New Law Of Ukraine Research Articles

LEGISLATIVE SUPPORT OF TEACHER PROFESSIONAL DEVELOPMENT IN UKRAINE

Modern education acquires qualitative transformations, adapting to new conditions. Institutions of postgraduate pedagogical education and methodological services are undergoing a thorough reorientation, to overcome a number of stereotypes in the system of teacher professional development before calling for educational services to improve the skills of newly established professional educational associations and NGOs. However, today not only is the problem of inconsistency of the current education system with new needs exacerbated, but also traditions and connections are being broken. Therefore, it is necessary to maintain cooperation between educational institutions and build new cooperation with communities in the regions, without losing the potential of institutions of postgraduate pedagogical education. The New Ukrainian School is changing the entire education system and the teacher, who must be an agent of change, a provider of educational reform, a community leader. These changes affect the system of postgraduate education, causing a new content and technological burden on the teacher professional development. The basis of teacher professional development is the awareness of all transformations in education as a natural need to constantly improve their skills, to form and develop a professional worldview and pedagogical consciousness. The ar-ticle outlines the features of legislative support for the teacher professional development in Ukraine. Several ways of implementing parts of the new law of Ukraine "On Education" on teacher professional development are substantiated (for example, change of forms of teacher professional development, change of mentality, financing of professional development, formation of a plan of teacher professional development etc.). The functional activities of the future Centres for Teacher Professional Development, which will replace the current methodical offices, as well as the concept of "professional development" are briefly outlined.

РОЗВИТОК ПРАВОВОГО РЕГУЛЮВАННЯ КОНЦЕСІЇ У СФЕРІ ПОВОДЖЕННЯ З ВІДХОДАМИ

The article considers the peculiarities of legal regulation of concession relations in field of waste management in the context of the new Law of Ukraine «On Concession». The main purpose of this paper is to substantiate proposals for the development of the above-mentioned legal regulation. The paper offers to establish special performance indicators, the achievement of which will determine the amount of fee for the operational readiness of waste facility (paid to concessionaire by public partner). Such indicators are increase in volume of separate collection and recycling of waste, reducing volume of biodegradable waste disposal, as well as non-pretreated household waste disposal. The procedure for analyzing the effectiveness of public-private partnership in the form of a concession is specified, taking into account the principles of waste hierarchy, self-sufficiency and proximity. The waste hierarchy will allow a fuller assessment of the environmental, resource, energy, social and other efficiencies of potential concession projects. The principle of proximity can be an important criterion for determining the optimal location of waste facility to be built by concessionaire. It is proposed to approve model concession agreements for the construction and management of waste facilities. By analogy with model lease agreements of state property, all conditions established by model concession agreements for the construction and management of waste facilities it is advisable to divide into changeable (recommended) and unchangeable (mandatory). It is argued the direct inclusion of waste legislation in the legislation, which is not subject to the guarantees of the rights of concessionaire.

ЕВОЛЮЦІЯ ПРАВОВИХ ПІДХОДІВ ДО ЗАБЕЗПЕЧЕННЯ ОСВІТНІХ ПОТРЕБ НАЦІОНАЛЬНИХ МЕНШИН В УКРАЇНІ

The article reveals the reasons and nature of the evolution of legal approaches regarding the educational needs of national minorities in Ukraine.It is emphasized that shortly after the revival of statehood in Ukraine, a legal framework for the protection of national minorities was created, which joined Ukraine to the European leaders in this field.At the same time, the author attends to another reality. Step by step, a situation developed in Ukraine, in which, on the one hand, the preservation and development of linguistic and educational identity of national minorities was ensured by the state at the appropriate level, but on the other hand, Ukrainian-language education as one of the integration factors of state formation process of minorities, far from fully fulfilling its functions.The essence of the three models of development of Ukrainian-language education in institutions with education of national minorities, proposed in the new versions of the laws of Ukraine «On Education», «On Complete General Secondary Education» and in the new Law of Ukraine «On Ensuring the Functioning of Ukrainian as State» correct this situation.

PET FOOD ON THE MARKET OF UKRAINE

Domestic and foreign production pet food has been subject to state authorization in Ukraine for 20 years. Each prescription of the finished product provided authorization, so the process of their manufacturing and turnover met the requirements of national legislation, which ensured their rational use. The new Law of Ukraine “On Feed Safety and Hygiene” adopted in 2017 brought Ukrainian legislation closer to the norms in force in the EU Member States. However, this Law introduced a new system of authorization of feed additives, but not the finished feed. Requirements for feed production are supervised by a number of regulations, which include the requirements of the European Federation of Food Manufacturers (FEDIAF) for animals and the ISO 22 000 standard, which ensures hygiene, quality, and safety of use.
 The manuscript illustrates the analysis of the authorized pet food in Ukraine during 2015- 2019, which is necessary for the further development of the domestic market of these products.
 The prime purpose of this study was the quantitative and qualitative analysis of feed for non- productive animals with the determination of their percentages in the list of the authorized, which differ in types, production forms, animal species for which they are intended. Regulatory stipulations for pet food include mandatory requirements for determining their species, categories, and quantities of feed additives, feed materials, and labeling.
 The presented characteristics of available pet food on the Ukrainian market during 2015-2019 showed that the broad majority of feeds, 91%, were imported. The compound pet food dominated the study list, and dietary pet food accounted for only 6% of the total range. Pet food is dry and wet or semi-moist. The results of the study revealed the share of dry and wet feeds, and the specifics of their production forms identified. The most common in the list of analyzed pet food was dry, intended for all types of non-productive animals. Wet pet food occupies a slightly smaller share, mainly used for dogs and cats. Dry pet food in the form of pellets and wet pet food in the form of meat or fish pieces were the main groups of food for dogs and cats.
 This study showed that imported pet food products for non-productive animals dominated in the Ukrainian market, but a tendency to introduce domestic pet food by increasing production by leading national companies present.

Professional secondary education system in Ukraine: legal supply

Problem setting. Nowadays the content of secondary education in Ukraine does not take into account individual characteristics of the students and it is not focused on the formation of creative potential and system of knowledge by interests, the educational process is overburdened with secondary factual material and is overly regulated. It necessitates the search and implementation of new approaches to organization of educational process in high school. One of such approaches is career counselling for secondary school students that provides thourough and specialized general education, access to quality education in accordance with the individual skills and needs of the student youth.Recent research and publications analysis. The problem of career counselling for secondary school students in Ukraine has become the subject of research by Ukrainian scholars. In particular, theoretical and conceptual foundations of career counselling training were investigated by N. Bibik, M. Burda, S. Volyanskaya, O. Adamenko, V. Kizenko, A. Samodrin, B. Fedorishin, G. Vashchenko, M. Goncharov, N. Dmitrenko.Highlighting previously unsettled parts of the general problem. The introduction of specialized secondary education is one of the priorities of public education policy. Therefore, it is advisable to investigate the legal bases for introducing career counselling for secondary education system in Ukraine within the science of public administration.The aim of the article is to analyze the legal support for the introduction of career counselling for secondary education system in Ukraine.Paper main body. According to Article 53 of the Constitution of Ukraine everyone has the right to education. However, the deterioration of indicators of competitiveness and the innovative attractiveness of secondary education system in Ukraine need a thorough reform within the framework of the Concept of Implementation of the State Policy for the Reform of General Secondary Education “New Ukrainian School” for the period up to 2029. The aim of the reform of the education system in Ukraine is to create the conditions for personal development and creative self-realization of every citizen of Ukraine, to create generations capable of learning throughout life, to create and develop the values of civil society.In accordance with the objectives of the first phase of implementation of the Concept (2017 – 2018), a new Law of Ukraine “On Education” was adopted, Article 10 of which defines three levels of secondary education: primary education lasting four years; basic secondary education lasting five years; specialized secondary education lasting three years. At the third stage of the Concept implementation (2023 – 2029), it is planned to introduce a specialized level of secondary education – a process of individual and differentiated learning, the basic ideas of which are the education of students in grades 10 – 12 by: interests; competencies; plans for self-realization.According to the Law of Ukraine “On Education”, obtaining a specialized secondary education involves two directions:– academic – specialized education based on the combination of the content of education which is defined by the standard s of secondary specialized education, and in-depth study of individual subjects taking into account the abilities and educational needs of education recipients focusing on continuing education at higher levels of education;– professional – labor market oriented specialized education based on a combination of educational content defined by the standard of secondary specialized education and a professionally oriented approach to learning taking into account the abilities and needs of students.Conclusions of the research and prospects for further studies.1. The crisis and the challenges of the problem have led to the reform of the content of secondary education in Ukraine on the basis of competent and personally oriented approaches to learning; orientation to the acquisition of skills necessary for successfu students self-realization in their professional activity.2. One of the directions of modernization and improvement of the secondary education system in Ukraine is to ensure the acquisition of appropriate qualitative skills and competences at school needed for work, innovation and active citizenship through the introduction of a specialized link education. The content of career counselling for secondary education involves the introduction of the process of individual and differentiated learning of students in grades 10 – 12 by interests, competencies and plans for self-realization.3. The legal basis for career counselling for secondary education system in Ukraine is the Constitution of Ukraine, the Laws of Ukraine “On Education”, “On Complete General Secondary Education”, the Concept of the implementation of state policy in the field of reforming general secondary education “New Ukrainian School” for the period up to 2029. For the effective reform of the general secondary education with the introduction of the career counselling component it is necessary to implement the provisions of the Law of Ukraine “On comprehensive general secondary education”, to develop and adopt the new Law of Ukraine “On Vocational Education”.The subject of further scientific research in this area will be the content and forms of organization of specialized education in secondary school.

THE PERSON’S CONSTITUTIONAL RIGHT TO USE THE MOTHER TONGUE OR LANGUAGE THAT THE PERSON UNDERSTANDS IN THE LEGAL PROCEEDINGS, IN ACCORDANCE WHITH THE «LANGUAGE» LAW OF UKRAINE

The purpose of the article is to analyse the legal regulation and ensure the realization of the constitutional right to use in the legal proceedings the mother tongue or language that the person understands, in the newly adopted Law of Ukraine «On ensuring the functioning of the Ukrainian language as a state language».The existing research in the sphere of state-making activity of the state, constitutional rights of persons and the exercise of justice does not clearly and completely reveal the legislative support of the peculiarities of normative fixing of a constitutional right to use in the legal proceedings the mother tongue or language that the person understands, given the relatively recent adoption and entry into force by the Law of Ukraine «On ensuring the functioning of the Ukrainian language as a state language».Author analysed the norms on the possibility of usage the mother tongue or language that the person understands while conducting the legal proceedings and on ensuring the realization of the person’s constitutional right to use the mother tongue or language that the person understands in the legal proceedings.The author is devoted to identification of the deficiencies that negatively impact on the legal regulation and realization of constitutional right to use in the legal proceedings the mother tongue or language, which person understands and limit it.In particular, the author specified that there are no provisions in the new «language» law for the translation of court decisions and other procedural documents into the regional language, the mother tongue or language that the person understands, using the standards of such language. Neither there are no provisions on the use of regional language and specific ways of realization of the constitutional right to use the mother tongue or language that the person understands, using their standards.Suggestions are made to improve the legal regulation and ensure the realization of person’s constitutional right to use the mother tongue or language that the person understands in the legal proceedings in the new Law of Ukraine «On ensuring the functioning of the Ukrainian language as a state language».

EXPERIENCE OF ICT IMPLEMENTATION IN PRIMARY CURRICULUM IN UKRAINE AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

The study was formulated within the context of an increasing recognition of ICT as curriculum priorities in primary schools of many European countries. The implementation of ICT-centered curriculum is a step towards realizing the goals of the new Law of Ukraine “On Education” (2017), National Strategy for the Development of Education in Ukraine until 2021, European strategic programme “Education and Training 2020”. Actuality of approaches to ICT implementation in present-day primary schools is caused by the substantial development of digital technologies and requirement of digital literacy for people’s work, social, and personal lives. The unique opportunity of primary education as a large sub-sector of any education system is to contribute to the renewal of societies through education of the young. The paper aims to study implementation of Computer science into national standard of primary education in Ukraine and the UK. In the recent years, many European countries have seen some changes of the content one of which relates to the area of computer science education that resulted in implementing an ambitious new curriculum in this subject. The author gives a comparative analysis of primary ICT within national standards in term of the Computer science development from the initial stage to present day situation. The comparative analysis specifies areas of similarities (aims, objectives, approaches to implementation, priorities of developing digital skills, teaching hours) and differences (programme topics, characterization of learning outcomes) in the study of ICT covering the subject content, expected learning results and general principles of ICT in education, as well as examples of ICT implementation.
 The paper is also focused at discussing the role of the ICT curriculum in modern-day primary classroom; advantages and disadvantages of ICT integration at primary stage.
 Much attention is paid to how it is integrated into daily learning modes to allow and encourage active learning. In primary education there are two main models of ICT implementation into curriculum, these are: ICT integrated across the curriculum; ICT (or Informatics, Computer Science and Computing) as a discrete subject within national standard.

СОЦІАЛЬНА ІНКЛЮЗІЯ: АСПЕКТ «ВКЛЮЧЕННЯ» ДІТЕЙ ДО СУСПІЛЬСТВА ДОРОСЛИХ

У статті розглядається поняття «соціальної інклюзії» в розумінні «включення до суспільства». Зміст цього вислову можна трактувати не лише як «включення» до загальноосвітнього процесу дітей з особливими освітніми потребами, а насамперед як «включення» до «суспільства дорослих» усіх без винятку дітей. Доводиться думка про те, що батьки не повинні перекладати свої безпосередні обов’язки щодо виховання дітей на педагогів та оточення. Представлені рекомендації з означеного питання видатного педагога ХХ століття А. С. Макаренка.

Economic and legal regulation of the technology subsystem of the National innovation system

Economic and legal regulation of the technology subsystem of the National innovation system

СУЧАСНИЙ РОЗВИТОК РАХУНКОВОЇ ПАЛАТИ УКРАЇНИ

In the course of the research it was found that the initial stages of development of activity of the Accounting Chamber of Ukraine allowed to form the basic theoretical and methodological, methodological and organizational bases of it. However, the requirements of the development of the economy of Ukraine as a whole and its system of public finances required corresponding significant changes in the above-mentioned control sphere. The article analyzes a number of normative documents that influenced the formation, state and modern development of the Accounting Chamber of Ukraine. It was found that the development of state financial control (audit) provisions in the context of globalization and economic integration processes required the closest approach of the latter to the recognized world approaches. The resulting requirements of exogenous and endogenous nature have resulted in the new Law of Ukraine “On the Accounting Chamber”, which is characterized by a certain expansion of functional powers, which include the following group directions within the main powers. The study looked at the structure of the Accounting Chamber of Ukraine. The analysis of the provisions of the new Law of Ukraine “On the Accounting Chamber” for its compliance with the International Standards of Auditing (ISSAI) - level 1-2, allowed to form some differences. In order to overcome the relevant gaps and to implement the INTOSAI recommendation to develop a strategy for the development of the Accounting Chamber of Ukraine, the said authority adopted the Strategy for the Development of the Accounting Chamber for 2019-2024. In its turn, the mentioned normative document was considered for its relevance in the world of external and internal content-information requests. In particular, a description of the content load of the Heads of Development Strategies in different countries of Eurasia and the EU is made, the specific weight of the application of the whole nomenclature of structural clusters of the Strategies of Development of the Heads of State in different countries of Eurasia and the EU is considered. The elaboration of the Strategy for compliance with the above strategic development goals of the SAA revealed a gap in the part of institutional development, namely: lack of a policy and strategy of interaction with the stakeholders (in terms of their different types).

СТАНДАРТИЗАЦІЯ ВИМОГ ДО ВИЩОЇ ОСВІТИ, ЯК ІНСТРУМЕНТ ЗАБЕЗПЕЧЕННЯ ЯКОСТІ ВИЩОЇ ОСВІТИ: РІВНІ ВИЩОЇ ОСВІТИ ТА ПРЕДМЕТНІ ОБЛАСТІ

The article discusses some problems of standardization of higher education levels and subject areas in Ukraine, as well as possible ways to solve them. For this purpose, international standardization practices, experience, and problems of creating new higher education standards in Ukraine are considered. According to the Law of Ukraine "On Education", standardization is one of the components of the external quality assurance system in education. Ukrainian legislation provides several levels of standardization – legal requirements, the National Qualifications Framework, higher education standards. The National Qualifications Framework of Ukraine was established in 2011. Today it defines 8 levels corresponding to the levels of the European Qualifications Framework. The new Law of Ukraine "On Higher Education", adopted in 2014, gives higher education institutions significantly greater academic autonomy and provides teachers and students with greater academic freedom. At the same time, it envisages the creation of a new model of quality assurance based on the ESG-2015 and the practices of the EHEA countries. However, the implementation of this model faces a number of problems. Higher education standards should guarantee, on the one hand, the compliance with the level requirements of the NQF, EQF and the QF EHEA, and on the other one, with the needs of the labour market. The formulation of the subject area of ​​the specialty turned out to be one of the serious problems in the development of standards. At the initial stage of work on standards, it was quite common for developers to try to define the subject area through the content of education. Another major challenge was to ensure that the complexity of requirements of the standards meets the NQF levels. Proposals to solve these and some other problems are being discussed.

EVOLUTION OF THE USE OF ELECTRONIC PAYMENT INSTRUMENTS: FINANCIAL AND LEGAL ASPECT

The evolution of the use of electronic payment instruments from a finance law position is analyzed in the article. In the context of the latest technology dynamic introduction in the field of payments, the beginning of the history of modern electronic payment instruments can be conditionally linked to the creation of the London Clearing House in 1775 in the United Kingdom and the subsequent active use in the calculation of promissory notes and cheques, as well as other payment documents on the basis of the clearing. At the same time, we propose to periodize the evolution of the use of electronic payment instruments in the calculation of foreign and domestic experience, which includes three main stages: Stage I (end of the XVIII century – end of the XIX century) formation of legal preconditions for the birth of the first electronic payment instruments in the form of promissory notes and cheques, as well as payment documents on the basis of clearing; Stage II (XX century) electrification of payment transactions with the support of their electronic means of payment (bank cards, mobile payment instruments), electronic purses for initiating payments, as well as the use of the first electronic money in order to pay for goods and services. Stage III (XXI Century – nowadays) digitization of payments, characterized by the active use of contactless chipped cards, contactless mobile instruments, electronic money, electronic payment means based on widespread electronic payments in the world of electronic payment ecosystems, such as PayPal (1998), Payoneer (2005), Skrill (2001), Stripe (2009), TransferWise (2010), etc., virtual money in the form of virtual currencies, Quick Response codes, and the introduction of digital currencies of central banks. The suggested periodization of the evolution of electronic payment instruments is based on historical facts, economic conditions, the introduction of the latest financial technologies, national preferences, and the legislation development in the field of payments. At the same time, the genesis specificity of the use of electronic payment instruments in Ukraine is conditioned by the imperfect special law on payment systems and the transfer of funds, which, unfortunately, does not meet the current international and European Union standards. Therefore, there is an urgent need to reform outdated domestic legislation in the field of payments by adopting a new Law of Ukraine «On Payment Services». Keywords: electronic payment instrument, electronic means of payment, use of electronic payment instruments, electronic payment instruments evolution, financе law.

Evolution of the use of electronic payment instruments: financial and legal aspect

The evolution of the use of electronic payment instruments from a finance law position is analyzed in the article. In the context of the latest technology dynamic introduction in the field of payments, the beginning of the history of modern electronic payment instruments can be conditionally linked to the creation of the London Clearing House in 1775 in the United Kingdom and the subsequent active use in the calculation of promissory notes and cheques, as well as other payment documents on the basis of clearing. At the same time, we propose to periodize the evolution of the use of electronic payment instruments in the calculation of foreign and domestic experience, which includes three main stages: Stage I (end of the XVIII century – end of the XIX century) formation of legal preconditions for the birth of the first electronic payment instruments in the form of promissory notes and cheques, as well as payment documents on the basis of clearing; Stage II (XX century) electronization of payment transactions with the support of their electronic means of payment (bank cards, mobile payment instruments), electronic purses for initiating payments, as well as the use of the first electronic money in order to pay for goods and services. Stage III (XXI Century – nowadays) digitization of payments, characterized by the active use of contactless chipped cards, contactless mobile instruments, electronic money, electronic payment means based on widespread electronic payments in the world of electronic payment ecosystems, such as PayPal (1998), Payoneer (2005), Skrill (2001), Stripe (2009), TransferWise (2010), etc., virtual money in the form of virtual currencies, Quick Response codes, and the introduction of digital currencies of central banks. The suggested periodization of the evolution of electronic payment instruments is based on historical facts, economic conditions, the introduction of the latest financial technologies, national preferences and the legislation development in the field of payments. At the same time, the genesis specificity of the use of electronic payment instruments in Ukraine is conditioned by the imperfect special law on payment systems and the transfer of funds, which, unfortunately, does not meet the current international and European Union standards. Therefore, there is an urgent need to reform outdated domestic legislation in the field of payments by adopting a new Law of Ukraine «On Payment Services».

The system of providing of social services: the current state

The article is devoted to one of the current scientific problems – the analysis of the role of public organizations in the system of social services. The relevance of the chosen topic is also confirmed by the introduction of the new Law of Ukraine «On Social Services», which aims to remove the state monopoly on social services, promote partnerships between state and municipal enterprises and public and charitable organizations and involve the latter in helping individuals and/or seven who found themselves in difficult life circumstances. In the article, the term «social services» is defined as actions of state organizations, municipal organizations, non-government organizations and individuals aimed to prevent difficult life circumstances of persons and/or families being in them, overcoming such circumstances or minimizing them. The purpose of the article is to determine the role of public organizations in the system of providing social services in Kharkiv. The article focuses on the analysis of public organizations as subjects of social services in Kharkiv. Unique experience of cooperation of local authorities of Kharkiv with public and charitable organizations in providing social services on the example of the project «Unified social network» is described. In particular, in 2019, the winners of the tender for the implementation of social order proposals «Unified Social Network» were 46 public organizations that have implemented more than 60 social projects at the expense of the city budget. The article notes that the peculiarities of public organizations in providing social services are that they are less formalized and bureaucratic than state organizations, use an individualized approach to each client, provide additional services, and involve a wide range of professionals and volunteers to solve problems of individuals and / or families who find themselves in difficult life circumstances.

До питання маркування кормів за законодавством України

The article describes the characteristics of modern legislation on the feed labeling, including the provisions of the Law of Ukraine «On Feed Safety and Hygiene». The attention is paid to determining the correspondence of national legislation on feed labeling with EU legislation. It is determined that the positive changes in the field of feed labeling include: dedication to this aspect of a separate section of the Law of Ukraine «On Feed Safety and Hygiene»; definition of the principles of feed labeling; differentiation of labeling into voluntary and mandatory; detailed regulation of general and specific labeling requirements for different types of feed; implementation of the State Catalog of Feed Materials and the State Register of Approvals on the Properties of Feeds for particular nutritional purposes; development of by-laws for the implementation of the provisions of this Law, including the part of feed labeling. It has been established that the updated legislation on feed labeling is entirely in line with international requirements and takes into account the provisions of the European Union acts, in particular, EU Regulation No 767/2009, EU Regulation No 1831/2003, EU Regulation No 1830/2003, and EU Regulation No 1829/2003. It is substantiated that the disadvantage of the new Law of Ukraine «On Feed Safety and Hygiene» is the lack of provisions in it about feed obtained from organic production. The relevant changes to this regulation are proposed. Keywords : feed, feed additives, premix, legal support, labeling, label, general labeling requirements, special labeling requirements, animals, European Union legislation

СУТНІСТЬ І ЗМІСТ КОРПОРАТИВНОГО ДОГОВОРУ ЯК ПІДСТАВИ НАБУТТЯ КОРПОРАТИВНИХ ПРАВ ТА ОБОВ’ЯЗКІВ УЧАСНИКА ТОВАРИСТВА З ОБМЕЖЕНОЮ ВІДПОВІДАЛЬНІСТЮ

У статті розглянуто сутність та особливості корпоративного договору як підстави набуття корпоративних прав та обов’язків учасника товариства з обмеженою відповідальністю. На підставі наукових положень і враховуючи норми чинного законодавства визначено такі ознаки корпоративного договору як: безвідплатність; письмова форма; конфіденційність змісту корпоративного договору; пріоритетність положень корпоративного договору над іншими договорами товариства; сторонами договору є лише учасники товариства. Звернуто увагу на умови, за яких корпоративний договір є нікчемним. Охарактеризовано мету та мотиви укладення корпоративного договору учасниками товариства з обмеженою відповідальністю. Окрему увагу приділено розгляду питання щодо строку дії та чинності корпоративного договору. Проаналізовано особливості закріплення переважних прав учасників товариства з обмеженою відповідальністю у змісті корпоративного договору. Досліджено інші істотні умови корпоративного договору. Визначено дискусійні моменти щодо конфіденційності корпоративного договору та запропоновано способи їх подолання. Розглянуто особливості оприлюднення корпоративного договору, стороною якого є держава, територіальна громада, державне або комунальне підприємство чи юридична особа. Доведено, що договірні правовідносини, які породжуються корпоративним договором, характеризуються динамічністю, тому учасникам товариства з обмеженою відповідальністю (сторонам договору), у визначених законодавством випадках, надається право змінювати зміст корпоративного договору. Визначено позитивні моменти закріплення корпоративного договору у новому Законі України «Про товариства з обмеженою та додатковою відповідальністю».

DOMESTIC VIOLENCE IN UKRAINE AS A CRIMINOLOGICAL PROBLEM

The problem of domestic violence remains an urgent problem for all countries of the world, Ukraine is no exception. Unfortunately, the political and economic processes that take place in the 21st century in our state negatively affect the family and its derivative institutions. This includes an increase in the number of families who find themselves below the poverty line, regular fights and quarrels that create conflicts in the family, the spread of alcoholism, drug addiction and prostitution, a decrease in the role and influence of the state, and a change in social standards for itself Institute of the family. Among the main signs of domestic violence is the intentionality of committing and causing physical, psychological, economic harm and the like. In addition, there are reasons that prevent the victim of violence from leaving the offender, among which are: the lack of alternatives to another residence; property and financial dependence; desire to save a family; acquired helplessness syndrome; unwillingness to stop destructive marriage and more. Domestic violence is the result of deliberate actions of the person who commits it and which is supported by aggression and the desire to do harm, and not by the desire to unleash the domestic conflict through reconciliation. In 2017, the VerkhovnaRada of Ukraine adopted the new Law of Ukraine “On the Prevention and Counteraction of Domestic Violence” normatively enshrined the definition of domestic violence, according to which act (action or inaction) of physical, sexual, psychological or economic violence that occurs in the family or within the place of residence or between relatives, or between former or current spouses, or between other persons who together live (lived) the same family, but are not (were not) in the family wearing or married to each other, regardless of whether the person who committed domestic violence lives in the same place as the injured person, as well as the threat of such acts. The article notes that the latest in the country’s legislation is sexual violence. Legislative innovations, in particular, reinforce an updated approach to crimes against sexual freedom and integrity: the concept of “voluntary consent” and the fact of “penetration” are introduced – the distinction between rape and other forms of sexual violence. The law provides for consent to intimacy even from a man or wife. It is proved that violence, of course, under any conditions, is a crime. And therefore, the lack of a clear definition in the law causes incorrect qualifications and, accordingly, inappropriate responses of state bodies to criminal acts.

Current Judicial Reform in Ukraine and in Poland: Constitutional and European Legal Aspect in the Context of Independent Judiciary

Since the Revolution of Dignity in 2014, Ukraine has been carrying out revision and bringing to conformity with international standards of legislation in terms of judicial system and legal procedure. On 2 June, 2016 the law amending the Constitution of Ukraine in the part of justice, as well as the Law of Ukraine ‘On Judicial System and Status of Judges’ was adopted. On 13 July, 2017 a new Law of Ukraine ‘On the Constitutional Court of Ukraine’ was adopted. In the middle of December 2017, the election to the Supreme Court finished and its new composition was formed, at the same time the revision of all procedural codes took place. However, one on the main problems of the judiciary in Ukraine has been the problem of the judicial independence as a whole and in the part of independence of judges. The subject of this research is the question of judicial independence in the context of respective international standards. Similarly, the aim of part of the paper about the judicial system of Poland is to show the legislative changes regarding the judiciary which took place in Poland recently, i.e. within the last 3 years. As the ongoing changes of functioning, competence and organization of the Constitutional Tribunal, common courts, the Supreme Court and the National Council of Judiciary have been observed and commented upon by various European institutions, they will be shown in relation to the common European standards regarding the judicial independence presented in opinions and reports of Venice Commission, European Network of Councils of Judiciary and Consultative Council of European Judges.

FEATURES OF CREATION AND ACTIVITIES OF LEGAL ENTITIES UNDER THE CURRENT LEGISLATION OF UKRAINE

Objective: to analyze the national legislation regarding the specifics of creating a legal entity, to consider the problematic issues of registration and formation of a legal entity at the current stage in the context of adapting legislation for legal entities with international standards. Research methods: the use of the dialectical method of knowledge allowed us to concentrate the accumulated scientific knowledge and practice of applying legislation on the legal basis for creating a legal entity. Results: investigated the issue of registration of legal entities, the main problems of their operation. The conclusion was made: that the emergence of a legal entity must comply with the rules established by current legislation, and new legislative changes are in line with the trends to improve legislation in relation to legal entities. Discussion: legislation with respect to legal entities, changes, namely the adoption of a new Law of Ukraine «On Limited and Additional Liability Companies», which aims to harmonize the legislation governing the activities of LLC and ALC to European standards. The emergence of a legal entity is impossible without certain constituent documents, which may be: a regulatory act or a statute (a provision), or a founding agreement and statute, or minutes of meetings, etc. The constituent documents must indicate the name of the legal entity, its location, purpose and subject of activity, the composition and competence of its bodies, as well as other information provided by the legislation on legal entities of the appropriate type. Constituent documents may contain other details that are not in conflict with the law. Methods of legal influence on the formation and activities of legal entities coincide in many countries, and typical types of their organizational and legal forms, however, each country has specific features, due to historical, political and other circumstances. Regarding the statistics for the past year, and this year - the data on registration of the creation of legal entities significantly decreased. But this may change if the country's economy changes and appropriate economic reforms take place.

Procedures for Assessing the Conformity of Measuring Instruments — Structure, Design Principles and Approaches to Their Choice

Since January 01, 2016, new legislation in the field of metrology came in force in Ukraine. There have been significant changes in the regulation of metrological activity in accordance with the new Law of Ukraine “On Metrology and Metrological Activity”, which is harmonized with European legislation, in the country. Thus, the new Law lacks such forms of metrological control as state acceptance tests and state control tests, as well as state metrological certification of measuring instruments. Instead of these types of metrological control the conformity assessment system of measuring instruments according to established requirements has been implemented. Therefore, this article considers new approaches of the conformity assessment system of measuring instruments according to established requirements and is a logical continuation of an article published in Metrology and Instruments journal (1 (69), 2018), which considered the basics of development and operating the conformity assessment system of measuring instruments. This article considers some issues related to conformity assessment procedures. Criteria for the selection of modules for the conformity assessment procedure and their description are defined. The existing approaches for selection of conformity assessment procedures of measuring instruments and the cooperation of manufacturers (suppliers) of measuring instruments with designated conformity assessment bodies on the market are given. The article offers practical interest for manufacturers of measuring instruments for the legal regulated sphere.