Suchergebnisse

The purpose of this article is to clarify the system and a thorough analysis of the sources of international legal regulation of working time. Dur- ing the study a number of methods have been used, namely: the formal-logical method has been used for the classification of sources of interna- tional legal regulation of working time and relevant international agreements; the system-structural method and the synthesis method – for the analysis of the provisions of the EU Directive 2003/88/EC on certain aspects of the organization of working time, as well as the formal-dogmatic and modeling method – for providing recommendations on the harmonization of national legislation with to the relevant Directive.

This study analyzes the system of international legal regulation of working time, which is a complex orderly set of international treaties, EU leg- islation and ECHR practices that underpin fundamental principles and international labour standards in the field of working time. The scientific work presents the classification of sources of international legal regulation of working time for: 1) international agreements; 2) EU legislation; 3) ECHR practice. Since most of the sources of international legal regulation of working time are international treaties, it is proposed to classify them accord- ing to the entities within which the following treaties are concluded: 1) treaties within the UN; 2) treaties within the Council of Europe; 3) treaties within the ILO; 4) treaties within the EU. ILO treaties are proven to be crucial in the area of international legal regulation of working time, as the ILO is an international organization, a specialized UN agency, established to support international cooperation in peacekeeping around the world and to reduce social injustice at the expense of improving workingconditions.

First of all, for the qualitative perception of the provisions relating to international legal regulation of working time, it is necessary to define the con- cept of "international labour standards", which is applied in the framework of the ILO activities. International labour standards are legal instruments developed by the ILO (taking into account the principle of tripartite representation – governments, workers and employers) that set out the fundamental principles and rights in the field of labour. The main forms of consolidation of such standards are ILO conventions and recommendations.

The provisions of sources of international legal regulation of working time are studied, attention is paid to their peculiarities and specificity. A number of recommendations have been made to further implement the provisions of Directive 2003/88/EC on certain aspects of the organization of working time in national labour law. In particular, it is established that this Directive establishes minimum safety and health requirements for the organization of working time and applies to: minimum periods of daily rest, weekly rest and annual leave, as well as breaks and maximum weekly working hours; some aspects of night work, shift work and workarrangements.

This article is devoted to the main problems in the institute of the death penalty. Nowadays, our society concentrates on the humanization of the rule-making framework, and especially on the loyal application of the punishment to the defendants. The State by establishing the death penalty takes away human life and it denies the honor, dignity and social value of human beings as the main goal of the states and social existence. The main idea of this article to analyze the institute of the death penalty, to explore and make statistics of states where it still exists and to determine reasons for its application. Therefore, the author considered the main aspects of the institution of the death penalty and the right to life, their legislative consolidation and concluded that the problem of the death penalty is one of the biggest problems in international law. In today's society, a lot of issues concerning the rightness and legality of the use of the death penalty exist. In this regard, the article focuses on the main regulations in which the prohibition of the death penalty is enshrined, these include the Second Optional Protocol to the International Covenant on Civil and Political Rights and Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the Abolition of the Death Penalty and the like. The concept of the death penalty, history and current state of its development in the world are also revealed. Also, the author analyzed the doctrine of scholars on this issue and consented that the death penalty is contrary to the principle right to life, which is the major one in international law. The author noted that many countries refuse to recognize international standards in this sphere and refuse to ratify the Protocols to international treaties abolishing the death penalty. Analyzing the issue of the death penalty, the author outlined numerous problems raised during conducting the study and noted that the international community has the task of solving the problems mentioned ...

This article is devoted to the conflict of law rules of the international contract of sale, analysis and identification of problems of the conflict method of legal regulation. The main sources of legal regulation of international purchase and sale of goods, both at the international and national levels, are studied. Attention is drawn to the peculiarities of the application of the norms of the Vienna Convention of 1980 to relations under the contract of international sale, as well as its interaction with domestic regulations. Attention is paid to the problems of harmonization of Ukrainian legislation with European and international law in the field of legal regulation of the contract of sale.The general concept and characteristics of this agreement, as well as the features of its conclusion. Withit also the practical problems which should be considered in the course of contractual work, first of all definition of the moment of the conclusion of contracts and the beginning of action of the international agreement of purchase and sale of the goods in modern conditions of development of the state are analyzed. Based on the analysis of the essential terms of the international sale agreement, the scope of this agreement, its stages of conclusion developed measures on the feasibility of regulation at the level of the Civil Code of Ukraine provisions related to establishing requirements for the principle of close communication, determining the time of the agreement, "Law of the place of the act", issues related to the conclusion of the so-called. "Agreement between the absent" (conclusion of the contract by teletype, fax, telephone, etc.), the form and content of the international contract of sale. The current state, patterns of development of conflict of law regulation in order to identify the most optimal ways to resolve conflict issues in the relevant field. It is also noted that each state in its own way carries out the legal regulation of relations, so there are conflicts between the substantive law of different ...

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad.

The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et

The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant.

In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

The article deals with the provisions on international adoption through the prism of the Hague Convention on the Protection of Children and Cooperation in the field of International Adoption in 1993, the problematic issues adopted by foreign nationals. Issues of legal conflicts between the Hague Convention and Ukrainian legislation on the prohibition of same-sex marriage and its impact on inter-state adoption have been identified. In order to ensure more effective control and supervision of the fate of adopted children, it is proposed to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign nationals. To resolve the issue of allowing same-sex couples to adopt a Convention, initiate before the United Nations the right of countries with the prohibition of same-sex marriage to admit a convention of non-acceptance of this article (as prohibited by Article 40 of the Convention) for the purpose of further implementation in the legislation of both our state and other states. with a reservation (restriction, exclusion) to strengthen the normative international regulation of the protection of the rights of the child. Regarding the issue of abuse of international adopters, we consider it necessary to offer an alternative - to strengthen by means of legislative enshrining in both national and international law measures to protect the life of the child as an object of international adoption by increasing the degree of control over the adoption and subsequent fate of the child in the form of specially created reports each country's Interstate Adoption Authority. To ensure more effective control and supervision of the fate of adopted children, we propose to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign citizens.

The article deals with the peculiarities and importance of diplomacy in the mechanism of international territorial disputes settlement by analyzing the results of scientific research and the legal framework. Diplomatic means of resolving international territorial disputes have been found to include so-called "reconciliation facilities", including negotiations, consultations, investigative and conciliation commissions, mediation, good services, etc. It has been established that diplomatic means are determined by the fact that the parties to the dispute independently "control" the dispute and may accept or reject the proposed mechanism of dispute settlement. It has been found that negotiation is the simplest, most convenient and acceptable means for the parties to an international dispute. They represent the process of finding disputes by the parties themselves by establishing direct contact and reaching an agreement between them. It has been established that consultations are a type of negotiation. They are used to continue the established contacts. Consultations are sought when negotiations need to be resumed in the light of emerging circumstances. It has been found that another type of regulation of international territorial disputes is the institution of peaceful settlement through the use of good services, which are a set of international legal norms that regulate the activities of third countries or international organizations for the purpose of their own initiative or at the request of are in conflict and aimed at establishing or renewing direct negotiations. It has been found that situations sometimes arise when the essence of the conflict is reduced to a different understanding of the factual circumstances that gave rise to the dispute. In such a case, the conclusion of investigative and conciliation commissions may be accelerated. "Virtual" diplomacy has been singled out as a kind of diplomatic way of resolving international territorial disputes, which is of ancillary character. It is emphasized that ...

The article analyzes the role of different international organizations and the European Court of Human Rights (ECHR) in the field of international protection of children's rights. The main idea of the article is to determine modern methods and mechanisms of protection and realization of children's rights in international law. Much attention is given to the fact that there are a lot of different international documents that regulate this issue. The author analyzed such documents are Convention on the Rights of the Child, the Declaration of the Rights of the Child and expressed her opinion on their effectiveness. It is described in short the protection of children's rights at the regional level. The article outlines the opinions and views of various scholars who had been working in the field of child rights protection. The article admonishes that everybody has the right to apply to the European Court of Human Rights in case of violation and non-recognition of rights. The article states that numerous ECHR decisions exist on issues related to the protection of the rights of the child based on the provisions of international law. The article defines some problematic aspects of the protection of children's rights. Some attention is drawn to the collisions of the legal regulation of this issue and cases of violation of the rights of the child. Theoretical concepts and practical experience regarding the international protection of the rights of the child in international law are explored in the article. The author mentions that the national legislation of some countries in the sphere of children's rights is not perfect enough. Therefore international standards have to serve as a basis on which it would be possible to construct and develop a domestic law system that will respect children's rights. It is stressed that in the modern world exists a tendency for recognition of almost all rights and interests of the child. It is reported that new mechanisms for the protection of children's rights are developing because ...

Глобалізація світової економіки, вплинула і на розвиток туристичного сектору. Сучасний туризм відкриває особливості масового туристичного продукту разом із його стандартизацією та серійним виробництвом, спеціалізацією та різноманітністю його пропозицій, а також із сучасним продажем та рекламою, часто віртуальною. Розвиток світової економіки туризму є результатом задоволення людських потреб, починаючи з потреби на відпочинок та дозвілля, відновлення фізичних сил, споживацьких потреб і закінчуючи розумовими потребами: новий досвід, сприйняття та пізнання. Було визначено поняття глобалізації, що це є сукупність процесів інтенсифікації економічних, політичних, соціокультурних відносин, що розгортаються поверх державних кордонів. Систематизовано статистичну інформацію, яка є невід'ємним доказом розвитку глобалізації в міжнародному туризмі. Виявлено проблеми, які існують на сучасному етапі розвитку міжнародного туризму та процесів глобалізації. Систематизовано основні риси процесу глобалізації бізнесу. Визначено значення процесу глобалізації для розвитку міжнародного туризму. Розглянуто процес утворення глобальних туристських об'єднань. Подано поняття турпродукту та місце ТНК в міжнародному туризмі. Турпродукт, як відомо, представляє комплекс послуг, що надаються туристу, і часто споживається за кордоном. Глобалізацію в туризмі можна визначити як процес різкого посилення туристичних потоків, а також потоків послуг, капіталу, інформації та технологій, як правило, не потрапляють під регулювання національних урядів. Глобалізація має довготривалий характер, а її рушійною силою є, перш за все, революція у сфері інформаційно-комунікаційних технологій, лібералізація ринків і загострення міжнародної конкуренції. ; The globalization of the global economy also influenced the development of the tourism sector. Modern tourism opens the peculiarities of the mass tourist product along with its standardization and serial production, the specialization and variety of its offers, as well as with modern sales and advertising, often virtual. The development of the world economy of tourism is the result of satisfaction of human needs, from the need for rest and leisure, the restoration of physical strength, consumer needs and ending with mental needs: new experience, perception and knowledge. The concept of globalization was defined, this combination of processes of intensification of economic, political, socio-cultural relations, unfolding floor of state borders. Statistical information is systematized, which is an inalienable proof of the development of globalization in international tourism. The problems that exist at the present stage of the development of international tourism and the processes of globalization are revealed. The main features of the process of globalization of business are systematized. The importance of the globalization process for the development of international tourism has been determined. The process of formation of global tourist associations is considered. The concept of tourist products and the place of TNCs in international tourism is presented. Tourist products are known to represent a complex of services to tourists, and are often consumed abroad. Globalization in tourism can be defined as a process of sharpening the flow of tourism flows, as well as flows of services, capital, information and technology, as a rule, do not fall under the control of national governments. Globalization has a long-term character, and its driving force is, first of all, the revolution in the field of information and communica tion technologies, market liberalization and the exacerbation of international competition.

The article deals with the correlation between the European Union law and international law. Constant participation of the European Union and its members in international organizations gave a rise to the need for establishment of interrelation between the sources of international law particularly international agreements and customs and sources of European Union law such as regulating agreements and acts of the EU institutions as well as necessity to identify which norms should be applied in a certain case and which hierarchical connections exist in these sources. This issue was research by numerous Ukrainian and foreign scholars such as T.V. Komarova, O.V. Plotnikov, K. Zigler, I.I. Maryniv, R. Jennigs, K. Tomushat and others. But unlike scientific research EU agreements do not have any provisions which would identify the type of relations between EU law and international law. It is also necessary to note that the only subject which position is important in this sphere is EU Court. In order to answer the mentioned questions decisions of the EU Court which had an impact on the formation of a new law and order on international level such as the one of the European Union (for example decision in case Van Gend en Loos) and decision of the Court which established fundamental positions regarding correlation of EU law and international law (for example in case Kadi v Council and Commission) were researched into. Provisions of EU regulating agreements related to international agreements and their place in the system of norms of the European Union were analyzed. To see the procedure of applying customary law in European law case law of the EU Court was researched. The article provides modern position of the EU Court regarding interaction between European and international law.

International migration is a global phenomenon, with its complexity, volume and influence on the economic development of countries constantly increasing. The aim of the article is to study the state of external migration processes in Ukraine and the world, analyze factors and main trends, determine the causes of external labor population migration and their consequences for the social and economic development of our country, reveal the existing threats and negative consequences of the international labor migration for the migrants and the economy of Ukraine. The methodology of researching the scope and dynamics of migration processes, the specific features of the migration policy development in Ukraine and the world is based on the application of general scientific and special methods of the scientific research: dialectical, systematic approaches, sociological survey, comparison, statistical analysis. A particular attention is paid to the identification of the social and economic causes and consequences of the international labor migration from Ukraine. The directions of the Ukrainian labor migration, taking into account the age groups and employment sectors of domestic labor migrants, are analyzed. The main approaches to improving the state migration policy based on the regulation of labor migration processes in Ukraine, slowing the dynamics of the population migration, the retention of the population number and structure at the level providing support for the territories economic development, improvement of the national international legislation, suspension of migration expenditures, creation of conditions for the cohort of Ukrainian citizens working abroad reverse migration, etc.

This article is devoted to the study of the legal regulation of international adoption in Ukraine. This article analyzes the content of the main regulations governing the implementation of international adoption. The key differences between international adoption and adoption within the state are identified. This study focuses on international agreements in the field of international adoption, as they regulate this issue in the most detail and ensure well-established, effective cooperation between member states. The state of national legislation of Ukraine in the field of international adoption is analyzed, in particular in terms of bringing it in line with international agreements that establish the principles of adoption, as well as establish guarantees of children's rights in the adoption procedure. Given that Ukraine has identified a vector for ratification of the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, the article examines its mechanisms and safeguards to avoid a number of negative phenomena that occur in the field of international adoption. The article presents statistics that indicate that the adoption of children from Ukraine is numerous among foreigners, which confirms the need to pay special attention to international adoption. The most acute problems in the field of international adoption and ways to solve them have been identified. Thus, it is established that currently the legislation of Ukraine does not provide effective mechanisms to prevent the abduction and sale of children under the guise of international adoption. To combat this problem, the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption establishes a number of rules that must be followed in the implementation of international adoption, which confirms the importance of acceding to this agreement. There is also a lack of legal regulation, which is the lack of proper socio-psychological assessment of the child's readiness for adoption. Attention ...

The role of social media (social networks) in international relations is analyzed. The international relations as the main contributor to the world information space are singled out. Definitions of the main concepts characterizing the use of Internet technologies in the foreign policy activity of the state are given: foreign policy activity of the state, foreign policy behavior of the state, communication in the system of international relations or foreign policy communication of the state. The study used a set of general and special methods: the method of conceptual analysis in determining the basic characteristics of socio-political communication, comparative analysis, functional analysis (functions of foreign policy communication and activities). Social media and the Internet are turning into a new reality, where the main actors are states. The political image of the state is directly proportional to the image in the social media. The popularity of the state, diplomatic institutions depends on the openness of society and the advancement in social networks.

Introduction. The development of online commerce, which is gradually displacing the traditional one, is a clear trend of global economic transformations. Key aspects of e-commerce, such as online transactions, privacy and consumer protection, and customs clearance, need to be regulated at the international and national levels.The purpose of the article is to study the development of e-commerce in retail goods in the XXI century. in the context of assessing the completeness and effectiveness of international and domesticResearch methods. General scientific and special methods were used to study the legal aspects of e-commerce regulation, namely: analysis and synthesis, induction and deduction, abstraction and concretization, description, characterization, generalization, comparison. The methodological basis for the study was international regulations (UN Laws, European Union Directives, Acts of International Organizations) and a list of laws of Ukraine on the regulation of the electronic sphere.Results. The analysis of indicators of e-commerce development on the world market is carried out, its rapid dynamics is pointed out. International initiatives to regulate e-commerce are considered. A comparison of aspects of legal regulation of e-commerce in Ukraine and the European Union is carried out. Conclusions are made on the completeness and degree of maturity of the institutional base. Emphasis was placed on the need to strengthen regulatory mechanisms in the field of e-commerce in order to create a modern institutional system adapted to the global and European.Perspectives. It is important to focus future research on the development of guidelines for determining the effectiveness of the implementation of initiatives to regulate e-commerce at the domestic and global levels.

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