The article considers legal principles of regulation for relations of guardianship, care and adoption in international family law, the regulation of these forms of arranging children in law and their interpretation in the legal doctrine of certain foreign states, the definition of features and peculiarities of these concepts, the definition of relations in this field, as well as formulation of conclusions and proposals aimed at harmonization of national legislation with the law of leading foreign states.
Legal grounds for the regulation of the relations of guardianship, care and adoption in the legislation of some foreign countries shows that there are different legislative approaches to the regulation of such forms of placement of children. Historical, religious, national factors, elements of tradition and culture – all these factors significantly affect the substantive content of the essential traits of care, and adoption in different countries.
At the same time, the basic provisions of such institutions are unchanged – both guardianship and adoption are intended to promote the upbringing and development of the child, to guarantee the exercise of their rights and legitimate interests, to ensure their care and custody.
Custody relations are regulated both on the basis of conflict law rules and in accordance with substantive rules of private international law. For example, in Ukraine the establishment and cancellation of custody of minors, disable persons are regulated by the personal law of the ward. The obligation of the guardian to accept guardianship is determined by the personal law of the person appointed by the guardian. The relationship between the guardian and the person under guardianship is determined by the law of the state the body of which appointed the guardian.
The regulation of relations for international adoption is subject to conflict of law rules. In Ukraine, adoption and its abolition are governed by the child's personal law and by the adopter's personal law. A person's ability to be an adopter is determined in accordance with his or her personal law. The legal consequences of adoption or termination are determined by the personal law of the adopter. One of the areas of state activity regarding adoption should be effective monitoring and control over the processes of adoption including the participation of foreign entities as well as the further upbringing, care and observance of the rights and interests of children who have been adopted by foreigners.
The role of higher education institutions in the world is growing in ensuring socio-economic development that is the result of the transition to the paradigm of knowledge economy in the most developed countries. Started in 2014, the reform of higher education system in Ukraine must, among other things, include ensuring the implementation of national intellectual capital through technologies transfer. The relevance of the article is predetermined by the need for a comprehensive approach to the preparation of plans for reforms in the period of global competition for knowledge as the main resource for development. The purpose of writing the article is substantiation of the recommendations on the most urgent aspects of the development of technology transfer in Ukraine on the basis of generalization of foreign experience and the analysis of domestic realities. To achieve the objective we identified the following tasks: to generalize theoretical principles of TT; to identify the world leaders of the TT and their peculiarities; to explore the characteristics of the development of TT in developing countries; to study the current status of TT in Ukraine. The article substantiates that the establishment of the developed innovative economy in which the activity of the TT is an important factor, as a rule, takes a long time. Results of the study showed that the lack of efficient activity of TT is often due to the fact that this activity is viewed separately from the more complex issue of knowledge management in all forms, in particular as a mandatory stage of R & D. The lack of implementation of the competence–based model in domestic Universities, research centers, businesses and state and local governments leads to the fact that the activities of TT do not have any mentioning of entrepreneurial, marketing competences. Their lack, in turn, causes low efficiency of TT activities. In the developed countries, the growth of the commercial activity of the Universities and research centers came as a result of evolutionary demands of society regarding the efficiency of investments in science and education. In the developing countries, such as Ukraine, the desire of commercial aspect in the development of the commercial aspect of TT is considered in terms of the impossibility of providing sufficient and stable funding, lack of financial mechanisms of accumulation of the results of successful TT. Under such circumstances, the really concerned are exclusively the employees of Universities and research centers themselves, the interests of whom are detached from other stakeholders' intentions, the unity of whom is substantiated in the triple helix concept. The effectiveness of efforts with regard to TT is limited by the lack of opportunities of accumulation of financial results from the commercialization of OÌV in domestic Universities. Received financial results often are allocated on current activities because of insufficient, falling financing from traditional sources. The means of the state budget must remain the main traditional source, but in this case engaging other sources must be supported. The negative dynamics of spending state funds on research and educational activities is predetermined by various factors, among which is insufficient disclosure of the recipients from the state funds of the reports about the results and the analysis of the efficiency of their spending. Lack of publicity, lack of transparency may testify to the privatization of the results of the activities by individual subjects or to a significant corruption component in their activities. At the same time, lack of publicity can indicate a low level of public accountability of the results and inability to take responsibility for certain risks. The lack of information about created effects, including multiplying, from the implementation of OÌV and technologies provides prerequisites for the relative "victories" in the competition for budget funds in other areas. Introduction of the competence–based model, in particular entrepreneurial and marketing competencies, into the activities of TT of national institutions should improve their efficiency in the medium term to the level of the developed countries. Taking into account the obtained findings during the development of the reform of the system of education and science will increase their level of international competitiveness and the level of efficiency of investments in this field, which will have comprehensive positive impact on national prosperity. Scientific novelty of the work is proven by: substantiating of the implementation of long–term strategies to increase competitiveness of universities and research centers as key institutions in the generation and transfer of knowledge; detecting the insufficiency of entrepreneurial, marketing and other competences in the development policy of the University offices of technology transfer; substantiation of the necessity of implementation of societal requirements concerning accountability of universities and research centers for disclosure of the efficiency of spending tax payers' money and their contribution to socio-economic development of the regions and the country. There remains a wide range of issues, the study of which my reflected in further work. In particular, we believe relevant: 1) justification of a scorecard measuring all aspects of TT; 2) study of the formation of professional networks in the field of TT; 3) substantiation of the system of motivation and efficiency of cooperation of all involved players; 4) methodological work with the patent policies of the universities and their convergence with scientific and research institutions; 5) building a culture of public accountability of institutions of scientific and educational spheres as recipients of the taxpayers' funds.
Under conditions of global intellectualization of technology, information–communication and transport infrastructures are closely connected to the utilization of intellectual and creative capabilities of human resources. It is an appropriate and relevant question to address the optimization in regulating the international movement of human resources and to define economic instruments to stimulate the development of intellectual resource of Ukraine. The goal of present work is a theoretical substantiation of recommendations concerning the regulation of international movement of human resources in Ukraine and economic instruments for the development of intellectual resource of the state under conditions of global intellectualization. In the research, we applied general scientific and special research methods: induction, deduction, method of imaginary experiment and substantiation, theoretical generalization. A conclusion was drawn on that the strategic direction of economic policy in the development of intellectual resource in Ukraine should be a state-led regulation of international movement of human resources in all their forms, namely, migration, tourism, transit-professional relocations and virtual international movement. Development of intellectual resources of Ukraine depends on economic instruments, among which we consider it appropriate to highlight: state monitoring over the processes in international movement, intellectual property protection, motivation of development of domestic human resources, the intensification of international cooperation, promotion of intellectual immigration and re-emigration. The scientific novelty of present research is the substantiation of recommendations related to the regulation of international movement of human resources and the determination of basic tools for development of intellectual resource in Ukraine. A practical value of the research consists in the fact that the results obtained might be used by state bodies to improve effectiveness of the legal base and protection of intellectual resources of Ukraine at the national and local levels. In future, further research can be directed towards the conceptualization of state economic policy in the regulation of international movement of human resources of Ukraine; to study experience of the world leading countries on retaining intellectual resource.
The appeal of the international commercial arbitration awards is a major issue in the dispute settlement mechanism for arbitration governed by multilateral conventions, bilateral treaties and national laws, as well as by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Notwithstanding the importance of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, it restricts to a certain extent the scope of legal protection of arbitral awards, as it leaves national courts to challenge them by the way of possible annulment, and national courts when considering petitions for annulment decisions are vested in the power to revoke such decisions. In this respect, the resolution of these issues may raise the issue of the correlation between the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and domestic legislation of the countries in which the relevant decision may be challenged. The specific of the international commercial arbitration decision is that it cannot be appealed to any higher court. However, the absence of any form of control over the arbitral award could lead to the enforcement of such decisions, which, if rendered within the judicial system, would be overturned or modified by a higher court. Therefore, there is an institution for challenging arbitral awards in national courts. Due to the fact that the arbitration award is a form of control by national courts, the regulation of this institution is defined in the legislation of each individual country, and at the international legal level only certain aspects are regulated. These are the European Convention of 1961 and the New York Convention of 1958.
Constitutionally guaranteed validity of international treaties, ratified by the Verkhovna Rada of Ukraine and the fact that they are appeared to be a part of national legislation determines the relevance of international legal approaches in the development of national environmental legislation. The article analyses the international environmental monitoring regulations in order to implement their provisions into Ukrainian environmental legislation. The authors propose the new ways of the environmental science development and amendments to the national legal regulations in the field of environmental monitoring.
The article investigates European approaches to legal regulation of relations on the implementation of environmental monitoring in order to adapt national environmental legislation to the legislation of the European Union and to eliminate deficiencies and gaps. The purpose of this article is to study the legal nature of environmental monitoring with the help of sources of international environmental law and environmental law of the European Union, cooperation of the countries of the world with the participation of Ukraine.
The objective of this article is making proposals regarding the consideration of European legal and international approaches to the regulation of relations on the implementation of environmental monitoring in the current legislation of Ukraine. In order to improve legal regulation of environmental monitoring in Ukraine, it is suggested to support the adoption of the Law of Ukraine on Environmental Monitoring; to eliminate the fragmentation in the creation of subordinate regulatory mechanism for of environmental monitoring; to continue the research in the field of international environmental law implementation, taking into account European approaches. The methodological basis of the study comprises general scientific and special cognitive methods: formal-logical and logical-semantic methods, a method of system analysis and a method of interpretation of legal norms are used. These methods application contributes d to substantiating proposals for improving the provisions of the current Ukrainian legislation in the field under study.
This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards.
At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award.
Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision.
In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.
Since the great historical event - the proclamation of the Act of Independence of Ukraine, the country has been expanding international cooperation in librarianship. The main areas of international cooperation, which is a priority in research institutions in the library business, are: conducting joint research; organization of international conferences, symposia, congresses and other events. Scientific conferences are one of the forms of dissemination of new information. In the modern information space, scientific institutions play an essential role in developing science, education and culture. Therefore, when evaluating a scientific institution, the number of international scientific and practical seminars, conferences, other events organized by the scientific institution, and materials (including collections of abstracts) of conferences are considered.Among the research institutions of Ukraine, which study the problems of library science, bibliography, bibliology, source studies, document science, archival science, biography, codicology and discography, history of book culture, computer science, social communications, the leading position is held by the most extensive library of Ukraine - the National Library of Ukraine, named after V. I. Vernadsky. Furthermore, the article analyzes the specifics of the organization of scientific conferences in a scientific institution, studies the directions and thematic content of such events, forms of conduct, their frequency during 1991-2021.
The situation in Ukraine concerns the international community since January 2014 and remains a central issue in legal and political science researches. The United Nations Security Council (UN) was not only unable to prevent the conflict but also to take any possible steps to resolve it. As a result, a number of regional European organizations have been involved in the crisis in eastern Ukraine. The article discusses the mechanisms of activity of key European structures and organizations which aim at preventing, mitigating and resolving the conflict in Ukraine. The specifics of the methods used by each organization are determined, the success of their activities is evaluated, and the ways of increasing their effectiveness and involvement in resolving the Russian-Ukrainian conflict are suggested. The international response of the European community to the conflict in Crimea and eastern Ukraine has been investigated. The approaches, activities and efforts of the OSCE, the EU and the Council of Europe to address the conflict are reviewed. As the crisis in Ukraine deepened, the tasks of the OSCE Monitoring Mission included the following: facilitating access of international experts to the MH17 crash place, monitoring the implementation of Minsk agreements, facilitating the dialogue on local level to achieve a temporary ceasefire, participating in humanitarian sector coordination groups, ongoing supplying with the information regional, national and international media on the current state of conflict. Accordingly, the situation should not be confined solely to the conflict between Ukraine and Russia, as it poses a threat not only to the territorial integrity of Ukraine but also to security in Europe, so the activities of international organizations should be assessed comprehensively with a focus on the need for international law to be respected by all parties concerned.
The review evaluates the content of the monography. It has been concluded that the idea of the monograph is relevant since the rules of international treaties of Ukraine (namely, bilateral agreements on legal assistance) and the Law of Ukraine on Private International Law (hereinafter: PILA) contain some gaps and uncertain provisions regarding international succession law issues which need to be filled or revised respectively. We support the author's suggestion to make such amendments taking into consideration Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as, the EU Private International Law doctrine and solutions to international succession law issues in national law of some the EU Member States. The book consists of 15 chapters which focus on the determination of international jurisdiction in succession matters; determination of the law applicable to succession relations with a foreign element; recognition and enforcement of foreign decisions in succession matters; acceptance of authentic documents created abroad. Many author's ideas seem appropriate. They include the suggestions to determine the scope of law applicable to the succession in PILA; to amend the conflict of laws rules applicable to the form of wills; to include in PILA conflict of laws rules regarding succession agreements; to amend some rules of Civil Procedural Code of Ukraine applicable to recognition and enforcement of foreign decisions in civil matters and others. It was concluded that the monograph would useful f
The article reveals the legal nature of the principle of openness and transparency of a trial and the enforcement of judgments as an integral part of the concept of a person's right to a fair trial. The purpose of our study is to find out the main approaches to the openness and transparency of the enforcement of judgments in the light of international and European standards, such as the laws of England and Wales, the US and EU law. For our comparative study, the United States Federal Rules of Civil Procedure and Civil Procedure Rules of England and Wales have been selected in view of the need to study the world's best practices. The European legislation governing the provisions of the European Enforcement Order and the European Order for Payment and European Small Claims Procedure, are among the objects of our study. Provisions on common minimum stand- ards for civil procedure in the EU, which are in the process of legislative implementation, are examined as examples of the standards of openness and transparency of justice and enforcement of judgments in the EU. They are also among the sources of our study on, transparency and openness in the administration of justice and the enforcement of judgments.
In this article the terminological problems of translation of the terms "public hearing", "open court", "open trial" and others relative terms are analyzed in depth, based on their legal content and essence.
As a result of the research, the concept of open enforcement of court decisions as an integral part of court proceedings is proposed to imple- ment, in particular, by introducing the institution of review of court decisions and other documents subject to publication in accordance with the procedure established by law, attorneys or agents affairs.
In: Medzinárodné otázky: časopis pre medzinárodné vzt'ahy, medzinárodné právo, diplomaciu, hospodárstvo a kultúru = International issues = Questions internationales, Volume 7, Issue 1-2, p. 3-54
Each State manifests its life's interest to participate actively at internation relations. The United Nations Charter, especially its Articles 1 and 2 - Purposes and Principles, must be considered as the necessary foundation for recent international relations. These articles of the Charter of the United Nations establish universally reorganized principles and norms regulating international intercourse of States of the Family of Nations at the end of XX. as well as at the beginning of XXI. centuries. There are some differences as for the creation of the such rule of behaviours and its implementing into the life of international community. The international life is more complicated development of many various events, situations and controversies in the international arena. Such are facts that we should take into our analysis of international relations. The theories on international relations try to give answers on the issues. We underline the importance of international law 5 theory among them. + The Diplomacy is another very important tool in resolving controversies among the States of the contemporary international community. We differ the bilateral diplomacy from the multilateral one. The usual subjects of both diplomacies are the States as well as international organizations. The main sources of the diplomacy should be international law and its branch - the diplomatic law, the international diplomatic law. Whose the main sources are Vienna conventions on diplomatic and consular intercourses. Further, the author tries to clarify the functions of diplomacy in the light of these conventions, especially, besides other the immunities and privileges of the diplomats. By multilateral diplomacy, the author understands the diplomacy implemented by the international organizations and their organs. He differs so-called classic international oragnization based on the principle of the sovereign equality of all its members (UNO) from that of integrated structure (EU). The Slovak Republic is a young state and therefore its diplomacy faces many complicated situations after its entry in the international relations. As a new subject of international community Slovakia tries to be active in all fields of international life. The Slovak can fulfill their functions of the Slovak diplomacy at their best. (SOI : MO: S. 305)
The study's purpose is to critically analyse approaches to international communi- cation in the global environment and clarify the specifics of processes that char- acterize the asymmetry of foreign-policy communication because the contem- porary communication tools allow forming both a positive perception of foreign policy initiatives and a negative attitude of politicians or the world community toward foreign-policy actions. As a result, the research focuses on studying the transformation of the EU foreign-policy communication tools; analysing the practice of foreign-policy communications of Germany and Ukraine; detecting the impact of destructive communications on the image of the EU, Germany, and Ukraine in the international information space. The main conclusions of the research are such statements: the aggravation of Ukrainian-Russian relations has demonstrated an imbalance in the existing for- eign-policy orientations; the EU leaders rethought the political impact of supra- national formation on the contemporary system of international relations; Germany's practice in foreign-policy communication concerns the preservation of the position as a world leader that is able to influence the solution of complex international political and security issues.
