stages aimed at specific issues: the first stage (2005-2009) was aimed at including human rights in the educational program of primary and secondary schools; the second stage (2010-2014) was dedicated to education in the field of human rights in the higher education system and professional training programs for teachers, lecturers, civil servants, law enforcement officers and military personnel; the third stage (2015-2019) was aimed at employees of mass media, and the fourth stage (2020-2024) identified youth as the target group. It is noted that the Council of Europe Programme for Human Rights Education for Legal Professionals (HELP) consists in strengthening the potential of judges, lawyers and prosecutors, etc. on the application of European standards in the field of human rights through online courses that cover a range of topics in this field.

Transfer pricing policy concept model for MNEs in relation to strategic management

Purpose: Transactions carried out in MNEs among parent companies and subsidiaries affect the achievement of the strategic and operational objectives of MNEs, their financial results, taxes paid and intra-group relations. The aim of the paper is to justify the need to extend the areas of strategic management in MNEs to include the area of tax, in particular related to the valuation of transactions between entities within a group, and the need to meet the obligations related to transfer pricing. The practical aim of the article is to propose an original transfer pricing policy model for MNEs, which may be adopted to increase the transparency of settlements and have a positive impact on operational and strategic effectiveness within groups. Design/methodology/approach: The paper is based on qualitative research. Content analysis of legal provisions and prior literature was used for the collection of relevant data for building a transfer pricing policy model. Findings: A comprehensive and consistently implemented transfer pricing policy may help in optimizing the tax structure of MNEs, as well as minimizing the risk associated with changes in tax provisions. As an instrument influencing operational relations and performance management in MNEs, it can be a significant element of the strategic management of groups. Practical implications: The research impact upon MNEs is the possibility to apply and adopt the transfer pricing policy model proposed in the paper in order to support performance management within a group. Social implications: The way multinational entities conduct their business is often perceived negatively by society due to issues of tax evasion. The implementation of a comprehensive transfer pricing policy promotes corporate tax transparency and increases employee tax awareness. Originality/value: The originality of the article stems from a coherent combination of various aspects relating to intra-group transactions into one model, which on the one hand supports the management of subsidiaries, and on the other facilitates compliance with Polish and international legal provisions. The proposed model may be subject to further development. Keywords: corporate taxation, subsidiaries, accounting, compliance, tax avoidance. Category of the paper: research paper.

The growing role of telemedicine - possibilities and regulations concerning teleradiology in Poland.

In recent years, imaging studies have become increasingly used at various stages in the management of patients with various conditions and disorders. This process results in a necessity to provide an increasing number of exams, which involves a growing role of radiologists in assessing and reporting those exams. The article discusses tele-radiology as a method that can improve access to radiology services, presenting its potential benefits, as well as the risks involved. It analyses access to radiology healthcare services in Poland in the context of the international and Polish legal provisions concerning the right to healthcare. While funding for imaging studies for patients is widely available and imaging equipment in Poland is improving despite some shortages, the main barrier is identified in the number of specialists capable of assessing the exams. Teleradiology can alleviate this shortage, so the article presents legal provisions and international good practice guidelines in this area, focusing on documents issued by the European Society of Radiology, the American College of Radiology, and the British Royal College of Radiologists. The guidelines concerning such aspects as patients' rights, teleradiologists' qualifications, communication and reporting, responsibility, and technical requirements may help make teleradiology a safe and valuable component of the healthcare system in Poland.

PROCEDURAL STATUS OF PERSONS SUFFERING FROM MENTAL DISORDERS: INTERNATIONAL STANDARDS

The aim: To identify, group and analyze international standards in terms of regulating the criminal procedural status of persons su!ering from mental disorders. Materials and methods: In preparing the article, the following issues were worked out: the provisions of international legal acts; legal positions of the European Court of Human Rights regarding the observance of the right to a fair trial of persons su!ering from mental disorders; scienti"c research to ensure the rights of persons su!ering from mental disorders in criminal proceedings. The methodological basis of the research is dialectical, comparative-legal, systemic-structural, analytical, synthetic, complex research methods. Conclusions: Universal international standards of human rights retain their validity for persons su!ering from mental disorders; today, a clear synchronization of universal (global) and European standards for determining the procedural status of persons su!ering from mental disorders is being followed; the most justi"ed is a di!erentiated approach to solving the issue of personal participation of a person su!ering from a mental disorder in a court hearing.

Authoritative Parenting: The Best Style in Children’s Learning

The study purposes to analyses the influence of parents’ roles in their children’s learning, and claim the suitable parenting style with argumentations. The parents’ roles or accountability in children’s overall learning have been categorized into various parenting styles, i.e. authoritarian, authoritative, permissive, and uninvolved. A few types of research have indicated that parents in traditional societies have been exercising authoritarian parenting as a solution to make their children true followers. The national and international legal provisions are against this authoritarian parenting. On the contrary, most research has shown that authoritative parenting is the best style for children’s learning. It makes the children create socially valued self-esteem, develop social skills, democratic values, and personality traits, and value discipline. This theoretical study concludes that authoritative parenting makes children learn about humanism, mutual relationships, receptivity, conscientiousness, administer fair and consistent discipline, encourage independence, and express warmth and nurturance. The argumentations and claims under the discussion section signify the value of authoritative parenting.

The Effect of the Pre-emtive Military Strike Doctrine on Efforts to Establish New International Legal Provisions

Introduction: One of the interventional measures that can be justified under international law is self-defence. When there has been an armed attack, on the condition that it is instant, overwhelming situation, leaving no means, no moment of deliberation, that is a justifiable proposition for self-defence.Purposes of the Research: To examine and analyze the influence of the doctrine of pre-emtive military strike on efforts to establish new international legal provisions.Methods of the Research: This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. The collection technique is carried out through literature studies and then analyzed using qualitative methods.Results of the Research: The practice of some countries today in order to anticipate such an attack, pre-emtive military strikes are carried out in the context of anticipatory self-defense, with the aim of conducting self-defense before an attack occurs. The practice of anticipatory self-defence has become a serious conversation among academics, even when the act is practiced repeatedly continuously by a number of countries and recognized for its existence, it is certain to set a precedent that leads to the creation of an international customary law. Self-defence anticipatory measures applied in the doctrine of preemptive military strike have been adopted by several countries before and after the formation of the UN organization. But this has not set a legal precedent, despite efforts to make it an International custom through the practice of countries. If this is allowed to take place, it will at some point become customary international law. The application of the preemptive military strike will affect the establishment of new international law provisions.

Principles of somatic human rights as a basis for their implementation in the development of modern biotechnology

The article emphasizes that the creation and use of new technologies have a twofold impact on human rights. Technical and technological development makes it possible to increase labor productivity, which leads to the strengthening of the economy, raising living standards. In addition, the widespread use of new medical and biotechnologies improves the quality and duration of life. The gap between the emergence and further improvement of new technologies and the pace of social change continues to widen, which is a problem for finding consensual social norms, their assessment by society and their formulation as legislation. In these circumstances, it is difficult to develop effective legal regulation of emerging social relations. At the same time, a balance must be struck between a certain breadth of regulatory boundaries for the free development of technology and research and the normative establishment of restrictions and prohibitions to prevent risks and threats to the human person, his dignity and rights. In view of this, the human rights system serves as such a legal mechanism, as it has the opportunity to offer legal approaches to regulate the use of new technologies, taking into account the traditional values of recognizing the superiority of the human person and his rights. It is concluded that the practice of using human rights remedies in the field of genetic research, features of genetic information (may belong not only to the individual but also to the community, not limited to medical issues), the possible emergence of new objects of protection (e.g. human embryo) raise the issue of the formulation of special rights, which is part of the system of constitutional human rights in Ukraine. However, not all of the above- mentioned human rights, which follow from the provisions of international legal acts regulating genomic research, are formulated in the list of current human rights in Ukraine. Key words: human rights, generation of human rights, somatic rights, principles of law, rule of law, system, hierarchy, legal regulation.

The concept and features of the category «employees with family responsibilities »

The article comprehensively examines the concept and features of the category "employees with family responsibilities" and analyzes the current legislation, international legal acts, which provide for the understanding of the concept of employees with family responsibilities. The article examines the approaches of Ukrainian scientists to the definition of the concept of "employees with family responsibilities", as well as the norms of the Family Code of Ukraine regarding the definition of the concept of family. The article states that in accordance with the norms of the Family Code of Ukraine, a family is created on the basis of marriage, consanguinity, adoption, as well as on other grounds that are not prohibited by law and that do not contradict the moral principles of society." The Family Code of Ukraine establishes a list of subjects of family legal relations. The concepts of "disabled person" and "person in need of financial assistance" are also defined in the family legislation. The definition of these concepts gives a clear idea of ​​which persons may need care from an employee in an employment relationship. The international experience of employment of employees with family responsibilities and regulation of the labor market was studied. The protection of the right to labor protection of employees with family responsibilities is aimed at ensuring family support by providing these persons with guarantees and compensations defined by the Constitution of Ukraine, the Code of Labor Laws of Ukraine, international legal acts ratified by Ukraine. The article examines the peculiarities of female employment. It is emphasized that precisely because of employment in the labor market, women have the opportunity to realize their abilities, their talent and at the same time receive the necessary material income for themselves and their families. The conclusions drawn by the International Labor Organization at the international level regarding the definition of the concept of workers with family responsibilities are considered. The author concludes that, based on the provisions of international legal acts and the views available in scientific doctrine, employees with family responsibilities should include persons related to each other by personal non-property and property rights and obligations that arise as a result of conclusion of marriage, family relations, the fact of adoption or other form of acceptance of children into the family for upbringing.

Fundamental Principles of International Law in Remedy and Reparation for Genocide Victims: Remembering and Forgetting

All victims of human rights violations have the right to an effective remedy and to redress. Although this concept is a result of the responsibility of the state in cases of human rights violations, it is mostly important. International legal provisions on this issue are varied and often vague and do not use uniform terminology. Also, the detailed aspects of the duties of states in the prevention of grave violations of human rights have been established and refined in the international jurisprudence. The General Assembly, Recalling the provisions providing for the right to a remedy for victims of violations of international human rights law contained in numerous international instruments, in particular Article 8 and Article 2 of the International Covenant on Civil Rights (the Universal Declaration of Human Rights), (and Article 6 Of the International Convention on the Elimination of All Forms of Racial Discrimination). Without a doubt, for transitional justice, which seeks to address and transcend the legacy of impunity after mass abuse, the issues of truth-seeking, acknowledgment, and remembering victims are an essential part of our work towards building rights-deprived societies. Our time is bad. But not everyone agrees with this. There are many who say that it is better to turn the page, with the end of armed violence or systemic repression, that talking about the past, and insisting on noticing the commission of crimes and harms, may raise the risk of a return to violence. This perspective is It is often an honest response to years of turmoil, exhaustion, and fear, but unfortunately, too often these insights are used. It is overtly committed by those with influence and can be understood as a veiled threat in many circumstances. (Certainly this was the case in Chile and Guatemala, and perhaps today in Myanmar or Uganda.) Others argue that narratives of victimhood can be developed or manipulated into calls for revenge or that collective memory of grievances cannot be used to justify new wars, even centuries later. It is undoubtedly part of the context that we see in the Balkans, the Middle East, and the African shawl.

Evolution of Ukranian legislation on criminal responsibility

This article is concerning on peculiarities of evolution of Ukrainian criminal legislation at all stages of its development through complex analysis of its sources and historical periodization based on the principles of scientificity, historicism, objectivity etc., as well as the use of special historical, source-based, comparative methods and hermeneutics. The effectiveness of enforcement of criminal legislation, the consistent of the latter with the provisions of international legal acts requires a comprehensive scientific research, in particular thorough study of certain historical aspects. Such study will provide the background for future revision and improvement of the provisions of current criminal legislation. Key legal acts that emerged during the criminal legislation evolution (including customary law, “Rus’ka Pravda” (legal statute of Kyivan Rus), Lithuanian Statutes, hetman laws, Sachsenspiegel, Magdeburg Law, Laws to be used in courts by people of Little Rus, Lawbook of criminal and corrective penalties, Criminal Lawbook, “Guiding Principles on Criminal Law of Russian Socialist Federal Republic”, Criminal Code of the Ukrainian Soviet Socialist Republic and Criminal Code of Ukraine) have been studied. As a result the determination of key stages of criminal legislation development driven by socio-political and economic changes in the process of Ukrainian statehood establishment has been envisaged. The following periods of evolution of domestic legislation on criminal responsibility have been distinguished: 1) ducal period (9th – mid 14th centuries); 2) inclusion of Ukrainian lands into the Grand Duchy of Lithuania, Polish and Hungarian kingdoms and the Polish-Lithuanian Commonwealth (mid-14th – mid-17th centuries); 3) Zaporozhian Sich and Ukrainian Hetman State (mid-17th – end of 18th centuries) 4) accession of Ukraine into the Russian, Austrian and Austro-Hungarian Empires (end of 18th – beginning of 20th century); 5) Ukrainian Revolution and the restoration of Ukrainian state (1917-1921); 6) establishment and existence of Ukrainian Soviet Socialist Republic (1919-1991); 7) independent Ukraine (since 1991-2020).

The principle of freedom and personal inviolability in the criminal executive law of Ukraine

The article is devoted to defining the essence of the principle of freedom and personal inviolability in the criminal executive law of Ukraine. The provisions of international legal acts on the definition of this principle are considered. It is emphasized that the literal content of these international legal norms allows us to conclude that the authors of these acts are specifically focused on determining the principles of freedom and personal integrity within the legal relations related to the investigation of criminal offenses. It is noted that this principle should be interpreted in a broader way, taking into account its extension to the sphere of criminal-executive relations. The article presents the views and positions of domestic scientists on this issue. Scientific concepts on the definition of the principle of freedom and personal inviolability as one of the basic principles of criminal executive law of Ukraine are analyzed. The focus is on the analysis of “freedom” and “personal integrity” as separate elements of the generalized principle. The author’s point of view on the definition of the essence of freedom in the composition of the studied principle is given. The essential characteristics of personal inviolability are also determined, within which two key elements are separated. Such elements include: physical and mental integrity. The article emphasizes the correlation of these elements of personal integrity. The positive and negative aspects of the state regulation of the legal definition of both the element of freedom and personal inviolability as components of the principle of freedom and personal inviolability have been studied. The author’s view on the specified aspects of legal regulation is defined, in particular it is noted that positivity consists in normative definition of criteria of definition and realization of freedom and personal inviolability within the limits of criminal executive law. Instead, the element of negativity is the formation of a certain domestic policy of non-interference and non-interference in the implementation of the principle of freedom and personal integrity.

THE CONCEPT OF HUMAN ORGANS AND TISSUES WITH REFERENCE TO TRANSPLANTATION: LESSONS FROM INTERNATIONAL LAW

The definition of the term “human organs and tissues” is considered with reference to the transplantation of organs and tissues. We review the doctrinal approaches, provisions of international legal acts, international instruments, and national legal frameworks related to the transplantation of human organs and tissues. We conclude by proposing a definition of the terms “human organ” and “human tissue” with emphasis on the substantive aspects inherent in them.

Human rights in the context of climate change

The paper is devoted to the study of the interrelationship between climate change and human rights, identifying the emergency of the climate change problem and its direct impact on fundamental human rights. The provisions of key international legal acts in the sphere of climate change adaptation and mitigation are analyzed, focusing on human rights implications in the context of climate change. It is stated that human-driven climate change has a negative impact on the environment, human life and health, thus having a profound impact on a wide range of human rights. The analyses of particular human rights affected by climate change is carried out. These are the right to life, the right to self-determination, the right to development, the right to food, the right to health, the right to water and sanitation, the right to education, the right to housing and the rights of future generations. It is noted that despite the international recognition of the negative impact of climate change on the fundamental human rights, the developed measures for tackling climate change and thus for elimination and prevention of such impact are ineffective. It is mentioned that currently in Ukraine there is no formed national legal framework on climate change, while climate change regulatory provisions are mainly based on the provisions of strategic document, that have been formed as a response to international climate change obligations.