Suchergebnisse

The legal regulation of the license agreement is considered. Its contractual construction is investigated. The norms of the Civil Code of Ukraine and other normative legal acts on determining the essential terms of the license agreement are analyzed and it is clarified, which conditions must be agreed by the parties in order for the license agreement to be considered concluded. The scientific analysis of the legal nature of the license agreement in the system of civil law agreements is carried out. The objective essential conditions and features of concluding a license agreement are revealed. The subject and terms of the contract are considered. The rights and responsibilities of the licensor and the licensee are analyzed. The advantages of each party of the contract are determined. The civil law aspects of regulation of contractual license relations are investigated. The legal nature of the license is determined. The classification of license agreements has been carried out. The analysis of the current legislation in the field of granting property rights to the results of intellectual activity is carried out. The essential conditions of the agreement on creation on the order and use of the object of intellectual property rights and the agreement on transfer of exclusive property rights of intellectual property are investigated. The relationship between the license and the license agreement has been clarified. Recommendations on the structure of license agreements and advice on their content and method of presentation are provided. Conclusions and proposals, aimed at improving civil legislation in the field of legal regulation of license agreements, are formulated. It is concluded, that the license agreement is a fair mechanism for obtaining remuneration for the creation or acquisition of intellectual property

context of the globalization of financial relations. The purpose of the study is to reveal methodological and practical approaches to the functioning of the state regulation mechanism of stock market in Ukraine and to determine the directions of increasing its efficiency taking into account trends and prospects of the country's economic development. Research methods. In the work a set of scientific methods and approaches was used, which allowed to achieve the set goal. System and structural methods are used in determining the main instruments of state regulation of the stock market. Comparative and statistical methods allowed to analyze the main indicators of the functioning of the stock market in Ukraine, and methods of generalization and scientific abstraction were used in the process of determining the main directions and prospects for its development. Results of work. The basic theoretical and methodological principles of state regulation of the stock market in Ukraine are determined. The analysis of the current state of the stock market and the main features of it in the conditions of globalization of financial relations are described. The directions of increase of efficiency of the state regulation of the stock market based on the improvement of the institutional structure of the stock market, strengthening of interaction between its participants through the transformation of the goals and priorities of their functioning in accordance with the strategic documents of the country's socio–economic development are proposed. The field of application of results. Organization and conducting of research on the definition and specification of the mechanism of state regulation of the stock market. Conclusions. State regulation of the stock market is an effective tool for attracting additional financial resources into the economic system and ensuring stable economic growth in the country. In the context of the modernization of the stock market instruments, it is important to continue implementing European legislation ...

The article examines the legal regulation of using cloud technologies for information storage. The author analyses the legal acts of Ukraine, the European Union, the USA, and self-governing organisations that unite intermediaries of cloud information systems regulating relations in data storage and using cloud technologies for user information processing. The author considers the provisions on the definition of cloud computing and cloud storage from the point of view of law. The author analyses specific regulations governing legal relations in the storage field and the use of information in cloud storage. The main functions are analysed: information storage creation of a multi-level database; collection of data and their systematisation, storage of big data and their processing; information exchange; support of other services; collection of data and their distribution by applications; and economic function. It is noted that the legal regulation of information storage in cloud storage is complex.

Представлена стаття присвячена дослідженню окремих аспектів та особливостей колізійного регулювання договірних відносини у сфері міжнародного змішаного перевезення вантажів. Відсутність чіткого та уніфікова ного підходу у визначенні колізійних правил, що застосовуватимуться до договірних відносин змішаного пере везення у міжнародному сполученні, породжують невизначеність, нестабільність цих відносин та жодним чином не сприяють розвитку мультимодалізму. Авторкою виокремлено основні колізійні принципи, що застосовуються до договорів перевезення вантажів із території однієї держави на територію іншої та джерела їх закріплення, а також констатовано можливість їх застосування до договорів міжнародного змішаного перевезення. Виділено колізійні прив'язки, а також підстави для обмеження у застосуванні таких прив'язок, які встановлені міжнародними договорами та конвенціями. Зроблено висновок про необхідність затвердження уніфікованого та обов'язкового до застосування міжна родного документа, що б визначав єдиний режим колізійного врегулювання міжнародних договорів змішаного перевезення. Акцентовано увагу на особливостях та правилах визначення органу, вповноваженого на вирішення спору в справах цієї категорії, а також права, яким цей орган повинен послуговуватись під час вирішення спору, окремо для держав учасниць Європейського Союзу та України зокрема. Авторка доходить висновку, що для досліджуваних правовідносин можна виділити такі 3 групи колізійних прив'язок: а) загальні колізійні принципи; б) набір колізійних прив'язок, визначений унімодальними транспорт ними конвенціями; в) формули прив'язок, які використовуються залежно від використовуваного транспорту. ; The article is devoted to the study of certain aspects and features of collision regulation of contractual relations in the field of international mixed cargo transportation. The lack of a clear and unified approach in defining the conflict rules to be applied to contractual relations of mixed transport in international traffic creates uncertainty, instability of these relations, and, at the same time, in no way contribute to the development of multimodalism. The main collision principles applied to the contracts of cargo transportation from one state to the territory of another, and the source of their consolidation, as well as the possibility of their application to the agreements of international mixed transportation. Collision factors have been identified, as well as grounds for limiting the application of such bindings as established by international treaties and conventions. It is concluded that it is necessary to adopt a unified and binding international document that would determine the unified regime of collision settlement of international agreements of mixed carriage. It focuses on the peculiarities and rules of determination of the body authorized to resolve the dispute in this category, as well as the rights that this body should use in resolving the dispute, separately for the member states of the European Union and Ukraine, in particular. The author concludes that for the studied legal relations the following 3 groups of conflict bindings can be distinguished: a) general conflict principles; b) the set of collision bindings is defined by unimodal transport conventions; c) binding formulas used depending on the transport used.

Today, when organic agriculture and the market for organic products in general are internationally considered as factors of sustainable development, the necessity of improving the legal regulation of organic production of agricultural products in each country becomes especially urgent. Publications of foreign and domestic authors reflect a number of important practical and theoretical aspects of the development of the organic production (problems of agriculture, processing, realization, quality control in the field of organic and non-polluting agricultural products), but not deservingly ignore the urgent issues that require an early resolution. In particular, the regulatory and legal framework in this field needs to be clarified and developed. The necessity to impose legal responsibility of operators on the market of organic products put into circulation or sold in violation of the legislation, in the form of fine and confiscation of these products, and the body of certification of organic products-by eliminating it from the Register of operators and deprivation of the right to engage in such activities. Our article, in particular, is devoted to the study of the legal regulation of organic production of agricultural products in Ukraine. The author analyzes the provisions of the current legislation of Ukraine and European standards for the definition of the concept of organic production. Justifies the need for legislative regulation of state and public control in this area. In the article the author carries out a detailed analysis and disclosure of legal regulation of production of organic agricultural products in Ukraine, formulates proposals for its improvement.

The article is devoted to the defining of the content of outstaffing, its legal nature and the opportunity of using it in Ukraine.First of all, it is defined that the term "outstaffing" is not fixed in the Ukrainian legislation, but the generalization of the legal investigations gives the opportunity to form the meaning and sense. Outstaffing is an atypical form of employment that covers the process of transferring workers from one firm (the customer of the service) to the other (the provider). The main characteristic feature of this service is changing an employer de jure with keeping the former functions and work obligations. Besides that, outstaffing connections are based on two fields of law: civil law and labor law. The employment agency and the enterprise-user sign a civil-law contract. It fixes the amount of obligations of the labor management, such as paying salaries, taxes, taking part in labor litigations, the price of this service and other significant clauses. The scientific approaches to the differentiation of atypical forms of employment have been investigated. The results of researches, that had been analyzed, testify to the absence of the unified scientific view. The advantages and disadvantages of loan work for employees and customers of employment services are considered. The arguments for using outstaffing are presented in the article. These arguments make it possible to state that in current economic situation using atypical forms of employment can become an effective method of management. The article contains an analysis of the legislation. In this connection it is reasonable to explore The Law of Ukraine «About the employment of residents», which contain the meaning of term «the employment service». The basic guarantees for employees and a range of obligations for agency-provider are represented in Private Employment Agencies Convention № 181adopted by the International Labour Organization. The Convention was not ratified by Ukraine. Taking into account the judicial practice let to point ...

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.

Considered measures of state regulation of agricultural extension services that can be used as regions of Ukraine methodological developments and implemented in real practice information and advice infrastructure and public administration at different levels. The features of state regulation of agricultural extension in Ukraine.

In the article analyzed the current state and prospects of development of legislative regulation of venture capital funds in Ukraine. Considered the main normative legal acts and laws that support the venture funding and submitted a proposal for their changes.

The article considers the economic functions of the state. Reveals the effectiveness of state regulation of the economy of Ukraine. The methods of state regulation and the main levers of the state in economic activity in market conditions.

The article researches ideological principles of conflict regulation, in particular, the conflict in Eastern Ukraine in the context of forming of national-state ideology. This indicates theoretical and practical interest to a certain topic, which gets new sense and sound at each stage of national and state existence. It has been found out that political strategies should enable planning and forecasting political processes, minimize political bias, and meet reform projects. It is noted that the main vector of socio-cultural transformations had been proclaimed to be the posttotalitarian, post-colonial vector that a priori should permanently protect the state from the disadvantages and tragedies of the previous political era. Philosophical reflection is aimed at understanding of one of the most important components of national-state ideologies – a national idea. At present, there is no single national-state ideology in Ukraine, since new forms of understanding of social reality are in the process of formation. Obviously, it will be formed in the context of political forces' struggle and compromising. The crisis of unity in Ukrainian society is interpreted as a factor that does not contribute to the formation and implementation of a rational political strategy of the state. It is concluded that European spirit of Ukraine and national self-esteem should be formed on state level in internal and foreign politics, on theoretical level in the programs of state reforms, in the concepts and programs of education and upbringing, on daily life level in ideological regulations of interpersonal communication rules. It is concluded that there are the following steps towards peace, first, the cessation of hostilities and pressure, second, the establishment of dialogue, and third, the search for a solution to the contradictions through negotiations.

The subject of work - is the theoretical and practical aspects of the global experience of budget regulation. The aim of work – is to analyze and systematize the experience of implementation of budgetary regulation in counries with developed and transformational economies. Method or the methodology of the work - In work we used methods of comparative analysis, synthesis, logical generalization of results. The results of work - A comparative analysis of the fiscal policy of the EU member states and Ukraine makes it possible to assert that the fiscal system established in our country as a whole corresponds to the general principles of construction, the rules for the formation of public expenditures and their distribution according to the priority directions of development of the socio-economic system used within the European the community. Accordingly, it enables the national economy to effectively integrate with the countries of the European Commonwealth and adhere to the established requirements for the economic convergence of the united social and territorial systems Field of application of the results - the results of this work can be applied in the practice of budgetary regulation of social development. Conclusions: The approach of developed countries to the implementation of budgetary regulation measures is important from the point of view of the need to assess the impact of fiscal policies on the dynamics of economic development at different stages of the economic cycle due to their many years of experience in forecasting budgetary indicators. The priority direction of fiscal policy of the countries of the European Union is to ensure stability of the system of public finances, to promote the achievement of financial equilibrium. In order to implement the above, the rates of consumption taxes were raised, the tax base on income and profits widened, the number of civil servants reduced, a moratorium on the indexation of social benefits was introduced. Increasing the efficiency of budget expenditures becomes ...

For the first time in Ukraine, the definition of «political advertising» is reflected in the Law of Ukraine «On Elections of People's Deputies», so far only on the basis of the definition of «advertising» in the Law of Ukraine «On Advertising» it was possible to qualify political advertising as any information about political actors, political parties, designed to raise awareness of their activities. The mechanism of legal regulation of political advertising involves the development and adoption of national laws and regulations governing public relations arising in the process of production, placement, distribution of political advertising, because in this case may affect the interests of society and the state as a whole. Today the issue of political advertising is regulated by several legal acts, in particular in Article 1 of the Law of Ukraine «On Advertising» provides only the definition of such advertising without details, the Law of Ukraine «On Local Elections», the Law of Ukraine «On Elections of Deputies of Ukraine», the Electoral Code Ukraine's norms stipulate the peculiarities of campaigning in the form of political advertising, some restrictions on campaigning, etc. Therefore, the legislation should be characterized by the dispersion of norms on such advertising and inconsistency in the definition of «campaigning» and «political advertising. Therefore, it is suggested to get acquainted in detail with such a phenomenon as political advertising. The article focuses on the existence in the literature of different approaches to the definition of «political advertising» of its essence, considers the distinction between «political advertising» and «election campaigning», as well as analyzes current legislation and the current state of the legal regulation of this type of advertising

The family is the main element of society. Today family dispute is the category of disputes which we unfortunately meet most often in everyday life. Marriage is the oldest social institution that emerged in primitive society much earlier than states, nations, classes, and changed significantly in form, content, type and function during its existence. Since ancient times, issues related to the settlement of various aspects of family relationships in the context of marriage and divorce, as well as the legal mechanism that guarantees the protection of individual rights and morals in society, have always attracted attention. The connection between legal and moral laws had its peculiarities in different historical sections and ethnicities. Divorce in the modernist environment of the progress of marriage and family relations remains the most popular form of marriage termination for the future life of the couple. This situation requires generalization of knowledge about the order, features and consequences of marriage dissolution at different stages of society and in modern conditions of life. The article deals with the historical development of legal regulation of marriage termination in the territory of modern Ukraine. Particular attention is paid to the causes and reasons for the termination of marriage at each stage of the development of legal thought. Legal and historical analysis of the influence on the development of family relations in society on legal thought is made. In this article we will analyze the institution of divorce. The conclusion is made about the influence of historical aspects of formation of the institution of marriage dissolution on the modern Ukrainian legislation.

The activation of globalization and integration processes creates an objective need for regulation of banking activity at the international level. Uniform standards for regulating financial services sectors are developed by international organizations and continue to serve as the basis for the development of national regulatory standards, while the system for monitoring compliance with these standards operates in each separate country. The article states that banking supervision is implemented through regulatory and supervisory activities, outlining various organizational models of entities that oversee the activities of financial services sectors. In world practice there are various models of institutional building of the banking regulation and supervision systems, each of which has its advantages and disadvantages. Each country chooses one of the models that will be effective, active and consistent with the architecture of the financial system and the peculiarities of the national banking system. The regulation of banking activities at the international level is not aimed at unification of organizational models of structures that in some countries supervise the activities of financial services sectors. Most importantly, regulatory and oversight bodies of different countries should be guided by the same principles and standards in their activities, as well as having all the necessary powers to effectively carry out their tasks. Mandatory condition is the consolidation of these powers at the legislative level.