Suchergebnisse

The article is based on the existing law doctrine of division of law into private and public. The author analyses the influence of the doctrine on the relationships that arise in the financial services markets. The author takes into account the results of researches conducted by domestic and foreign scholars, which were carried out in the field of law and economics. The author uses general scientific and special methods as those that form the basis of the work. The research substantiates that objectively the doctrine dividing law into private and public does not exist. Doctrine is the product of a sociocultural interpretation of the researcher's thinking process. At the same time, the doctrine is naturally refers to the structure of the financial market. The author analyses the internal mechanism of circulation of cash flows and settlements in the global financial market. This analysis is the empirical basis for the research and subsequent theoretical understanding. The author proves that the concept of separation of rights into private and public law is not a universal concept that is inherent in all countries. The doctrine is fundamental only in the countries with Romano-Germanic legal system. The idea of dividing law into private and public was not reflected at the doctrine level in the countries with Anglo-Saxon legal system. The problem of the substitution of concepts was enrooted directly in the very doctrine of law, which existed in Soviet times. It was connected with the absence of the concept of "private law" in the Soviet legal thinking. The idea of social justice changes beyond recognition in the direction of public law. The author focuses on the issue of how to ensure the sustainable development of the financial system and its main institutions (structures) using the theoretical concept of dividing law into private and public. The author emphasizes the need to take into account the diversity of legal understanding of the financial market as a social phenomenon. The research methodology should be as appropriate as possible to the research object. The idea of social justice should act as a regulator of mutual relations between members of society. Practical activity in the financial markets in the modern world tends to converge. Public law assumes the fulfilment of a social function. Therefore, the author comes to the conclusion that law is a means of reaching a compromise between members of society, provided that individual freedom is preserved and there is no need to oppose private law to public law. The author proves that European political and legal standards are built on such postulates, particularly concerning the field of calculations. Keywords: financial system, financial services markets, settlement relations, the doctrine of separation of rights into private and public.

The paper deals with the study of Ukrainian constitutionalism and its development during the restoration of Ukraine's independence. The category of "constitutionalism" is a topical issue in legal doctrine, and it is analysed concerning various aspects in constitutional law and the theory and history of law. Constitutionalism is a universal concept that contains the basic principles and values, but a certain specificity of this term has its own feature regarding the example of a particular state. That is why the category of "constitutionalism" is an actual topic. The article aims to examine constitutionalism and its features in Ukrainian legal system. The author places special emphasis on the period of restoration of Ukraine's independence. The independence of Ukraine influences the peculiarities of the development of Ukrainian constitutionalism, which derives from the European model of constitutionalism. The Constitution of Ukraine is an important object of analysis of the specifics of Ukrainian constitutionalism. The author determines that the Constitution of Ukraine enshrines independence as the basis of the constitutional order. Article 1 of the Constitution of Ukraine states that Ukraine is an independent state and the Constitutional Court of Ukraine's practice reveals the essence of independence as a constitutional value and a constitutional principle. The author uses systematic, structural, and comparative legal methods as a complex approach to obtaining the results of the research. Finally, the research contains the conclusions that enable the author to provoke the motivation for studying the outlined topic in other scientific works. The paper aims at contributing to the growing research highlighting the current issues of Ukrainian constitutionalism. Keywords: constitutionalism, Ukrainian constitutionalism, independence, restoration of independence of Ukraine, Constitution of Ukraine.

Purpose: To test the hypothesis of the relationship between the degree of business greening on the basis of a circular economy and indicators that determine the level of international tourism attractiveness of European countries in the context of sustainable tourism. Findings: The author puts forward a hypothesis about the existence of a stable relationship between the business greening degree, which based on the principles of a circular economy, and the level of tourist attractiveness of the country. Based on the analysis of the basic provisions of the circular economy concept and the principles of sustainable development, the author provides a theoretical substantiation of this relationship. The author testes the hypothesis by clustering European countries according to the Environmental Performance Index and, based on correlation analysis, determines a close relationship between economic and environmental indicators within each of the clusters. Calculations show that in some regions of Europe there is a positive impact of the spread of the circular economy on the intensification of migration flows to the country. Practical Implications: The results of the research can be used in the practice of international companies when justifying the feasibility of investments in circular projects and programs for the transition to environmental development of territories, as well as for public administration in the development of a positive tourist image of the country. Originality/Value: For the first time, the author proposes a methodological approach to assessing the tourist attractiveness of a country in the context of business greening based on a circular economy. Future Research: Image-making of territories based on a circular economy, systematization of world experience in tourist consumption greening, the formation of tourist clusters in countries with a high level of development of the circular economy. Paper type: Empirical

The article studies the process of constitutionalization of associative relations between Ukraine and the European Union. The author distinguishes and reveals two significant aspects of this process, namely meaningful and implementing. It is determined that meaningful constitutionalization by its essence is the constitutional modernization, where the meaningful updating of the Constitutional provisions is made in order to form the constitutional pillars for further democratization of social and political life in Ukraine, the approximation of the national political and legal system in accordance with the European values and principles, the improvement of the internal legal framework. The implementing aspect of constitutionalization means the purposeful formation of constitutional preconditions for the implementation of Association Agreement's provisions to the national legal system. The author stipulates that the fulfillment of both meaningful and implementing aspects of constitutionalization of Ukraine's association with the EU shall be implemented mainly by incorporating of this process directly into the context of the constitutional reform in Ukraine. The special attention is paid to certain problems of the reformation of the Constitution of Ukraine ensuring the European integration. The author expresses the critical reservations related to the amendments to the Constitution with the provisions of strategic orientation of Ukraine for the long term perspective.

This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.

The article is dedicated to the issues of legal medical sphere regulation in Ukraine. The purpose of the article is to study current issues of improving the Ukrainian legislation in the field of health care, to identify existing problems and outline the ways to solve them.The study of legal phenomena and legal categories was carried out through using general and special legal methods of cognition, namely: classification method, modeling, specific-statistical, systematical-structural, comparative-legal, formal-legal, dialectical and other methods of scientific analysis according to the research subject. Conclusions. The article asserts that for the effective reform of the medical sector and for sufficient protection of legal entities' rights and freedoms in the health care field, a high-quality regulatory framework is needed. It has been proven that the improvement of the current healthcare legislation is complicated by the complex essence of legal relations in this area and the lack of a clear and systematic approach. It is substantiated the expediency of passing the special consolidated legislative act with a clear internal structure – the Medical Code of Ukraine. The author proposes to amend provisions regulating the protection of personal data, epidemiological surveillance and infection control. The adoption of the law on medical self-government and development of modern industry standards for medical care is substantiated. The problems of industry staffing, as well as the lack of strategic documents for the training for health workers and imperfect instructions for managers of several health care institutions are analyzed. The author also identifies the main problems of personnel policy in the healthcare. The author specifies the necessity to unite the efforts of scientists and practitioners in the medicine and jurisprudence for solving all the individual problems on improving the regulatory framework in the field of health care. Keywords: medical reform, healthcare, regulatory act, legislation, Medical code, medical self-government, medical standard, COVID-19, declaration.

The article considers issues related to the phenomenon of the Ukrainian Diaspora and presented from a historical and theoretical point of view. Stories related to the emergence and transformation of certain components of the Diaspora are briefly analyzed and outlined. Cases of transformation of the population of Ukrainian ethnic lands outside the Ukrainian state or territories of diffuse settlement into the Diaspora in this country are described. A theoretically and practically important question has been raised: how much historical time is needed for the territories occupied by Ukrainian settlers to be considered Ukrainian ethnic territories. Another important question is when the Ukrainian Diaspora began to form. The author of the article believes that the Diaspora begins to form after the beginning of the formation of the modern Ukrainian nation, when social barriers between different groups of society become less important than the affiliation of all these groups to one nation. The article argues that in the twentieth century all Ukrainians living outside the UkrSSR belonged to the Ukrainian Diaspora and raises the question of whether Ukrainian seasonal workers and students and doctoral students from foreign universities belong to the Diaspora. The article pays special attention to the conflicts that have taken place and are taking place today with Ukrainians on ethnic lands and the Ukrainian Diaspora in the Russian Federation. Finally, the author raises the issue of the status of non-ethnic immigrants from Ukraine abroad in this case, if they do not sever ties with their homeland and support the Ukrainian state.

The review of Vladimir Gorbulin's book "How Russia Will Defeat in the War of the Future" analyzes the main theoretical and practical tasks set by the author before the Ukrainian state and society, aimed at overcoming such a strong and extremely dangerous enemy for independent Ukraine as Putin's Russia. Academician Gorbulin's book immediately became a bestseller in Ukraine and gained notoriety abroad. It is one of the most serious studies of the problems facing the Ukrainian state and nation today, as well as a de facto "road map" for Ukraine in the war against Russia, which can create conditions for victory and independence and freedom from the sinister aggressor - the Kremlin neo-empire.

The study focuses on both theoretical and applied aspects of evidentiary law. The subject of this study is the legal institution of admissibility of evidence in criminal proceedings, as well as the legal mechanism for declaring evidence inadmissible. The author relies on the constitutional postulate (Part 3 of Article 62 of the Constitution of Ukraine) according to which the accusation cannot be based on evidence obtained illegally, as well as on assumptions. Based on this constitutional imperative, it is stated that the prosecution has no right to form charges and go to court if the accusation is based on illegal evidence or subjective assumptions, and emphasizes that the subject who forms the prosecution must operate on legal evidence. Thus, a legal contradiction is revealed between the provisions of the Constitution of Ukraine and Part 2 of Article 23 of the CPC of Ukraine regarding the legal nature of evidence in the pre-trial investigation. Given that according to the domestic legal structure, factual data must be recognized as evidence at the stage of pre-trial investigation, there is a legal need to guarantee the right of a person to a fair trial, the introduction of a clear mechanism for verifying factual data for admissibility at the stage of pre-trial investigation. The author argues that such a mechanism should provide effective tools for self-control and neutralization of illegal sources of factual data by both the prosecuting authorities and the court, during the implementation of judicial control over pre-trial investigation in making key decisions to restrict guaranteed rights and freedoms. Keywords: evidence, accusation, suspicion, admissibility of evidence, exclusion from evidence.

The author of the article shows that the term «Diaspora» is often found in foreign scientific circulation. Scientists are gradually introducing new understandings and meanings into the content of the concept of «Diaspora». The definition of «Diaspora» is based on various criteria and characteristics - ethnic, religious, economic, political, etc. And although this word was used in the distant past, however, fundamental developments regarding the concept of «Diaspora» appeared relatively long ago. In the 90s of the twentieth century, a large number of different definitions and typologies of diasporas were proposed, even a new discipline was formed – Diaspora studies. It was during this period that the use of terms such as «Diaspora» and «transnationalism» increased. The author emphasizes the importance of research by such foreign scientists as John A. Armstrong, Rogers Brubaker, Michel Bruneau, Nicholas Van Hear, Milton J. Esman, James Clifford, Robin Cohen, Alain Medam, William Safran, Valeriy Tishkov, Thomas Faist, Gabriel Sheffer. Analyzes the well-known works of these authors regarding the definition of the concept of «Diaspora» and its types. Draws attention to the fact that diasporas today are not only historically formed communities that live outside the country of origin and adhere to ethnocultural traditions. These are certain forces of influence on the authorities of the country of residence and a political instrument in the international arena.
The development of modern technologies, expanded access to cyberspace has also affected the functioning of the diasporas. These changes were reflected in new terms – «e-diasporas», «net-diasporas», «web-diasporas», «Onlinediasporas», «digital diasporas». Proves the need for a clear definition of the concept of «Diaspora», because the process of Diaspora takes on new forms and the influence of diasporas is increasing both in the countries of residence and in the countries of origin. The lack of a definition of the specified period directs scientists to further study the problem.

The article deals with the analysis of the concept of the enforcement of judgments as the manifestation of differentiation of the executive procedural form. It is stipulated that the executive procedural form in the execution of court decisions and decisions of other authorities is not the same for all enforcement proceedings. The executor and other participants of the enforcement proceeding perform different functions in the enforcement proceeding. It is suggested that in the enforcement process the measures for the enforcement of judgment, stipulated by the legislation on enforcement proceedings are the most striking manifestation of the executive procedural form. In legal studies the concept of the measures for the enforcement of judgments remains controversial. The author distinguishes three approaches to understanding of this concept, he calls them substantive-legal, substantive-procedural and procedural. According to the substantive-legal approach, measures for enforcement of judgments are a sanction for non-compliance. Under the substantive-procedural approach, measures for the enforcement of judgments are the means of implementation of sanctions. Based on the procedural approach, measures for enforcement of judgments are considered as a set of procedural actions to enforce the decision. It is concluded that each of these approaches is justified and all of them together characterize the measures for enforcement of judgments as a multifaceted phenomenon. The article focuses on more detailed analysis on the enforcement of judgments in procedural sense. It is proved that the measures for the enforcement of judgments are a category that differentiates the executive procedural form. These measures are a certain procedural pattern of enforcement, a distinct set of procedural actions, connected with the enforcement of different decisions. Every writ of execution should be performed within the frames of a certain measure for the enforcement of judgments. As the result of the research the author formulates his own definitions of the measures for the enforcement of judgments.

The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.

The article is devoted to the study of anti-Soviet resistance in Belarus in the 1920s and 1930s. For the last twenty years this topic has been silenced in the official scientific publications of the Republic of Belarus. Most documents on armed anti-Soviet resistance are kept in the KGB archives, to which a researcher in the Republic of Belarus has limited access. The author analyzes the participation of the Belarusian population in anti-Soviet local armed conflicts. The vast majority of actions of the Bolshevik government brutally violated the traditional way of life, which caused outrage among the Belarusian population, which grew into armed forms of protection of property and dignity. On the basis of archival materials the activity of insurgent detachments is revealed. In the period 1919–1923, 1925–26, 1930–1931. the actions of armed peasants and intellectuals in Soviet Belarus had a clear political context.
For the purposes of the insurgent detachments, anti-Soviet units, which fought for the elimination of Soviet power, and Belarusian national units, which sought to create an independent Belarusian state, are nominated - these are the organizations "Biloruske bratstvo", "Za Batkivshchynu", "Zelenyy Dub". They had a military structure, interacted with each other, enjoyed the broad support of the population. They were attended not only by Belarusians but also by Ukrainians, both of local origin and those who found themselves in Belarus. The article shows the fighting destiny of the insurgent leaders Mefodiy Karatkevich, Vasil Shevchenko, Mikhail Bakun, Fyodor Shatsko. On the part of the Soviet authorities, the main method of combating the insurgent movement was to use force. The author concludes that a fairly large part of the population of Belarus did not perceive the Soviet state as their own and interpreted the Bolshevik government as aggressive and not legitimate. The massive anti-Soviet armed resistance ended both under the influence of the transition to a new economic policy and the forced destruction of the most conscious and hardworking part of the Belarusian population.

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

The purpose of the article is to study current issues of regulation of family relations under the marriage contract, to define the concept and content of the marriage contract in the light of new trends in notarial and judicial practice of Ukraine. For this research a number of general scientific and specific legal methods have been used, namely analysis of the legal issues, judicial categories, applied comparative-legal, systematic- structural, formal-logical methods and etc.. The author proposes a systematic approach to the study of problems of changing legal regimes of marital property under the marriage contract. It is based on the author's understanding of the concept and the legal nature of "legal property regime" in science of civil and family law of Ukraine, and analysis of the existing judicial practice within mentioned-above sphere. The notion "change the legal regime of marital property" and "change of property types" are not identical in content. The change of the legal regime of the spouses' property does not provide for the transfer of ownership of this property. It is proved that the legal regime of the property of spouses under a marriage contract can be changed only regarding the property, which will be acquired in the future. The effect of legal regime of separate property on the property, which was acquired by spouses in marriage (common property) is in contradiction with part 5, article 93 of the Civil Code of Ukraine. In this case there is actually a transfer of ownership. It is proposed to expand the range of legal relations that can be regulated by a marriage contract, namely: to include not only property but also personal non-property relations of brides and spouses. The author also proposes the definition of marriage contract as a legal instrument between spouses or fiancé and fiancée, which determines their property and personal none-property rights and obligations, in particular, regarding the establishment (change) of legal regime of future property, the regulation of its usage and dispossession, division of revenues and expenses and their property and personal non-property rights as parents in marriage and (or) in case of divorce. Keywords: family law, marriage contract, legal regime of spouses' property, joint common ownership, joint partial ownership, regime of separate property of spouses, regime of common property of spouses.