New Law Of Ukraine Research Articles

The administrative procedure for granting permission by the body of guardianship and guardianship for the execution of transactions with respect to immovable property, the right of ownership of which or the right of use of which the child has

Ensuring the proper administrative procedure and transparency in the activities of the guardianship and guardianship authority regarding the granting of permission to commit acts where the child has the right of ownership and use is one of the main directions of observing the property rights and interests of children in a democratic society and should be guaranteed and protected by the state. In connection with the armed aggression of the Russian Federation and in the conditions of military actions against Ukraine, an acute problem arises of the proper protection of the rights and interests of children in relation to the property in which the child has the right of ownership and use, and the proper control of the body of guardianship and care over their execution and compliance by all authorities and local self-government of the procedure for adopting and granting the appropriate permission for the implementation of the provisions of normative legal acts in compliance with the provisions of the new Law of Ukraine “On Administrative Procedure”. In connection with the adoption of the Law of Ukraine “On Administrative Procedure”, which introduces the institution of interested persons, i.e. another person whose right, freedom or legitimate interest is negatively affected or may be affected by an administrative act (Article 27 of the Law), the issue of obtaining consent arises not only parents and legal representatives of the child to obtain the appropriate permission of the body of guardianship and guardianship regarding the execution of transactions with the property owned and/or used by the child, as well as other co-owners of the given property, whose rights and interests may be violated when the relevant administrative act is adopted. In addition, conflicting issues that are not regulated in the current legislation of Ukraine regarding the refusal and/or suspension of the consideration of an administrative case when the guardianship authority grants permission to commit transactions with property owned and/or used by a child are considered. The article examines the advantages and disadvantages of these norms and the conflicting gaps that exist in the administrative procedure for obtaining the permission of the body of guardianship and care for the execution of transactions regarding real property, the ownership of which or the right to use which the child has.

ПОСИЛЕННЯ РОЛІ ПРЕССЛУЖБ У РЕАЛІЗАЦІЇ КОМУНІКАТИВНОЇ ПОЛІТИКИ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ В УКРАЇНІ

The communicative policy of local self-government bodies in Ukraine began to undergo significant transformations during the years of the global COVID-19 pandemic and actively continued to change already in the conditions of a full-scale Russian-Ukrainian war. External challenges led to a transition from one-sided coverage of information in the «government-citizen» format to a two-way process of interaction, which in some territorial communities reached a more or less stable partnership. Among all the factors that had a significant impact on the mentioned changes, it is worth highlighting the active development of strategies for the development of territorial communities in Ukraine and communication strategies, as their components, and the appearance of press services and press secretaries in the structure of local self-government bodies. The latter replaced divisions and individual specialists, for whom the performance of communicative functions was often far from the main area of responsibility. The main task of the press services of local self-government bodies is to create a friendly attitude of the population towards state, socio-political, economic and other institutions of society (informative and representative functions), as well as functions related to processing information and requests from citizens and monitoring functions public sentiments. However, provided that their ability to influence the implementation of the communication policy of local self-government bodies is strengthened, they can become a full-fledged subject of information policy. The activities of press services of local self-government bodies in Ukraine are regulated by a relatively large number of normative legal acts (from the Constitution of Ukraine to the relatively new Law of Ukraine «On Media»), which together form a solid legal basis for their implementation of the communication policy of local self-government bodies. Attention is drawn to the fact that local normative legal acts can expand the competence of press services and, depending on the specifics of the communication policy of one or another community, supplement their functions. And under the condition of forming a communicative strategy in the community in addition to the development strategy, the list of functions of press services can be supplemented with the following: communicative function, organizational function, ideological function, educational function, monitoring function. The performance of such a wide range of functions requires the press services of local self-government bodies to carefully plan their activities, which is a natural task after the adoption of the community's communication strategy. Such planning can be strategic and ongoing. Strengthening the role of the press service in the implementation of the communication policy of local self-government is ensured by the development of the ability to manage crisis communications, which is one of the priority goals of the communication strategies of all territorial communities of Ukraine without exception, regardless of their distance from the front line. Key steps in crisis management are prevention, preparedness and response, and recovery. An equally important factor in strengthening the communication policy of local self-government is the introduction of measurable indicators of the efficiency and effectiveness of communication. These indicators are conditionally divided into quantitative and qualitative. The role of press services is, on the one hand, to assist in the development of these indicators, and on the other hand, to monitor their implementation. It was concluded that the implementation of modern communication policy is impossible without the effective work of press services of local self-government bodies, which very quickly went from a simple communication link between the authorities and citizens to a subject of information policy. Therefore, the ways outlined in the study to strengthen their ability to implement communication policy have important theoretical and practical significance both for individual local self-government bodies and for the entire system of public administration of Ukraine.

The right to be forgotten in the “global village” paradigm: on the issue of implementation

The advent of the information era in the history of mankind also caused a change in the paradigm of social relations, transforming their format, according to Marshall McLuhan's apt phrase, into a "global village". In this paradigm, the right to be forgotten becomes an important means of protecting a person from uncontrolled dissemination of unwanted information about him. The article reveals the nature of the right to be forgotten and its relationship with the phenomenon of privacy, analyzes the provisions of European legislation and practice. Attention is drawn to the fact that in Ukraine, despite the existing need to have this tool for the protection of personally sensitive information, no legislative algorithm for the effective implementation of the right in question has been developed. It is noted that, from a legal and technical point of view, the implementation of the right to be forgotten is quite difficult, since the recognition of the genetic connection of the state of being forgotten with the right to the inviolability of private life in the “global village” paradigm forces the law enforcer to always seek a reasonable balance between a person's desire to limit access to a certain information and other basic human rights and freedoms (freedom of expression, the right of users to access any form of information, etc.). Given the situation of legal uncertainty, the article concludes that there are two ways to close this gap. The first of them is to speed up work on the adoption of the new Law of Ukraine “On the Protection of Personal Data”, the provisions of which would be devoted, among other things, to practical issues of implementation and protection of the right to be forgotten; the second is to develop a separate regulatory legal act, fully devoted to the analyzed law. At the same time, when working out an appropriate mechanism for the effective implementation of the right to be forgotten, one should take into account those aspects that in practice lead to paradoxical situations in their content, such as: the mismatch of traditional physical borders with the borders of the “global village”, the Streisand effect, the disproportionality of the efforts and the achieved result, the conflict of the person's past with the possibility of their further socialization in society, etc.).

Legal amendments on the reorganization of business entities

Legal amendments on the reorganization of business entities

THE WAR IN UKRAINE AND A SOCIAL POLICY: SOCIAL SERVICES IN UKRAINE UNDER THE CONDITIONS OF MARTIAL LAW

The article concerns the issue of providing social services under martial law in Ukraine.The system of social services in modern Ukraine has a complex organizational structure, the main stages of the genesis and development of the social services system in the years 1991–2023 have been identified and characterized. Particular attention has been given to innovations in the social sphere, caused by the adoption of the new law of Ukraine „On social services”, which entered into force on January 1, 2020. The article defines the specificity of the functioning of the system of providing social services under the conditions of martial law in Ukraine. As a result of the decentralization reform in Ukraine, new territorial communities were created, which are now building their own system of providing social services, considering the needs of various population groups. The analysis of the researched issues has allowed for the identification of basic groups of recipients of social services during the martial law period and groups of children requiring specialized social services.

The mechanism of interaction between subjects of financial monitoring and subjects of implementation of the law enforcement function

The relevance of the study is determined by the need to effectively detect, stop and investigate financial crimes, including money laundering, terrorist financing and other violations. The purpose of the research is to study the peculiarities of the cooperation of financial monitoring subjects and law enforcement agencies in the fight against the financing of terrorism and to determine directions for its improvement in Ukraine. The methodological basis of this research is general scientific and special methods. Such methods as analysis and synthesis, deduction and induction, normative and positive analysis, systematization, structural-logical, statistical were used. The interaction of financial monitoring subjects and law enforcement agencies in the system of combating the financing of international terrorism was studied and the role of the State Financial Monitoring as the main connecting link in the effectiveness of this interaction was determined. In the course of the analysis of the messages received by the State Financial Monitoring Service and the materials transferred by this institution to law enforcement agencies, the factors that influenced their dynamics and structure were identified (a change in the approach to the detection of financial transactions with signs of financial monitoring, introduced by the new Law of Ukraine "On Prevention and Counteraction of Legalization ( money laundering), the financing of terrorism and the financing of the proliferation of weapons of mass destruction", as well as the martial law introduced in Ukraine, the nature of financial transactions and the bodies created and whose functions include the processing of materials for such transactions). Differences regarding the organization of cooperation between the specified subjects in different countries of the world are due to both the general policy in the country and the corresponding nature of the anti-legalization legislation. Mechanisms of cooperation between financial monitoring subjects and law enforcement agencies have been defined, which should include: exchange of experience and training in the form of regular meetings, establishment of online information exchange during joint activities to investigate financial crimes.

The role of national police bodies v preventions and countermeasures for household violence

The article examines whether the National Police, as a public authority, implements special measures to prevent and counter domestic violence, using, if necessary, measures of administrative coercion against offenders. The National Police bodies are directly charged with the duty of detecting facts of domestic violence, with subsequent response to them. An important aspect of improving the performance of the National Police is to establish trust with the affected families, who are afraid to come forward about the facts of domestic violence due to fear of condemnation from society. The authorities of the National Police also carry out preventive activities, together with the public, to provide the society with relevant information on the prevention and counteraction of domestic violence.
 The problem of domestic violence is not new, it has existed since the beginning of humanity, since the beginning of communities and concepts of family customs. But the fact that today some countries have learned to adequately deal with this problem, and some are simply silent about it, does not mean that the problem does not exist at all. The adoption of the new Law of Ukraine “On Prevention and Combating Domestic Violence” in 2018 is a significant change for the better, but for it to work fully, a lot of effort from the entire population of the country must be made. The legal basis of the National Police’s activity in this area is the normative legal acts in the field of prevention and counteraction of domestic violence - officially formalized results of the subject’s will in the field of prevention and counteraction of domestic violence, carried out unilaterally and entailing legal consequences.
 The following are the authorized divisions of the National Police bodies for the prevention and counteraction of domestic violence:
 
 precinct police officers and community police officers;
 juvenile prevention police officers;
 patrol police units and patrol police response groups;
 investigation and inquiry units;
 domestic violence counteraction sectors and mobile response groups to incidents of domestic violence.

Die Prinzipien des neuen Verwaltungsverfahrensgesetzes der Ukraine

The new law of Ukraine on administrative procedures came into force 2023 after a long period of work on several draft laws. The discussions during the drafting period show, how the understanding of the importance of administrative procedures for the realisation of rights guaranteed by the Constitution grew over the years. Thus, in the law the principles of the administrative procedure are listed in article 4 and defined and concretized in the law. The law shows the influence of similar laws of EU MS and of the decisions of the European Court of Human Rights. The Europeization of Ukrainian administrative law cannot be disputed. Due to the fact that the law is very new, no decisions of the Supreme Court exist. But the decisions of the Court in the past show, that the mentioned decisions of the ECHR influenced the practice of the Supreme Court and thus, the Court implemented the principles, listed now in the law, already via his authority in Ukrainian administrative law. Therefore, the law will play a major role as the basic law on administrative procedure as it is more than a principle and not a collection of the Court’s decisions but a systematic regulation of the administrative procedure in Ukraine, influencing special administrative procedures in other laws.

Legal transformation of corporate governance in joint-stock companies

The article is devoted to the study of certain novelties in the legal regulation of the order of interaction of management bodies in joint-stock companies. The article emphasizes that choosing the optimal model of corporate governance is important for the effective functioning of joint­stock companies. The article provides examples of various well-known models of corporate governance in the world. Each of them has its advantages and disadvantages. The article emphasizes the fact that for a long time in Ukraine, legislation provided for only a two-level system of corporate governance, which provided for the simultaneous functioning of the supervisory board and the executive body (board or director). In an effort to become a member of the European Union, Ukraine undertook to adapt its national legislation to legal standards acceptable in the EU, in particular in the area of corporate governance. Therefore, in 2023, the new Law of Ukraine "On Joint-Stock Companies” entered into force, the provisions of which, in particular, established, along with the two-level model of corporate governance, an alternative option - a one-level model. This model, in contrast to the two-level model, provides for the creation of a board of directors as a single body of operational management of a joint-stock company, which combines both the representative functions of shareholders and the functions inherent in the executive body of a joint-stock company
 The article examines the provisions of the Law of Ukraine "On Joint Stock Companies”, which provide for the legal status of the board of directors. The conditions and procedure for the formation of the board of directors were analyzed, and the specifics of the activity of this management body were determined. At the same time, when examining the legal status of the supervisory board, attention was drawn to the identity of the provisions of the current Law of Ukraine "On Joint Stock Companies” with the provisions of the previous law, which has already lost its validity.
 The conclusions emphasize that the Law of Ukraine "On Joint-Stock Companies” adopted in 2022 significantly changed corporate governance in terms of the introduction of an additional one- level model of corporate governance, thereby bringing the norms of national legislation closer to EU standards.

Compulsory sale of shares by shareholders at the request of a person (or persons acting jointly) who owns a controlling package of shares (squeeze-out): amendments in legal regulation

This article is dedicated to the analysis of legislative amendments in the procedure for the compulsory sale of shares by shareholders at the request of a person (or persons acting jointly) who owns a controlling package of shares (the «squeeze-out» procedure). It is argued that due to the adoption of the new Law of Ukraine «On Joint Stock Companies,» the legal regulation of the studied procedure has not undergone significant changes. However, it is emphasized that the newly adopted act has detailed certain procedural aspects and introduced the concept of a competing demand.
 It has been established that in accordance with the new requirements of the Law of Ukraine «On Joint Stock Companies» of 2022, a public irrevocable demand for the purchase of shares from all shareholders must include information about the bank where the applicant for such a demand obtained a banking guarantee for the performance of its financial obligations under Article 95 of this Law, as well as information about the material terms of such guarantee. It is argued that the absence of more detailed provisions specifying the requirements for such a banking guarantee could lead to various violations of this provision.
 The article analyzes the innovations of the Law of Ukraine «On Joint Stock Companies» of 2022 regarding the right to submit a competing demand. Shareholders who have received a public irrevocable demand in accordance with Part 10 of Article 95 of this Law are endowed with this right. At the same time, when exercising the right to submit a competing demand, shareholders (or shareholders acting jointly) are obliged to adhere to the provisions regarding the price of the compulsory sale of shares provided in the competing demand. This price must be at least 5 percent higher than the price stated in the public irrevocable demand or in a previously submitted competing demand.
 The article examines the provisions concerning the use of the escrow agreement mechanism within the «squeeze-out» procedure. It is demonstrated that in the legislation of Ukraine, the period for the release of funds from such an account to the benefit of shareholders, their successors, or other persons entitled to receive funds, has been extended.

Problematic issues of administrative appeal of decisions of the State Tax Service of Ukraine

Promoting the use of administrative appeals is one of the tasks of the state, which is consistent with the recommendations of the Committee of Ministers of the Council of Europe. The legislation guarantees the possibility of an administrative appeal against the decisions of control bodies. The institution of administrative appeal in this legal relationship is based on presumptions of illegality of the contested decision; tacit agreement of the controlling body with the arguments and demands of the complainant after the expiry of the deadline for consideration of the complaint; interpretation of legal norms in favor of the payer in case of their multiple interpretation.
 The deadlines for filing a complaint differ depending on the type of contested decision. At the same time, there is a need to unify the time limits for filing a complaint, and to increase the duration of the time limits, which are currently excessively short. The procedure for calculating the terms of a court appeal in the event that a taxpayer has filed a complaint with a missed administrative appeal period, along with a request to renew the term, needs to be settled. The issue of encouraging payers to use the administrative appeal procedure by eliminating the disparity in the length of the court appeal period, depending on the use of the administrative appeal, requires further discussion.
 There is a gap in the legislation, which renders the right of the VAT payer to administratively appeal the decision on compliance with his riskiness criteria devoid of practical meaning. There is an urgent need to establish a procedure for appealing such decisions.
 The existing procedure for administrative appeal of decisions to the State Tax Service of Ukraine needs improvement from the point of view of increasing procedural guarantees and compliance with the principle of binding court decisions and legal opinions of the Supreme Court. It is also necessary to bring the appeal procedure in line with the new Law of Ukraine “On Administrative Procedure”.

Problems of Introducing a Differentiated Approach to "Old" and "New" Minorities in Ukraine

The relevance of the article is due to the reform of the legislative framework on national minorities in Ukraine, which is conditioned by European integration. The purpose of the article is to reveal the problems of identifying persons belonging to "old" minorities in Ukraine and discrimination against "new" minorities. In the course of the research, the author used the dialectical method, logical methods of analysis, synthesis, abstraction, comparative research method, forecasting method, and formal legal method. The author analyzes the provisions of the old inclusive Law of Ukraine "On National Minorities in Ukraine", the new exclusive Law of Ukraine "On National Minorities (Communities) of Ukraine", and some international treaties of Ukraine. The author identifies the problems related to the consolidation of the feature of traditional residence on the territory of Ukraine. The author analyzes the legal status of "new" minorities. It is concluded that the adoption of the new Law of Ukraine "On National Minorities (Communities) of Ukraine" has led to the introduction of a differentiated approach to "old" and "new" minorities in Ukraine, but the shortcomings of this Law make it impossible to determine which national minorities belong to the "old" ones. It is emphasized that the "new" minorities have been discriminated against due to the deprivation of their legal status as national minorities (communities) of Ukraine and equalization with the majority. Recommendations are made to address the identified shortcomings by removing from the concept of "national minority (community) of Ukraine" the feature of traditional residence on the territory of Ukraine and defining precise and clear features of settlements where persons belonging to national minorities (communities) traditionally reside or where they constitute a significant part of the population.

Photography as an object of copyright

Copyright, the norms of which regulate relations that arise in connection with the creation and use of works of science and art. Copyright is an important component of the universal system of human rights, copyright is one of the essential guarantors of intellectual creativity, self-affirmation and dignity of every person. From whatever side copyright is analyzed, its purpose is to protect the interests of the creator of works and the interests of society. A photo can be created not only by a professional photographer, but also by any other individual. This is where the opportunity enshrined in the law to realize their creative abilities of each member of society is manifested.This article deals with issues related to a special object of copyright - photography. With the adoption of the new Law of Ukraine «On Copyright and Related Rights», the approach to understanding photography has changed. This is connected with the legal definition of the concept of a work and its features. Signs of originality and objective form are highlighted. Moreover, the legislator clearly defines which photographs should be attributed to objects of copyright, and which photographs are not subject to legal protection. This approach will greatly facilitate the resolution of issues related to the establishment of which photographs are subject to copyright. The Law of Ukraine «On Copyright and Related Rights» clearly states that photographic works are subject to legal protection. Based on the legislative definition of a work as an object of copyright, we can conclude that only original photographs are subject to legal protection. Moreover, paragraph 8 of Art. 8 of the Law of Ukraine «On Copyright and Related Rights» clearly defines that photographs that do not have a sign of originality are not photographic works. An analysis of some foreign judgments regarding the legal nature of photography makes it possible to conclude that a photograph is considered as an object of copyright if there are signs inherent in the work. he study conducted in this article confirms the correctness of the legislative understanding of photography as an object of copyright.

Copyrights for official works created by scientific and pedagogical workers

The article is devoted to the research of regulatory approaches regarding the copyright of scientific and pedagogical workers on official works in connection with the adoption of the new Law of Ukraine «On Copyright and Related Rights» on December 1, 2022. In the work, a comparative analysis of the definition of the concept of «official work» under current legislation with the legislation that was in force until January 1, 2023 was carried out, it was determined which works created by scientific and pedagogical workers are subject to the legal regime of official work.It has been established that the current legislation enshrines the presumption of ownership of property rights of a higher education institution for an official work created by a scientific and pedagogical employee. If there is no provision for changing this presumption in the employment contract (contract), then this can be done by concluding a civil law contract, the parties of which are the institution of higher education and the scientific and pedagogical worker. A conclusion was made about the need to supplement the employment contract (contract) with a condition regarding the property rights of the scientific and pedagogical worker to official works. Attention is drawn to the fact that today the subject of copyright can use the sign of legal protection (©) only to indicate his property rights. The conducted research does not exhaust all problematic aspects of the research topic. We see the prospect of its further study in solving questions, related to the implementation of copyright in this area.

ON SOME ASPECTS OF FORENSIC EXAMINATION (EXPERT RESEARCH) OF OBJECTS OF COPYRIGHT: ISSUES OF IMPLEMENTATION IN NATIONAL LEGISLATION OF THE CONCEPTS OF «ORIGINALITY» AND «OBJECTIVE FORM» OF THE WORK AND EUROPEAN INTEGRATION PROCESSES

The article deals with the generalization of approaches to conducting forensic examinations (expert research) in the field of intellectual property, in particular, objects of copyright, which are the results of human creative activity in the fields of scientific, musical and artistic creativity. Attention is paid to the object of legal protection in copyright law – the «form» of the work. The author analyzed the norms of international law and national legislation, which establish the legal protection of copyright objects, and identified conflicts between the norms of the Civil Code of Ukraine and the new Law of Ukraine «On Copyright and Related Rights», in particular, regarding the definition of the criteria for the protective capacity of copyright objects, as well as the form of expression of the work and the time of occurrence of the copyright. The amendments to the national legislation, introduced the concept of «work» and types of works, as well as the concepts of «originality» and «objective form» of the expression of a work, the time (moment) of the creation it was investigated. It was established that the specified changes in the national legislation had a certain impact on the concept of the legal protection of copyright objects. The issue of the legal protection of copyright objects, which should be taken into account by forensic experts during forensic examinations (expert studies), is summarized. Recommendations have been formulated for posing questions to court experts during the appointment of a forensic examination (ordering expert research) in the field of copyright.

Aspects of ensuring the rights of shareholders in the process of activities of joint-stock companies

The article is devoted to the study of certain aspects of ensuring the rights of shareholders in the process of conducting contractual work by a joint-stock company. The article emphasizes that a joint-stock company can enter into various contracts to ensure the conduct of its business activities. Depending on the subject and price of the contract, as well as taking into account the conditions of concluding the contract, the legislator separately defines contracts that can be qualified as significant contracts and contracts with interest. The conclusion of the specified contracts by a joint-stock company, taking into account the essence of the concept of corporate rights, can directly affect the conditions for shareholders to exercise the right to receive dividends and/or part of the company's property in proportion to their share in the authorized capital during the liquidation of the joint-stock company. Therefore, it is an important issue to ensure the rights of shareholders in the process of concluding significant contracts and contracts with interests by joint-stock companies. The article analyzes the current legislation of Ukraine on the issue of contracts by joint-stock companies. It is noted that the norms of the new Law of Ukraine "On Joint Stock Companies", which entered into force on January 1, 2023, provide for a slightly new approach to the essence of the concepts of a significant contract and a contract with an interest and the procedure for their conclusion.
 The article emphasizes that depending on such essential conditions as the subject of the contract and its price, some of the contracts should be classified as significant. As for the contract with an interest, the determining factor for such qualification is the person of the counterparty of such a company, which can be, for example, an official of the joint-stock company itself or another person who is related to an official of the company. Therefore, the provisions of the current legislation of Ukraine define the procedure for agreeing to conclude such contracts in order to prevent negative consequences that may occur when the joint-stock company fulfills its obligations under the specified contracts.
 The conclusions emphasize the need for further improvement of the mechanism of application of the current legislation of Ukraine in practice to ensure reliable security of the joint-stock company and protection of shareholders' rights.

Joint stock company’s transactions not endowed with a features of significant transaction

The article is devoted to the analysis of certain aspects of the execution of transactions by a joint-stock company. The Law of Ukraine "On Joint Stock Companies" establishes the concept of a significant transaction, describes the procedure for granting consent by the authorized management body of the company to the execution of such a transaction. At the same time, this act establishes a list of cases to which the provisions of the Law on Significant Transactions do not apply. The research substantiates that with the adoption of the new Law of Ukraine "On Joint Stock Companies" in July 2022, the list of relevant transactions has been expanded.
 It was established that these are: transactions at state-regulated prices and tariffs in accordance with legislation; transactions committed by a person conducting clearing activities while performing the functions of a central counterparty; transactions within the framework of the ordinary economic activity of the company, provided that they are carried out on market terms; transactions regarding the company's redemption of securities placed by it; agreement of company in which 100 percent of the shares belong to one person.
 The expediency of including in the above list of transactions those that are carried out at regulated prices and tariffs, approved by local self-government bodies in accordance with the legislation, is substantiated.
 The inclusion in the relevant list of transactions within the framework of the company's ordinary economic activity, provided they are performed on market terms, is supported. Emphasis is placed on the ambiguity of the legal requirement regarding the approval by decision of the supervisory board or the board of directors of a joint-stock company of the conditions for conducting the relevant activity.
 It is substantiated that in a joint-stock company, 100 percent of whose shares belong to one person, compliance with the procedure for granting consent to commit significant transactions is, as a general rule, impractical. At the same time, it is argued that in such joint-stock company, limiting director’s powers to commit significant transactions may be necessary when the director is involved on a contractual basis. In order to prevent abuse of the relevant official, it is proposed to amend Art. 106 of the Law of Ukraine "On joint-stock companies", which would allow the execution of transactions by a company, 100 percent of whose shares belong to one person, without complying with the requirements of the law regarding obtaining consent for this by the authorized body of the company, provided that this is established in the charter of such a company.

ЗАХИСТ АВТОРСЬКИХ/СУМІЖНИХ ПРАВ У РАЗІ СТВОРЕННЯ ЗАГРОЗИ ЇХ ПОРУШЕННЯ: ТЕОРЕТИКО-ПРИКЛАДНІ ПИТАННЯ

With the entry into force of the new Law of Ukraine "On Copyright and Related Rights", the legal regulation of the protection of copyright/related rights has been significantly updated. The theoretical and applied problems of protection of copyright/related rights in the event of a threat of their violation are investigated. In the 1993 Law "On Copyright and Related Rights", committing actions that create a threat of infringement of copyright/related rights was also recognized as one of the types of their violation, without specifying such actions. Unlike the 1993 Law, the new Law defines actions that create a threat of violation of personal non-property and property copyright and related rights. These include, in particular: 1) distribution, importation into the customs territory of Ukraine of technical devices, equipment, which includes a computer program and provides access to the objects of copyright and/or objects of related rights without the permission of the relevant subjects of copyright rights or subjects of related rights (including when the computer program, applications and supplements to it, technologies or technical devices use signals of other Internet resources); 2) setting up a computer program, applications, supplements to them, technologies, technical devices that provide access to objects of copyright and/or objects of related rights without the permission of the relevant subjects of copyright or subjects of related rights such objects (including when a computer program, applications and supplements to it, technologies or technical devices use signals from other Internet resources); 3) provision of instructions on setting up a computer program, applications and supplements to it, technologies, technical devices to gain access to copyright objects and/or objects of related rights without the permission of the relevant copyright subjects or subjects related rights of such objects in any form for the purpose of receiving remuneration from the provision of such instructions. The conditions of civil liability in the event of a threat of infringement of copyright/related rights are studied. The ground for civil liability is the offense as a legal entity. The conditions for civil liability are the following: illegality of the act; damage; causal connection between illegal acts and damage; fault. In the event of a threat of violation of the rights of their subject, no harm occurs. However, the requirement to remove the threat of infringement is inherently a way to protect copyright/related rights. It is worth rethinking traditional approaches to understanding the conditions of civil liability. This may arise and appropriate means of responsibility should be applied not only in the case of committing an offense as a fact of real reality, but also in the event of creating a threat of violation of the law. This is a feature of civil liability, a manifestation of its preventive function. On a practical level, there may be problems in proving a direct causal link between actions and a real threat to copyright/related rights.

Object of Related Rights of Broadcasting Organizations

The article is devoted to the characteristics of the object of related rights of a broadcasting organization. The subject matter of the study is the legal regulation of this object in the Laws of Ukraine “On Television and Radio Broadcasting”, “On Copyright and Related Rights” of 1993, and the Civil Code of Ukraine whose provisions contained conflicts for a long time, and the Law of Ukraine “On Copyright and Related Rights” of 2022. The purpose of the article is to provide a comprehensive characterization of the broadcasting organization program as an object of related rights and to determine its relationship with the separate show of the broadcasting organization. The study was conducted using historical, comparative legal, formal legal, dialectical and logical methods. It is substantiated that a separate show, in case of a creative contribution to its creation, is an oral work (radio show) or an audiovisual work (television show) capable of copyright protection. Related rights of broadcasting organizations extend to a set of shows and other materials combined in the program but not to individual components of this program. This approach is also reflected in the provisions of the new Law of Ukraine “On Copyright and Related Rights” of 2022. It is determined that the program of broadcasting organization is not identical to a composite work since its legal protection covers the result of not creative selection and arrangement of certain materials but organizational and technical efforts to compose certain objects into a complete program.

СТРАХОВИЙ РИНОК УКРАЇНИ У ПЕРІОД ДІЇ ВОЄННОГО СТАНУ: ФІНАНСОВИЙ ТА МАРКЕТИНГОВИЙ АСПЕКТИ

The article focuses on the study of modern development trends of the insurance market of Ukraine with an emphasis on the period of martial law. The content of the concept of "insurance market" has been identified and approaches to the interpretation of its essence have been systematized. Theregula-tory basis for the regulation of the insurance market has been developed, in particular, the new Law of Ukraine "On Insurance". A new model of regulation of the NBU has been studied, taking into account the provisions of the European Union directives, the International Principles of the IAIS, and the best international practices. The main requirements of the NBU for the activities of insurance companies and the priority areas of supervision during the period of martial law have been systematized.An analysis of the state and trends in the development of the insurance market has been carried out, in particular: the number of insurance companies and registered insurance contracts, the structure of gross receipts of insurance payments (premiums, contributions), the dynamics of insurance premiums and insurance payments, as well as the costs of marketing insurers. It has been found that in the condi-tions of martial law, the approaches to analysis and the informativeness of the main indicators are being transformed. Indicators of operational activity, marketing costs, the level of capitalization of insurers (that is, the amount of own funds and insurance reserves) are particularly informative in determining market stability. The insurance market experienced the biggest decline at the end of the 1st quarter of 2022. Already by the end of 2022, insurance companies were able to adapt to new operating conditions and the situation stabilized. The main directions of changes in the marketing strategy of insurance com-panies have been determined.The challenges faced by the insurance market during the period of martial law (strengthening of regulatory requirements, coverage of war losses, fulfillment of obligations under voluntary health in-surance contracts, the NBU increased the amount of insurance sums under CMTPLI contracts, insur-ance for Ukrainians who went abroad, difficulties in planning further actions) have been systematized. Attention has been focused on finding ways to neutralize them, as well as on the creation of a compre-hensive system of insurance of military and political risks due to the creation of a special compensation fund or a pool at the state level with the involvement of funds from donors and insurers, including on the basis of public-private partnership.