University Scientific Notes最新文献

{"title":"Features Of The Protection Of Rights To A Logo As An Industrial Design: Ukrainian And Foreign Dimensions","authors":"Pavlo Ivanov","doi":"10.37491/unz.95.5","DOIUrl":"https://doi.org/10.37491/unz.95.5","url":null,"abstract":"The article examines general legal approaches to the protection of rights to logos as industrial designs in the legislation of Ukraine and the EU member states and identifies the specifics of the application of individual protection methods in the specified legal systems on the example of modern judicial practice (case law). The author establishes the research on the normatively and factually conditioned attribution of the logo to objects that can receive registration as industrial designs with the provision of appropriate legal protection. Based on the analysis of the legal positions of the Supreme Court, it is argued that the protection of rights to a logo as an industrial design is based on the principle of actual similarity to any graphic image that is used for commercial purposes to identify another product or manufacturer (including those used as a trademark), and not based on a casuistic approach with the extension of legal protection and jurisdictional protection only to other industrial designs. It is summarized that among the methods of protecting the rights to logos as industrial designs, normative fixation at the level of the legislation of Ukraine and EU member states, as well as the most widespread in judicial practice, were the termination of the violation of the rights of the owner of the certificate and compensation for the damages, along with the possible recourse to customs control means, restoration of violated rights, etc. At the same time, in contrast to the Law of Ukraine «On Protection of Rights to Industrial Designs», the corresponding foreign laws establish general approaches to calculating the amount and components of compensation that the owner of the rights to an industrial design, including the logo protected as such, can claim. The specified provisions include the consideration by the court of the negative economic consequences of the violation, including the lost profit, damages suffered by the injured party; moral damage caused to the owner of the rights to the industrial design; profits received by the infringer, including the calculation of savings in intellectual, material and advertising investments, that he has withdrawn from the illegal use of the industrial design.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Modern Trends In The Reform Of The Legal Status Of Farms In Ukraine","authors":"Leonid Misinkevych, Anna Misinkevych","doi":"10.37491/unz.95.6","DOIUrl":"https://doi.org/10.37491/unz.95.6","url":null,"abstract":"The article studies the legal problems of the functioning of farms in Ukraine as an independent legal institution of agrarian law. After the opening of the land market, the authors analyse the dynamics and statistics regarding the registration of the right of private ownership of farmland, which is on their balance sheet in the status of permanent use. In this vein, the norms of land and agrarian law and the legal mechanism for the realization of the acquisition of the right to private property through free privatization for farmers whose land is currently registered for permanent use are investigated. In addition, the article examines the newly adopted draft law № 6013 «On the peculiarities of the regulation of entrepreneurial activities of certain types of legal entities and their associations in the transition period» adopted in the first reading by the Verkhovna Rada and the explanatory note to it, which was developed by people’s deputies. This document is aimed at the destruction of cooperative legal relations in the conduct of agribusiness, by transforming all enterprises in Ukraine into corporate ones. In this regard, the authors express a number of comments that are unacceptable for farming in Ukraine. In this regard, the authors express a number of comments that are unacceptable for farming in Ukraine. In the scientific work, the scientists present legal and economic arguments, which claim that the above bill is devastating for small and medium-sized agribusiness in our country and does not correspond to the main legal dogmas of the European Green Course. According to the authors, the adoption of such a regulatory act will lead to the monopoly of agricultural holdings and the loss of the country’s agricultural potential both at the international and national levels. In this context, the foreign experience of farming operations in countries where corporate legal relations of business are a priority, for example, the United States of America and the European Union, is studied.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138998605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Automatic Mode Of Consideration Of Administrative Cases As A Form Of Administrative Proceedings In Relation Of Administrative Procedure","authors":"O. Muza","doi":"10.37491/unz.95.3","DOIUrl":"https://doi.org/10.37491/unz.95.3","url":null,"abstract":"In the context of the adoption of the basic legislative act on the general administrative procedure, the author analyses the procedure for considering of administrative cases in automatic mode as one of the forms of administrative proceedings. The Law of Ukraine «On Administrative Procedure» established the rules for consideration of an administrative case in an automatic mode: 1) cases and procedure for applying the automatic consideration are provided by special legislative norms; 2) the possibility of full or partial application of the automatic mode of consideration of an administrative cases; 3) the automatic mode of administrative proceedings is implemented either with the help of software or without human intervention; 4) the absence of a procedure for hearing participants in administrative proceedings; 5) application of such a means of proof as the results of data processing (checking) during administrative proceedings in the automatic mode; 6) the administrative body is obliged to take measures to apply the automatic mode of consideration and resolution of an administrative case; 7) based on the results of consideration and resolution of an administrative case, an administrative act is automatically adopted on the basis of electronic documents in a machine-readable format and/or data from national electronic information resources; 8) the administrative body is responsible for administrative acts adopted in the automatic mode. The quality criteria for the functioning of the automatic mode as a form of administrative proceedings include: efficiency of the proceedings; effectiveness of proceedings; absence of excessively complex technological processes; unification of technical standards of electronic interaction; and public trust in administrative bodies. The author concludes that the digitalization of public administration facilitates the participation of a private person in applying to the authorized bodies of power for satisfaction of his/her rights and legitimate interests. At the same time, the State, by developing and implementing new e-government technologies, should create appropriate conditions for overcoming the actual digital inequality in society. Only under such conditions is it possible to realize the ambitious goals and tasks set at the stage of implementation of the novelties of administrative and procedural legislation of Ukraine into the practice of public administration.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139247559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legislative Regulation Of Forensic Expert Activity In Ukraine","authors":"O. Kravchuk, Volodymyr Kopanchuk, Mariia Ostapchuk","doi":"10.37491/unz.95.4","DOIUrl":"https://doi.org/10.37491/unz.95.4","url":null,"abstract":"<jats:p>///</jats:p>","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139257982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Theoretical And Applied Aspects Of Modern Business Etiquette Of Tourist Organizations","authors":"Eduard Shchepanskyi, Nadiia Lalueva","doi":"10.37491/unz.96.1","DOIUrl":"https://doi.org/10.37491/unz.96.1","url":null,"abstract":"The initial categories of business etiquette of travel companies such as «ethics», «morality», «morality», and «etiquette» are clarified. The content of the concept of ethics, which is interpreted as a system of knowledge about morality, good and evil, and their influence on human behaviour in relation to the world around us, is disclosed. The concept of morality is characterized, which is a system of ideas, norms, views, and rules of human behaviour based on the principles of good and evil. The classification of etiquette is considered. The author describes the most common types of etiquette, including court, military, diplomatic, secular, business, linguistic, and religious. Based on scientific works, the author analyses the definitions of the concept of «business etiquette». In particular, the following main interpretations of it are highlighted: the order of behaviour, rules of conduct, norms of interaction, and communication. The author's own definition of business etiquette of a tourism organization is formed. Business etiquette of a tourism organization is a clearly defined norm of behaviour of staff with clients, and business partners, as well as rules of interaction between employees of the company: managers and subordinates and equal specialists. Important spheres and forms of business etiquette of travel agencies are highlighted. These include the etiquette of national symbols; gifts in business relations; official and protocol forms of greeting and introduction; business cards; business attire; etiquette in advertising, correspondence, customer consultation; business subordination, etc. The emphasis is placed on business etiquette in tourism organizations. The subsystems of business etiquette are characterized: speech (verbal) etiquette, kinesics, etiquette proxemics, and etiquette attributes. The following functions of business etiquette of tourism organizations are allocated: regulatory, recognition, identification, communicative, aesthetic, and ethical. The principles of business etiquette, and rules for the success of tourism organizations are formed. Ways to improve the business etiquette of tourism organizations through the introduction of codes of ethics, «ethics cards», and ethical expertise are proposed. The emphasis is placed on the need to take into account the norms of the Global Code of Ethics for Tourism when developing corporate codes of ethics.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139288543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development Of The Institution Of Division Of Marital Property According To The Legislation That Was In Force On Ukrainian Lands","authors":"Anna Pavlova","doi":"10.37491/unz.95.2","DOIUrl":"https://doi.org/10.37491/unz.95.2","url":null,"abstract":"The scientific article examines the issue of the development of the institution of the division of marital property according to the legislation that was in force on Ukrainian lands. On the basis of the conducted research, the author comes to a conclusion that during the period of operation of Roman private law on the territory of the Greek polis states of the Northern Black Sea region, the institution of the division of joint property of spouses existed only de facto through the mechanism of transfer of property transferred as a «premarital gift». Norms of canonical and princely law of the Kyiv state did not contain provisions on the division of property of spouses, however, in the customary law of that time there was a practice of separating property into the ownership of a family member, in particular, the division of joint property could also apply to one spouse who received the corresponding property rights, primarily in order of inheritance. In the Lithuanian Statute of 1588, next to separate property, for the first time the possibility of joint ownership of property acquired during marriage was recognized, but only for representatives of the peasant class, but the procedure for the division of such property was not defined. In the «Laws by which the Little Russian People are judged», for the first time at the level of a draft of a written legal act, the specifics of the division of the property of the spouses in the event of a divorce are defined; the provisions of the Code of Laws of the Russian empire provided for the possibility of only contractual regulation of the division of joint property of spouses and only with respect to that property that was located within the boundaries of the Kyiv, Volyn, and Podillia governorates. The judicial procedure for resolving disputes about the division of joint property of spouses was introduced in the Galician Civil Code, and the Austrian civil code allowed the possibility of establishing joint property by a separate contract of the spouses and also determined that the joint property of the spouses is terminated, and the property in question is subject to division in the event of recognition of one of the spouses incapacitated, «voluntary divorce», «judicial divorce», annulment of marriage or its dissolution. For the first time, the legal regime of joint ownership of property acquired by spouses during the marriage on Ukrainian lands was determined by the Law of the Ukrainian People’s Republic «On Marriage and Divorce and on the Registration of Acts of Marriage, Divorce, Birth and Death», and subsequently by Soviet acts of family legislation, starting with the Code of family, guardianship, marriage and acts of civil status UPCP of 1926. Despite the fact that the Decree of the Soviet People’s Committee of the Ukrainian SSR «On civil marriage and keeping records of acts of civil status» and the Code of Laws on acts of civil status, on family and guardianship of 1919, it was assumed that property acqu","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139290193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Public Contract On The Internet And New Legislation On Digital Content","authors":"Ievgen Michurin","doi":"10.37491/unz.95.1","DOIUrl":"https://doi.org/10.37491/unz.95.1","url":null,"abstract":"The article examines the peculiarities of a public contract on the Internet. This is a type of legal relationship in the digital environment. It has been proven that some of the contracts on the Internet are public. If contracts on the Internet contain signs of a public contract, the rules on a public contract apply to them. Currently, there is no comprehensive list of public contracts in the Civil Code of Ukraine. This allows the application of legal norms to public contracts on the Internet. This is facilitated by the dispositive nature of civil law norms. It was concluded that the Internet is only a form of legal relations that exist in civil law. These legal relations are property or personal non-property. They take place in a digital environment. The Internet is a kind of digital form of legal relations, among which there are civil ones. Peculiarities of smart contracts have been studied. Some of them are characterized by public contracts. For example, a contract on registration on an Internet platform is public. Here, one party is the consumer, who receives the rights granted by the Internet platform. The second party is an entrepreneur who owns the rights to the Internet platform. Some smart contracts are not public contracts. For example, those that are arranged inside the Internet platform. In particular, this is a contract for the sale of NFTs. It is proposed to supplement the Civil Code of Ukraine. It is necessary to add provisions on smart contracts to it. These norms should be contained in the general provisions of the contract. Internet platforms for the sale of goods can mediate in the settlement of the dispute. They contribute to establishing contact and dialogue between the parties. This contributes to the protection of consumer","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139303827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"State’s Energy Security in the Conditions of Strengthening of Globalization Processes","authors":"Vladyslav Kuz","doi":"10.37491/unz.93-94.2","DOIUrl":"https://doi.org/10.37491/unz.93-94.2","url":null,"abstract":"The study states that energy today has a significant impact on the economy and other industries, and it represents the state of the couontry’s energy security and sustainable development of the state in the future. It is established that the problem of providing the Ukrainian economy with energy resources is not limited exclusively to economic levers and mechanisms and requires increased attention in connection with the critical dependence on the import of energy carriers and powerful transit lines and international transport corridors. A number of definitions of the category «state’s energy security» in normative documents and scientific works have been given. It is noted that along with geographical factors and the volume of available resource reserves, it is important to understand the status and position of the state on the global energy market. It is determined that the field of energy security covers five levels (global, collective, national, regional and business entity level), within which organizational structures and institutional components are distinguished within each of the levels. It has been established that the processes of globalization significantly affect the sphere of state’s energy security, in particular, they change the structure of the modern world, affect national systems of public administration and strategies in various spheres of life of society and the state, but national interests should still prevail in state policy, covering directions for reformatting the energy profile of Ukraine by greening the industry, using renewable energy sources and finding new non-traditional energy sources, actively implementing innovations and training an energy-literate domestic consumer with a conscious understanding of the objective need for energy saving and energy efficiency. Two key negative trends in the field of energy security are indicated: inefficient use of fuel and energy resources by consumer and producer countries and untimely or incomplete satisfaction of the required volumes in fuel and energy resources of the national economies of consumer countries as a tool in influencing state policy by countries -producers of such resources. The author notes that the state of war on the territory of Ukraine, the period of post-war reconstruction, new challenges and threats will require the adjustment of state policy priorities in the field of energy security.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132753359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contractual Procedures in Pre-Trial Criminal Proceedings: Asian Experience","authors":"Pavlo Balov","doi":"10.37491/unz.93-94.3","DOIUrl":"https://doi.org/10.37491/unz.93-94.3","url":null,"abstract":"The criminal procedural legislation regarding the simplification of criminal proceedings and the use of «contractual» procedures in the stage of pre-trial investigation in a number of Asian states (Japan, China, Taiwan, Singapore, Indonesia, Malaysia) has been analysed. It is emphasized that the rather conservative criminal procedural legislation of many Asian states during the last decade underwent reforms aimed at optimizing, simplifying and speeding up criminal proceedings, including through the use of «contractual» procedures. It has been established that the Asian experience of applying simplified procedures during pre-trial investigation, in particular, «contractual» procedures in criminal proceedings, attests to the granting of very broad discretionary powers to prosecutors. It is concluded that mostly «contractual» proceedings in Asian states in one form or another involve the procedure of concluding a plea agreement, which must ultimately be reviewed by the court, which, depending on the state, has more or less discretion when approving it and imposing a punishment. Certain Asian states have adopted the classic approach to concluding plea agreements that originated in the United States (plea bargaining), while others have introduced more original models. In particular, the Japanese model of «contractual» proceedings provides for the cooperation of the accused not with respect to the criminal offense he or she committed, but only with respect to the commission of criminal offenses by other persons. Instead, in Singapore, several models of negotiations between parties in criminal proceedings are used — without the participation of a judge, with the judge’s mediation, as well as the conclusion of a «Deferred Prosecution Agreement» available to legal entities. The opinion was expressed that Singapore’s experience in implementing a system of negotiations between the prosecution and defence parties through the mediation of a judge («Criminal Case Resolution») is interesting from the point of view of the possibility of implementation in Ukraine, which provides for the elimination of contradictions with the aim of a quick and conflict-free resolution of the case and, to some extent, has signs of a mediation..","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116093695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Features of Germany’s Migration Policy in the Second Half of the XXth Century — the Beginning of the XXIst Century","authors":"Oleg Pylypchenko, Inna Semenets-Orlova","doi":"10.37491/unz.93-94.1","DOIUrl":"https://doi.org/10.37491/unz.93-94.1","url":null,"abstract":"The migration policy of European countries, built on the interaction of two principles of social development — the principle of humanism and pragmatism — is tested for strength in modern conditions, which forces it to adapt and change. Taking into account the future that awaits Ukraine, the need to build a migration policy aimed, among other things, at the return of its population after the end of hostilities, the analysis of foreign experience in building a national migration policy seems relevant and timely. The article examines the main aspects of Germany’s migration policy from the end of World War II to the present. The processes that took place during the analysed time period allow us to draw a conclusion about a radical change in the migration paradigm of Germany as one of the most successful states of the European Union and as a state endowed with the largest migration load. The main qualitative and quantitative characteristics of Germany’s migration policy have been studied. Special attention is paid to the study of migration legislation. It was concluded that, having made a number of mistakes and miscalculations in the migration policy, the German government was able to take into account the accumulated historical experience, adapting it to modern realities. In order to prevent mistakes that were made in the past regarding migration policy, and to mitigate the existing negativity in society, the Federal Republic of Germany has developed a toolkit aimed, at a minimum, at mitigating the presence of migrants in society, their social adaptation, and at most — at full their integration. Maintaining a balance between the interests of migrants, the interests of the public and the state has been chosen as the most important state task. Special emphasis is placed on integration courses, which include language and familiarization courses for migrants to acquire knowledge of the German language, social and cultural characteristics of the native population of Germany.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131556734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}