Suchergebnisse

The article is devoted to the study of one of the grounds for exemption from responsibility of international intergovernmental organizations - self-defense. It is provided by Art. 21 Draft articles on the Responsibility of international organizations, adopted by the UN International Law Commission in 2011. The wording of the norm significantly differs from the relevant provision providing a similar right to sovereign states. In particular, it states that "The wrongfulness of an act of an international organization is precluded if and to the extent that the act constitutes a lawful measure of self-defence under international law". It does not have a direct reference to the United Nations Charter, which is contained in Art. 21 Draft Articles on the Responsibility of the States in 2001. Currently there are no international agreements that envisage the right to self-defense of international organizations. Consequently, the basis for its application can be only an international law custom. Defining it is a complex scientific issue. Present analysis is based on the legal nature of international organizations. It is pointed out that, unlike sovereign states, they do not have their own territory, which in the vast majority of cases is the main purpose of military attacks by aggressor countries. Consequently, the grounds for applying the right to self-defense of international organizations are quite limited. They are mainly related to the negative circumstances in which police and peacekeeping units operate acting on the mandate of the relevant international organization and on its behalf. In other cases, international organizations are protected by agreements with the states on its territory their headquarters are located, where the guarantees of their safety and integrity are expressly provided. It is pointed out that it is highly likely that some of new means of direct and indirect intervention that are already being used to interfere in internal and external affairs of states will probably be applied to international organizations in the future. ; В статье даётся толкование ст. 21 Проекта статей об ответственности международных организаций, принятого Комиссией международного права ООН в 2011 г., предусматривающей право на самооборону как одно из условий, исключающих их противоправное поведение на международной арене. Содержание права на самооборону международных организаций сопоставлено с содержанием права на самооборону суверенных государств. Определена сфера практического применения права на самооборону международными организациями. ; У роботі надано тлумачення ст. 21 Проекту статей про відповідальність міжнародних організацій, що був прийнятий Комісією міжнародного права ООН у 2011 р., який передбачає право на самооборону, як одну із підстав, що виключають їх протиправну поведінку на міжнародній арені. Зміст права на самооборону міжнародних організацій зіставлений зі змістом права на самооборону суверенних держав. Визначено сферу практичного застосування права на самооборону міжнародними організаціями.

The article is devoted to the study of one of the grounds for exemption from responsibility of international intergovernmental organizations - self-defense. It is provided by Art. 21 Draft articles on the Responsibility of international organizations, adopted by the UN International Law Commission in 2011. The wording of the norm significantly differs from the relevant provision providing a similar right to sovereign states. In particular, it states that "The wrongfulness of an act of an international organization is precluded if and to the extent that the act constitutes a lawful measure of self-defence under international law". It does not have a direct reference to the United Nations Charter, which is contained in Art. 21 Draft Articles on the Responsibility of the States in 2001. Currently there are no international agreements that envisage the right to self-defense of international organizations. Consequently, the basis for its application can be only an international law custom. Defining it is a complex scientific issue. Present analysis is based on the legal nature of international organizations. It is pointed out that, unlike sovereign states, they do not have their own territory, which in the vast majority of cases is the main purpose of military attacks by aggressor countries. Consequently, the grounds for applying the right to self-defense of international organizations are quite limited. They are mainly related to the negative circumstances in which police and peacekeeping units operate acting on the mandate of the relevant international organization and on its behalf. In other cases, international organizations are protected by agreements with the states on its territory their headquarters are located, where the guarantees of their safety and integrity are expressly provided. It is pointed out that it is highly likely that some of new means of direct and indirect intervention that are already being used to interfere in internal and external affairs of states will probably be applied to international organizations in the future. ; В статье даётся толкование ст. 21 Проекта статей об ответственности международных организаций, принятого Комиссией международного права ООН в 2011 г., предусматривающей право на самооборону как одно из условий, исключающих их противоправное поведение на международной арене. Содержание права на самооборону международных организаций сопоставлено с содержанием права на самооборону суверенных государств. Определена сфера практического применения права на самооборону международными организациями. ; У роботі надано тлумачення ст. 21 Проекту статей про відповідальність міжнародних організацій, що був прийнятий Комісією міжнародного права ООН у 2011 р., який передбачає право на самооборону, як одну із підстав, що виключають їх протиправну поведінку на міжнародній арені. Зміст права на самооборону міжнародних організацій зіставлений зі змістом права на самооборону суверенних держав. Визначено сферу практичного застосування права на самооборону міжнародними організаціями.

The article is devoted to the study of one of the grounds for exemption from responsibility of international intergovernmental organizations - self-defense. It is provided by Art. 21 Draft articles on the Responsibility of international organizations, adopted by the UN International Law Commission in 2011. The wording of the norm significantly differs from the relevant provision providing a similar right to sovereign states. In particular, it states that "The wrongfulness of an act of an international organization is precluded if and to the extent that the act constitutes a lawful measure of self-defence under international law". It does not have a direct reference to the United Nations Charter, which is contained in Art. 21 Draft Articles on the Responsibility of the States in 2001. Currently there are no international agreements that envisage the right to self-defense of international organizations. Consequently, the basis for its application can be only an international law custom. Defining it is a complex scientific issue. Present analysis is based on the legal nature of international organizations. It is pointed out that, unlike sovereign states, they do not have their own territory, which in the vast majority of cases is the main purpose of military attacks by aggressor countries. Consequently, the grounds for applying the right to self-defense of international organizations are quite limited. They are mainly related to the negative circumstances in which police and peacekeeping units operate acting on the mandate of the relevant international organization and on its behalf. In other cases, international organizations are protected by agreements with the states on its territory their headquarters are located, where the guarantees of their safety and integrity are expressly provided. It is pointed out that it is highly likely that some of new means of direct and indirect intervention that are already being used to interfere in internal and external affairs of states will probably be applied to international organizations in the future. ; В статье даётся толкование ст. 21 Проекта статей об ответственности международных организаций, принятого Комиссией международного права ООН в 2011 г., предусматривающей право на самооборону как одно из условий, исключающих их противоправное поведение на международной арене. Содержание права на самооборону международных организаций сопоставлено с содержанием права на самооборону суверенных государств. Определена сфера практического применения права на самооборону международными организациями. ; У роботі надано тлумачення ст. 21 Проекту статей про відповідальність міжнародних організацій, що був прийнятий Комісією міжнародного права ООН у 2011 р., який передбачає право на самооборону, як одну із підстав, що виключають їх протиправну поведінку на міжнародній арені. Зміст права на самооборону міжнародних організацій зіставлений зі змістом права на самооборону суверенних держав. Визначено сферу практичного застосування права на самооборону міжнародними організаціями.

Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.

Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it's impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of existing laws generates even more drawbacks than it in the end covers. There is potential for future development however. States are inclined to negotiate and, even as we speak, are attempting at creation of a cyber warfare regulating treaty. The thesis concludes that current international law is not adequate in order to be applicable to cyber warfare and even in areas where it can afford minimal protection, potential for abuse exists. The criteria and standards which were appropriate to conventional warfare and armed conflict are outdated. At least a global understanding on the terms used to define cyber warfare and related terms would be a good starting point. A universally accepted convention would be the perfect solution.

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.

Civil law provides both general rules that provide the grounds and procedure for liability for damage to a person, and special grounds for bringing or release from such liability in the event that the person causing such damage carried them out in self-defense or extreme necessity. Therefore, it is important to clarify the specifics of civil liability of a person in the exercise of his right to self-defense and in a state of extreme necessity. The grounds and procedure for bringing a person to such responsibility are determined, the peculiarities of the subject composition are determined. A thorough study of the Civil Code of Ukraine to determine their compliance with the general principles of civil law and the need for appropriate changes and clarifications for proper legal regulation of grounds for liability and release from liability for damage caused by a person exercising his right to self-defense and in a state of extreme necessity . The development of civil legislation of Ukraine in terms of compensation for damage caused by a person in the exercise of his right to self-defense, in conditions of extreme necessity and necessary defense in order to identify gaps and contradictions and formulate proposals for recoding the Civil Code of Ukraine. The purpose of the study is to define the concept of self-defense and extreme necessity, as well as to determine the grounds and conditions of civil liability for damage caused by a person exercising his right to self-defense or in extreme necessity, as well as sanctions applied to a person. The object of the study is the legal relationship arising from the prosecution of a person who caused harm in a state of extreme necessity or in the exercise of his right to self-defense and the application of civil sanctions. To achieve this goal, the following methods were used: formal-legal to study the legal regulation of legal relations; analytical for the correct interpretation of the scope of legal content; system-structural to determine the legal nature of the studied legal relations; historical and legal for the analysis of the development of civil legislation; dialectical to identify contradictions in legal relations and legal regulation. It is noted that in determining the content of self-defense committed by a person, it is necessary to take into account the legal nature of legal relations, as the performance of self-defense actions of a legal nature are mainly contractual obligations, and self-defense actual actions – noncontractual obligations, including tort obligations. The prevailing position in civil science is that self-defense is a way of protecting civil rights and a non-jurisdictional form of realization of this protection. It is noted that self-defense can be carried out in the form of both factual and legal actions, which can be both legal and illegal. Manifestations of self-defense are measures of operational influence, which in science are called operational sanctions. They are designed to prevent specific offenses, usually in contractual obligations and can be applied by a unilaterally authorized person out of court. Varieties of such sanctions are unilateral withdrawal from the contract; unilateral termination of the obligation; actions of the commission agent, aimed at unilateral retention of the thing to be transferred to the principal, in order to ensure their claims under the contract; actions of the commission agent aimed at unilateral deduction of the amounts due to him under the contract, received by him for the principal. Illegal active and passive actions of self-defense can lead to harm to the life, health of the offender, his property, which can lead to prosecution of the person for the damage. The analysis of the norm of Art. 1169 of the CCU, which regulates liability for damage caused by a person in the exercise of his right to self-defense. It is noted that the norm of Part 2 of Art. 1169 of the Civil Code is formulated unsuccessfully, because it does not contain information about "another person" who was harmed by a person who carried out self-defense against unlawful encroachments, and therefore it is not clear who may be obliged to compensate him. In this regard, it is proposed to make appropriate changes to the norm under study in terms of clarifying the person who may be obliged to compensate, introducing the term "causer" of the damage along with the term in the article "person who committed an illegal act". As a general rule, damage caused by a person in cases of exercising his right to self-defense is reimbursed only if the limits of necessary defense are exceeded. In this case, the right to apply a sanction for damages has a person whose actions have become the basis for the application of self-defense. Damage caused to third parties in ways not prohibited by law and which do not contradict the moral principles of society, is compensated by the person who committed the illegal act, and in other cases – by the person who carried out self-defense. That is, in the first case, the third party has the right to apply sanctions for recovery. Keywords: sanctions, liability, protection, compensation for damage, tort, operational measures.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.