Suchergebnisse

This article reveals the particularities of proof in cases of discrimination in the field of labour. On the basis of the analyzed special literature, legislation in force, international labour standards and positive legislative experience of foreign countries, specific proposals and recommendations on the improvement of proof mechanisms are made. Special attention is paid to the shift of the burden of proof and the formation of the "presumption of discrimination" concept, saying that in certain cases, when there is evidence prima facie justifying the allegations, the burden of proving the absence of
discrimination can be shifted to the employer. It is determined that in order to recognize the fact of discrimination, it is first necessary to establish two circumstances. First, there is the difference in attitude towards employees. Second, this distinction must be based on prohibited features. The case law of the European Court of Human Rights on discrimination in the field of labor is analyzed and the main positions of the court on establishing the fact of discrimination are highlighted. Types of evidence in cases of discrimination in the field of labor are considered. In cases of discrimination, written evi-
dence, testimony of witnesses, physical evidence, expert opinions, etc. are used. The list of admissible types of evidence may vary from country to country. To solve this problem, it is proposed to expand the range of admissible types of evidence (testing, statistics, audio and video recordings, questionnaires). Requirements for the conditions of admissibility of evidence in cases of discrimination in the field of labor are proposed. Special attention is paid to the position of the European Court of Justice. The article also describes the national mechanism for proving discrimination in the field of labor. It
is also proposed to amend national legislation to improve the mechanism for proving discrimination.

In the article, the author explores relevant issues of the formation and development of the Ukrainian criminal process over the 30 years of existence of the state of Ukraine since the proclamation of its independence. The main stages of the development of the criminal procedure are highlighted and analysed in detail, namely: the stage of its formation since Ukraine's independence proclamation in 1990-1991; the stage of development of the criminal procedure after Ukraine's accession to the Council of Europe and the adoption of the new Constitution of 1996; the stage of the criminal procedure development after the adoption of the new Criminal Procedure Code (CrPC) of Ukraine in 2012. The novelties of the CrPC of 2012 are comprehensively analysed. Firstly, the Code incorporated the relevant key provisions of the Constitution of Ukraine and international legal acts on human rights and justice. Secondly, it settled a number of issues that were important for criminal proceedings but were either unregulated or partially regulated by other laws or regulations. The article provides an analysis of the principle of access to justice enshrined in the CrPC of 2012, which provides for the right of participants in criminal proceedings who have a vested interest in the results of these proceedings (suspect, accused, victim), not only to obtain a fair trial but also to use broad procedural rights and to take an active part in criminal proceedings both during the pre-trial investigation and during the trial, contributing to the comprehensive, complete, and impartial establishment of the circumstances of the criminal proceedings and the adoption of a fair trial. The author also touches on the amendments to the CrPC of 2012, which are related to the military aggression of the Russian Federation against Ukraine and the impossibility of pre-trial investigation and trial in the areas of the anti-terrorist operation, as well as those related to the implementation of the UN Convention against Corruption, aimed at strengthening the fight against corruption crimes.

The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability

The purpose of the article is to analyse the peculiarities of the use of public administration instruments for the acquisition of the status of qualified electronic trust services providers by private individuals, as well as to identify the shortcomings of these instruments application by public administration bodies. The author aims to develop proposals for bringing relative administrative procedures in accordance with the acquis communautaire.

The author applies methods and techniques of logic. Thus, the method of analysis is used to identify those tools that are used specifically in the legal relationship for providing electronic trust services. The author also uses the comparative legal method to analyse the foreign experience of using public administration tools during administrative procedures for obtaining the right to provide trust services.

The results of the study gives a possibility to outline the system of public administration tools used in the area of the acquisition by legal entities the right to provide the qualified electronic trusted services. Among such tools, the author identifies administrative acts, administrative contracts and acts of commission. It has also been established that the Ministry of Justice of Ukraine and the National Bank of Ukraine as the national regulatory bodies in this sphere are entitled to make decisions on the registration of a person in the Trustee list. Whereas certain technical powers in this administrative procedure are assigned to the State Service for Special Communications and Information Protection of Ukraine.

The author comes to a conclusion that the system of public administration institutions in the area of providing trust services in Ukraine doesn't comply with the principles of constructing a system of such entities in the European Union. The author proposes to implement institutional and functional reforms through depriving the Ministry Justice of Ukraine and the National Bank of Ukraine of their regulatory powers for the adoption of administrative acts aimed at the execution of a private person's right to provide electronic trust services and delegating these powers exclusively to the State Special Communications Service of Ukraine.

The event of the thirtieth anniversary of Ukraine's independence [1] provides an excellent opportunity to sum up the interim results, analyse the achievements made in building an independent democracy, as well as to understand the miscalculations that can hardly be avoided. Legal science plays a huge role in this, particularly, its part related to the field of administration of justice in civil cases which is ensuring the effective settlement of civil disputes and the administration of civil justice. In view of this, the purpose of the study is to establish the contribution of legal scholars of Taras Shevchenko National University of Kyiv in the development of the doctrine of the science of civil procedural law during the period of independence of Ukraine since 1991. To achieve this goal, scientific methods of analysis of the main legislative acts regulating civil procedural relations were used, the provisions of those studies were singled out and characterized; the latter proposed new approaches to improving the mechanism of exercising the right to a fair trial, ensuring access to justice in civil cases; development and improvement of civil justice in the context of modern international, in particular, European approaches. The results of the study revealed more than forty dissertation researches, which were promoted during the selected period at the University, as well as a number of scientific studies that significantly influenced the development of the national tradition of civil procedure. The conclusions summarize the results of the study and identify areas for further development of research in the field of civil procedural law of Ukraine. In particular, it is noted that today special attention should be paid to the need for proper implementation in Ukraine of the concept of the right of everyone to a fair trial, guaranteed by the European Convention, as well as to increase out-of-court settlement of disputes mediating the right to access and freedoms in the modern world. It is important to understand the global trend of reconciliation of the parties as the most effective settlement of disputes and the spread of various ways that allow the parties to find the most convenient and effective way to protect their rights. Keywords: civil process, Ukraine, access to justice, legal doctrine, Kyiv University, Civil Procedure Code of Ukraine.

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.

The purpose of this article is to examine potential trends in the development of the political system of Ukraine after the end of the Russia-Ukraine war. Social changes always take place taking into account both subjective and objective circumstances. Currently the Ukrainian state relies on three pillars for further transformation of political institutions: 1) the Ukrainian value-mental tradition, 2) our own experience of democratic development in recent decades, 3) the political will to embrace European values. The latter means that Ukraine voluntarily undertook the obligation to meet the Copenhagen criteria, including to demonstrate the stability of institutions guaranteeing democracy, rule of law, human rights and protection of minorities. In the political circles of Ukraine, there is a "plan to restart the state", which boils down to structural changes in the system of public administration. Ukraine needs qualitative changes in the system of political relations, it is necessary to eliminate the contradiction between the form and content of political institutions. Archaic practices, nepotism, eastern methods of holding power by suppressing the opposition, corruption in the state apparatus and purely criminal practices are hidden behind the modern facade. War not only destroys, but also gives impulses for development through the mobilization of the nation's forces. We have a chance to restart political institutions and consolidate new structures born of war. We must pay attention to the institution of national resistance, which, through the movement of territorial defense and the volunteer movement, led to a situation of social filtering. As a result, strata of people crystallized, for whom the public good is higher than selfish interests. It is important not to lose the energy of the masses after the war and to use the patriotic movement to build political institutions.

An activity of the Ukrainian Workers and Peasants Union (UWPU) headed by Levko Lukyanenko in West Ukraine at the end of the 1950s to the beginning of the 1960s was a manifestation of the struggle for independence of Ukraine. Contemporary historiography studies the UWPU's activity in the context of looking for new forms and methods of the political resistance to the Soviet system in West Ukraine without using the ideology of the Organization of Ukrainian Nationalists. The result of the struggle depended on the ability to consolidate a whole society by the leaders of the national liberation movement. In the article we shall study the ideas about unity of the Ukrainian society and potential factors of its consolidation in the program documents of the UWPU. A task in hand of the UWPU was "to unmask before workers and peasants an irreconcilable opposite of their interests and the interests of the bureaucratic officialdom as well to compel the direction to comply in the sphere of increasing freedoms of people. Nevertheless an addition complication in the UWPU's propaganda in West Ukraine was Lykyanenko's and Kandyba's, the leading members' belonging to the system of the Soviet justice which was a part of the party and state structure and estranged deeply from people. The UWPU proclaimed a start of a new stage of struggle for the independence of Ukraine by the most conscientious workers and peasants which are united all over Ukraine and do not communicate with each other. The struggle of the UWPU for Ukraine's secession from the USSR should be peaceful and according to the Soviet constitution on the tactic and ideological grounds. The UWPU has thought that the idea of the independent Ukraine is only one possible idea which could unite the whole Ukrainian people, exploited by the Russian Soviet colonialist polotics workers and peasants deprived of their rights. The programme of the Union opposed the whole Ukrainian people to the Ukrainian Communists, the representatives of the party and state officialdom, as obedient representatives of the colonial administration. The members of the UWPU, high-principled Marxists, proclaimed their unstinting support the struggle of the Ukrainian Uprising Army for the independence of Ukraine and blamed an armed repression by the Soviet state the Ukrainian underground in West Ukraine. Taking into account the Ukrainian people changed during centuries of slavery and a social oppression the UWPU's programme does not only presume to challenge the presence of the protest potential of the Ukrainian people but also affirms that in time the Ukrainian people's aspiration to independence develops widely and its struggle for the independence becomes fiercer. The UWPU suggests to campaign among workers and peasants for the uniting the whole Ukrainian people for the struggle for Ukrainian state independency, as well to win representatives of other nationalities which live in Ukraine, and fight for general democratization of the state structure in the USSR