Law and innovations最新文献

{"title":"Peculiarities of financial state support of small and medium enterprises in ukraine in modern conditions","authors":"Denys Korytin","doi":"10.37772/2518-1718-2021-4(36)-20","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-20","url":null,"abstract":"Problem setting. The formation of state policy to support small and medium enterprises (hereinafter - SMEs) requires consideration of global developments in the direction of legal regulation and economic and managerial justification of certain forms of support.\u0000\u0000In addition, within the globalized market, as well as taking into account Ukraine's desire to approximate national legislation to EU law, it is not possible to create mechanisms to support SMEs without adapting to global standards, that is, mechanisms similar to conventional ones should be invented. Of course, international documents, including the European Charter for Small Enterprises, can be a guide.\u0000\u0000Analysis of resent researches and publications. Legal analysis of certain means of state support for small and medium enterprises was carried out by such scientists as N. M. Vnukova, S. V. Hlibko, A. M. Lyubchych, I. V. Podrez-Riapolova, A.T. Zavadska and others. At the same time, this paper will analyze the implementation of financial support for small and medium enterprises, taking into account current government programs.\u0000\u0000The target of research is to conduct a comprehensive analysis of financial support for small and medium enterprises provided by the state, represented by public authorities and local governments, taking into account the principles of European Union law and current national and international programs to support entrepreneurship in Ukraine.\u0000\u0000Article’s main body. One of the most popular and effective forms of support is state financial support for SMEs. It is noted that the support from the financial and credit system reflects, in fact, the financial and economic relations between the state and market actors on the redistribution of funds.\u0000\u0000The state program «5-7-9» offers partial compensation of the interest rate on the hryvnia loan in combination with the mechanism of partial credit guarantees to address the problem of lack of collateral and insufficient credit history. The program is implemented by the Ministry of Finance of Ukraine, the Foundation for Entrepreneurship Development (formerly the German-Ukrainian Foundation) through a network of partner banks in partnership with the Ministry of Economy and the Office for Small and Medium Enterprises to prevent, spread and eliminate COVID-19 disease caused by the crown virus SARS-CoV-2, and to prevent and overcome their effects.\u0000\u0000By analyzing the statistical information of the ten largest banks, it was found that there is no unity in the terms of lending, lending is not within a single program, but for individual loan products of banks, which may differ from each other.\u0000\u0000Conclusions and prospects of the development. Summarizing the above, it is possible to conclude that the current state policy to support SMEs is characterized by the presence of a significant network of funds. One of the most relevant of these is the provision of soft loans. At the same time, there is insufficient information support for the process of ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115098282","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":"Advantages and disadvantages of electronic identification using a mobile digital signature (MOBILE ID) in modern civil law","authors":"Alexander Matsegorin, O. Tsaryk","doi":"10.37772/2518-1718-2021-4(36)-15","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-15","url":null,"abstract":"Problem setting. Due to the rapid impact of information and communication technologies on commodity-money relations, which are in the sphere of civil turnover in Ukraine, the number of contracts concluded in electronic form is significantly increasing. The scope of electronic documents both in contractual civil law relations and in general in the relations of individuals with government agencies, courts and other public law entities has a clear tendency to expand and grow. Thus, in many areas of commodity-money exchange, the interaction of executors and customers (clients) has reached a completely new organizational and legal level and is carried out exclusively online, because the territorial remoteness and implementation of quarantine measures against COVID-19 is not always possible to sign an agreement on paper. These statements determine the relevance of the chosen research topic.\u0000\u0000The object of the study is the civil legal relationship using a mobile digital signature (Mobile ID).\u0000\u0000The subject of the research is the advantages and disadvantages of electronic identification with the use of mobile digital signature in civil circulation.\u0000\u0000The state of research of the problem. Such scientists as M. I. Anokhin, Yu. V. Borodakiy, N. P. Varnovsky, V. M. Glushkov, M. V. Denisova, M. M. Dutov, A.V. Kobets, G.I. Kupriyanova, A. Matvienko, V. A. Onegov, I. A. Semaev, V. A. Shakhverdov, M. N. Tsyvin, V. V. Yashchenko and others.\u0000\u0000The target of research is to study the features of the legal regulation of electronic digital signature of a person and his legal status with the analysis of issues arising from the use of such a signature in civil turnover, the formulation of proposals for their solution.\u0000\u0000Article’s main body. The possibility of using mobile digital signatures in the document flow is provided by the relevant regulations. The Law of Ukraine “On Electronic Digital Signature” adopted on May 22, 2003, defines the legal status of an electronic digital signature and regulates the relations that arise when using an electronic digital signature. This Law does not apply to relations arising from the use of other types of electronic signatures, including digitized images of handwritten signatures.\u0000\u0000At the same time, the provision of Part 3 of Article 207 of the Civil Code of Ukraine on the use of facsimile reproduction of the signature by means of mechanical, electronic or other copying, as well as electronic signature or other analogue of handwritten signature with the written consent of the parties, which must contain samples handwritten signatures. The legislative base on electronic signatures is currently constantly growing, a passport of a citizen of Ukraine in the form of a card with a contactless electronic carrier (and an electronic digital signature) has been introduced into the continuum of indirect electronic reality.\u0000\u0000The Law of Ukraine \"On Electronic Commerce\" of September 3, 2015 regulates the legal regulation of the field of electronic co","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128977244","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":"Application of secret diplomacy in international practice","authors":"Maryna Okladna, Margarita Fedorovska, Darya Yukhymenko","doi":"10.37772/2518-1718-2021-4(36)-10","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-10","url":null,"abstract":"Problem setting. Secret diplomacy, in various forms, has remained a key method of international relations and the development of relations between states. For example, the fate of the Caribbean Crisis was decided by secret diplomacy between the United States and the Soviet Union. However, despite the extremely large influence of secret diplomacy on the development of international relations, it is necessary to note a rather small level of study of secret diplomacy as a phenomenon.\u0000\u0000Analysis of recent researches and publications. In the scientific literature, the theoretical aspects of secret diplomacy have been the subject of scientific research by such scholars as Cornelia Biolu, Anthony Venis-V. John, Pika SM, Kostyuk DA, Pron TM, but a significant number of extremely important documents for understanding the problem remains in closed access. That is why the lack of scientific literature, which would describe secret diplomacy in the theoretical aspect, significantly complicates the study and study of secret diplomacy in general.\u0000\u0000Target of research. The aim of the paper is to carry out a critical review of the definition of secret diplomacy, to analyze the types of secret diplomacy and to consider features of their functioning in international relations, as well as to identify the disadvantages and advantages of secret diplomacy.\u0000\u0000Article’s main body. The article provides a general analysis of the definition of the concept of \"secret diplomacy\" in international practice. The opinions of leading scientists are given. Examples from history are analyzed. The paper analyzes in detail the types of secret diplomacy, and also considers the features of their functioning in international relations. In addition, the main advantages and disadvantages of secret diplomacy were formulated, as well as the prospect of its further application in practice.\u0000\u0000Conclusions. Secret diplomacy is the activity of the government to implement the foreign, international policy of the state, which is conducted in secret from society, other states and third parties in order to facilitate negotiations, establish relations and obtain various benefits. The methods of secret diplomacy have been used since ancient times and continue to be key not only in relations between states, but also in resolving international conflicts, despite the fact that the phenomenon has a number of disadvantages in addition to its advantages. There are several types of secret diplomacy, each of which differs from the others not only in its purposes for which it is used, but also in its components.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122041373","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":"Administrative and judicial remedies of EU on civil servants’ rights protection","authors":"I. Maryniv, Andriy Kotenko","doi":"10.37772/2518-1718-2021-4(36)-3","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-3","url":null,"abstract":"Problem setting. The modern pandemic reality makes all the citizens of the European Union vulnerable, especially in terms of employment and employment disputes. European civil service framework has been existing for more than 50 years, but until now some fundamental issues need to be tackled. Transparency is what the international community is striving for nowadays. The numerous tools for legal protection available to the EU servants offer completely different solutions to the one problem. Therefore, it is crucial to maintain the sound practice, according to the principle of sustainable development. The problems of the pre-trial administrative disputes resolution are questioning the mere ability of this mechanism to provide protection impartially and within sound terms. On the one hand, European Court of Justice stands as an effective remedy, which compensates the drawbacks of administrative way of rights protection. But on the other hand, the European Ombudsman institute shows, that both of the aforementioned remedies are not capable of giving up-to-date protection to the EU servants. That’s why substantial changes in this framework are needed, including reconsideration of the procedure of appeals prescribed under the Council of the EU Staff Regulation.\u0000\u0000Target of research is to evaluate the effectiveness of each of the remedies available to the EU servants for today in the EU acquis framework.\u0000\u0000Article’s main body. The article is devoted to the research of administrative and judicial means of remedies available to the EU servants. The analysis of the Court of Justice of the European Union case practice has been conducted. The procedure of resolution of administrative disputes between the EU servants and the EU institutions via the European Ombudsman institute has been investigated. The analysis of disputes concerning the protection of EU servants’ rights within the administrative framework within the institutions has been carried out.\u0000\u0000Conclusions. After analyzing various types of remedies on the protection of civil servants’ rights, a couple of issues to tackle has been revealed. The administrative remedies under Staff Regulations of the Council are not transparent enough to consider them sufficient for being the main way of protecting Staff rights prescribed in the Regulation. The European Ombudsman, along with judicial practice of the Court of Justice of the European Union might be the relief for the institutional mechanism of civil servants rights protection due to the strategic investigations the European Ombudsman is capable to undertake. Further recap of the administrative means of remedies available under the Staff Regulation is explicitly urgent to conduct as soon as possible.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132567513","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":"Tax system: features of conceptual apparatus","authors":"A. Kotenko","doi":"10.37772/2518-1718-2021-4(36)-11","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-11","url":null,"abstract":"Problem setting. The definition of the tax system of Ukraine, given in para. 6.3 of Article 6 of the Tax Code of Ukraine (hereinafter - the TC of Ukraine), as a set of national and local taxes and fees, which are managed in the procedure established by this Code [9], does not cover a number of relations regulated by tax legislation. Appeal to the provisions of para. 1 part 2 of Article 92 of the Constitution of Ukraine [4] further \"reinforces\" our position. According to the abovementioned norm of the Basic Law of Ukraine, only the laws of Ukraine establish a system of taxation, taxes and fees. That is, at the level of the Constitution of Ukraine, the system of taxation and taxes and fees are divided. And there remains space for considerations, which is meant both by the tax system and by taxes and fees.\u0000\u0000Analysis of recent research. The tax system is a fundamental category of tax law. Various aspects of the tax system have been studied by many scientists. Here it should be noted D. Getmantsev, M. Kucheryavenko, N. Pryshva and others. Among the latest comprehensive legal studies of the tax system should be noted the dissertation of O. Barin \"Legal foundations of the tax system of Ukraine: current state, basic elements, principles\".\u0000\u0000The purpose of the article is to study the content and conceptual apparatus of the tax system.\u0000\u0000Article’s main body. The article is devoted to the peculiarities of the conceptual apparatus used in determining the tax system of Ukraine. The definition of the tax system as a set of national and local taxes and fees in the procedure established by the Tax Code of Ukraine leaves a number of issues of both theoretical and practical nature.\u0000\u0000Attention is focused on the fact that there is no military fee in the list of state taxes and fees fixed in Article 9 of the TC of Ukraine [9]. It is not clear for what reasons the regulation of its payment is carried out by p. 16-1 of subdivision 10 Section XX of the Tax Code of Ukraine [9]. With this approach, there is a situation when the military fee in the tax system of Ukraine seems not to have. Although the military fee is actually paid. We can’t mention that the name of this tax payment does not correspond to the provisions of clauses 6.1 and 6.2 of Article 6 of the TC of Ukraine [9], where the definition of tax and fee is provided. According to its legal mechanism, the military tax fee, because the main feature of the fee - individual repayment - is absent. That is, the military payer does not receive individual special benefits.\u0000\u0000Conclusions. The conceptual apparatus used in the Tax Code of Ukraine in determining the tax system of Ukraine has a number of contradictions. The case here is not only in legal technique. The lawmaker's approach to determining the tax system as a set of national and local taxes and fees in the procedure established by the TC of Ukraine leaves a number of issues of both theoretical and practical nature. This attitude to the fundamental principles of le","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116564145","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":"Sources of research in the development of legal relations regarding the use and protection of the environment in the innovation field","authors":"O. Savchuk","doi":"10.37772/2518-1718-2021-4(36)-19","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-19","url":null,"abstract":"Problem setting. Transformation of social relations, as well as the state of the natural environment necessitate the study of the origins of development and the formation of Ukrainian legislation in this area. Rapid rates of man-made load, depletion of natural resources, impossibility (or slow) recovery of natural resources - all these are factors that encourage rapid further steps towards innovative solutions to the use and protection of the environment. Alternative energy sources, the so-called renewable energy sources, are becoming increasingly popular due to their potential and environmental and economic characteristics of use.\u0000\u0000The object of the origins of the development of legal relations on the use and protection of the environment in the field of innovation.\u0000\u0000The subject of the study is the historical aspects of the regulation of legal relations on the use and protection of the environment in the field of innovation.\u0000\u0000The state of research of the problem. The origins of scientific research on the relationship between the use and protection of the environment have repeatedly attracted the attention of researchers. In particular, in this area there were publications of legal scholars: A.P. Hetman, H.V. Anisimova, V.L. Bredikhina, M.V. Krasnova, Y.S. Shemshuchenko, N.R. Malysheva, G.N. Polyanskaya, V.G. Emelyanova, V.V. Nosik and others.\u0000\u0000However, the study that would be aimed at analyzing the normative regulation of legal relations on the use and protection of the environment in the field of innovation has not yet been, which prompted us to choose this topic of research.\u0000\u0000The target of this research is to identify and analyze the origins of legislation and scientific achievements in this area.\u0000\u0000Scientific novelty is the search for and further development of an effective mechanism for regulating the legal relationship between the use and protection of the environment in the field of innovation.\u0000\u0000Article’s main body. The historical continuity and recurrence of the main legal forms, as emphasized in the literature, make it possible to predict the direction of further development of legislation taking into account the maximum use of valuable historical experience, on the one hand, and avoid future use of legal forms that have failed.\u0000\u0000Conclusions. Today we can conclude that nature management is irrational, leads to depletion (or disappearance) of natural resources, there is a violation of the ecological balance of natural systems - as a result of rising Earth temperature, destruction of ecosystems, deteriorating human health. Rapid population growth has been observed with great progress, and industrial development has contributed to the increase in energy consumption and the use of non-renewable energy resources, the mass consumption of which has had negative consequences for the environment.\u0000\u0000Unlike countries with more developed economies, Ukraine is only at the beginning of its path of saving the environment, but instead continues to operate","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125239680","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":"Education as a priority direction of development of industrial enteprises and it’s digitalization","authors":"O. Yaroshenko, Nataliya Vapnyarchuk","doi":"10.37772/2518-1718-2021-4(36)-1","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-1","url":null,"abstract":"Problem setting. With increasing globalization challenges, the main productive force of society and the rapid socioeconomic revival of countries is human capital, which is becoming a powerful integral part of any model of innovative development. Human capital, ie knowledge, talents, skills, abilities, experience, intelligence of people today is the driving force of the digital economy. Digitalization will significantly increase labor productivity in Ukraine and become a powerful multiplier capable of launching the Ukrainian economy in the shortest possible time and ensuring its real growth. Today, digitalization is one of the key factors in improving the education system.\u0000Analysis of recent researches and publications. Various aspects of the introduction of digitalization in the educational space have been the subject of research by foreign (K. Bassett), C. Gere, G. Creeber, G. Deree, M. Deuze, G. Creeber and R. Martin (G. Greeber & R. Martin), L. Manovich (L. Vanovich), J. Stommel (J. Stommel), M. Hand (M. Hand) and domestic (V. Bykov, D. Galkin, M. Zhaldak, M. Leshchenko, P. Matyushko, O. Ovcharuk, V. Rebrina, O. Strizhak, M. Shishkina, A. Yatsyshyn) scientists, but despite the interest shown by the scientific community, the issue of digitalization in modern educational space need further research, especially in a pandemic and the need for distance learning.\u0000Target of this research is to determine the role of education in the context of the development of digital transformation of society, the formation of “intellectual enterprises” and “intellectual industry”.\u0000Article’s main body. Today, the governments of most European countries are making significant efforts to modernize their education systems through the use of digital technologies. The development of digital education initiates the emergence of new educational practices, which in turn contributes to the transformation of the educational system as a whole. The field of education, localized by institutional, temporal and spatial frameworks, is significantly modernized due to the introduction of digital technologies in the educational process. Ukraine has also embarked on the path of digitalization, as evidenced by the adoption in 2018 of the Concept of Development of the Digital Economy and Society of Ukraine for 2018-2020. According to the Concept, digitalization of education is a modern stage of its informatization, which provides saturation of information and educational environment with electronic and digital devices, tools, systems and electronic communication between them, which actually allows integrated interaction of virtual and physical, ie creates cyberphysical educational space. Today, based on the statutory powers, the Ministry of Education and Science of Ukraine and the State Agency for e-Government have the greatest influence on the development of digital competencies. raising the level of digital literacy of the population. One of the main means of digitalization of educatio","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125313666","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":"Current trends in budget and legal regulation","authors":"O. Dmytryk, K. Tokarieva","doi":"10.37772/2518-1718-2021-4(36)-13","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-13","url":null,"abstract":"Problem setting. Nowadays Ukrainian society is in a state of permanent transformation, due to many factors, among which it is possible to designate both European integration and digitalization processes, which currently have a very intense impact on various spheres of life. New ones are accepted, as well as numerous changes to existing regulatory acts governing various kinds of relations. Not an exception are budget relations, which are transformed under the influence of objective and subjective factors. In this swirl of events of particular importance, the problem of quality of those normative changes that are initiated by the subjects of the legislative initiative today becomes a problem. The fact is that the effectiveness of the legal regulation, the effectiveness of its action, the successful implementation of the tasks for which such a normative legal act was created depends on how much normative legal acts or changes to it will be of high quality. A particularly significant problem is the need to ensure the financing of budget expenditures, the fulfillment of budget obligations in crisis conditions.\u0000\u0000As it is seen, the subjects of the legislative initiative do not have time or do not know how to deeply study the problems posed to the solution, and since then they set incorrect tasks for changing approaches to the modern regulation of budgetary legal relations, the implementation of which is not able to ensure their practical implementation.\u0000\u0000The purpose of the article is to study modern trends in budgetary and legal regulation in Ukraine.\u0000\u0000Article’s main body. The presented publication focuses on the study of modern innovations in the field of budgetary and legal regulation. It is emphasized that in the present, the problem of quality of those normative changes initiated by the subjects of the legislative initiative becomes of particular importance. It is emphasized that the introduction of modern technologies in the conditions of digitalization of all spheres of public life, including in the sphere of budgetary and legal regulation, is positive. At the same time, for their effective implementation, it is necessary to systematically approach the solution of this issue and develop proposals for changes and additions in a number of articles of the Budget Code of Ukraine. The authors stated the inappropriacy of expanding the list of articles of certain normative legal acts, whose financing is dependent on the discretion of the Cabinet of Ministers of Ukraine, taking into account the availability of financial resources of state and local budgets and the budget of mandatory state social insurance.\u0000\u0000Conclusions. Based on the analysis, we conclude that any changes to the legislation, especially in the field of public finance, should be constructive and contribute to the achievement of the goal of their implementation in law enforcement. At the same time, any legislative innovations should be complex and comply with generally accepted rules and sta","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121161547","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":"Cultural diplomacy of the Republic of Korea","authors":"Oksana Stasevska, V. Ukolova","doi":"10.37772/2518-1718-2021-4(36)-4","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-4","url":null,"abstract":"Problem setting. The relevance of the topic of scientific researchis due to the active involvement of culture in the foreign policy discourse of states and international organizations, which enhances scientific interest in understanding cultural diplomacy as an extremely important instrument of international cooperation.\u0000\u0000Target of research. Research of cultural diplomacy of the Republic of Korea as a component of public diplomacy, characteristics of its features, as well as the potential impact of this experience on Ukrainian cultural policy.\u0000\u0000Analysis of resent researches and publications. Analysis of scientific research allows us to state the growing interest in the stated topic in scientific discourse, as evidenced by the work of such scientists as F. Barghorn, J. S. Nai, Su Huang Young, S. A. Gutsal, J. R. Johnson, E. W. Kim, M. M. Lebedeva, G. I. Lutsyshyn, L. S. Matlay, A. S. Prygunkova, M. V. Protsyuk and others.\u0000\u0000Article’s main body. A unique example of the effective use of cultural diplomacy is the Republic of Korea, which is increasingly using new public diplomacy in its foreign policy, through which the country promotes its achievements abroad in political, financial, economic, industrial, technological, agricultural, scientific and cultural spheres. and thus enhances the national reputation in the world. The «Korean wave» is a phenomenon of South Korean culture, which contributed to the rapid growth of the popularity of the Korean brand. The article characterizes the main stages of development of cultural diplomacy of the country and their specifics, reveals in more detail the essence, role and influence of K-pop on general political interaction with the world. The importance of the South Korean experience for the development of Ukrainian cultural diplomacy is especially noted. The authors call the following acute problems of Ukrainian cultural diplomacy: - development of a strategy for cultural diplomacy; - awareness of the relationship between the success / failure of cultural diplomacy and the economic condition of the country; - ensuring the attractiveness of Ukraine for its own people etc. An example for Ukraine is a moderate and reasonable combination of borrowed cultural experience and national cultural potential.\u0000\u0000Conclusions and prospects for the development. The cultural component of the public diplomacy of the Republic of Korea is very actively developing. It is worth noting the relevance of studying the phenomenon of the «Korean wave» as a set of components of mass culture of the Korean people. The «Korean wave» is a clear manifestation of the processes of glocalization, reasonable and balanced unity of the processes of modernization and preservation of traditional values, which provides great opportunities for further cultural and economic development of this country.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122525942","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":"Employment contract with non-fixing working hour: peculiarities of working time","authors":"Ya. V. Svichkarova","doi":"10.37772/2518-1718-2021-3(35)-5","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-3(35)-5","url":null,"abstract":"Problem setting. On-call work is today a poorly-investigated by science of labor law form of non-standard employment. Since 2019, there are several draft laws developed in Ukraine that deal with on-call work. These drafts describe it such as employment contract with non-fixing working hour. The latest draft No. 5161 of 25.02.2021 \"On Amendments to Certain Legislative Acts of Ukraine on the regulation of some non-standard forms of employment\" has been submitted to Parliament. This bill was developed according to the Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. However, we believe some provisions of this bill on the establishment of working time need further adaptation.\u0000\u0000Analysis of resent researches and publications. The issue of legal regulation of non-standard employment has been analysed by V.Venedidikov, N. Vyshnevska, I. Gorgoriev, I. Kiselev, A. Lushnikov, D. Morozov, O. Mozna, N. Nikitina, O. Process, O. Rimkevich, V. Soyfer, M. Sorokishin, O. Yaroshenko. On-call work was the subject of doctor’s and candidate’s thesis of V. Gnidenko, O. Korkin, O.Pilipko, M. Shabanova. At the same time a number of legal problems were arised after the project No. 5161 had been adopted. For instance, peculiarities of the establishment of working time, the legal regulation of new legal categories in an employment contract with non-fixed working time need further adaptation.\u0000\u0000Аrticle’s main body. In the employment contract with non-fixing working hour the maximum working hours of the employee is determined, fixed in the contract, however the minimum working time is not defined due to the fact that the employer does not have a duty to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In order to strengthen the coherence of terminology and better reconcile the typology and character of this non-standard employment form with the provisions of Directive (EU) 2019/1152, the draft law should enter and (or) determine the terms, such as a schedule of work, basic hours and days, mode of operation.\u0000\u0000Conclusions and prospects for the development. In the contract with non-fixed working hours, the installation and distribution of working time has specific features: maximum duration of the employee's working time is determined, fixed in the contract, and the minimum working time is not determined at all, since the employer does not have a duty in the employer to provide employee work. The minimum duration of working time defined in the draft law depends only on the amount of the wage or compensation for staying in a state of waiting. In such an employment contract basic days and hours should be establishes, that is, a time interval when an employee must perform its labor duties in case of a demand. The employee's calling on work, in turn, ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129895954","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}