Law Of Ukraine Research Articles

Distinction of the crime provided by art. 361-2 of the criminal code of ukraine with related crimes

The article is dedicated to the specifics of distinction of the crime provided by art. 361-2 of the criminal code of Ukraine with related crimes. Specifics of the subject of this corpus delicti is revealed. Factors resulting in criminal law articles competition are studied. It is stated that the vast majority of related crimes is designed either «for a special subject» or includes the transfer of information to a particularly dangerous addressee (foreign party), or provides the mandatory occurrence of socially dangerous consequences. It is shown the specifics of classified information unsanctioned sell or distribution classification: 11) created and-or protected with violation of Ukrainian law; 2) in case of no law regulation protected by its owner according to his own preferences, for example by creating a secure computer network or by data encryption. According to the results of the comparative analysis of the crime under Art. 361-2 of the Criminal code of Ukraine, with related crimes, their distinguishing criteria are identified and systematized depending on the specific type of the information that is subject of the crime. It is substantiated that decriminalization of the crime under Art. 361-2 of the Criminal code of Ukraine, as it is proposed by some scientists, will lead to negative consequences, because there will be several significant gaps in criminal law regulation of public relations concerning certain types of information protection. As the result of conducted research it is substantiated that there is a necessity of comprehensive review of the system of criminal laws that provide protection of public relations in the field of access to information taking into account significant changes in the sphere of information computer processing, determined due to achievements of scientific and technological progress. Key words: classified information, crime, sale, distribution.

Werner Maihofer’s Understanding of Law as a Research Problem in the Post-soviet Philosophy of Law

Legal existentialism holds a prominent place in the center-of-human philosophical and legal concepts. One of the most widely recognized representatives of legal Existentialism is the eminent German jurist Werner Maihofer.The article is dedicated to contribution of post-Soviet jurists to understanding the concept of W. Maihofer’s legal thinking and to identifying in their work underlined issues that need further philosophical and legal development.The results of the study revealed that contemporary Ukrainian law philosophers mainly rely on an intersubjective approach as a means of explaining the existence of law and its cognition, which may explain both the relevance of the ideas of the German jurist and its role for the philosophical thought of the present. It was found that in independent Ukraine, S. I. Maximov was the first one to address views of W. Maihofer. He adopted Maihofer’s phenomenal logic of his ideas in developing the concept of legal reality. Based on the author’s classification of ways of understanding was determined the place of the Maihofer’s concept in non-classical law philosophy. The most significantcontribution to the study and popularization of legal views of W. Maihofer in the post-Soviet space was made by O. V. Stovba. He first introduced the main publications of the German jurist to scientific circulations; systematized and summarized the critical remarks of foreign researchers regarding thelegal ideas of the German jurist; outlined his own vision of the main advantages and disadvantages of the Maihofer’s concept and suggested ways of its further development; analyzed and implemented the original reinterpretation of his understanding; demonstrated the heuristic potential of his ideas as part of the methodological basis for the concept of temporal ontology of law. The prospects of further elaboration of philosophical and legal problems of W. Maihofer’s work are determined. They are conditioned by the need to answer the questions posed by critics of his concept; the existence of conflicting assessments of commentators; lack of research in certain aspects of the concept.

Mediation in criminal proceedings: legal regulation in Ukraine and foreign experience of application

The purpose of the article is to study those conceived of the use of the mediation institution in the criminal proceedings of European countries to implement positive experience in Ukrainian law. The theme of the study is the institution of mediation in criminal proceedings. The following scientific methods were used in the research: dialectical, formal and logical, and legal, system and functional, comparative and legal, legal and other modeled methods. We study the concetorities of the regulation and legal of mediation in criminal proceedings in Ukraine, as well as the practice of its implementation, which is more than modest with other European states. Therefore, we draw on the experience of countries such as Germany, Poland, and the United Kingdom. It is concluded that, given the successful functioning of the mediation institution in most countries, we propose to emulate this positive practice and a separate law "On Mediation" in Ukraine. It is established that the main right for the legislative registration of mediation in Ukraine is the lack of information on the existence of such a way of resolving a criminal case.

Jurisprudence of the European court of human rights in the choice of precautionary measures in criminal proceedings: legal realities and perspectives

The article deals with the problems of application of the decisions of the European Court of Human Rights (ECHR) in the selection of precautionary measures in criminal cases in accordance with Ukrainian law. Since the procedural legislation of Ukraine is currently not perfect in the framework of the establishment and regulation of the application of precautionary measures, the decisions of the ECHR serve as an indispensable regulator of this issue. The objective of the work is to study the peculiarities of the application of the jurisprudence of the European Court of Human Rights in the selection of precautionary measures in criminal proceedings. The subject of the investigation is the jurisprudence of the ECHR in the context of the choice of precautionary measures in the criminal process. The research methodology included and combined the dialectical method, logical and legal method, analysis, synthesis. By way of conclusion, the study shows that the practice of the ECHR is mandatory to take into account not only the courts but also the investigators and prosecutors, who legally have the right to request the court to apply such precautionary measures.

Foreign experience in professional development of private detectives

The objective of the article is to analyze international experience in the professional development of private detectives, in order to implement some positive aspects in Ukrainian law. The methodological basis of the research was articulated in a set of general and special scientific methods of scientific knowledge, a saber: historical comparative method and legal method, dialectic, induction method, comparative and legal method, formal and legal method. Based on the analysis of international experience, the education problems of private detectives, as well as those that recycling and advanced training features, whose study is necessary for the full development of the institution of the activity of private detectives in Ukraine, reveals the revelation of modern services for the training of private detectives in Ukraine. In the conclusions, the authors pay special attention to specialists in the activity of private detectives in several countries, where private detectives have a wide range of opportunities and their activity is actually compared to the activity of law enforcement. Finally, the requirements are proposed for candidates for the position of private detective, as well as for the program of their training.

ORGANIC PRODUCTION AS AN ECONOMIC AND ECOLOGICAL DIRECTION OF ENVIRONMENTAL ACTIVITY OF AGRICULTURAL ENTERPRISES

Introduction. Environment pollution with its negative impact on agricultural production has exacerbated the problems of providing Ukrainian citizens with quality and safe food products. Therefore, agricultural enterprises management in management decisions tries to use information about the pollution presence as an additional factor in the formation of their own competitive advantages. By focusing on environmental activities, they both solve problems with the formation of high demand for their own environmentally friendly or organic products and ensure the growth of sales revenue. Development of the domestic organic market, the formation of the mechanism of its regulation basis on legal, economic, and administrative methods, the environmental organization's activities encourage industrial enterprises to intensify environmental activities. The purpose of the article is to reflect study results by identification of environmental activities promising areas of agricultural enterprises and justify introducing organic production technologies feasibility. Methods that were used in the study: the abstract logic, monographic, empirical method of comparative analysis. Results. The concept essence of "environmental activity" is investigated and its features at the present stage are defined. The introduction expediency of organic technologies as one of the nature protection activity directions in agricultural production is substantiated. The legal regulation system of organic production and the basic Ukrainian laws are characterized, proved the need of taking into account the experience of other countries, the largest producers of organic products. Conclusions. It is established that the impact of organic production on the agricultural enterprise can be considered as indirect, but a promising area of environmental protection, which allows to abandon or minimize the chemicals for plant protection and nutrition use, significantly reduce the anthropogenic load on the environment and increase the production competitiveness. Key words: nature protection activity, competitiveness, organic production, regulation, agricultural production, natural resources.

Issues of similarity of counterclaims expressed in different currencies: theoretical and legal analysis

Introduction. The work considers the problem of similarity determination of counterclaims, expressed in different currencies. Offset of similar counterclaims is one of the grounds for termination of obligation, established by the Civil Code of Ukraine. However, the Code does not consider main conditions of an offset, as well as it does not give an interpretation of “similarity” of counterclaims. Moreover the issue of similarity of counterclaims, expressed in different currencies is not examined enough by doctrine, as well as not established in legislation. That is the reason why case law has to form its own position on this issue. The purpose of the paper is to investigate legislation, case law and doctrine in search of a uniform and complex understanding of similarity of counter claims expressed in different currencies; make theoretical and legal analysis of possibility and terms of such an offset; and make offers to improve legislation. Results. Authors made an analysis of legislation, case law and doctrine. It showed that these sources keep to a position that counterclaims expressed in different currencies are not similar, and thus, they are not allowed to be set off. However, as a result of this work the authors found that offset of counterclaims, expressed in different currencies is neither allowed nor strictly prohibited under Ukrainian law. Case law adheres to the position that different foreign currencies do not comply with the characteristic of similarity. Authors suggest an alternative under which in case legislation entitles to use foreign currency as money, such an offset can be made. Conclusion. Pursuant to analysis made in this work, authors came to the conclusion that theoretically under certain terms setoff of counter claims expressed in different currencies can be made. Authors also make suggestions for improvement of legislation and elimination of contradictions in law enforcement. That is why authors offer to provide in legislation the possibility of making offset of counterclaims, expressed in different currencies. The Civil Code of Ukraine is an act where these rules have to be established.

Relevant Issues of Exploration the Concept of Indigenous People in the International Legal Instruments and Ukrainian Legal Doctrine

Abstract In this paper, the problem of determination of the legal personality of indigenous people as a subject of international law is considered. Hence, the problem articulated above leads to the issue related to aspects of practical realization and protection of rights and freedoms of indigenous people enshrined in international legal instruments, which is revealed. The confusion of the term “indigenous people” with that of “national minorities” can be avoided by the subjects of international law. However, one cannot find a solution to this problem without envisaging written rules on the concept of ingenious people in one obligatory, for contracting parties, an international legal instrument. Thereafter, the concept of indigenous people must be unified and, consequently, used by all international legal community. The relevance of this study is due to the need to determine the legal status of indigenous peoples in Ukrainian law. Ukraine has recently acceded to the UN Declaration on the Rights of Indigenous Peoples, which defines the need to implement these provisions in national legislation and ensure the practical implementation of the rights and freedoms enshrined for indigenous peoples. To date, the Constitution of Ukraine makes a distinction between the categories of national minorities and indigenous peoples, but there is no specialized comprehensive law that would determine the legal status of indigenous peoples in Ukraine, in the presence of such a law on national minorities. Thus there is a need to determine the concept of indigenous peoples in Ukrainian legislation.

Trust Property: Legal Aspects

The article is devoted to the history of the emergence and formation of the institution of trust property in relation to various legal systems. The purpose of such a historical analysis of the institution of trust property is to find a possible place of this legal institution in domestic law, because trust property is a relatively new legal construct for Ukrainian law. The relevance of the article is to study the possibility of using the Anglo-American Trust Institute in Ukraine. The object of the study of this article is the legal relations arising from the institute of trust property. Methods of historicism, method of logic, method of analysis, method of synthesis, method of systematic research, and comparative-legal method were used in the study. The authors concluded that the institution of trust property goes back to one of the branches of English law. At the same time, the institution of trust is not inherent in the domestic legal system. However, since the 1990s, the domestic legislator has tried several times to introduce the relevant institution into Ukrainian legislation. So far, all of these attempts have failed.

Методологія оцінювання стану і концентрації ринку страхування при його державному регулюванні

Методологія оцінювання стану і концентрації ринку страхування при його державному регулюванні

Formation and development of the doctrine of heirless (vacant) succession in Ukraine

The author studied the formation and development of the doctrine of heirless (vacant) succession in Ukraine. It has been determined that the probate law in Ukraine, as well as other legal phenomena, has followed its evolution, development and enrichment upon various historical stages of Ukrainian people and was closely tied with the existence or absence of Ukrainian statehood. The modern standards in this particular field of legal relations have been gradually established. The Kyiv State did not have the institution of heirless property because household assets of the ancient Ruthenian family were in collective property of the whole family and not in the property of an individual father-householder. That is why it was not succession but a mere redistribution of household assets remaining in joint possession within the family. The term «heirless property» was first specified in Lithuanian-Ruthenian state in Lithuanian Statutes (1566): if there were no heirs-at-law and by will, the property was acknowledged as heirless and devolved upon the state. For the legal system of Hetmanship era the primary source was the ancestral character of succession and devolution of the inheritable property to a public entity was an exception. Moreover, in Ukrainian legal tradition, the visible is the competition between acknowledging a vacant succession as an heirless property and extension of the institution of succession upon these relations. In Ukrainian SSR heirless succession devolved upon state. Modern civil law of Ukraine lacks the concept of heirless property (succession). The new Civil Code of Ukraine (2003) introduces the concept of «heirless succession» (Art. 1277). Ukrainian law applies European and international norms and standards. Along with this, the process must comply with the legal mentality of the Ukrainian people, with values and authenticity of its legal culture. Having adopted the Civil Code, Ukraine made and important step to the integration into the continental legal system, and the probate law acquired a new concept of heirless succession, when: firstly, available succession may be declared in judicial proceeding as heirless, and after that it devolves upon territorial community where it was commenced; secondly, the state is excluded both from the circle of heirs-at-law and from the circle of the entities-heirs of the succession acknowledged as heirless. The author specifies that the Ukrainian legislators did not take into account the Euroean experience during codification of the civil legislation, hence there are a number of issues that must be dealt with, so that Ukrainian legal system could completely meet the international standards. In EU countries the holder of the right for the heirless property is the state, in Ukraine it is a territorial community which outweighs the efficiency of the function of non-subjectivity elimination what heirlessness is intended for. Since a territorial community does not and cannot own so much civil capacity as the state. The author reveals some drawbacks in legal regulation of the issue and develops proposals to improve the probate law in Ukraine. Key words: succession, heirlessness, heirless property, legator, legatee, territorial community.

МОНІТОРИНГ ЯКОСТІ РЕЗУЛЬТАТІВ НАВЧАННЯ СТУДЕНТІВ У ЗАКЛАДАХ ВИЩОЇ ОСВІТИ ЯК ПРОБЛЕМА ДОСЛІДЖЕННЯ

The article analyzes different approaches to the interpretation of the concept of "monitoring", clarifies the essence of the concept of monitoring the quality of student learning outcomes in higher education institutions. The Ukrainian laws for monitoring the quality of higher education learning outcomes is analyzed. The essence of the concept of "pedagogical factor" from the standpoint of modern scientists is considered, its main types (external and internal) are revealed. Three main pedagogical factors for organizing and conducting monitoring of the quality of student learning outcomes in higher education institutions have been identified and substantiated, namely: readiness of subjects of the educational process to monitor student learning outcomes in higher education institutions; phases monitoring of the quality of student learning outcomes in higher education institutions; development of educational and methodological support for monitoring the quality of student learning outcomes in higher education institutions. The essence and three main types of readiness of the subjects of the educational process to monitor the quality of student learning outcomes in higher education institutions are outlined, namely: psychological, logistical, documentary. Emphasis is placed on three main criteria for the readiness of students to monitor the quality of student learning outcomes in higher education institutions, namely: cognitive, practical-logical, value-motivational. The step-by-step organization of monitoring of the quality of student learning outcomes in higher education institutions by highlighting the main six successive stages of its implementation is revealed. It has been determined who has the right to organize pedagogical monitoring of the quality of students' learning outcomes in higher education institutions. Emphasized the importance of developing educational and methodological support for monitoring the quality of student learning outcomes in higher education institutions, introduction of innovative learning technologies based on the use of modern educational platforms and modification of the educational process by using elements of distance learning during teaching disciplines.

Application of the chemometric method for processing the results of the X-ray fluorescence spectral analysis of gunshot injuries caused by bullets of “Teren-12P” cartridges

Determination of scientifically grounded criteria that allow us to objectively diagnose damage to clothing caused by firing elastic bullets of “Teren-12P” cartridges, which are in service with Ukrainian law enforcement agencies, is currently an urgent problem in forensic medicine and forensic science.Aim. To determine the ability to use the chemometric method (principal component method) for processing the results of the experimental studies obtained using the X-ray fluorescence spectral analysis when determining the elemental composition of deposits in the area of damage to clothing fabrics obtained as a result of the hit of elastic balls of “Teren-12P” cartridges.Materials and methods. Six common fabrics – fleece-backed faux leather stretch fabric (Pattern A), cotton knitted fabric (Pattern B), fabric-backed polyvinyl chloride (PVC), coated faux leather fabric (Pattern C) , raincoat fabric on a single-layer sintepon backing (sample “D”), raincoat fabric (sample “D”) and camouflage fabric “Greta”, colors “Forest” (sample “E”); ballistic plasticine “Beschussmasse, 6287156” (manufacturer – Carl Weible KG, Germany) were used. The following research methods were applied: X-ray fluorescence spectral analysis (RFSA) method.Results and discussion. Using six common samples of clothing fabrics and ballistic plasticine the experimental shots from a Fort-500A pump-action gun were carried out by bullets of “Teren-12P” cartridges from distances of 0-15 m. Using RFSA the elemental composition of bullets and products of combustion of a powder charge was determined. These bullets were removed from the barrel of the gun after a shot, as well as target fabrics before shots and in areas of damage after shots. The analysis and processing of the qualitative and quantitative composition of chemical elements in the damaged areas was carried out using the chemometric approach – the method of principal components.Conclusions. The main criteria for diagnosing clothing fabrics damage by a bullet from the “Teren-12P” cartridge using RFSA have been determined; they must be used when conducting the appropriate expert studies.

Corporations in Ukrainian Law

This article deals with the special development of the company (or rather corporate) law in Ukrainian legal system. The current legislation does not set the concept of corporation. As a result, the consept «corporation» is the center of the scientific discussions. Judicial practice forms different conceptions of the concept «corporation» also. At the same time, the concept «corporation» is the general element of the company law development in the future. The legal concept of the corporate relationships forms one their general sign only. The object of these relationships is the corporate rights. The form of the legal entity predetermines the maintenance of the corporate rights. Thus, the list of subjects is the criterion for the corporate nature of the relationships. The maintenance of the concept «corporation» is different in the world legal systems. Thus, the implementation of this concept into our legal system is the difficult process. Being in past the post social state, Ukraine did not have the company (or corporate) law. The modern Ukrainian legislation has a high level of dynamics. It adapts to the necessities of modern society. All mentioned above circumstances need special criteria. Such criteria should form the maintenance of the concept «corporation». They are the most difficult problem. The main reasons of this situation are: the existence of two codes – Civil Code and Commercial Code; the existence of a lot of special legal acts. As a result, there are a lot of ways for understanding of the concept «corporation» in Ukrainian science: from some forms of the companies to all legal entities. The corporate relationships have got one general sign – the special legal connection between legal entity and it’s membership. Such connection is the nature of the corporation. The scientists formed a lot of signs of the corporation. For example, general social aim, association of persons and capitals, existence of property and non property rights for participants. The most of these signs are in all legal entities. At the same time, mentioned above list includes one special sign — the existence not only non property rights, but property rights too. The participants of the non-entrepreneurial legal entities have not property rights. It is not exists the property connection between the non-entrepreneurial legal entity and participants. What does the nature of the entrepreneurial legal entity? The aim to get the income it is not sufficient sign for entrepreneurial legal entity. According to provisions of the Civil Code, non-entrepreneurial legal entity may also to get income. All legal entities may get some income from activity in modern economic relationships. The nature of the entrepreneurial legal entities — distribution of income between the participants. As a result, participants of such legal entities have got full list of the corporate rights (including property and non-property rights). Thus, the corporate legal nature is the main feature for the entrepreneurial legal entity. Key words: corporation, legal entity, incom, corporate rights, entrepreneurial legal entity.

THE USE OF THE US DOCTRINE «WORK MADE FOR HIRE» IN THE FIELD OF INFIRMATION AND COMMUNICATION TECHNOLOGIES IN UKRAINE

The Use of the US doctrine . The global information technology industry is on pace to reach $5.2 trillion in 2020. The United States is the largest tech market in the world, the majority of technology spending (68%) occurs beyond its borders. Ukrainian developers create big part of the intellectual property objects for US.The article touches upon basic issues for the application of US doctrine «work made for hire» in the field of information and communication technologies(ICT) in Ukraine. Many conflicts arise in legislation during the relationship between private law rules of several states. Therefore, the historical conditions of the doctrine, its concept and content, the main elements, and the possibility of its application to IPR in the field of ICT are analyzed.US law guarantees the protection of the author's rights. But doctrine is an exception to that rule. However, in the field of ICT, when concluding contracts, the jurisdiction and law of the country are always consistent. That is why the application of the doctrine of «work made for hire» in the terms of the contract will result in a «proper violation» of peremptory norms, which will deprive the author of the entire volume of rights to the work and make it impossible to defend in court. Due to the fact thatthere is no reliable source of information, new cases arise that require new decisions that are not provided for by law.Particular attention is devoted to comparing the American doctrine of «work made for hire» in contracts with the Ukrainian executor of works. There is no doubt that such conformity is an evaluation concept and requires expertise in ICT.In conclusion, it was proved that the full application of the concept of «work made for hire» in the conditions of the current Ukrainian legislation is impossible. Because it contradicts the peremptory norms of Ukrainian law, allows the interested party to circumvent these norms, without any consequences, depriving the author of legal rights, difficulties arise when trying to recognize copyright in court. Conversely, it is possible to prevent the resolution of conflicts of law under the condition of proper andconsistent conclusion of contracts.

Gender inequality

The article deals with gender inequality in the economic, political and social spheres of Ukraine and the key reasons for gender imbalance in the observation and realization of gender rights. The topicality of the article is predetermined by the necessity of the systemic solution to the problem of gender equality in Ukraine that is declared in the country’s constitution as the pivotal principle of safeguarding legal rights and freedoms of people in a democratic state.The authors have made an analysis of the Ukrainian norms and laws in force as well as some ratified international treaties in the sphere of gender equality insurance. The current state of realization of the main directions of social policy of Ukraine in the sphere of gender equality has been determined on the basis of the World Economic Forum and in particular the analysis of the index of gender discrepancy in certain spheres of human activity as well as the gender monitoring of the representation of candidates in the special election of people’s deputies of Ukraine in 2014 and 2019. The impact of gender discrimination against women on the social economic development of the world countries and their national wealth level has been considered.The study has allowed revealing a positive tendency in the realization of women’s right to participate and be represented in the economic and political spheres of Ukrainian activity and offering further necessary state measures in the social policy pertaining to the eradication of gender asymmetry in the Ukrainian society. The need of redirecting the government gender policy to more effective measures for overcoming gender inequality, gender segregation and multiple forms of discrimination against women under the conditions of the severe economic, political and social upheavals in Ukraine has been pointed to. The authors have come to the conclusion that the development of the political and juridical concept of eradication of gender discrimination against women in Ukraine is the pledge of sustainable development of the Ukrainian society which in its turn is a necessary condition for forming a competitive human capital of the country that has chosen the Eurointergation foreign policy course.

The concept of critical minerals as a mean of stimulate the development of subsoil use in Ukraine

Developed countries use a list of critical minerals to identify and stimulate priority areas for the mineral resource base development. The article provides an overview and main features of the terms “critical minerals”, “critical elements”, “critical commodities”, “critical materials”, “critical elements”. The criticality parameters (indicators) are supply risk and economic importance, production concentration, changing the size of the market and geological resources, market dynamics (changing prices). Various methods for assessment the criticality of minerals are analyzed in the article. Lists of critical minerals USA, Australia, EU, Canada are compared. The amount and names of critical minerals vary from region to region and may change over time. An analogue of “critical minerals” was “strategic minerals”, which existed in Ukrainian law until 2016. This term was inherited from the USSR and implies minerals, which are mainly used in the military industry. Following the example of developed countries, the legitimization and application of the concept and list of critical minerals can be a mechanism to stimulate the development of certain areas of geological exploration and mining. For this, it is necessary to determine the list of critical minerals, adapting the existing world advanced methods. Obviously, this requires special research, including marketing studies, but we can preliminarily assume which minerals will make the list and which are candidate minerals. Most likely, the list of critical minerals for Ukraine will differ significantly from the list of strategic minerals. Providing of such list in law would give certain advantages and preferences (in particular tax) to companies that perform geological exploration and mining of listed minerals in Ukraine.

Prominent Ukrainian jurist Mykola Oleksiiovych Maksymeiko (to the 150th anniversary of his birth)

The article provides an overview and description of the life and career of the prominent Ukrainian jurist professorM.O. Maksymeyko, an attempt is made to highlight the key issues of his creative heritage in the context of the development of historicaland legal science. On the basis of the analysis of multifaceted scientific-teaching, public, educational activity of M.O. Maksymeyko theKyiv, Kharkiv and academic periods are singled out and analyzed.Thus, the first «Kyiv period» of the scholar is a period of study of Lithuanian-Russian or Western Russian law, on the basis ofwhich he argued his own position on the law of Western, and actually Ukrainian, clearly distinguishing the law of North-Eastern Russia(1). Moscow Sudebniki, in the Code of 1649; the law of Lithuanian Russia, the best embodiment of which is the Lithuanian Statute (2);the law of the North-Western region, codified in the Deeds of Novgorod and Pskov (3). He defined the historical development ofUkrainian law as: Ukrainian law – the law of Cossack Ukraine, which through the Lithuanian Statute is associated with the RussianPravda.The «Kharkiv Period» is a period of establishing a research methodology, including a declaration of commitment to the comparativelaw method, a generalization of the course of historical and legal development, and the creation of a series of works devoted toRusskaya Pravda. «Comparative Study of the History of Law» (1898) became a bestseller and put it together with M.M. Kovalevsky,F.V. Taranovsky in the forefront of comparative jurists. M.O. Maksimeyko’s «Lectures on the History of Russian State Law» were ofstage importance in creating a holistic picture of historical and legal development. A special place in the creative heritage.M.O. Maksimeyko occupy the study of ancient n law. In the series of works of the scientist about the Russian Truth originalauthor’s hypotheses about its system, sources, authorship, etc. are expressed and proved. The «academic period» is a generalization forProfessor Maksymeyko’s Ukrainian studies. Among them are works on substantiation of the role and place of the Ukrainian languagein the rule of law, ways of its codification and attention to the cultural and historical context in the study of law. ProfessorMaksymeyko’s scientific worldview is defined as positivist, the methodological basis of his studies was the historical-comparativemethod with elements of sociology and evolutionism, which gives in particular grounds for its belonging to a modified historical schoolof law. It is stated that the multifaceted scientific heritage of Maksymeyko is in active scientific circulation, which is due to the highscientific level of his research.

Problems of the law choice and its limitations while EPC-contracts concluding

Due to the rapid development of social relations in Ukraine, national legislation can`t keep up to regulate them properly, whichforce businesses to use the rules of foreign jurisdictions or the pro-forms of international specialized organizations to carry out the cont -ractual transactions more frequently. The article provides examples of how the complex contractual relations are governed in practiceand how the businesses are forced to protect its interests while entering into EPC-contracts.The authors have researched the emergence of the contract templates, which were created by International Federation of ConsultingEngineers (FIDIC) and the way to use such templates according to Ukrainian law. Also, the article analyzes application of certainprovisions of the economic and civil legislation, which are reflected in EPC-contracts. Individual cases that were considered by theInternational Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine were analyzed as well.There is substantiated the opinion that regarding to provision of the contractual limitation of obligations for the actual losses feesand damages caused to economic entities as well as the possibility to freely use the international organizations pro-form in case whenits provisions do not contradict the imperative norms of the Ukrainian legislation and the principles of economic management inUkraine. Also, article analyzes how the choice of law can be made while concluding an EPC contract. The authors presented their theseson how the provisions of the EPC contract should be harmonized with the norms of national legislation.The authors support theory of Dépeçage to introduce a number of protective provisions, which include the existence of mandatoryrules in the legal system of a state, which would make it impossible to circumvent the law, and contain reservations about public order.This research shows that there is an opportunity to gain many advantages by the application of the theory of Dépeçage in EPC-cont racts.

Legal borrowings in the area of civil rights and interests protection under the legislation of Ukraine and the EU

The authors proved the relevance of the issue of harmonisation of Ukrainian law with EU law, which determines the existence of an institution of borrowings in the field of civil and civil procedural law. The authors conducted a retrospective anal-ysis of legal discourse on legal transplantation, including in the field of civil legal protection. The process of convergence of civil and economic and legal positions in the European integration area on the basis of private law was investigated. The materials for the examination of the adaptation and implementation program and the case law were analysed. It is revealed that for Ukraine and other countries of the European continent, in the field of protection of civil rights and interests, the norms that have been enshrined in European regional international instruments are of particular importance. It is determined that not only transplantation of legal norms but also transplantation of legal concepts takes place in the sphere of pro-tection of civil rights and interests in the aspect of legal borrowing.