Suchergebnisse

The article deals with the heuristic potential of the sociological theory by Giovanni Arrighi in the study of the dynamic aspect of the formation and maintenance of global inequality systems. To achieve the goal – to analyze the applicability of the dynamic aspect of the theory to study the mentioned topic – the changes of systemic cycles of accumulation and hegemony is analyzed. Special attention is paid to transitional points in which a hegemony crisis occurs and one cycle is being replaced by another, after which one can observe the hegemony transit. The cases (Genoa, Amsterdam, United Kingdom, USA) that Giovanni Arrighi selects to illustrate the cyclical nature of the historical development of world capitalism and the financialization character of these processes are being considered. The article studies the method of how G. Arrighi applies the Marxian formula of capital accumulation (M-C-M') to the description of the mechanism for changing accumulation cycles; its potential for studying this process is analyzed. The distinctive features of the development process of accumulation cycles are studied: movement towards the formation of a stronger cosmopolitan empire, historical and geographical conditionality, double movement forward and backward. In the final part, possible vectors of the future development of the world order and the formation of new global inequality systems according to G. Arrighi's vision are examined. Particular attention is paid to the role of transnational corporations in the expansion of world capitalism. The result of the work is a critical analysis of G. Arrighi's theory, which determines the strengths and weaknesses in the study of a chosen subject, and also identifies potential areas for further research. An attempt is made to apply the dynamic aspect of the concept to explain the nature and functions of global systems of inequality.

The article examines the features of the legal status of pharmaceutical workers and determines the place of pharmaceutical activity in the field of health care. Pharmaceutical workers are considered as a separate category of health workers, along with medical workers and workers working in the field of rehabilitation. The qualification requirements to pharmaceutical workers fixed by the legislation depending on the sphere and type of pharmaceutical activity are determined. Pharmaceutical workers include professionals and specialists who work on the basis of an employment contract in the field of production, wholesale (retail) and import of medicines and meet the licensing and other regulatory requirements governing the organization and operation of pharmaceutical activities. Some licensing conditions for the implementation of various types of pharmaceutical activities and the relationship of their standards with other regulations are investigated. The need to improve the current legislation in the field of regulation of pharmaceutical relations and the development of effective legal mechanisms to ensure effective control over such activities is pointed out. It is necessary to adopt a special law on pharmaceutical activities; legislative definition of pharmaceutical activity with its main features; legislative definition of all main types of pharmaceutical activity, conditions of its implementation and subjects; detailed regulation of the legal and labor status of pharmaceutical workers. Particular attention and control should be paid to determining the qualifications of pharmaceutical workers, supporting their continuing professional education and establishing quality control over the quality of their work.

The article explores the court fees related to the execution of court orders, which are addressed to the competent authorities of foreign states in civil cases with a foreign element. The Civil Procedure Code of Ukraine does not state that the costs associated with the execution of court orders, addressed to the competent authorities of foreign states, are court fees. Therefore, the questions on which of the above fees can be attributed to the courts fees and the procedure for their reimbursement are raised. The importance of clarifying these issues requires the application of the uniform approaches to such cases consideration in Ukrainian courts. It is determined as the main purpose of this article. The case-law shows that in most cases where a court needs to apply to a competent authority of a foreign state, the person concerned must pay for the certified translation of the statement of claim and the attached documents into the official language of the requested state and pay for service of documents. In our conclusions, we propose to divide the court fees associated with the execution of court orders addressed to the competent authorities of foreign states, depending on the procedural actions that are being carried out, and to include the fees associated with the execution of court orders addressed to the competent authorities of foreign states, to the fees associated with the case, namely to the fees associated with other procedural acts necessary to the case consideration or to prepare for its consideration, which will ensure the right of the interested party to reimburse such fees in future.

The article examines the main components of professional activity as a sign of labour relations. The importance of labour law and its mechanisms in the field of maintaining the appropriate professional level of employees in performing their duties is established. The connection of labour law norms with the norms of education legislation is substantiated, the importance of professional standards in its formation is determined. Maintaining the proper professional qualification level of employees is recognized as a special and important function of labour law, which leads to the expansion of the subject of labour law and the emergence of new institutions of labour law. The result of proper provision of labour law to perform work on a professional basis is to obtain a quality material and intellectual product for a wide range of consumers.

The article examines the current state of the Association Agreement implementation in terms of national legislation on climate change and the protection of the ozone layer compliance with the requirements of the EU legal acts listed in Annex XXX to Chapter 6 "Environment" of that Agreement. Under the Association Agreement, such harmonization entails the need to bring national legislation into line with Directive № 2003/87/EC establishing a Community greenhouse gas emissions trading scheme by September 1, 2019 and amending Directive № 96/61/EC ~ 18 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 as amended by Directive № 2004/101/EC; Regulation (EC) № 842/2006 on certain fluorinated greenhouse gases; Regulation (EU) № 2037/2000 on substances that deplete the ozone layer, as amended and the amendments made by the Regulation (EU) №№ 2038/2000, (EU) 2039/2000, (EU) 1804/2003, (EU) 2077/2004, (EU) 29/2006, (EU) 1366/2006, (EU) 1784/2006, (EC) 1791/2006 and (EC) 2007/899, and Decisions №№ 2003/160 /EC, 2004/232/EC and 2007/54 /EC. The analysis of the national legislation shows that Ukraine as a whole fulfilled its obligations to adapt national legislation to the EU legislation in terms of setting up a monitoring system, reporting and verification of greenhouse gas emissions. The Law of Ukraine "On the Basics of Monitoring, Reporting and Verification of Greenhouse Gas Emissions" was adopted on 12 December 2019. The law comes into force on 1 January 2021. At the same time, it is necessary to adopt by-laws to ensure the effectiveness of the provisions of the aforementioned Law, since as of 1 April 2020 no legislative act has been adopted in its development. Ukraine has also fully fulfilled its obligations to implement the provisions of Regulation (EC) № 2037/2000 on substances that deplete the ozone layer and the provisions of Regulation (EC) № 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases. The Law of Ukraine "On Regulation of Economic Activity with Ozone-Depleting Substances and Fluorinated Greenhouse Gases" was adopted on 12 December 1 2019. The law comes into force on 27 June 2020. The article proves that the legal acts, necessary to introduce internal greenhouse gas emission allowance trading scheme and other market and non-market greenhouse gas emission reduction instruments of these gases in accordance with Ukraine's obligations under the Association Agreement have not yet been adopted. Also there is the necessity to make amendments to the Regulation on the Interagency Commission on Implementation of the United Nations Framework Convention on Climate Change, approved by the Cabinet of Ministers of Ukraine Decree № 583 of April 14, 1999, to extend its tasks in accordance with the provisions of the Paris Agreement. Keywords: the Association Agreement; climate and ozone protection; fluorinated greenhouse gases; monitoring of greenhouse gas emissions; ozone-depleting substances; reporting of greenhouse gas emissions; verification of greenhouse gas emissions.

The article analyzes various forms of protection of the rights of individuals to compensation for harm caused by a medical specialist, which are used in different countries around the world. In particular, special attention is paid to those approaches to pre-trial and out-of-court dispute resolution arising from patient harm relationships used in the United States. Among the most common ways of resolving such disputes are seeking help from a separate body or unit of a medical institution (risk management), mediation and negotiations in medical disputes, pre-trial inspections ("screening panels"), which allow to find a more compromise way to protect individual rights, affected by the actions of medical specialist. Accordingly, the first part of the article carries out a terminological analysis of the category "relationship of harm to a health worker" and the search for the closest term ("medical malpractice"), which allows for research in English-language scientific sources. The second part of the article is devoted to the analysis and generalization of the methods used in the practice of other countries to compensate for damage caused by a medical specialist (medical malpractice). The last part of the article analyzes the Ukrainian legislation and practice of national courts, which showed that in cases of compensation for damage caused by a medical specialist, there are no common approaches and single law approaches. In particular, attention is paid to the procedure for assessing the quality of medical services provided in 2016 by clinical expert commissions of the Ministry of Health of Ukraine. The study provided an opportunity to justify in the conclusions the need and feasibility of introducing additional out-of-court methods of resolving disputes arising from the relationship of harm to medical workers.

The interrelation of an enterprise strategy and the factors of successful implementation of the projects at an enterprise, and primarily, the compatibility of the parameters of projects with an internal environment of an enterprise is a priori necessary. The process of formation of a portfolio of projects is quite complex, so it is advisable to consider general mathematical setting of the problem of formation of a portfolio of projects and to identify the main concepts, within which to carry out the main task of this study. The purpose of the study is to obtain a publicly available algorithm of optimal selection of the projects for the portfolio of an enterprise that will meet its overall development strategy and will not conflict with the set of resources that is already available. In the course of performing the set tasks, we applied scientific methods: comparison, generalization, mathematics and system analysis, mathematical similarities and simulation. The information basis of the study is the authors' designs relating to a portfolio analysis. The status of the tools and mechanisms of strategic management at a production enterprise was analyzed under conditions of competition and an enterprise development. It was revealed that at present there are many methods of selection of projects, but on the one hand, they are all incomplete, on the other, they possess complicated mathematics apparatus that makes it inaccessible for a wide application, which is why obtaining a simple approach is extremely necessary. The algorithm for the analysis of potential projects was proposed with the aim of their selection for the portfolio of an enterprise and further implementation. It was proposed to take into account the available resources of an enterprise and its current strategy. Applying this algorithm provides for the consistent analysis of the projects in order to identify possibilities of their implementation at a specific enterprise, taking into account the state of the enterprise's resources, for the coordination of the plan of implementation of the portfolio of projects with the plans of an enterprise during different levels of planning, for the selection of the most promising projects for implementation in line with the strategy of development. The novelty of the research lies in an attempt to expand the parameters of an enterprise that should be included in the requirements for the selection of projects and will most accurately reflect the original status of the enterprise. On the basis of the proposed algorithm, it is planned in the future to build a mathematical model of formation of a portfolio, which will highlight the main settings needed to conduct a comprehensive analysis and assessment of the portfolio of a company. The parameters were proposed for the strategy of an enterprise, which allow systematically assessing of the possibility of implementation of its portfolio. With the use of the given indicators, we evaluated implementation of the portfolio of projects at the level of planning of functional units.

Innovation component is the basis of modern business development, regardless of which field this business belongs in, who owns it and which structure its capital has. The challenges of modern society force to step up efforts of the developing countries in the direction of development of innovation infrastructure, which would allow taking a quantum leap in the development of industry and economy. These challenges predetermined the relevance of the chosen research. Formation and development of innovation policy in the economies of the developing countries is the actual task of recent studies of many authors. Identification of general trends in the development of leading countries will make it possible to work out a common strategy for the developing countries, in their further development of innovation policy. The purpose of writing this article was to perform the analysis of formation of innovation policy in the leading countries of the world, such as the United States of America and Japan to identify the peculiarities of these countries, common features and differences. During the research we applied methods of comparison, generalization, abstraction, analysis, elements of system analysis, algorithms and simulation. As a result of the survey we revealed peculiarities of formation and development of innovation policy of the United States and Japan with the following conclusions made: 1. The development of innovation policy of a state grows when coordination and key financing is provided by the state and by local governments, too. 2. The largest effect in the development of innovation activity for the countries with transition economies can be observed by choosing "selective" directions of development. 3. Creation of regional technological parks takes place with regard to historically established regional opportunities and directions. 4. Approval of the legislative base in the country, which must fully support (at all levels) innovation entrepreneurship. 5. Formation of a system of private (venture capital) funds, regulated by state programs in priority areas. At the present stage of development of the world economy, only innovation policy creates a vector of the development of a state. This is confirmed by the experience of such leading countries as the United States of America and Japan. As the result of generalization of the experience of formation of the innovation policy of these countries, we identified the main trends of development that can be applied in other developing countries, taking into account their national characteristics. All of the identified factors positively affect the increase of progressive indicators of the economy, well–being of society and the activity of integration at the international level. The novelty of the work lies in the fact that for the first time we analyzed formation of innovation policy in the USA and Japan to identify common peculiarities and differences in the development of innovation policy, as well as we attempted to obtain the scheme of creation of the basic structure that allows developing and implementing innovation. The obtained results can be applied to further systematization of information on the development of innovation policy for the formulation of a universal model.

The article addresses the development of the fiduciary relationship doctrine in Ukraine. Primarily, the paper covers the alteration in understanding the idea of trust and other trust-like constructions by Ukrainian society from the 90s of the XX century to present time. The purpose of the article is to highlight the main stages of and approaches to understanding of fiduciary relationship in general and trust and other trust-like constructions in particular, as well as to analyse their common and distinctive features in comparison to related legal institutions and to determine the prospects for their further implementation in Ukrainian law. Methodology. To shed the light on different approaches to understanding trusts and paratrust constructions, a comparative-historical method was used in the article; also the methods of analysis, ascent from abstract to concrete and system-structural methods of scientific cognition were applied. Results and conclusions. Misunderstanding of the idea of a trust has led to violation of the rights of citizens affected by financial fraud of trust companies, which has played a significant role in shaping the distrustful or negative attitude of lawyers and ordinary citizens of Ukraine to trusts and other trust-like constructions for almost two decades. The concept of trust has existed in the law of Ukraine for a long time, but mostly it is associated with the negative issues like hiding property, hiding information about the ultimate beneficial owners etc. In addition, the concept of trust is changing constantly; this indicates the evolution of approaches to understanding the institution. At present, a trust is understood as "legal relationship," while the previous version of law defines a trust through the category of a legal entity. The approach to understanding the concept of beneficial ownership in a trust differs in common law countries and Ukraine. In Ukraine, this definition covers the right of a natural person who, regardless of formal ownership, has the opportunity to exercise decisive influence over the management or economic activity of a legal entity directly or through other persons. Keywords: fiduciary relationship, trust, trust-like (paratrust) constructions, property management, Trust Convention, beneficial ownership, trustee, ultimate beneficial owner, beneficiary, controlled foreign company (CIC), revocable trusts, irrevocable trusts.

The elements of corporate culture and its impact on innovation management are investigated. A corporate culture tasks in the structure of enterprise activity innovative system are developed.

The article focuses on the judge's liability vilotaion of the Convention for the Protection of Human Rights and Fundamental Freedoms. State of- ficials' wrongful acts result in liability of a state regardless of the fault of those officials are determined as axiomatic for the theory of law. The state agencies, where the officials are employed, are entitled to file regress suits in accordance with the procedure provided by law. In such a case, can- cellation or annulment of the wrongful act that causes damages, should not be regarded as a special precondition for the liability of the state official liable for committing such an act. The precondition of the liability of the official should be his or her fault. It is essential that the liability of a judge for issuing wrongful judicial acts, regarding his or her status, has its own peculiarities. First, according to international standards, liability of a judge for delivering an illegal judgment, that had causes financial damage and interfereance with personal rights and freedoms, is predetermined by his or her procedural independence and immunity. Secondly, compensation for losses incurred by the state as a result of a wrongful decision or conduct of a judge in the performance of his / her duties is established. In addition to this, the state has the right to bring regress suits against a judge who has caused such damages to individuals or legalentities.

The purpose of writing this article is to provide a conceptual overview of the main ideas and doctrines in the field of land law, which were being researched and substantiated by employees of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv during 30 years of independence, outlining the main achievements of land law and their practical implementation during this period. The main research method was the analysis and systematization of scientific research at the institutes of land law as a branch of law, science and academic discipline. The method of historical analysis helped to understand the historical and legal preconditions for the formation of a team of specialists who during the times of independent Ukraine were successfully working in land and related branches of law at Taras Shevchenko National University of Kyiv. In conclusion, it is noted that scientists of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv worthily have represented and developed land law as a branch, science and academic discipline since the very beginning of Ukraine's independence. Within the limits of this article it is not possible to show in full the scientific achievements of the employees of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv and their students during the time of independent Ukraine. But the described main scientific achievements emphasize the significant contribution of land law science of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv to the development of the science of land law of independent Ukraine. Due to the active position of the teaching staff at the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv, there grew a worthy scientific constellation of researchers, teachers, practitioners and statesmen, whose main scientific interest was land law with its practical implementation and improvement. Keywords: independent Ukraine; land law; Taras Shevchenko National University of Kyiv; Faculty of Law; Institute of Law.

The article deals with the legal nature of a land lease. The contemporary relevance of this study is explained by the fact that the following phenomena depend on the legal nature of the land lease: the specific lessor's and lessee's rights, the defense procedure of the lessee's right to do a business activity on the land parcel; the loss, caused by force majeure, distribution, etc. A lease right was considered to be a personal right in Roman law. Recently, there is a vivid trend in Ukrainian legislation to convert a lease as a personal relationship between two persons to some kind of real relations (relations between the person regards things). The idea that the lease of a land parcel is or can be some kind of a real relation dominates in Ukrainian literature. Based on the study of the land lease legal nature the author concludes that the land lease is a personal relationship. The author assesses the legal regulation of the land lease as a real relation. This regulation aftermath is that land lease converts into emphyteusis, superficies, or into some kind of real relation (usus or usufruct). Having analysed the legal regulation for the land lease, the author came to conclusion, that it duplicates the legal regulation for property relations. The analysis of the negative consequences of this regulation is done in the article. One of the main negative consequences of the land lease converting into the real relation is the reduction of the list of legal tools by which business entities may adjust their relations. At the same time, the land lease stops guaranteeing the lessee opportunity to conduct the economic activity on the land parcel.

Constitutionally guaranteed validity of international treaties, ratified by the Verkhovna Rada of Ukraine and the fact that they are appeared to be a part of national legislation determines the relevance of international legal approaches in the development of national environmental legislation. The article analyses the international environmental monitoring regulations in order to implement their provisions into Ukrainian environmental legislation. The authors propose the new ways of the environmental science development and amendments to the national legal regulations in the field of environmental monitoring.

The article investigates European approaches to legal regulation of relations on the implementation of environmental monitoring in order to adapt national environmental legislation to the legislation of the European Union and to eliminate deficiencies and gaps. The purpose of this article is to study the legal nature of environmental monitoring with the help of sources of international environmental law and environmental law of the European Union, cooperation of the countries of the world with the participation of Ukraine.

The objective of this article is making proposals regarding the consideration of European legal and international approaches to the regulation of relations on the implementation of environmental monitoring in the current legislation of Ukraine. In order to improve legal regulation of environmental monitoring in Ukraine, it is suggested to support the adoption of the Law of Ukraine on Environmental Monitoring; to eliminate the fragmentation in the creation of subordinate regulatory mechanism for of environmental monitoring; to continue the research in the field of international environmental law implementation, taking into account European approaches. The methodological basis of the study comprises general scientific and special cognitive methods: formal-logical and logical-semantic methods, a method of system analysis and a method of interpretation of legal norms are used. These methods application contributes d to substantiating proposals for improving the provisions of the current Ukrainian legislation in the field under study.

Now the image of Ukraine and its regions in the world is formed sporadically and chaotically. As a result, the attractiveness of individual cities and regions of Ukraine for tourists is very low. Increase in the level of global competition of regions and individual cities created the need for a positive image of a city on the tourist market. Promotion of local unique differences of such cities by building up a brand based on them is the most efficient tool to enhance tourism appeal of the region. Since building up brands for various objects and purposes has its specificity, with the growing importance of tourism for the regions of Ukraine we have to expand, explore the features of creation of a brand for individual cities to increase the attractiveness of the area for tourism. The goal of writing this article is to define the role of branding for tourist industry, to identify problems in this activity, to characterize the stages in a strategic approach to branding the cities to enhance their attractiveness for tourists. The study was performed by using the methods of scientific knowledge: analysis and synthesis, grouping, systematization, generalization. In the paper, a brand of a city is considered as a set of fixed values that reflect unique original consumer characteristics of this city and community, which are widely known, have gained public recognition and enjoy stable demand from consumers. The role of branding is highlighted in increasing the attractiveness of a city for tourism and it was established that branding is the most important factor of competitive advantage and the source of revenue to the city. It helps to the positioning of the region, to increase its competitiveness in different activities. Building up a brand of the territory is one of the ways to create the image and increase the level of awareness by the target groups, including tourists. In a certain context branding performs "educational" function. It will tell about unique city places and eventually form investment and tourist appeal. We analyzed branding activities in some cities. The main problems were detected in the activity at developing and promotion of brands to attract tourists. The stages of a strategic approach to building up efficient city brand were characterized: diagnosis of the situation and development of the objectives of branding; formulation of the essence of the brand; strategic plan of branding; implementation of the strategic plan, evaluation of the effectiveness of the created brand. The scientific novelty of this work consists in the development of the sequence of the phases of building up and implementation of the branding strategy of a city, which unlike other approaches to strategic branding takes into account the specifics of forming a city brand to enhance its attractiveness to tourists. The practical value of the work lies in the possibility of applying the proposed sequence of stages of development and implementation of the branding strategy by separate cities, territories in forming their own branding strategy, creation and promotion of the brand to attract tourists to the region. Further research might be conducted in the direction of the search for other ways of territorial development of the city, which will help attract tourists to the region.