Law Of Ukraine Research Articles

Objective conditions for improving the protection of the rights of labour migrants in Ukraine

The research analyses objective preconditions for improving the protection of the rights of migrant workers in Ukraine. The research methodology included the dialectical combination of tools such as documentary observation and legal hermeneutics. Among the main results is that: sand analyzed the statistical materials and standards of current Ukrainian legislation governing the rights of migrant workers. Problems related to the implementation of the rights of migrant workers in Ukraine were determined. Objective prerequisites for improving the protection of the rights of migrant workers in Ukraine were identified. It was noted that the implementation of rights by migrant workers in the country depends on several conditions and, above all, it was the specificity of the legal regulation of this issue. It is concluded that Ukrainian law provides general guarantees to prevent discrimination against immigrants in terms of exercising their right to work. At the same time, the application of the rights of immigrants in our country depends on several objective and subjective conditions that should be discussed.

Criminal-legal ensuring of freedom of religion in modern conditions: a comparative analysis

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

Economic Law and Standardization: A Basis for Avoiding Risks in Business

Currently, in Ukraine, there is a system of technical regulation as part of the general system of standardization. Technical regulation is defined as a means of state regulation, which, like any legal regulation, is implemented by appropriate legal means. This explains the relevance of this study. This paper investigates the Economic Code of Ukraine, several Ukrainian laws (the Law of Ukraine "On Environmental Audit", the Law of Ukraine "On Standardization", the Law of Ukraine "On Technical Regulations and Conformity Assessment", etc.), and State standards. Technical regulation was also considered as a general category and a legal phenomenon, as a result of which it was noted that the technical regulation adopted in Ukraine for dividing products into food and non-food products is only a matter of supervision over the conformity of goods and the use of conditions for a specific legal act and type of product. It was concluded that standardization proceeds from social regulation and generates norms of a technical, organizational, or other orderly nature, transforming into legal provisions. Therewith, technical regulation also derives from legal regulation and gives rise to technical guidelines, which constitute statutory regulations that form part of the national legislation of Ukraine, including economic legislation. As a result, it is proposed to improve and supplement the wording of Part 2 Article 16 of the Law of Ukraine "On Standardization", and it is also proposed to reword Article 24 of the Law of Ukraine "On Technical Regulations and Conformity Assessment".
 Keywords: Technical regulation, laws of Ukraine, state standards, ISO, regulations.

On the question about opposition to the information component aggression of the Russian Federation

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

ЄВРОПЕЇЗАЦІЯ ТА РЕКОДИФІКАЦІЯ. УЗУФРУКТ

The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation in the Law of Ukraine of the best practice of usufruct in terms of Europeanization and Recodification. The peculiarities of usufruct in some countries of Romano-Germanic law, particularly in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia are studied. Usufruct, which is a flexible and universally recognized in the legal systems of Western Europe property right of personal possession for use, which is treated as an independent property right to another's property in the countries of Roman legal family or a kind of easement in the countries of German legal family, remains unknown to most countries – republics of the former Soviet Union. The law of Ukraine also does not provide for the institution of usufruct and regulates the relationship of long-term use of someone else's real estate through a number of limited property rights (emphyteusis, superficies, the right to economic management, the right to operational management) and obligational legal structures (usually land lease and property management). The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter "Uzufruct", the framework provisions of which are proposed in this paper. In the law of Ukraine it is expedient to recognize usufruct as an independent, different from easement, real right of personal possession for use, which serves as a general provision on emphyteusis (the right to use someone else's land for agricultural purposes). In this regard, the provisions of Chapter 32 of the Civil Code of Ukraine on usufruct should be applied to relations under emphyteusis, unless otherwise provided by the provisions of the Central Committee on emphyteusis and does not follow from its essence. According to its purpose, the legal structure of the usufruct can perform any functions of personal possession for the use of another's property, which allows the use of this legal structure in any area of property use, regardless of whether the purpose is income or other socially useful result (charity, etc.). The absence of usufruct in the national law hinders the effective transformation of legal titles on a state and municipal property by waiving the right of economic management and the right of operative management in terms of recodification of the civil legislation, and does not promote formation of the full-fledged land market and its steady development in the terms of cancellation of the moratorium on sale of the agricultural lands, conducting commodity of agricultural production in Ukraine. Regarding the recodification and cancellation of the Commercial Code, usufruct is the most acceptable replacement of the right of economic management and the right of operative management. Along with long-term lease and property management, the usufruct is functionally similar to the right to economic management and the right to operational management. Unlike property management and lease, usufruct provides for paid or gratuitous use of property in the user's own interest (usufructuary), imperatively defined by law, the content of the rights of participants and a list of grounds for their termination under the rules of property rights.

ЩОДО СПІВВІДНОШЕННЯ АДВОКАТСЬКОЇ ДІЯЛЬНОСТІ ТА ПІДПРИЄМНИЦТВА

The relevance of the topic of the scientific article is due to the development of the institution of the bar in Ukraine, in the process of which the issue arises about correlation between advocacy and entrepreneurship. This problem is not only theoretical, but also practical, since the determination of the legal status of an advocate as a subject of advocacy, as well as the taxation of this activity, depend on its solution. The purpose of the scientific article is to determine correlation of advocacy to entrepreneurial activity, as well as to resolve the issue of the possibility of combining these types of activities by an advocate. This problem is considered in two aspects: the possibility of a person combining advocacy activities with entrepreneurial activity and the possibility of carrying out entrepreneurial activity within the framework of advocacy activity. Based on the analysis of theoretical works and domestic legislation, it was concluded that the conduct of advocacy is compatible with any type of entrepreneurial activity. At the same time, Ukrainian law does not consider advocacy as an enterprise. The issue of taxation of advocacy is being considered. On the basis of tax legislation, it was concluded that advocates are considered to carry out independent professional activities, which excludes the application of a simplified tax system to them. The compliance of advocacy activity with the criteria of entrepreneurship was analyzed. The possibility of attributing advocacy to the types of entrepreneurial activity with preservation of specific tasks, guarantees and other features of advocacy activity is justified. This creates the basis for the possibility of taxing advocacy under in a simplified system. The delimitation of advocacy and entrepreneurial activity could remain only the subject of theoretical discussions, if not applied to the measurement of this problem relating to the approach to taxation of such activities. Consideration of advocacy as an entrepreneurial is more advantageous for lawyers, since it allows a simplified taxation system.

Viktor Novytsky: an attempt at a scientific biography.

Introduction. Victor Izmailovich Novytsky played a significant role in the life of the pre-war Ukrainian Academy, in the development of historical and legal science and archival affairs. He was a researcher of the Commission for the study of Western Russian and Ukrainian law of the All-Ukrainian Academy of Sciences and scientist-archivist of the Kyiv Central Archive of Ancient Acts. In 1938, the scientist was shot on falsified charges, and his creative legacy was artificially withdrawn from scientific circulation. It seems that the time has come to restore justice to the scientist and to give a proper assessment of his scientific achievements. The aim of the article. The reconstruction of the scientist's biography, clarification of the composition and evaluation of its scientific heritage. Results. The life and creative activity of V. I. Novytsky, a Kyiv intellectual in the third generation, was markedly influenced by his family and the city environment, his participation in the propaganda work of the Socialist-Revolutionary Party during his high school and university years. He was persecuted by the tsar for participating in the student movement, later became a member of the Ukrainian Central Rada (Central Council of Ukraine). Before the revolution, the researcher, doing science at his own expense, became an author оf a priority work on the history of the nobility of the 16th and 17th centuries. At the All-Ukrainian Academy of Sciences he prepared a number of problematic works on the history of Ukrainian law, in particular, of historiographical and methodological nature, developed the views of Mykhailo Hrushevsky on the stages of development of the law of the Ukrainian people. As a historian and archivist he was a profound connoisseur of act books, the author of interesting explorations of historical and geographical nature. Conclusion. The life destiny of V. I. Novytsky, a jurist and historian of the first third of the twentieth century, seems quite instructive, and his creative achievements are still not really appreciated. Researchers have yet to return a number of his scientific works to scientific circulation, to fill numerous gaps in the biography of the scientist.

ЕВОЛЮЦІЯ ВЧЕННЯ ПРО ДОВІРЧІ ВІДНОСИНИ В НЕЗАЛЕЖНІЙ УКРАЇНІ: ВІД ПОВНОГО ЗАПЕРЕЧЕННЯ ДО ВПРОВАДЖЕННЯ У ЧИННЕ ЗАКОНОДАВСТВО

The article addresses the development of the fiduciary relationship doctrine in Ukraine. Primarily, the paper covers the alteration in understanding the idea of trust and other trust-like constructions by Ukrainian society from the 90s of the XX century to present time. The purpose of the article is to highlight the main stages of and approaches to understanding of fiduciary relationship in general and trust and other trust-like constructions in particular, as well as to analyse their common and distinctive features in comparison to related legal institutions and to determine the prospects for their further implementation in Ukrainian law. Methodology. To shed the light on different approaches to understanding trusts and paratrust constructions, a comparative-historical method was used in the article; also the methods of analysis, ascent from abstract to concrete and system-structural methods of scientific cognition were applied. Results and conclusions. Misunderstanding of the idea of a trust has led to violation of the rights of citizens affected by financial fraud of trust companies, which has played a significant role in shaping the distrustful or negative attitude of lawyers and ordinary citizens of Ukraine to trusts and other trust-like constructions for almost two decades. The concept of trust has existed in the law of Ukraine for a long time, but mostly it is associated with the negative issues like hiding property, hiding information about the ultimate beneficial owners etc. In addition, the concept of trust is changing constantly; this indicates the evolution of approaches to understanding the institution. At present, a trust is understood as "legal relationship," while the previous version of law defines a trust through the category of a legal entity. The approach to understanding the concept of beneficial ownership in a trust differs in common law countries and Ukraine. In Ukraine, this definition covers the right of a natural person who, regardless of formal ownership, has the opportunity to exercise decisive influence over the management or economic activity of a legal entity directly or through other persons. Keywords: fiduciary relationship, trust, trust-like (paratrust) constructions, property management, Trust Convention, beneficial ownership, trustee, ultimate beneficial owner, beneficiary, controlled foreign company (CIC), revocable trusts, irrevocable trusts.

Колабораціонізм в Україні в умовах російської агресії: проблема правового визначення

The article focuses on the problem of the legal definition of collaborationism in Ukraine in the context of Russian aggression. The need to ban collaborationism at the legislative level has been on the agenda since the occupation of Crimea and the war in Donbass. However, the normative definition of defecting to the aggressor's side and knowingly collaborating with the occupying authorities is debatable. This is because in the face of Russian aggression, loss of life and the need to restore state sovereignty, the state should normatively define this phenomenon and establish fair punishment, but on the other hand, the threat of punishment for collaborating with the enemy in the temporarily occupied territories hinders the processes of de-occupation and reintegration. The author reviewed the main conceptual approaches to the definition of collaborationism. It has not been found to have a single established definition either in international law, political circles or academic research. Based on the interpretations considered, the broad approach, which understands collaborationism as assisting the enemy in any way, and the narrow approach, which explains it solely as conscious and voluntary cooperation with the occupier to the detriment of the state, are highlighted. The definition of collaborationism in Ukrainian law has been established, in particular its identification with high treason, while noting that collaborationism includes more forms of cooperation with the occupier than are specified in the Criminal Code of Ukraine, especially given the "hybrid nature" of Russian aggression. The process of finding ways to legislate and criminalise collaborationism is explored through an analysis of the main provisions of the draft laws submitted to the Verkhovna Rada of Ukraine since 2017. The first draft laws needed considerable refinement, detailing the definitions of the term "collaborationism" itself, which were not self-sufficient and did not emphasise the voluntariness or consciousness of such activity. The draft laws of 2021, currently before the Verkhovna Rada, largely addresses these shortcomings by defining in detail all the forms of activity that should qualify as collaborationism, giving them a better chance of coming into force. Emphasis has been placed on the need for a balanced, cautious and clear interpretation of this concept in Ukrainian legislation that will ensure that appropriate and fair legal liability for this criminal offence is established, while not impeding the process of de-occupation and reintegration.

ПУБЛІЧНА СЛУЖБА І ЇЇ ЛЕГАЛЬНА ДЕФІНІЦІЯ

Purpose. Article looks for the terminological unification provided with the legal notion of the public service and methodological opportunities opened for the development of the quality of its personnel Methods. The article deals with the rarely used but deeply rooted in the continental systems notion of public service in its sense as an element of the legal technique by the use of a set of philosophical, general and special research methods. This notion has a history of development, which is outlined with regard to Ukraine and in some general features, coming down to the most damaging and in several instances still halting further development rules and institutions. The text deals with constitutional provisions and perspectives of public service. Some damaging discrepancies are revealed in this regard and proposals as to the improvement are provided. Results. As some terminology is inherited from previous legal regimes, it makes the case for urgent overhaul. Further the text summarizes in many points different kinds of jobs and professions, united under the task of responding to public needs and satisfying public demands, as it is expected from a modern state. Constitution has provided some guidance, but set divergent and partially contradicting goals. Article states, that the public service has to be armed with technics, eligibilities and other means reassuring the modern state acts adequately and timely in their settling. Current legal definition of public service appeared in the Ukrainian law with the Codes of administrative judiciary in 2005. With the time gone it wasn’t especially intensively used, though the personnel of the public agencies constantly needs attention in many respect. Providing some examples of solutions to the problems of public service the article states that terminological unification ahead of competitiveness and improvements in the approaches to the qualifications of public servants will provide for the needed move in the direction of rule of law. Conclusions. As a result of the analysis, the author aims to form the awareness that the legal notion of the public service opens the opportunity to value internal relations between the seemingly far settled different jobs in public service and facilitate new opportunity to higher qualification of the public service personnel.

Council of Europe Conventions and Ukrainian law on the protection of children’s rights: problems of the correlation

Council of Europe Conventions and Ukrainian law on the protection of children’s rights: problems of the correlation

The method for the quality evaluation of open geospatial data for creation and updating of datasets for National Spatial Data Infrastructure in Ukraine

Abstract The purpose of the article is to present the research on method of the quality evaluation of published open geospatial data and its implementation in Ukraine. The method of the quality evaluation of open geospatial data considers the international standard ISO 19157 “Geographic information. Data quality”. This method is to determine the number of points or levels (maximum – 5). The research was carried out for the evaluation of open geoinformation resources for production of geospatial datasets, as defined in the Ukrainian Law on NSDI. The authors evaluated the quality of 142 open geoinformation resources and other information resources (materials) for the production and updating of 34 geospatial datasets for the development of NSDI in Ukraine. The authors present the example of the quality evaluation of geospatial data for datasets: “State Geodetic Reference Coordinate System UCS-2000”, “State Geodetic Network”, “Geographical Names” and “Administrative Units” because they are the components of the Core Reference Dataset of NSDI. Limitations of the research were determined by the adopted the Law of Ukraine “On National Spatial Data Infrastructure” and the Order for NSDI functioning in Ukraine and the requirements of the international standard ISO 19157 “Geographic information. Data quality”. The results of the research will be employed to evaluate the quality of NSDI implementation in Ukraine. The proposed method allows evaluating the quality of open geospatial dataset before using them for analysis and modeling of terrain, phenomena. This method takes into account the quality of geospatial data, and its related requirements for their production, updating and publication.

Innovations in the legal regulation of contracts for the provision of financial services

The article is a topic study of the changes in Ukrainian laws that regulate financial services agreements. The study of this issue is caused by the need to improve the efficiency of the legal regulation of customer rights protection when concluding deposit, credit or escrow agreements with banks. The article provides theoretical analysis of the new provisions in the legislative instruments of the National Bank of Ukraine regarding their compliance with the theory of law and the provisions of the legislative acts, including in particular the Civil Code of Ukraine. As a result of the research the authors come to the conclusion that the additional requirements concerning financial services agreements do not include a clear definition of their legal status nor correlate to the established legislative requirements for the agreements of this type. Such ambiguity can influence both the contents of such agreements as well as the process and the result of their conclusion. Taking into consideration that banks usually conclude such agreements by providing prepared forms, the authors analyze whether it is reasonable to distinguish an individual and public part in the contents of such agreements. Consequently, such notions as “individual part” and “public part” of a financial services agreement that are used in the special legislative instrument requires further research. The practical value of the given study consists in the fact that coordination of new regulatory frameworks in the legal regulation of bank agreements should ensure a clearer definition of the provisions in financial services agreements and, as such, it should provide for the legal protection of customer rights in the area of financial (bank) services.

Незаконні археологічні розкопки в окупованому Російською Федерацією Криму

Introduction. Russia’s occupation of Crimea in 2014 made it impossible for Ukrainian researchers to access archeological sites of the peninsula. Therefore, for Ukrainian archeologists now it is Important to record violations of Ukrainian law and international law in the field of archeology. Purpose. Find out the situation with illegal archeological excavations in the occupied Crimea, which led to the damage, destruction or removal of archeological artifacts from the peninsula. Results. The state of archeological science in Crimes after the Russian occupation, contacts of Ukrainian and Russian archeologists after 2014 are analyzed. The mechanisms used by the Ukrainian side to counteract illegal archeological excavations and export of valuable artifacts outside the peninsula based on international experience are highlighted. It has been found that currently the only available way to counter illegal archeological research in the occupied Crimea is to impose sanctions on individuals and institutions. “The Crimean Regional Center for Archeological Research” has been identified as one of the most odious organizations involved in archeological support for the construction of large infrastructure facilities in Crimea. The construction of the “Tavrida” highway and the Kerch bridge and related communications cause significant damage to archeological monuments. During this time, a number of interesting discoveries were made in the Crimea. These finds could be Russian archeologists as if they were found legally. Originality. The author carried out a scientific analysis of the state of archeological science in the Russian-occupied Crimea, on the basis of which he makes theoretical generalizations and provides practical recommendations. Conclusion. Illegal archeological excavations after the Russian occupation of Crimea are threatening. The scale of the so-called rescue and planed archeological excavations has increased several times compared to the time before the occupation. Dangerous trend are the export of valuable artifacts to Russia and participation in some expeditions of foreign researchers. Currently, the Ukrainian side does not have effective means to stop illegal archeological excavations and the removal of artifacts. However, careful and systematic recording of all cases of illegal archeological research is needed. It should be carried out by the method of constant monitoring of the sites of Russian scientific institutions operating within the peninsula, and analysis of Russian and foreign professional archeological publications, where the results of research in the Crimea can be published.

THE RATIO BETWEEN METHODOLOGY OF MODERN JURISPRUDENCE AND METHODOLOGY OF ADMINISTRATIVE LEGAL SCIENCE: CURRENT ISSUES

Today, administrative law is a basic branch of Ukrainian law and an independent legal science that develops during active scientific work, one of the directions of which is to update the conditional boundaries of its systemic construction. Obviously and logically understandable that there are reasons for the existence in the scientific community of the opinion on the identity of methodologies of modern jurisprudence and the methodology of administrative law, or a sharper version of this opinion – the lack of general methodology of administrative law. The modern model of the ratio between the methodology of modern jurisprudence and the methodology of administrative legal science is analyzed in the article, and the following conclusions are made: 1. Systematic, holistic view of the methodology of the science of administrative law is seen not only as knowledge that confirms or refutes theoretical ideas, but reveals and explains the system of connections and dependencies between individual methods of modern jurisprudence, identifies their possibilities, determines their location in the overall structure along with other means. 2. Administrative and legal methodology is derived from the achievements of the general theory of the state and law, as well as from the philosophical methodological doctrine. 3. The specifics of administrative and legal science, its traditions and high efficiency make us talk about its uniqueness, including in the methodological issue, but only in the context of the mechanism of application of methodological components. 4. The conclusion about the derivative of the methodology of the science of administrative law is necessary for the implementation of the branch doctrine in the general legal construction. 5. At the moment, attention should be focused on the approach based on the systemic structure of methodological teaching, which is manifested in the subordination of the links of internal methodological components. In this case, the branches issues on the methodological questions will be confirm the existence of systematics in the legal methodology.

MORTALITY AND INJURY IN UKRAINE AS A RESULT OF TRAFFIC ACCIDENTS IN MEASURING OF PUBLIC HEALTH: TO THE ANALYSIS OF SOCIAL– LEGAL AND CRIMINOLOGICAL PROBLEM

The aim: Based on the statistics study of the consequences of road accidents for human potential of Ukraine and quantitative indicators of criminal offenses in the field of road safety for the period 2016-2021, as well as assessing the risks to public health of Ukrainian society to carry out socio-legal and criminological analysis of the problem and identify key areas of the national approach to the implementation of the tasks of the Second Decade of Action to ensure road safety (2021-2030). Materials and methods: The study is based on the results of a survey of ordinary citizens of Ukraine on the state of road safety on the roads of Ukraine; information posted on the WHO website for 2009-2020; statistical reports of Ukrainian law enforcement agencies, specialized literature on law, etc. The methodological basis of the research is dialectical, comparative, logical, analytical, synthetic, statistical, and concrete-sociological research methods. Results: In Ukraine, among adolescents and young people at the age of 15-24, the first and main cause of death from external circumstances is death in an accident. Among young people aged 25-29 years, this is the second leading cause of death (after suicide). Every third child, being in the status of passengers, dies due to the fault of relatives and friends. One-third of all victims are pedestrians. It is estimated that Ukraine lost more than USD 308 million in GDP as a result of the deaths of road accident victims in 2020. Conclusions: In Ukraine, road accidents are a significant cause of death and disability due to external circumstances, and therefore pose a threat to the public health of the population. The death and disability of people as a result of road accidents cause huge material and human losses to Ukraine. An unsatisfactory state of legal awareness of Ukrainian citizens is a direct threat to public health and a source of the perpetuation of the generally unfavorable trend with the level of criminally punished violations of traffic rules. An important task of the Ukrainian state is to create a service of emergency specialized care according to world standards of so-called disaster medicine.

АНАЛІЗ ВПЛИВУ УГОДИ ПРО АСОЦІАЦІЮ НА ОКРЕМІ ГАЛУЗІ ЕКОНОМІКИ І ТОВАРНІ РИНКИ УКРАЇНИ

The Association Agreement with the EU is an important step for any country seeking to integrate into the European community. After all, the European Union has a huge influence on the world stage when it expresses a common position. The economic part of the Agreement with the EU to some extent covers the main areas and sectors of the economy and significantly brings the country's economic system closer to the EU economic system through mutual liberalization of goods, capital and services, and harmonization of much legislation with EU norms and practices. The agreement is a new format of relations aimed at creating a deep and comprehensive free trade area and the gradual integration of the country into the internal market of the European Union. The Deep and Comprehensive Free Trade Area is part of the Association Agreement between Ukraine and the European Union and one of the most ambitious bilateral agreements ever concluded by the European Union. It is a large-scale trade agreement aimed at reducing and abolishing tariffs applied by the parties to goods, liberalizing access to the services market, and bringing Ukrainian business rules and regulations into line with EU rules and regulations in order to ensure free movement of goods and services between the two parties and mutual non-discriminatory treatment of companies, goods and services in Ukraine and the EU. A deep and comprehensive free trade area will provide Ukraine with opportunities to modernize its trade relations and economic development. The tools for this are to open their markets by phasing out customs tariffs, providing dutyfree access under quotas, and large-scale harmonization of Ukrainian laws, norms and standards with those in force in the EU in various sectors directly or indirectly related to trade. This creates conditions for harmonization of Ukraine and EU standards in key areas.

МЕТОДОЛОГІЧНІ ОСНОВИ ВІТЧИЗНЯНОЇ КРИМІНАЛЬНО-ПРАВОВОЇ НАУКИ: СТАНОВЛЕННЯ ПОРІВНЯЛЬНОГО (КОМПАРАТИВНОГО) МЕТОДУ В СЕРЕДИНІ XIX – НА ПОЧАТКУ XX СТОЛІТТЯ

The paper raises the question of a current role of methodology domestic criminal law and criminal law research. Methodological problems of criminal law are analyses, in particular the process of formation of the comparative (comparative) method in the works of criminologists of the middle of the XIX – beginning of the XX century. It is emphasizes that the comparative method of cognition contributes to the development of national domestic law, in particular, criminal law, as the above method is potentially the powerful driving force for its transformation. It is the most effective way to establish the patterns of development of law, by comparing legal phenomena at different times in different countries. It is possible to predict qualitative changes in foreign and domestic law in the future by having established a certain pattern of such development, it is possible to predict qualitative changes in foreign and domestic law in the future. Comparative analysis in the field of criminal law has many useful manifestations. For example, for a domestic legislator, it can be a source of important information about the legislative regulation of similar criminal relations in other countries. Such an analysis can be useful to the judiciary by clearly demonstrating the advantages or disadvantages of alternative ways of interpreting criminal law in foreign jurisdictions. Ukrainian legal doctrine, in turn, would only benefit from new theoretical knowledge and scientific approaches to solving modern problems of criminal liability. Not to mention the representatives of higher legal education, who with the help of a comparative (comparative) method will be able to teach future Ukrainian law enforcement and law enforcement officers to think critically and comprehensively, significantly expanding their professional horizons. The paper focuses on the fact that a methodology of the modern science of criminal law is a complex and multi-faceted institution that covers: a) analysis of a criminal law language; b) the structure and operative system of research methods applied in the criminal law; c) a conceptual frame of criminal law; d) laws of appearance, functioning and changes of scientific legal theories and doctrines in criminal law; e) problems of a structure of scientific knowledge in criminal law and scientific theories (constructions). The authors emphasizes that it is in the process of comparative (comparative) cognition that researchers have an ideas and suggestions for improving the functioning of domestic and foreign criminal legislation.

Constitutional Right of Citizens to Peaceful Assemblies in the System of Modern Legal Values

The purpose of the article was to study the place of the constitutional right of citizens to peaceful assembly in the system of modern legal values. The scientific novelty of the study is that the article substantiates the place of the constitutional right of citizens to peaceful assembly in the system of modern legal values, clarifies the concept and essence, as well as an overview of the system of legal values in Ukraine. Peaceful assemblies in the relevant system, such a statement is argued, the conclusions to the study are substantiated, based on the formed arguments and available facts. Conclusions. The provisions presented in the article form the position that the issue of formation and formation of the system of modern legal values is the most relevant in the formation of national democracy and the establishment of the principles of the rule of law. The legal system of society is a purely legal phenomenon that is closely interconnected with the system of legal values, derives from it and is formed on the basis of long-standing traditions and established social (social) practices. According to the results of the analysis of the influence of the culture of peaceful assemblies and the implementation of the relevant law by citizens and its formation in the system of modern legal values, it was proved that every significant historical stage of Ukrainian statehood was marked by mass assemblies. Ukrainian history, including the history of Ukrainian law and the legal system, is full of several striking examples of public realization of the right to peaceful assembly by citizens, which entailed real legal consequences, as well as prevention of usurpation of power and other illegal acts. citizens’ rights

СПОСОБИ РОЗВ'ЯЗАННЯ ТА ПОДОЛАННЯ КОЛІЗІЙ У КРИМІНАЛЬНОМУ ПРАВІ УКРАЇНИ

The purpose of the article is to find the best ways to resolve conflicts in the criminal law of Ukraine. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. The main one is general dialectical method of scientific knowledge of real legal phenomena. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law, modeling. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of the legal literature, there is the following list of effective ways to resolve and prevent conflicts in law, which can be extrapolated to the field of criminal law: 1) unification of law; 2) harmonization of law; 3) approximation of law; 4) clear delineation of powers of public authorities; 5) monitoring of normative legal acts; 6) creation of model laws; 7) interpretation of law; 8) improvement of legislation. Conclusions. As a result of the study, it is proposed to apply different principles to overcome conflicts depending on their type (in particular, "a special law repeals a general law", "a later law cancels an earlier one", "the next general law does not cancel an earlier special law of similar legal force"). Types of "conflict rules" in the sources of criminal law are presented primarily depending on the specific type of such sources. Modern legislation, including criminal, contains virtually no rules aimed at overcoming intersectoral conflicts, but conflicts of law in various areas of Ukrainian law create significant problems in law enforcement.