Law and innovations最新文献

{"title":"Increasing the Level of Innovation of the National Economy: Legal Issues and Strategic Directions","authors":"Iryna Podrez-Riapolova","doi":"10.37772/2518-1718-2023-1(41)-5","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-5","url":null,"abstract":"Problem setting. The development of the national economy in an innovative way in modern conditions is complicated by the presence of internal and external negative factors of influence. The state of war significantly changed the requirements for the implementation of innovative activities, as a result of which the problem of forced adaptation to new conditions arose. Therefore, the issue of ensuring a favorable climate for the stimulation and development of innovative activity, the accumulation of investment resources, and the implementation of a set of effective measures to increase the level of innovativeness of the national economy are relevant today. Analysis of recent researches and publications. The issue of legal support for the stimulation of innovative activity and the problem of innovative development of the national economy of Ukraine is the subject of research by many scientists. S. V. Hlibko considered the issue of legal support for the national innovation system and the innovation process. O. V. Rozghon researched the types and organizational forms of technology transfer in the innovation process. Problematic issues of legal regulation of priority areas of innovative activity in Ukraine were considered by Iu. V. Georgiievskyi. Questions regarding the innovative development of the national economy were mostly investigated by economist’s scientists. However, today’s realities, which reflect significant structural changes at all levels of the economic system and changes in the conditions for the implementation of innovative activities, require additional conceptual studies of the indicated problematic issues. Target of the research is to study the current legal aspects and strategic factors of enhancing the innovativeness of the national economy, including the study of certain issues related to improvement of current legislation in the field of innovation. Article’s main body. The provisions of the main strategic document regarding the implementation of the development of innovative activities provide for the need to increase the level of innovativeness of the national economy with the definition of starting points for ensuring the development of the innovative economy and the national innovation ecosystem. In order to increase the level of innovative development of the national economy, it is necessary to implement complex measures of strategic, economic, regulatory and social direction, Ukraine has a great potential for innovative transformations, and therefore its use will lead to the activation of investment activities and improvement of the functioning of the country’s economic system. Innovation policy should be focused on creating favorable conditions for the development of innovative activities. Today, the main law establishing forms of state stimulation of innovative processes and aimed at supporting the development of Ukraine’s economy in an innovative way needs a constructive update. The system of legal means of ensuring inn","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127071800","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":"Taxation of Income Obtained from Independent Professional Activities: Experience of Ukraine and Estonia","authors":"O. Dmytryk, V. Ryadinska","doi":"10.37772/2518-1718-2023-1(41)-18","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-18","url":null,"abstract":"Problem setting. Ukraine and Estonia have a very rich common history. Especially regarding law. Let us note three, as we can see, significant aspects, firstly, the law of each of these states was influenced by Roman law, secondly, both states were part of a totalitarian state and the legal system corresponding to it for 70 years, thirdly, Estonia is a member state of the European Union, and Ukraine is a candidate for joining the European Union, which, in turn, affects the legal systems of both of these states. It is also important to consider that active bilateral relations have formed between our state and Estonia. For example, the Government of Ukraine and the Government of the Republic of Estonia signed the Convention on the Avoidance of Double Taxation and the Prevention of Tax Evasion Regarding Taxes on Income and Property, the Agreement between the State Tax Administration of Ukraine and the Estonian National Tax Service on Mutual Administrative Assistance, the Agreement on Technical Cooperation between the DPA of Ukraine and Tax and Customs Board of Estonia. Therefore, conducting a comparative characterization of taxation of income received from independent professional activity is relevant. Analysis of recent researches and publications. The issue of taxation of income received from independent professional activity in Ukraine is one of the controversial ones, as evidenced by numerous publications by scientists (E.V. Postoronko). What was emphasized in the previous works is also confirmed by established judicial practice, active discussion among scientists, etc. Target of the research is to conduct a comparative analysis of the legal regulation of taxation of income received from independent professional activity in Ukraine and Estonia, to carry out a comparative characterization of it. Article’s main body. The article analyzes and compares the legal regulation of taxation of income received from independent professional activity in Ukraine and Estonia. The issue of taxation of income received from independent professional activity in Ukraine is one of the controversial ones, as evidenced by numerous publications by scientists. It was established that currently the Tax Code of Ukraine enshrines such a category of taxpayers as a self-employed person. In Ukraine, the concept of “self-employed person” is used, which in its meaning covers two types of payers: an individual entrepreneur and an individual engaged in independent professional activity, whereas in Estonia we are talking about an entrepreneur an individual (depending on the translation, the concept is used: “ self-employed person”, “entrepreneur natural person”, “individual entrepreneur”), who can carry out economic or professional activity, but in any case professional activity refers to entrepreneurial activity. It is noted that natural persons engaged in independent professional activity in Ukraine pay personal income tax, military service and, along with this, a single social c","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"127 13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132684993","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":"Migration Crises as Challenges to EU Security: History of Development and Current Condition","authors":"D. Boichuk, Darya Hroza","doi":"10.37772/2518-1718-2023-1(41)-14","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-14","url":null,"abstract":"Problem setting. In countries with democratic regimes at the constitutional level (and Ukraine is no exception), a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value (including in Ukraine), because it forms the physical and intellectual potential of the country, ensures the existence of the system of state bodies through the taxation system, and the competitiveness of the nation in the international arena. In such regimes, the people themselves, as a collection of individuals, are recognized as the source of political power. Statements similar in content are also reflected in the Founding Treaties of the European Union, which enshrine the key goals and values of the EU, the basic principles of the European Union. Thus, Article 2 of the Treaty on the European Union defines the basic values of the EU as human dignity, freedom, democracy, equality, the rule of law, human rights, in particular of persons belonging to minorities. In addition, there is no objection to the fact that the European Union (beginning with its history from the time of the Communities) has today developed to the level of a unique integration association that has a large number of attractive characteristics for migration, primarily of an organizational and economic nature (4 freedom of movement within the EU, a single customs area, a common border, etc.). Therefore, the issue of demographic security is one of the main goals of regulating the migration policy of the EU member states to ensure the stable development of the countries. Otherwise, demographic problems can easily destabilize the normal functioning of the state in various spheres of its life (economic, political, cultural, religious, social). The subject matter of our research acquires special importance considering the fact that migration policy is assigned to the exclusive competence of the EU, not the member states. Analysis of recent researches and publications. The study of such a phenomenon as migration, its factors and consequences, historical analysis, assessment of its positive and negative sides are devoted to the work of such scientists as M. Weiner, B. Yuskiv, O. Oleksiv, R. Rachynskyi, O. Zastavna. Target of the research is to investigate the causes and consequences of migration flows, their historical origins, to analyze the migration crisis of 2015-2016 in the European Union, to consider the draft Pact on Migration and Asylum, which is intended to be a significant step towards the creation of a reliable and effective migration management system. Article’s main body. The main factors of migration flows are established: “classical (natural) factors” and those caused by “governmental-determined” governments. The historical and legal development of EU visa policy is analyzed. Normative legal acts regulating the sphere of legal status of refugees, citizens of third countries who are long-term residents, migrants and asylum seekers have been s","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"33 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114114315","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":"Problems of Identification of the Concept of International Technology Transfer in the Scientific Discourse","authors":"O. Rozghon","doi":"10.37772/2518-1718-2023-1(41)-1","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-1","url":null,"abstract":"Problem setting. The issues of international technology transfer are reflected in the scientific works of both foreign and Ukrainian scientists. The concept of «international technology transfer» is widely used in the legal and economic literature, but there are significant differences of opinion among scholars regarding its essence. Analysis of recent researches and publications. Among Ukrainian scientists, international technology transfer is considered more in the economic literature: H. O. Bak, O. B. Salikhova, A. S. Bura, O. O. Bakalinska, Y. Yakubivska. Various foreign scientists have considered international technology transfer in their works. In particular, R. D. Robinson and and G. F. Jewett, Kasych A. and Medvedeva G., C. Liu and S. Yan, Sepúlveda C. I. and Ocampos J. A., Lundquist D. G. and Grosse R. Target of the research is to identify the views on the category of «international technology transfer» existing in the scientific literature and to study them in order to specify the nature of international technology transfer. Article’s main body. The article is devoted to the issue of identifying the concept of international technology transfer in the scientific discourse. The article studies the conceptual provisions for substantiating the essence of the category of «international technology transfer» and conducts a bibliographic analysis of the studies of this category. The author emphasizes that the issues of international technology transfer are reflected in the scientific works of both foreign and Ukrainian scholars. The concept of «international technology transfer» is widespread in the legal and economic literature, but there are significant differences of opinion among scholars regarding its essence. This study has led to the conclusion that the variety of definitions of the concept of «international technology transfer» demonstrates the existence of diverse approaches to understanding the essence of the problem of international transfer of technology. It is determined that all approaches are reasonable and relevant and their use depends on the specific aspect under which international technology transfer is considered. The study found that in order to improve the category of «international technology transfer», its concept should be fixed in the Ukrainian Law «On State Regulation of Activities in the Field of Technology Transfer» by amending Article 1 of this Law. Conclusions and prospects for the development. The study has led to the conclusion that international technology transfer as a category is a basic, complex and complex definition that characterizes legal relations arising between a business entity or other party to the relationship and a foreign entity, which is a resident and non-resident of the country, respectively, and related to the creation, transfer of rights and implementation of technology, as well as the conclusion of certain agreements aimed at transferring rights to technology or information about technolog","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114784899","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 the Formation of Legal Awareness Under the Conditions of the Legal Regime of Martial State","authors":"M. Cherkas","doi":"10.37772/2518-1718-2023-1(41)-15","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-15","url":null,"abstract":"Recently, under the influence of external and internal factors, significant changes have been taking place in Ukrainian society. Global social changes also have a significant impact on the formation of public legal awareness, both negatively and positively. Today, in the conditions of a full-scale war, the legal consciousness of Ukrainians is undergoing transformation. How it will affect future generations is our task to analyze and model. Separate issues of defining the legal nature, types and signs of legal awareness were considered by such scientists as: O. Danilyan, Yu. Kalinovskyi, B. Kistyakivskyi, G. Klimova, O. Petryshyn, S. Pogrebnyak, M. Suhodolya and others. At the same time, the problem of determining the factors affecting the formation of legal awareness of Ukrainians is only raised in scientific research, which determines its relevance. Today, in the conditions of an almost year-long war, it is quite important to focus on the mood, preferences and expectations of Ukrainian society now and in the future. Because it was the people who became the driving force in the struggle for the inviolability of the borders of our state. Most researchers emphasize the nihilistic attitude of Ukrainian society to law. Moreover, the emphasis is on the historical prerequisites for the emergence and spread of this form of legal consciousness deformation. Thus, it is emphasized that the population has underdeveloped legal traditions, which turn into open legal nihilism, the denial of the necessity and value of law has deep historical roots. From generation to generation, disdain for the law and court, tolerance for arbitrariness is manifested in Ukraine. Right now, in the conditions of war, this situation can change radically. Or, on the contrary, nihilism can take root in the minds and hearts of Ukrainians. The author emphasizes the negative influence of external factors on the legal awareness of Ukrainian society. Among these factors, the following main ones can be singled out: covid-19, quarantine and post-quarantine restrictions, maintenance of the martial law regime and related significant restrictions on the basic rights and freedoms of a person and a citizen. And today, the ineffective work of international institutions can also be attributed to such factors of negative influence. In order to overcome the risks of the mass spread of such a form of deformation of legal consciousness as nihilism, it is necessary that responsibility for all war crimes should arise. First of all, the international legal responsibility of the officials of the aggressor state","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132998947","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":"Collective Liability of the Member States of the Unified Patent Court Agreement","authors":"I. Maryniv","doi":"10.37772/2518-1718-2023-1(41)-12","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-12","url":null,"abstract":"Problem setting. This article is devoted to the analysis of the scope of obligations, accepted by the Contracting States in the Agreement on a Unified Patent Court, as well as in the EU Regulations № 1257/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection and № 1260/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, that all form the so-called «patent pack». The subject of this research is EU Member States’ responsibility for the obligations, deriving from their activity via the enhanced cooperation mechanism and the procedural models of them being held responsible for the possible EU law infringements. The analysis of the legal base, governing the legal personality of the Unified Patent Court, including the clauses, that outline the interactions between the Unified Patent Court and the European court of justice, has been conducted. The problems and probable challenges, that will have appeared when the Unified Patent Court becomes operational, have been set, primarily stressing the problem of absence of a detailed Contracting Member States’ collective liability provision within the Agreement on a Unified Patent Court. Probable outcomes of EU law infringements have been detected and the available strategies, that can be used by the Court of Justice of the European Union for enforcing liability on the Member States and ruling its decisions on the scope and severity of such a liability, have been discovered. The conclusion about the problems and challenges, that might appear before the EU institutions, Member States, taking part in the enhanced cooperation concerning the creation of the Unified Patent Court, which will impersonate the Contracting States of the Agreement of a Unified Patent Court, has been made. Analysis of recent researches and publications. The issues of the legal nature of the Unified Patent Court and the nature of collective and individual responsibility of the member states of the Unified Patent Court Agreement were considered in the publications of the following researchers: Douwe de Lange, Jacopo Alberti, Alfredo Ilardi, Aurora Plomer, James Tumbridge, Jelena Cerani, Franklin Dehousse, Franklin Dehousse. Target of the research is to study a complex nature of the issue of individual and collective liability of the Contracting States via the Unified Patent Court agreement and to outline the possible ways of fulfilling the flaws of its legal regulation. Article’s main body. The legal rules, governing the Unified Patent Court’s liability are set in Chapter IV of the Agreement on a Unified Patent Court. Article 20 of the Agreement on a Unified Patent Court points at the EU law primacy principle, which reads as follows: «the Court shall apply Union law in its entirety and shall respect its primacy». Moreover, article 21 of the Agreement on a Unified Patent Court gives the Unified Pat","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"323 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122627983","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":"Economic and Legal Aspects of the Reform of the Legal Regulation of the Principles of the State Technology Policy Under the Conditions of the Martial State","authors":"O. Davydiuk","doi":"10.37772/2518-1718-2023-1(41)-3","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-3","url":null,"abstract":"Problem setting. The imperfection of state regulatory influence has become one of the reasons why business structures and business entities enter into communication for the purpose of creating, transferring rights and implementing technologies. The incompleteness of state policy in this area does not allow, due to regulatory influence, to compensate for those economic failures that arose as a result of the imposed restrictions of wartime due to the open armed aggression of a neighboring state. Analysis of recent researches and publications. General issues of state intervention in the sphere of the national economy were considered by many scientists. Their numerous achievements formed the basis of regulatory regulation of these processes. Among all the scientists and their achievements, I would especially like to single out V. K. Mamutov, D. V. Zadykhailo, Yu.E. Atamanova, etc. Target of the research is to form an integral system of principles of regulatory regulation of methods, techniques and actions which should be carried out by public authorities to ensure an appropriate level of state regulation in the field of technology transfer, and also to underlie the forms, methods and techniques of influence which should be implemented by the state to eliminate economic inadequacies of the technology market, including those caused by the introduction of martial law and open armed aggression of a neighboring state. Article’s main body. Any state policy, including state policy in the field of technology circulation (state technology policy), should have the following structure: (1) The purpose of state policy (that is, the purpose of which the state intervenes in the activities of economic entities and certain economic relations. Those goals, the achievement of which is the basis of regulatory actions of state authorities); (2) Tasks of state policy (these are strategic and medium-term specific goals, the achievement of which is defined as guiding criteria for state authorities); (3) Objects of state policy (these are the types of social relations that fall under the regulatory influence of the state and the impact on which is determined by the goals and objectives of state policy); (4) Principles of state policy (those fundamental principles on which it is based and which allow to ensure the stability and orientation of acts of a regulatory nature, which are adopted by state authorities to fulfill the tasks assigned to them); 5) Means of state technological policy (predetermined methods, techniques, actions by which state authorities, on behalf of the state of Ukraine, intervene in the economic relations of technology transfer). Conclusions and prospects for development. (1) The author’s concept of the bases (principles) on which the regulatory influence of the state should take place in the field of technology transfer is proposed. (a) Means of state policy in the field of technology circulation should be implemented exclusively on the basis of pre-de","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115466876","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":"Bringing to Academic Responsibility for Violation of Academic Integrity: Theoretical and Applied Problems of Regulation","authors":"T. Krasiuk","doi":"10.37772/2518-1718-2023-1(41)-10","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-10","url":null,"abstract":"Problem setting. The article highlights problematic issues related to academic responsibility for violations of academic integrity of participants in the educational process. Attention is drawn to the fact that a significant shortcoming of the Laws of Ukraine «On Education» and «On Higher Education» is the absence of such definitions as «academic responsibility», «types of academic responsibility», «academic misconduct», which significantly complicates the bringing to academic responsibility of pedagogical , scientific-pedagogical and scientific workers of educational institutions and students of education in practice. Analysis of recent researches and publications. A. Artyukhova, V. Zinchenko, Y. Kalinovsky, M. Ozhevan, O. Tytska, O. Chumak and others scientists have addressed the issue of academic integrity in their works. The scientific conclusions and approaches to the vision of these scholars are an important basis for our study. Target of the research is to study and comprehend the problematic issues of bringing to academic liability for violation of academic integrity of participants in the educational process. Article’s main body. Based on the analysis of current legislation, the author formulates a definition of the term “academic liability” and establishes its place in the general system of legal liability. The author’s definition of the term «academic responsibility» is proposed: this is a type of legal responsibility that arises for the violation of the academic integrity of pedagogical, scientific-pedagogical and scientific employees of educational institutions, students of education in scientific institutions and educational institutions and entails negative consequences of state influence in case of committing them of an academic offense. A critical assessment of the list of violations of academic integrity is given. It is noted that in the current educational legislation there is no differentiation of violations related to the training of highly qualified personnel (master’s students, doctoral students, etc.). Attention is drawn to the fact that the Law of Ukraine «On Education» establishes a list of violations of academic integrity, in which offenses that are completely different in terms of the degree of social damage, for example, self-plagiarism and bribery, are placed in the same row/ The author established that the Law of Ukraine «On Higher Education» contains a list of sanctions for violation of academic integrity not for all participants of the educational process, but only for pedagogical, scientific-pedagogical and scientific employees of educational institutions and students of education. Amendments to the current legislation regarding the clear definition of objective criteria for the selection of the type of academic responsibility for a specific violation of academic integrity are proposed. Conclusions and prospects for the development. It was concluded that academic responsibility is a multi-meaning concept, in part","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131949289","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":"Legal Characteristics of Special Investment Agreement","authors":"O. Sushch","doi":"10.37772/2518-1718-2023-1(41)-6","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-6","url":null,"abstract":"Problem setting. An investment agreement is the most common form of establishing the rights and obligations of subjects of investment activity, but investment agreements do not have sufficient legal reasoning at the legislative level. The legislator is trying to improve the legal regulation of investment activity, which leads to the emergence of new contractual structures in the field of investment activity. Thus, an amendment to the investment legislation became the consolidation of the contractual structure «special investment agreement» in the Law of Ukraine «On State Support of Investment Projects with Significant Investments», in connection with this, questions arise regarding: the correctness of the name of «special investment agreement». This question arises on the basis of the fact that the legislation does not contain a definition of the concept of «investment agreement», but there is a definition of a special investment agreement; the legal nature of relations arising on the basis of a special investment agreement, since the parties to the contractual obligations are subjects of public and private law; features of conclusion, execution, termination of a special investment agreement and liability of the parties for improper execution of contractual relations; scope of subjective rights and legal obligations of the subjects of contractual relations, since the Law of Ukraine «On State Support of Investment Projects with Significant Investments» does not reflect the rights and obligations of the parties to a special investment agreement. All these issues require a theoretical and legal understanding. Analysis of resent researches and publications. The study of modern scientific publications on the problems of legal regulation of investment activities indicates the absence of scientific publications, the subject of which would be the study of the contractual construction of a special investment agreement. Target of the research is to analyze the legal regulation of the contractual construction of a special investment agreement. Article’s main body. The signs of a special investment agreement, which indicate its specificity, have been established. Among them: the purpose of the agreement is the implementation of an investment project with significant investments; state support for investment projects with significant investments and the specific composition of subjects of contractual relations (applicant, investor with significant investments and subjects of public law the state represented by the Cabinet of Ministers of Ukraine and the territorial community). The specifics of concluding, amending and terminating a special investment agreement are defined. Conclusions and prospects for development. A special investment agreement is a complex contractual structure that contains elements of private-law and public-law nature of relations arising in connection with the implementation of investment projects with significant investments. Legal regu","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127506471","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":"Analysis and Achievement s of the European Disability Strategy 2010-2020 at the First Stage of its Implementation","authors":"T. Komarova, O. Tragniuk, D. Boichuk","doi":"10.37772/2518-1718-2023-1(41)-11","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-11","url":null,"abstract":"Problem setting. Ensuring the full participation of people with disabilities in society, combating discrimination, removing barriers and combating social exclusion are the main goals of the European Union in the field of protection of the rights of persons with disabilities. The signing of the UN Convention on the Rights of Persons with Disabilities by the European Union imposed an obligation to implement its provisions, which in turn necessitated the adoption of an instrument for the effective and full implementation of the Convention’s requirements. And European Disability Strategy 2010-2020 became such a tool. Analysis of recent researches and publications. Given the importance of this topic, the European disability policy attracts the attention of many foreign authors, including S. Charitakis, D. L. Hosking, Ch. O’Mahony, Sh. Quinlivan, L. Waddington. Among domestic lawyers, S. Vavzhenchuk, S. Maidanik, O. Melnyk, L. Susharnyk and others touched on this problem in their works. But in general, this problem remains little researched precisely in the science of international law, which gives it relevance. Target of the research is to analyze the European disability strategy 2010-2020, identify the main directions of its activities and assess the current state of implementation of relevant measures. Article’s main body. The article is devoted to the description of the state and problems of the implementation of The European Disability Strategy 2010-2020. The author provides a detailed analysis of the development and adoption process of the European Disability Strategy 2010-2020 and reveals the main goals and objectives of this document. The author also emphasizes the achievements that have been made during this stage of the implementation of the Strategy. Special attention in the paper is given to the recommendations provided by the UN Committee on the Rights of Persons with Disabilities during the review of the Strategy and the possibilities for their implementation. Сonclusions and prospects for the development. The strategy was developed in response to the significant challenges faced by people with disabilities in accessing education, employment, healthcare, and other basic services. The strategy was designed to create a barrier-free Europe by 2020, where people with disabilities could enjoy equal opportunities and participate fully in society. The author highlights the recommendations provided by the UN Committee on the Rights of Persons with Disabilities during the review of the provisions of the European Disability Strategy 20102020. The most important conclusion is that «the goals of the decade-long strategy remain fully relevant» at this stage, and it has been decided to continue implementing existing measures until the end of the Strategy’s term. It can be said that the progress made at this stage, particularly in terms of accessibility, is quite significant and allows for greater opportunities for people with disabilities to integrate ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126512686","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}