Suchergebnisse

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.

The analysis of the relationship between law and policy is based on current legal theories, which build their models on the basis of the interaction of these two phenomena as in the process of state formation, so in the management of the state and the civil society. Legal theories correlate with the constitutional process in Ukraine, which gives reason to speak about the growing of the influence of political mechanisms on national legislation, the state, society and citizens' justice. This raises the question of the relation of the archetypes of legal culture with the direct political and legal experience of the nation-state, which over time is crystallized into theoretical doctrines and the corresponding political and legal practice of their implementation. Legal theories, as well as the positions of national scholars regarding the law and politics, also did not go beyond the definitions of the influence of national factors on the interaction of law and policy. The autonomous model (legal positivism), the insertion model (natural law theory), and the intersection model (American and Scandinavian legal realism) always had a common field from which different (in our case Ukrainian) national systems of law development ware sprouted. In this field law and politics are two (to a greater or lesser extent) different phenomena that interact with one another (with lesser or greater frequency) in the light of national interests and what the social sciences call the «spirit of the nation». In a transitional period, the positioning of the law in Ukraine is too closely linked to the political realities and interests of the political elites, which in most cases are still very far from the generally accepted principles of law. This is also the case today, in particular during the discussion and adoption of the bills on amendments to the Constitution of Ukraine proposed by the President in August 2019. It is clear that the issues of interaction of the law (law) and politics in Ukrainian realities are at the stage of their ...

Problem setting. Due to the rapid development of digital technologies, the issue of status settlement and the use of artificial intelligence technologies is especially relevant. This fact indicates the need and importance of finding answers to the question and aims to intensify and unite the efforts of the scientific community to address relevant issues. One of the areas of scientific research is the doctrinal development of new phenomena and processes that have arisen and are taking place in the state and legal sphere under the influence of digitalization of economics, management and law. The tasks of scientific research are to comprehend the impact of the digitization process on the state and legal sphere of society; law as such; assessment of the transformations that are taking place and identification of trends in their dynamics; forecasting the state of these phenomena in the future; formulation of fundamental and applied problems of legal science in terms of doctrinal development of the laws of development and functioning of law, state and legal sphere of society in the conditions of digital reality, determination of approaches to their solution. Recent research and publications analysis. An analysis of recent research and publications shows that scientific research on this issue is carried out mainly within the economic, political, computer, legal sciences, although the problems and prospects of digitization of law require a deep and thorough philosophical, including philosophical and legal understanding. The rapid development of new technologies, in particular artificial intelligence technologies, the Internet of Things, cloud technologies, etc., is contributing to changes in current legislation. Today, advanced economies are already pondering the question of regulating the status and use of AI technologies. While these are only the first bold steps, in the future, all of these can affect global changes in the legal system – perhaps full-fledged comprehensive institutions of law, even the branches of ...

The research is dedicated to the analysis of law enforcement civil aspects in legal regulation of public relations, determination of its character and value as security instrument of their effectiveness. It is set that law realization is considered in such forms as law fulfillment, law application, law enforcement, law fulfillment and law termination accompanying the motion of civil-law relations. Law enforcement legal nature is stipulated by the objective necessity to influence on the behavior of participants of such civil-law relations to ensure their compliance with the legal model. It is proved that the reason for law enforcement in the course of civil-law relations realization is such character of their development, reality and affiliation of which in view of their social value is provided individually-legal instructions given by public authority. Realization of subjective civil rights and legal obligations in private relation is provided by the acceptance of individual legal act issued by governmental authority. Law enforcement mechanism in a private law was considered whereby the combination of legal measures through which public activity of governmental authority is adjusted should be understood, which involves adjustment of civil-law relations in the course of their legal regulation, provision of stable public society development. Authority's activity in law enforcement mechanism is provided by the system of legal measures (mechanism elements), the total amount of which shall be naturally implemented in law realization mechanism the component of which is law enforcement mechanism in synchronically directed at provision of its effectiveness. To such elements of law enforcement mechanism each of which is specified within the appropriate law realization may be included: legal provision, legal relations and judicial fact.

Any branch of law, private or public, has a system of sources of law, which is somewhat standard. This system became "set in stone" for many law systems around the world, starting with Constituion, legal acts of goverment and ending with brief overview of legal traditions in some branches of law. However, this system completely forgets about legal doctrine. But after legislation took over, legal doctrine lost meaning which it had before and was cast aside into shadow of legislation and basic system of sources of law. Furthermore, legal doctrine was an instrument which provided unity for any law system. The idea in its core is simple – greatest and most known legal works of different authors became rulebooks for diffenret branches of law, which were used not only for education, but as a source of law to resolve dispute, when there was missing link in legislation and when judge cannot settle dispute using law of state. This is the case, when doctrine was used as a source of law and a source for regulation. Same can be said about legal doctrine, as core for any law, passed by a parliament. In ideal case, scientists and authors of legal dontrine works should consult lawmakers regarding theoretical and doctrinal basis of any decision or action they are planning to take. So, any legal action will have strong core in it and won't be decided only on experience and opinions of lawmakers, but also with strong theoretical background for such decision. In conclusion, we think that legal doctrine requires further analysis and this topic is very important for legal studies in Ukraine. Core of legal doctrinal works becomes bigger and bigger with increasing number of scholars in this sector of science. From the nature of legal doctrine, it is clear that it can provide better understanding of law and improve connection between scientists and lawmakers. Keywords: source of law, Constitution, natural law, legal system, concept of legal doctrine, system of sources of law.

The article deals with the issue of the conflicts of laws in international private law. It has been found out that each state has its own legal regulation of the relations which leads to conflicts of material norms of various states and complicates legal regulation of international relationships. The law of the states has many differences in regulation of various relations which provides for application of a connecting factor as one of the ways to solve the problem. It has been proved that international private law has a significant role in regulation of relations with a foreign element. As for international private law which norms are formed independently by each state, compliance with treaty obligations as well as rules and principles of international law by each state is significant to each state. At the same time, codification of international private law is the main way for systematization and legislative implementation of conflict of laws, material and procedural provisions designated for regulation of private relations with foreign element. Qualification of legal definitions which are applied in formulation of the rule of the conflict of laws is a burning issue as well. It has been established that the procedure for qualification in international private law should identify the model of relations and consists of three stages which are: interpretation of the rule; analysis of relations; comparison of the rule and relations. It has been clarified that the situation of a mobile conflict and the issue of acceptance or failure to accept remission and remission to the law of the third state relate to the issue regarding application of the rule of the conflict of laws in international private law. We think that the first priority task is to bring national laws on international private law in compliance with modern conditions of international civil and trade turnover. For the future development it is necessary to introduce a single legislative act which will take into account all these issues and the mechanism ...

The article researches development of trust property institute in continental law states and investigates possible development of national legislation in this sphere. The article also characterizes modern state of trust property in Ukraine and proposed models of its improvement. In all researched continental law states it is possible to trace personal way of development of trust property institute as well as a special mean of trust implementation. Approaches of foreign legislators distinguish and can be seen in implementation of single-level and two-level changes. The first one is ratification of the Hague Trust Convention (Italy) as well as enshrining of its own trust like constructions (France, Germany). Two-level changes are represented by first Ratification of the Hague Trust Convention and then adoption of special acts to regulate legislative collisions in regulation of trust relations (Switzerland). The article has also researched prospects in development of Ukrainian national legislation. Draft laws which are registered in the Verkhovna Rada of Ukraine and consider trust property as one more way to ensure performance of duties along with other ones provided for by p. 1 of Art. 546 of the Civil Code of Ukraine such as forfeit, bailment, guarantee, collateral/pledge, retention, deposit (down payment) have been investigated. Reasons for enlarging legislation on trust relations through ratification of conventions and creation of a wide legal regulation of the researched sphere have been provided.

The article examines the peculiarities of law and legal security in modern Ukrainian realities. It is determined that law is a mechanism which, through the application of legal norms of which it is a part, should ensure the effective functioning of democracy and democracy in the state and the functioning and further development of the social system. It is established that the Ukrainian legal system is undergoing a reconstruction phase, in which administrative and legal mechanisms are being transformed into mechanisms of self-regulation and self-organisation. The author establishes that essential factors of law stability are correct definition and certainty of each element, completeness and absence of contradictions. It is established that the basis of the concept of legal security is the conditions, sources, methods and mechanisms of negative impact (falsification of legal provisions, conflicts of provisions, legal gaps, inadequate implementation procedures, neglect of the effect of provisions, substitution of concepts, corruption, etc. The author determines that legal security is a component of national security. Its content consists of the implementation of national interests in all areas of national security, protection of national interests in the security sector, as well as legal regulation of legal relations and legal protection of the creation of state and non-state institutions with the necessary and sufficient conditions for the effective functioning of law and legal order as a crucial regulator of social relations. It is noted that legal security is one of the constant needs caused by the natural conditions of life of a person, society and mankind. It should also be considered a universal human value designed to ensure a person's existence as a public good. The author identifies the factors that significantly impact the institutionalisation process of an individual's legal security.

Розглянуто особливості зародження нового нормативного масиву в системі національного права, яким є містобудівне право. На фоні розбіжності наукових підходів до визначення місця містобудівного права в системі права обґрунтовано авторське бачення останнього як самостійної комплексної галузі права. Охарактеризовано особливості нововиниклої галузі з боку співвідношення самостійності та комплексності. На основі порівняльного аналізу містобудівного законодавства країн пострадянської правової сім'ї та відповідних доктринальних положень визначено предмет містобудівного права, який становлять відносини будівельні, архітектурні та планування організації і розвитку територій і населених пунктів.Ключові слова: містобудівне право, містобудівне законодавство, будівельне право, комплексна галузь права, предмет містобудівного права ; The peculiarities of the birth of a new normative array in the system of national law, which is urban planning law, are considered. Against the background of the divergence of scientific approaches to determining the place of town planning law in the system of law, the author's vision of the latter as an independent complex branch of law is grounded. The features of the emerging industry in terms of the balance of independence and complexity are characterized. On the basis of a comparative analysis of the town planning legislation of the countries of the post-Soviet legal family and the relevant doctrinal provisions, the subject of town planning law is determined, which constitutes the relations of construction, architectural and planning organization and development of territories and settlements.Keywords: town planning law, town planning legislation, construction law, a comprehensive branch of law, subject of town planning law

The article covers the issues, conceptual category of "source of law" in general and discusses the formation of the source base of disciplinary - tort law, in particular. The author examines the approaches of scientists to the category of "source of law", and also proposes his own approach to the definition of this concept. In addition, this scholarly work emphasizes that disciplinary and tort law, as an institution of business law, is poorly researched, which impedes its systematization and its expedient application in practice. Certainly this condition is facilitated by the lack of a clear definition of the range of legal acts that are intended to regulate a given branch of law. That is why, understanding the severity of the problem, within this article, the author concentrates his attention precisely on the issues of sources of disciplinary and tort law, and gives his own classification of the latter. For this purpose, the source base is classified into three main systems, namely normative, casuistic and informal, within which subcategories are distinguished. In order to fully disclose the selected issues, the author analyzes both domestic and foreign regulatory acts, in particular, analyzes the acts of the relevant legislation. Particular attention is drawn to the legal acts of the European Community, because given the European guidelines of Ukraine for the author's belief it is appropriate. In addition, the practical aspects of this topic are covered within the scope of scientific work, in particular the provisions of the case law are considered.

The article is devoted to the study of the problems of the application of law of unrecognized states in international law. The concept of application of foreign law in general and the legislation of unrecognized states in particular is defined. It is indicated that the relation to foreign law, as an actual circumstance or as a legal category, is determined by the method of foreign law application, which varies depending on the legal family to which a particular state belongs. Two main theories concerning recognition are investigated: declarative and constitutive. The notions of "unrecognized states" and "unrecognized governments" are delimited.The peculiarities of the application of the law of unrecognized states in international law are defined. Key words: application of foreign law, establishment of content of foreign law, qualification of foreign law, unrecognized states, unrecognized governments, international recognition, sovereignty. кандидат філологічних наук, доцент, Мясоєдова С. В., Комлик А. В. Проблеми застосування права невизнаних держав в міжнародному праві/ Національний юридичний університет імені Ярослава Мудрого, Україна, Харків;Стаття присвячена дослідженню проблем застосування права невизнаних держав в міжнародному праві. Визначено поняття застосування іноземного права загалом та невизнаних держав зокрема. Вказано на те, що відношення до іноземного права як до фактичної обставини чи як до правової категорії визначається методом застосування іноземного права, що різниться залежно від того, до якої правової сім'ї належить певна держава. Досліджено дві основні теорії щодо визнання: декларативну і конститутивну. Розмежовано поняття «невизнані держави» та «невизнані уряди». Встановлено особливості застосування права невизнаних держав в міжнародному праві.Ключові слова: застосування іноземного права, встановлення змісту іноземного права, кваліфікація іноземного права, невизнані держави, невизнані уряди, міжнародне визнання, суверенітет.

Sámi law is the law of the Indigenous Sámi people. The territory where Sámi have historically lived is called Sápmi and encompasses parts of Norway, Sweden, Finland, and Russia. This article builds on the premise that Sámi law exists in Sápmi, in parallel with national laws. However, in terms of methodology and content, the scope of research on Sámi law compared to research about Indigenous law in Canada is limited. This article first describes an Indigenous law research methodology which approaches stories as a source of Indigenous law. The methodology was developed in Canada and applied to the Canadian Access to Justice and Reconciliation Project. The article then discusses this research methodology in relation to Sámi law.