Suchergebnisse

An important consequence of the digitalization of the economy is the radical restructuring of the institutional landscape of human economic activity. Its key element is the rapid spread of the platform business model, which is achieved through competitive advantages over traditional hierarchical structures. In the new conditions, the transformation of their sources and tools of competition actualizes the task of reviewing the principles of state competition policy. The specifics of information (digital) platforms as an object of regulatory influence are determined, the principles of regulation in the digital economy are outlined, the role of IPs as regulatory intermediaries is indicated, the peculiarities of the state competition policy in the IP economy are highlighted. The directions of market positioning, sources of competitive advantages of digital platforms and their influence on the transformation of regulatory policy are considered. Emphasis is placed on the peculiarities of combining strict rules and general principles, diffuse monitoring and algorithmic control, the need to take into account the differences between B2B, B2C and P2P in the process of regulating the activities of platforms. The tools of their regulation are presented. The regulatory functions of digital platforms are defined and the key role of reputational tools as a means of regulation is substantiated. The preconditions and mechanisms of using digital platforms as regulatory intermediaries are analyzed. Examples of regulatory mediation are given. The areas of competition policy include support for the development of digital platforms, protection of competition and restriction of monopolization of markets formed by platforms, protection of competition in platform ecosystems. The focus is on the role of data as a specific factor of production and a resource for gaining competitive advantage in platform markets. The tools of prohibitions and obligations that can be used to restrict anti-competitive behavior are presented. The preconditions for the emergence and means of anticompetitive actions of structural (dominant) platforms are analyzed. Mergers and acquisitions are studied as an object of regulation of anticompetitive actions in the platform economy. The influence of platforming on the prospects of national competition policy development is considered.

In the short term, the measures of the Polish government in the process of European integration proved to be ineffective and did not allow to achieve the goal set by 2002: to strengthen the competitiveness of pharmaceutical companies. The implementation of EU standards and regulations, the adoption of the law on forms of support for innovation have created the basis for the government (co-financed by EU funds) to support research and development and innovation projects and launch the sectoral program InnoNeuroPharm, which, together with tax incentives for research and development and other activities politicians, gave positive impetus to business. With the accession to the EU, Polish pharmaceutical manufacturers have improved their economic results, but still lag far behind German manufacturers, in terms of both technological level and innovation activity, as well as in terms of productivity and wages. The development of the industry is hampered by a number of obstacles: lack of a clear strategy and lack of coordination between concerned authorities; lack of incentives to attract investment; human factor and "industrial corruption". In the process of European integration, Poland quickly managed to introduce top-down formal institutions, but the transformation of informal institutions continues today. One of the factors that caused falling behind and weak competitiveness of Ukrainian medicines is that European integration processes are aimed primarily at harmonizing the legislative and regulatory framework for pharmaceuticals production, rather than building the potential for endogenous development of the industry. It is noted that only the introduction of a purposeful comprehensive state policy of building "technological champions" in pharmaceuticals based on endogenous innovations can "convert" European integration processes into competitive Ukrainian products and bring them to European markets. It is substantiated that without mental and value changes, transformation of informal institutions and improvement of framework conditions for innovations, the country's benefits from European integration for the development of Ukrainian pharmaceuticals will be limited and unable to reduce the technological and economic gap with European industry leaders.

The global COVID-19 pandemic, which has caused a shortage of medicines and medical products, as well as pharmaceutical products, especially active pharmaceutical ingredients, has demonstrated Ukraine's unpreparedness to face such challenges and threats. This encourages the search for effective mechanisms to reduce vulnerability, ensure stability and develop pharmaceutical activities. The purpose of the article is to draw on the experience of the European Union to justify the need to introduce measures of the policy of stimulating the development of pharmaceuticals in Ukraine in order to reduce the dependence of the sector and the healthcare system on imports. To achieve the goal of the article, the authors used analysis and synthesis, logic-dialectic and comparative analysis methods. The article shows the nature and extent of existing dependencies of pharmaceutical production; and identifies features of the EU policy. The EU has been found to have a long history of prioritising and promoting pharmaceutical industry. It is shown that the new EU strategic documents adopted in response to the COVID-19 crisis have laid the foundation for the elimination of the industry's vulnerabilities and external trade dependencies. For the first time, a conceptual approach to the formation of a dualist state policy and strategy for the development of Ukraine's high-tech pharmaceutical production was proposed, which is based on synergies and complementary policies between drug policy and industrial policy. This approach is aimed both at stimulating the development and production of new pharmaceuticals based on advanced technologies and reducing the dependence of this country's healthcare system on imports. Also, the approach aims at enhancing the competitiveness of pharmaceutical production, increased localization through the use of locally produced products, intensifying related activities, ensuring stability of supply of pharmaceutical products and transforming the industry into a strategic asset of growth of the economy, employment, and national security. The authors propose a conceptual approach to defining the priorities and programme tasks of the policy for the development of Ukrainian high-technology pharmaceutical production based on the principles of multi-dimensionality and comprehensiveness, and covering the development and production not only of medicines and medical products, but also of pharmaceutical ingredients (chemical and biotechnological), fillers and packaging materials, equipment and apparatus for pharmaceutical production. The principles of the formation of a strategy for the development of the high-tech pharmaceutical production of Ukraine are justified based on the balance of interests of consumers and producers of pharmaceutical goods with the interests of the State, based on its following goals: to care for the health of the nation, ensure an efficient economic system and social stability; promote the emergence of new effective drugs based on advanced technologies; and reduce dependence on imports and threats to national security.

The article reveals the features of state protection and security of persons participating in criminal proceedings, according to the legislation of Ukraine. It was found that the legal foundations of state protection and security of persons involved in criminal proceedings, in Ukraine are governed by the provisions of regulatory documents, in particular, such as: a) the Law of Ukraine «On ensuring the safety of persons participating in criminal proceedings»; b) the Law of Ukraine «On State Protection of Employees of the Court and Law Enforcement Agencies»; c) Resolution of the Plenum of the Supreme Court of Ukraine «On the application of legislation, which provides for state protection of judges, employees of the court and law enforcement agencies and persons involved in legal proceedings»; d) Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of judges and persons who participate in the implementation of legal proceedings»; e) Recommendation No. R(97) 13 of the Committee of Ministers of the Council of Europe to Member States Concerning Intimidation of Witnesses and the Rights of the Defence, adopted by the Committee of Ministers on 10 September 1997 at the 600th meeting of the Ministers' Deputies; f) Recommendation Rec (2005) 9 of the Committee of Ministers of the Council of Europe to member states on the protection of witnesses and collaborators of justice, adopted by the Committee of Ministers of the Council of Europe on 20 April 2005 at the 924th meeting of the Ministers' Deputies. It has been established that the right to protection and security through the use of special measures has the persons who made a statement to the relevant law enforcement agency about a criminal offense, persons who otherwise participated in criminal proceedings, the victim (victims) or his representative (representatives) in criminal proceedings, an accused, a suspect, legal representatives and defenders, a civil plaintiff and a civil defendant, as well as their representatives in a case for compensation for damage caused as a result of a criminal offense, a representative of a legal entity in respect of which the proceedings are being carried out, employees of the probation body, witness, accuser, specialist, expert, attesting witness and translator, family members and close relatives of the above persons, in order to prevent influence on the actions and testimonies of participants in criminal proceedings. It has been determined that the authorities responsible for ensuring the safety of persons involved in legal proceedings, in particular in criminal proceedings, are the state bodies of Ukraine, which make appropriate decisions on the application of security measures, as well as directly implement security measures. It is noted that the prospects for further research in this direction are the study of the features of the witness protection program in Ukraine and its improvement, taking into account foreign experience, in particular the USA experience in this direction.

The article reveals the features of judicial protection as one of the key guarantees of the activities of courts in Ukraine. It has been established that the peculiarities of judicial protection as one of the key guarantees of the activities of courts in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On state protection of employees of the court and law enforcement agencies», the Law of Ukraine «On the National Police», the Law of Ukraine «On the judicial system and the status of judges», by the decision of the High Council of Justice «On approval of the Regulations on the Judicial Protection Service», by the Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of courts and persons involved in the implementation of legal proceedings». It was determined that, in addition to the Judicial Protection Service, security functions are performed by units of the National Police of Ukraine and units of the National Guard of Ukraine. It was found that the Judicial Protection Service is a state body that functions in the justice system and whose main task is to ensure the protection and maintenance of proper order in the courts. It has been established that the Judicial Protection Service is subordinate to the High Council of Justice, and the State Judicial Administration of Ukraine controls the activities of the Judicial Protection Service. It was determined that the procedure for the passage of service by employees of the Judicial Protection Service is established in accordance with the procedure approved by the High Council of Justice, moreover, on the proposal of the Head of the Judicial Protection Service and in agreement with the State Judicial Administration of Ukraine. It was found that the safety of judges, as well as the protection of court buildings, is one of the main guarantees of the independence of judges and the justice system as a whole. It has been established that in order to increase the effectiveness of judicial protection, initiated cooperation has been established with the Ukrainian-Canadian Judicial Reform Support Project, as well as have been developed and implemented the Ukrainian-Canadian Judicial Reform Support Project and the European Union «Law-Justice» Project . It is noted that the structure of the Judicial Protection Service consists of the central governing body and territorial offices of the Service. It is proposed in the perspective of further research to reveal the legal features of the procedure for admission to the position of candidates for service in the Judicial Protection Service.

The article reveals the peculiarities of the observance and implementation of the principle of the rule of law in the judicial practice of Ukraine. It was established that the implementation of the rule of law is regulated by the Resolution of the Plenum of the Supreme Court of Ukraine «On a Court Decision in a Civil Case», the Law of Ukraine «On the Judiciary and the Status of Judges» and the Constitution of Ukraine. It has been established that the principle of the rule of law is one of the main principles of a democratic society. It has been established that the problem of observance of the principle of the rule of law in the judicial practice of Ukraine is of a complex nature, and it can be solved only through the implementation of a comprehensive judicial and legal reform. It has been established that in the context of observing the rule of law in Ukraine, the experience of the European Court of Human Rights should be implemented. It has been established that the implementation of the principle of the rule of law occurs through the implementation of the principle of legal certainty, the principle of juridical certainty, the principle of justice, the principle of equality, the principle of clarity and unambiguity of the legal norm, the principle of proportionality, the principle of predictability. It has been proven that in the context of the administration of justice, the court must comply with the principle of the rule of law, as well as ensure the right of everyone to a fair trial, to ensure respect for everyone, as well as other rights and freedoms defined by legislative and regulatory documents. It has been established that one of the main principles for the implementation of the principle of the rule of law is the implementation of changes in legislation in order to establish an appropriate transitional period (that is, a reasonable period between the date of the official promulgation of the law and the date of entry into force of the law). It was determined that the implementation of the principle of the rule of law indicates the limited nature of public authorities in actions, primarily those regulated by law, and the main goal of the principle of the rule of law is to limit state power over everyone, as a result of which the rights of everyone should be properly ensured against arbitrary (and at the same time inappropriate) interference of the state or public authorities, in particular, in the relevant spheres of life of everyone. It is noted that the prospects for further research in this direction are the study of the legal foundations of other principles that guide the activities of the judicial authorities of Ukraine.