Legislation Of Foreign Countries Research Articles

Legal regulation of human somatic rights: transplantation of human organs and biological tissues in Ukraine and foreign countries

The article examines the problems of legal regulation of transplantation of organs and tissues of the human body in Ukraine and foreign countries. Emphasis is placed on legal and ethical difficulties arising in the field of transplantology. It is noted that the right to «mechanize the body» has a number of specific features, namely: the specific nature of the object of these rights - the human body, which is the object of property rights and currently has mainly a monetary value expression; natural dependence on knowledge of biology, genetics, medicine, technology. Their existence and implementation are possible only with the help of achievements of scientific and technical progress; novelty, which has a different degree of expression, depending on the type of protected result of disposal of body or life; ambiguous attitude from the side of religion, morality, ethics, politics; inextricable connection with constitutional (fundamental) human rights in view of the special connection with personal (natural) rights and the peculiarity as an independent group of human rights; exclusivity in terms of its legal consequences in the process and as a result of their implementation. With any change in the physical embodiment of a person, the subjective aspect of legal relations changes, that is, many connections of various branches of legal regulation (civil, marital and family, constitutional, etc.) are affected; the degree of their recognition and implementation reflects the level of development of the state and society in general, etc. It is emphasized that individual somatic rights are reflected both in the legislation of Ukraine and in the legislation of foreign countries. For example, the right to transplant organs in national legislation is not used as a right to dispose of one's body, but as a certain necessity, a medical indication. In order to regulate the issue of organ donation, the legislation of individual states prescribes the practice of establishing special procedures for obtaining the donor's consent to extract a transplant from him (Belgium, Greece, Turkey). Given the lack of transplants for transplant operations, it is important to develop educational work at the state level, explaining to citizens the need to issue voluntary consents for the posthumous use of their donor material. It is worth making proposals for the development and adoption of the State Program of Ukraine aimed at the development of donation. This program should provide organizational, legal and preventive state measures for the promotion and development of legal donation in Ukraine; proposals for the development of a national legal mechanism aimed at encouraging voluntary posthumous donation, which would be based on the lifetime legally formalized consent of potential donors to the posthumous free use of their donor material.

Criminal liability for sexual offences against minors in the United States, Canada and the United Kingdom

The subject of the study is the types and forms of criminally punishable sexual violence against children available in the legislation of the United States of America, Canada and the United Kingdom. The author examines in detail the descriptions of the circle of persons who may be subjects of sexual acts with minors, enshrined in various legal norms of these countries. Their comparative characteristics are carried out, positive trends that can be implemented in the criminal legislation of the Russian Federation are identified. The concepts of "statutory rape" and "age of sexual consent", unknown to the Russian legal doctrine, are considered. The issues of compensation for harm caused to minors who suffered from sexual acts are investigated. Based on the dialectical method of cognition of the surrounding reality, the study is based on a comparative analysis of the provisions of US criminal law on the example of legislative acts of various states, Canada and the United Kingdom on combating child sexual abuse. The main conclusions of the study are: the legislation of the Anglo-Saxon countries recognizes various types of sexual violence against minors as acts of special public danger: the severity and effectiveness of punishment for these acts are quite high; The degree of elaboration of definitions concerning sexual crimes is more extensive and detailed, fixed in the norms of criminal legislation. Legally, the concepts are given and the measure of responsibility for such actions with minors as incest, sodomy, pederasty, oral copulation is defined, the pitchforks of obscene or lascivious actions and a number of others are described in detail. The additional civil liability of an adult who has had sexual intercourse with a minor in the form of monetary compensation deserves attention. The legislation of foreign countries is able to enrich the domestic norms of the criminal code in the case of the implementation of certain substantive provisions.

Legislation on conscription: comparative analysis

The objective of the research is to develop the theoretical and methodological foundations of the study of the system of legal enforcement of military service as a method of forming the armed forces and influencing democratic processes in society, as well as to formulate well-founded proposals and methods for solving the identified problems.
 Research methodology The research was conducted using the method of content analysis, which is used in the study of sources that are invariant to the structure and content of the object of scientific research. Content analysis combines nomothetic research methods with idiographic methods.
 The method of conceptual analysis should be developed within the framework of the above- mentioned analytical study, as it is used to identify existing comparative and theoretical concepts of ensuring the order of conscription.
 The analysis of the legal mechanism of ensuring the fulfilment of military service in the countries of the world, as well as the institutional mechanisms of ensuring the fulfilment of military service in Ukraine is carried out using the formal-logical method. The provisions of the legislation of Ukraine and other countries were analysed using the comparative legal method.
 The subject is the legislation of Ukraine and the legislation of foreign countries in the field of military conscription.
 Conclusions. The author of the mentioned study comes to the conclusion that an important element of the model of the legal enforcement of military duty - the subject, whose function is the duty to protect the state, to ensure its security, is the entire Ukrainian people; military service is not a function, but a constitutional duty of such a circle of subjects as citizens of Ukraine; this constitutional duty consists in 1) ensuring the defence of Ukraine; 2) protecting the sovereignty of Ukraine; 3) protecting the territorial integrity of Ukraine; 4) protecting the integrity of Ukraine; the fulfilment of this duty involves voluntary or conscript military service; military service is a form of fulfilment of the duty of a citizen of Ukraine; the special status of military personnel should be established in the legislation of Ukraine, as well as the procedure for completion of military service by citizens of Ukraine should be regulated.

FEATURES OF CRIMINAL RESPONSIBILITY FOR CRIMINAL PARTICIPATION TO SUICIDE IN FOREIGN CRIMINAL LAW

The article analyses the norm on criminal liability for inducing suicide and facilitating its commission, provided for in the legislation of foreign countries, in connection with the intensification of the activities of "death groups" in social networks. The correlation between the social danger of inducing suicide and facilitating its commission is analysed in detail. Examples of the qualification of these acts in aggregate are given, when their commission does not entail the suicide of the victim or his attempt, the artificial nature of such a combination is emphasized. The author comes to the conclusion that it is necessary to abandon the fragmentation of interrelated actions - inducing suicide and facilitating its commission — into two independent elements of crime in parts 1 and 2 of the article. As a matter of discussion, the issue of distinguishing the analysed acts from driving to suicide is investigated, the validity of the legislative decision on recognizing them as more socially dangerous is proved. A separate consideration in the article is given to the question of the nature of the deterministic relationship as part of the "effective" suicidal inclination and assistance in its commission. Contrary to traditional views, it is noted that the actions of a person who inclines or facilitates are a necessary (mandatory) condition for committing suicide, that is, they are in a causal relationship with him, and not in a causal one. When considering qualification issues, the author reveals the content of the concept of "attempted suicide", while critically evaluating proposals to replace it with "suicide attempt". The non-obvious signs of the analysed crimes (targeting and special purpose) are indicated, which make it possible to distinguish them from criminally unpunished acts. Finally, proposals are formulated to amend the criminal law norm.

Indictment of the Accused in Absentia

The article concerns the essence and features of the presentation of charges in proceedings carried out in the absence of the accused (correspondence proceedings). The authors turn to the grounds and conditions for bringing charges in the course of proceedings carried out in the absence of the accused, to the opinions expressed in theory regarding the institution in question. The regulations of the institution in question are presented in the national criminal procedure legislation and comparisons of regulations provided for by the legislation of foreign countries are carried out. The article also presents the positions of the European Court of Human Rights on this issue, and in their light discusses the theoretical problems of bringing charges in absentia. The subject of discussion is also the question of when the preliminary investigation body knows the exact location of the accused, whether the latter should take measures to notify the accused of the day and time of the indictment, and only in case of his failure to present the charge in absentia. In connection with the formulation of the question, the authors come to the conclusion that when there are grounds and conditions for absentee proceedings, and the investigator decides to carry out absentee proceedings, then charging the accused by video does not follow from the general ideology of absentee proceedings.

Transparency of algorithms as a legal principle of automated processing of data relating to a person

The article discusses the problems of implementing the principle of transparency of algorithms when using information technology. The computer algorithms underlying the software often remain "black boxes" for individuals. The proposed article substantiates the need for legislative stipulation of the principle of transparency of algorithms. It assumes the openness and accessibility of information about the information used by the algorithm, the sources of obtaining such information, logical circuits and mechanisms for their processing, as well as the nature of the information obtained as a result of processing, the purposes and methods of its use. Noting the positive trends in Russian legislative regulation, the author emphasizes the need to improve legislation. The study was carried out using the comparative legal method. Examples of the legal consolidation of the principle of transparency of algorithms in the legislation of foreign countries are considered. In relation to Russian legislation, gaps in regulation are noted on the basis of the formal legal method, and proposals are formulated to eliminate them. The scientific novelty of the research lies in the formulation of the content of the principle of transparency of algorithms. It is noted that the principle of transparency should be manifested in the realization by individuals of their right to receive reliable, comprehensive and understandable information about the functioning of algorithms, about the information used and about the derived data. It is emphasized that at the level of the federal law, a criterion for the comprehensibility of information for users should be formulated. The position is also expressed that in the case of using algorithms in recommendation systems or in targeted advertising, the user should be able to refuse algorithmic processing of data about him, or limit the use of certain personal information by algorithms.

Foreign experience of the legal regulation of compensation of moral damage to the employee

The article examines the issues related to the compensation of moral damages to the employee and the determination of the amount of moral damages in case of violation of the employee’s labor rights. The relevance of the research topic is justified by the fact that in modern conditions the institution of compensation for moral damage in labor law needs to be improved, in particular, in the part of the procedure for determining the amount of compensation. The institution of compensation for moral damage to the employee is widespread in the international community and in some foreign countries, which indicates the effectiveness of this institute in the regulation of labor relations. The article analyzes the provisions of the current labor legislation of Ukraine in the part of regulation of compensation for moral damage. The specifics of compensation for moral damage in labor law are also defined, which allow to partially distinguish the specified institution from the institution of moral damage in civil legislation. During the writing of the article, both general scientific methods and special-legal methods were used, in particular, the method of state-legal modeling, dialectical, formal-legal, systemic-structural, comparative-legal and other methods. The foreign experience of legal regulation of compensation for moral damage to the employee is summarized, as well as proposals for improving the labor legislation of Ukraine developed on its basis. In the process of writing the article, the legal framework and judicial practice regarding the compensation of moral damage to the employee of Austria, Great Britain, Germany, France, the United States of America and other foreign countries were investigated. The legal regulation of the definition of moral damage, the grounds and conditions of liability, the procedure for considering cases on determining the amount of compensation for moral damage to an employee as a result of the employer’s illegal actions are analyzed. Taking into account foreign experience, it was established the need to develop an effective mechanism for determining the amount of moral damage, which, in turn, will contribute to the unification of the specified mechanism and ensure the stability and unity of judicial practice and the predictability of court decisions. A comparative analysis of compensation for moral damages within the framework of labor relations under the legislation of foreign countries allowed us to conclude that the system of determining the amount of compensation for moral damages formed in them can be taken into account when improving the current labor legislation of Ukraine.

COLLECTION OF EVIDENCE THROUGH CRIMINAL PROVOCATION AND MEASURES TO PREVENT CONSOLIDATION

This article analyzes the practice of collecting evidence as a result of criminal provocation, legislation of foreign countries on the regulation of this issue and the opinions of scientists, the socially dangerous consequences of criminal provocation, the legal gaps in the current national legal documents, and the problems in practice. In particular, the practice of creating artificial evidence as a result of criminal provocation and accusing a person based on it has been seriously criticized by the European Court of Human Rights and the Organization for Economic Development and Cooperation (OECD). The exact boundaries that distinguish criminal provocation from search activity have not been studied. On the basis of the above analysis, proposals are made to prevent cases of criminal provocation for collecting artificial evidence.

The concept of «freedom of religion» in contemporary legal and socio-political discourses

The article examines the problem of the need for a new interpretation of the concept of «freedom of religion» in modern legal and socio-political discourses. It is noted that every state, in the process of its development, in one way or another necessarily embodies universal, existential values in its legislation, enshrined not only in ancient sources that regulate relations between people, citizens and the state, but also in international acts. It was emphasized that after the restoration of Ukraine’s independence, laws on freedom of religion as a subjective legal right and religious organizations as a tool and system for meeting religious needs took an important place. It is noted that at the constitutional level, the right of every citizen to freedom of choice of worldview and religion is enshrined, which is more widely disclosed in the special law on freedom of conscience and religious organizations. A list of the main international treaties ratified by Ukraine, which deal with freedom of worldview and religion, as well as current laws of Ukraine, is given. Conclusions were made that: 1) in Ukraine, in order to ensure human rights to freedom of religion, a modern legal framework has been created, which is based on basic principles, which include, among others: a) the principle of equality of citizens regardless of their attitude to religion; b) the principle according to which no religion can be recognized by the state as obligatory; c) the principle of equality of all religions, denominations and religious organizations before the law; d) the principle of separation of the church and religious communities from the state; 2) the current legislation on freedom of religion and religious organizations needs clarification and improvement (in particular, in terms of strengthening state control over the activities of religious organizations). The possibility of using such definitions as «traditional religion» (religion), «non-traditional religion», «known religion», «unknown religion» etc. is indicated in the legislation of foreign countries. It was emphasized that Ukraine generally adheres to generally accepted international and European legislation in the field of ensuring freedom of conscience, religion and activities of religious organizations. In this sense, national legislation corresponds to European norms and is integrated into the global legal space. Key words: religion, freedom of religion, principles, freedom of conscience, principles of equality, worldview, religious organizations, church, traditional religion, non-traditional religion, state religion, totalitarian cults, extremism.

FUQAROLIK PROTSESSIDA ODIL SUDLOVNI AMALGA OSHIRISHGA KOʻMAKLASHUVCHI SHAXS SIFATIDA GUVOHNING ISHTIROKI BILAN BOGʻLIQ AYRIM MASALALAR

This article analyzes some of the issues related to the participation of a witness as a person assisting in the administration of justice in a civil process. In particular, the scientific and theoretical views of legal scholars on the concept of a witness in civil proceedings and civil procedural law and the theory of the science of civil procedural law on its procedural rights and obligations are analyzed. As well as the circumstances under which they cannot be summoned and interrogated as witnesses, the civil procedural legislation of foreign states in this area, in particular the civil procedural legislation of Germany, the Russian Federation, Azerbaijan, Belarus, and the Republic of Kazakhstan, is subjected to a comparative analysis with the national civil procedural legislation, and relevant conclusions and proposals have been developed. The article also explores the scientific and theoretical views of legal scholars on the right of a witness to refuse to testify, immunity, and the immunity of a witness. In addition, this article examines the security of witnesses as well as the legislation of foreign countries in this area. In conclusion, scientific and theoretical conclusions, proposals, and recommendations are put forward aimed at improving the Civil Procedure Legislation to improve the procedural and legal status of a witness in legal proceedings, expanding the circle of circumstances under which he cannot be called and interrogated as a witness, based on the experience of foreign countries, ensuring the rights of witnesses to privacy, and strengthening measures to ensure their safety.

Educational Resources Developers’ Copyright

Introduction. Development of digital technologies, expansion of the spheres of distant learning implementation in the context of providing the educational services has resulted in creation and location of large amount of informational content at the open educational resources and institutional websites with access restricted for the external users. As consequence, there arise issues of authorship and copyright holding of the above-mentioned content, the limits of using the intellectual activity results of the authors of such content, distribution of remuneration received for its commercial use, as well as protection of subjects’ copyright whenever it is violated.Materials and Methods. The present study is based on the works of Russian and foreign researchers on copyright, on provisions of the Russian Federation Civil and Labor Law, as well as on the legislation of foreign countries. General scientific and specific scientific methods were used, such as the method of comparative legal studies, which allowed finding out approaches for solving the set forth problems in the frame of the other jurisdictions.Results. The conducted research shows that the problem of unlawful use of the educational content and protection of the rights of the content authors and copyright holders is widely spread and is especially relevant for the open educational resources. The authors of the present article have come to the conclusion that educational online content should be qualified as a complex piece of work and at the same time as a computer software and a unique database. The limits of free use of such a product should be specifically stipulated, i.e. for personal use, for non commercial use. For settling disputes between the authors and educational institutions, it is proposed to specify in an employment contract the types of pieces of work that are considered institutional ones, and to determine the conditions for using them among the parties.Discussion and Conclusions. The investigated problems of creating and locating the large informational-educational content, of using and processing the results of intellectual activity of the authors of such content, distributing the remuneration received for its commercial use, as well as protecting the rights of subjects in case of violation, have great practical importance, because the findings can be applied to solving the problems of exclusive ownership of the institutional pieces of work.

Financial liability of the employer under the legislation of foreign countries

This article research the peculiarities of the legal regulation of the employer’s material responsibility as a party to an employment contract. The main problems of legal regulation of bringing the employer to material responsibility according to the current legislation on labor of Ukraine are outlined. In order to find ways to improve the current domestic labor legislation, the foreign experience of the legal regulation of bringing the employer to material responsibility was summarized (grounds, procedure for compensation of property damage caused to the employee, grounds for exempting the employer from material responsibility), as well as proposals for improving the legislation on labor of Ukraine. In particular, it was concluded that the current labor legislation of Ukraine does not contain provisions regarding the employer’s material responsibility for the damage caused to the employee. Since Chapter IX “Guarantees in the event of assigning material responsibility to employees for damage caused to the enterprise, institution, organization” provides rules exclusively on the material responsibility of one party to the employment contract - the employee. Particular attention is paid to the fact that the draft Labor Code of Ukraine No. 2410 provides provisions on the material responsibility of the employer, but the relevant norms need to be revised.In the process of writing the article, the legal framework, judicial practice and achievements of legal doctrine regarding the regulation of the employer’s material responsibility in such countries as Belgium, Great Britain, Spain, France and the United States of America were studied. During the writing of the article, general and special methods of learning social processes and legal phenomena were used, including formallogical, dialectical, system-functional and comparative-legal and other methods.Taking into account the experience of foreign countries in the field of legal regulation of the employer’s material responsibility, it was established the need to supplement the provisions of the current labor legislation of Ukraine with provisions on the employer’s material responsibility. Conclusions were made about the expediency of legislative consolidation of both general provisions on holding the employer to material responsibility and special cases of holding the employer to material responsibility.

INTELLEKTUAL MULK HUQUQINI BOSHQARISH VA TEXNOLOGIYALAR TRANSFERINI DAVLAT TOMONIDAN QO‘LLAB-QUVVATLASHNING TASHKILIY-HUQUQIY MASALALARI

This article discusses the role and importance of state support in the management of intellectual property rights and technology transfer. The issues of domestic and foreign experience of state programs in this direction are discussed. In particular, the organizational and legal framework of IT technology transfer in Uzbekistan, as an example of India and the Republic of Belarus, was analyzed. The aspect of state participation in intellectual property management from the perspective of not only public but also private law is touched upon. This is demonstrated by the experience of the European Union. At the same time, the issues of improving contractual and legal mechanisms for regulation of technology transfer in IT parks and the expected results were discussed. Comparative legal analysis, methods of logical interpretation, and systematization were chosen as the main methods in this study. Also in the study, the expression of norms of technology transfer is analyzed, and ideas for further improvement of the existing situation in comparison with the legislation of foreign countries are put forward.

Legal regulation of the status of a teacher in international acts and legislation of foreign countries

The article is devoted to the analysis of the legislative regulation of the status of a teacher in various legal systems and international law. In particular, universal and regional specialized acts in the field of fixing the status of a teacher and his social guarantees, as well as the features of such regulation in some foreign legal systems are considered. The author in his scientific study analyzes the international acts of the United Nations, the International Labor Organization, UNESCO in the field of registration of the teacher's status. Particular attention is paid to the countries whose education systems occupy leading positions in the ranking of countries: Finland, China. The Finnish education system occupies a leading position in terms of the level of school education, the experience of which is analyzed by the world educational community as a “Finnish phenomenon”. A scientific study of the teacher's status was carried out using data from international ratings, such as the Global Teacher Status Index, PISA (Programme for International Student Assessment). The author focuses on the activities of independent professional associations for the protection of teachers' rights in foreign countries and their role in strengthening the status, providing social guarantees, and protecting rights. A critical analysis of the principles of the activities of the Kazakhstan Branch Trade Union of Educational and Scientific Workers for compliance with its generally accepted standards of the International Trade Union Confederation has been carried out. The article assesses the law of the Republic of Kazakhstan “On the status of a teacher” from the position of compliance not only with international law standards, but also with the requirements of modernity

Conditions of the emergence of tortle obligation in the law of foreign countries and Ukraine

The concept and place of obligations to compensate for damage in the system of non-contractual obligations have been studied. The relationship between the concepts of the basis and the conditions for the occurrence of obligations to compensate for damage has been clarified. It is emphasized that the legislation of the vast majority of countries defines the following conditions for the occurrence of obligations to compensate for damage: 1) causing damage to a person or property; 2) illegality of the act; 3) causal connection between the illegal behavior of the delinquent and the damage caused; 4) the fault of the delinquent. However, approaches to understanding each condition differ. The understanding of the concept and types of damage in the countries of the «common law family» and «continental law family» is clarified, attention is drawn to the peculiarities of the legal regulation of moral damage compensation in certain countries, such as: Germany, France, Hungary, Bulgaria, Japan. The concept of «nominal damage» is studied, which is known in the countries of the «common law family» and is used by the court in those cases when no real damage has been caused to the plaintiff, and the lawsuit is aimed at establishing his right. Special attention is paid to the understanding of the concept of «moral damage» in different legal systems. The peculiarities of the interpretation of the concept of «unlawfulness of an act» as a condition for the emergence of obligations to compensate for damage in the legislation of foreign countries and Ukraine are analyzed. Different theories of understanding the cause-and-effect relationship between illegal action and damage, which are defined in national legislation and regulations of foreign countries, are considered. Guilt is analyzed as a condition for the occurrence of obligations to compensate for damage. It was found that the vast majority of countries determine cases of liability for causing damage without fault. It was concluded that in most countries, as well as in Ukraine, such conditions are: 1) causing damage to a person or property; 2) illegality of the act; 3) causal connection between the illegal behavior of the delinquent and the damage caused; 4) the fault of the delinquent. However, the approaches to understanding each of the conditions differ, as evidenced by the analysis of legislation, scientific opinions and judicial practice.

Векторы развития конституционной защиты прав человека в связи с прогрессом геномики

Introduction. In modern conditions of rapid development of genomics, the formation of a database of genetic testing of the Russian population, the legislative framework that effectively protects human rights and legitimate interests is only being formed in Russia. Theoretical analysis. Genetic information is of interest not only for a person who has undergone genetic testing, but also for his / her family members, the state in the organization of personalized medicine, employers, insurers, bankers. This situation is associated with violations of the constitutional rights of citizens to personal dignity, privacy, personal and family secrets, and non-discrimination. Empirical analysis. The problems of legal support of the constitutional rights of citizens in connection with the progress of genomics in various fields are revealed: in healthcare, marital, labor, insurance, banking relations, which requires prompt legislative regulation. Results. The vectors of the development of human rights protection in connection with the development of genomics are substantiated, taking into account the discussion of the most appropriate solutions in the legislation of foreign countries, allowing for a fair balance of interests of the owner of personal genetic information and third parties, with maximum minimization of potential risks of violation of constitutional rights.

Features of the legal regulation of the distribution agreement in foreign countries

In this article, the author has researched and analyzed the features of legal regulation and the place of a distribution agreement in the law of foreign countries. In particular, the main problems arising from the legal regulation in the legislation of certain foreign countries are identified, as well as the possibilities of implementing certain norms from the legislation of foreign countries into the legal system of the Republic of Moldova in order to regulate the distribution agreement.

Fulfillment of the terms of the contract as a result of force majeure during martial law

Under the conditions of martial law, the existing contractual activity in Ukraine was actually divided into: contracts concluded before the beginning of martial law and after its introduction.
 The peculiarity of the application of force majeure for domestic business entities during martial law is the occurrence of its circumstances mainly for both parties.
 Each type of contract concluded between the parties, as a rule, contains provisions on the actions of the parties that must be taken under force majeure circumstances and the consequences that will follow for the parties regarding the fulfillment of contractual obligations with the use of force majeure.
 The military aggression of the Russian Federation against Ukraine has affected almost all spheres of human life in Ukraine, including the possibility of fulfilling civil obligations. It is assumed that for these reasons, a large number of civil law agreements concluded in Ukraine will not be properly implemented, the conditions will be changed, and in other cases, in general, the termination of the agreement. In this regard,there is a need to investigate the consequences of non-compliance with civil law obligations due to martial law in Ukraine.
 If the parties have not agreed to bring the agreement in line with the current circumstances of martial law, which have changed significantly, the agreement may be terminated on the grounds established by the Central Committee of Ukraine, amended by a court decision at the request of the interested party. the moment of concluding the contract the parties assumed that such a change of circumstances will not occur; the change of circumstances is due to reasons that the interested party could not eliminate after their occurrence with all the care and diligence required of it.
 Legal regulation of the legal consequences of significant changes in the circumstances that exist when concluding a contract is usually based on one of two key principles of contract law: the principle according to which contracts must be performed (pactasuntservanda), or clause (clausularebussicstantibus). The legislation of foreign countries contains norms according to which «a change of circumstances may justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results, incompatible with justice».
 The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: - actually change the contract, ie change the terms of the contract (and as a consequence - the obligations between the parties) while maintaining the contract in force; – and termination of the contract by agreement of the parties

On the Implementation of the Principle of Dualism of Intellectual Law in Co-authorship

The relevance of the conducted research is conditioned by the absence of legislative stipulation of the procedure and criteria of evaluation of the creative contribution of co-authors in the single result of their creative activity, as well as by the inconsistency of some cited court arguments, including the impossibility to create a photograph by several authors. In fact, the legislative definition of the notion of co-authorship, given in art. 1258 of the Civil Code of Russian Federation, is not substantial and functional: it lacks the essential and distinctive features and does not reflect the essence of this phenomenon, which makes it difficult to determine the contribution of each author and to evaluate it. In this paper we explore the notion of co-authorship, both in terms of its semantic meaning and in terms of the creative process. Co-authorship is examined using the example of the creation of a photograph as an object of copyright. In fact, the subject of the study is the relationship of established co-creation in photography and exclusive rights to it. The methods of analysis, inductive and comparison with the legislation of foreign countries were used. The main attention is paid to the analysis of judicial practice in the settlement of disputes on the violation of exclusive rights to photographic images, judicial explanation concerning the co-authorship and other similar in nature relationships arising in the process of creating an intellectual creative product (photography). Conclusions are drawn on the relationship between court-established infringement of exclusive rights and the recognition of copyright, legal dualism as the relationship between exclusive and copyright in the court's recognition of co-authorship or lack thereof.

ДОБРОЧЕСНІСТЬ СУДДІ ЯК КРИТЕРІЙ ОЦІНЮВАННЯ РОБОТИ СУДІВ В УКРАЇНІ

The article analyzes the practice of European judicial systems regarding the application of such a criterion as integrity to a judge. The author also analyzes the theoretical achievements of scholars regarding the content of such moral and ethical categories which have entered the legal circulation and the national legal field as good faith and integrity. The choice and relevance of the topic is due to the criticism and unsatisfactory state of affairs in the context of numerous reforms in the field of justice in our country and the ambitious goals of achieving the European legal and judicial culture. The author establishes that a condition for judicial independence and administration of justice in compliance with the rule of law is the integrity of a judge. At the same time, it is determined that integrity is a legally established criterion for the qualification assessment of a judge by the High Qualification Commission of Judges of Ukraine with a view to determining the ability of a judge (candidate for the position of a judge) to administer justice in a relevant court. The article analyzes the Recommendation of the European Network of Councils for the Judiciary workshop on the evaluation of judges and provides the main provisions relating to judicial evaluation systems and, accordingly, courts in European judicial systems. In the course of the study of comparative analysis of the selection, evaluation and promotion of judges: current criteria and methodology used in the EU and beyond, the author establishes that integrity competence (ability to resist undue influence, adherence to professional ethics, etc.) is a typical criterion enshrined in the legislation of foreign countries. It is found that in countries that have recently undergone or are undergoing judicial reform, there is a tendency to establish very high and very detailed requirements (criteria) for the selection, evaluation and promotion of judges, but less attention is paid to the methodology for verifying these requirements, which prompts future research to focus on specific methodologies and tools that allow us to understand how decisions are made on whether a person meets these requirements, such as integrity. Based on the analysis of scientific approaches to the use of such moral and ethical categories as good faith and integrity in law, the author concludes that they fully reflect the tasks of the court in the administration of justice and are both a separate requirement (competence) and a guide for a judge in the performance of his or her duties. Key words: court independence, court performance evaluation, evaluation criteria, justice system reform, integrity, good faith.