Law and innovations最新文献

{"title":"The Value of Academic Writing for Doctor of Philosophy Dissertations in Law","authors":"Vasyl Pyvovarov","doi":"10.37772/2518-1718-2023-1(41)-17","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-17","url":null,"abstract":"Problem setting. The issue of speech competence of legal professionals is gaining more and more importance in connection with the observance of academic integrity both in the educational process and in professional activity. Academic writing is the basis on which legal experts, in particular, in the process of preparing a dissertation for obtaining a doctor of philosophy, create scientific texts, form and present their own ideas, argue, generalize and abstract. Analysis of recent researches and publications. The issues of academic writing, academic literacy, and academic culture were investigated by T.V. Tymoshenko, N.V. Grechikhina, G.F. Khoruzhiy, N. Shlichta, T.V. Lyuty, A. V. Vykhrushch, M.B. Tsenko and others. Academic writing is interpreted as the process of creating and publishing a scientific text, which involves the expediency of using the possibilities of modern information technologies, as well as mastering the basics of academic culture. Yuvayapan F., Bilginer H., Lin L. H. F., Morrison B. dealt with issues of the importance of academic writing for graduate students. Target of the research is to find out the importance of academic writing, academic literacy for the training of legal professionals in the process of preparing dissertations for obtaining the scientific degree of Doctor of Philosophy, to deepen speech competence and to suggest areas for improvement. Article’s main body. The issue of language and speech competences of law specialists in academic writing, in particular in the preparation of scientific texts of higher education holders of the degree of doctor of philosophy (postgraduate students), was investigated. The specifics of the concept of “academic writing”, its types and structural elements are clarified, the compliance of dissertation annotations with the norms of the modern Ukrainian language, compliance with the laws of academic writing, which is considered by scientists as a complex and multifaceted complex of skills that includes linguistic, syntactic and stylistic competences, is analyzed. The importance of proficiency in academic literacy in relation to written language involves the purpose of the work and the task. The result of academic writing should be an impeccable scientific text, both from the point of view of linguistics and regarding the formulation of the topic of the scientific work, its relevance, scientific novelty, substantiation of the significance of the research results, etc. It is analyzed how the quality of academic writing dynamically changes in the process of language design of dissertation annotations. Attention is focused on typical language problems in academic writing, ways to avoid them are suggested. The competence of specialists in the field of law regarding the peculiarities of academic writing, its structure and requirements for it, language specifics will allow avoiding many mistakes in the professional field, will contribute to the creation of a highquality academic text, and w","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"33 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":"123021918","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 Legal Problems of Supporting the Development of Start-Ups in the Conditions of the Russian-Ukrainian War","authors":"Anhelina Chupryna","doi":"10.37772/2518-1718-2023-1(41)-7","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-7","url":null,"abstract":"Problem setting. The criminal attack of the Russian Federation on Ukraine without a declaration of war on February 24, 2022 fundamentally changed the entire system of legal relations of our state. Such armed aggression was also reflected in the entrepreneurial activity of startups as newly created subjects of entrepreneurial activity. Currently, the legal system of our country is in constant evolution in order to develop methods of supporting such subjects of entrepreneurial activity. Attention is also drawn to a number of law-enforcement aspects of startups that are not regulated at the level of regulatory and legal acts, which have a direct impact on the prospects of their development in Ukraine. Аnalysis of recent researches and publications. The issue of startup activity became the subject of scientific research by such scientists as S. V. Hlibko, O. V. Rozgon, I. V. Podrez-Ryapolova, A. S. Petkevich, A. V. Sherstobitov, I. V. Yashchyshina, and others. Within the framework of this scientific article, the specifics of the activity and support of startups in the conditions of martial law at the current stage of the Russian-Ukrainian war will be investigated. Тarget of the research is to examine the problems of startups that are in the Expansion and Exit stages of development at the current stage of the Russian-Ukrainian war. These are the final stages of the development of startups, which occurs after the stages of Pre-seed, Seed, Startup, Early Growth. After successfully passing the specified stages, the subject of entrepreneurial activity turns from a startup to an innovative enterprise, as it ceases to meet the criterion of small size and innovation. That is why the effective passage of these stages of development makes it possible to strengthen the economy of our state with another large enterprise, which at the same time has a positive effect on the market of innovative products and makes contributions to the budget of Ukraine through the payment of taxes and fees Аrticle’s main body. A startup is a high-risk type of entrepreneurship, as a result of which the challenges faced by representatives of Ukrainian business during the full-scale war mostly had a greater impact on startups. The analysis of the monitoring data allows us to state that the most observed influence is the regional location of business entities, while the negative influence of such factors as tax and regulatory pressure, the corruption component, lack of qualified employees, etc., was significantly reduced. Relocation is considered to affect the fault of the party to the obligation and is the basis for reducing the amount. Conclusions and prospects for the development. The analysis of statistical studies makes it possible to claim that a number of risks, which were key for startups in previous years, have reduced their impact. Instead, in 2022-2023, the biggest risks for startups are circumstances related to the conduct of hostilities. So, in particular, the regional loc","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"135 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":"130908995","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":"Euro-Integration Direction of Changes in Circular Industry 4.0","authors":"N. Vnukova","doi":"10.37772/2518-1718-2023-1(41)-16","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-16","url":null,"abstract":"Problem setting. The innovativeness of changes in Industry 4.0 systems involves not only comprehensive digitalization and automation of production processes and management, but also solutions to issues of environmental protection and a closed production cycle. The circular economy and Industry 4.0 are interrelated topics and require additional research. Analysis of recent researches and publications. An in-depth study of many components of Industry 4.0 was conducted by Zadorozhnij G.V. The peculiarities of the relationship between the circular economy and Industry 4.0 and sustainable development were dealt with Hennemann Hilario da Silva, T. and Sehnem, S., Di Maria E., De Marchi V., Galeazzo A., Tang Y. M., Hallioui A. et al. Hnap A. studied the prospects for the development of circular Industry 4.0 until 2030. Target of the research is to determine the general principles of potential innovative changes of Industry 4.0 in the conditions of European integration under the influence of the circular economy. Article’s main body. The article examines the role and significance of the circular economy and Industry 4.0 processes, which are gaining particular importance in relation to the level of costs and the effectiveness of the changes that may occur. The problem lies in the parallel development of changes in the circular economy and Industry 4.0, which must be combined. Analysis of recent studies has shown that the circular economy and the concepts of Industry 4.0 together influence sustainable development. An essential characteristic of the changes taking place under the influence of Industry 4.0 is the increase in the impact of changes in the circular economy and the formation of the environmental factor. Prospective programs for the transition to a circular economy using Industry 4.0 technologies are potential application strategies in specific fields of research. According to the data of various studies in different countries, evidence of the relationship between these topics has been obtained. The European Commission considers the transition from Industry 4.0 to Industry 5.0 as a direction that strengthens the importance of European industry and is a key direction of economic and social change, it should lead the digital and environmental transition. In the article, a Google Trends search was made for the topics «circular economy», «Industry 4.0», 2Industry 5.0» for the time period of the last 12 months (as of March 5, 2023) all over the world, Ukraine, some EU countries, with the selection of an average level of interest in these topics The average level of interest in the topic of the circular economy in the world is much higher than in the topic of Industry 4.0. Similar to the world indicators of the country of Italy, while in Ukraine the ratio is similar, but at a much lower level. Ukraine is close to Poland, but the trends are opposite, in Ukraine the demand for the circular economy prevails, and in Poland for Industry 4.0. Only two countr","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"270 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":"114277415","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":"Impact on Innovative Activity of Subjects of Economic Using of Natural Resources","authors":"Olga Shapovalova","doi":"10.37772/2518-1718-2023-1(41)-19","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-19","url":null,"abstract":"Problem setting. As a result of open Russian aggression and hostilities on the territory of Ukraine, significant amounts of Ukrainian land, water and underground sources, and other natural resources have been withdrawn from economic circulation. These circumstances have a significant impact on the state of operations and innovative behavior of entities that use natural resources. Therefore, mechanisms of investment, innovation and state support for both entire industries and individual business entities that are appropriate to these circumstances are in demand. Under the above conditions, the problem of introducing the latest management technologies as a factor of manifestation of the initiative of innovative activity from the outside, which is directed at the subjects of economic use of natural resources, is becoming relevant. Analysis of recent research and publications. S.V. Solodchenko’s dissertation argues that not only state control should contain a social component, but also non-state control. He summarizes foreign experience and positively assesses the system of reporting on sustainable development indicators. Y. Brairaktar substantiates the stages of formation of nonfinancial reporting of enterprises, I. Vasylchuk considers non-financial reporting as a tool for managing the sustainable development of corporations, T. Sikorska and O. Osadcha predict the ways and consequences of integrating non-financial indicators into the reporting of a business entity. Target of the research is to study the problems of harmonization of the provisions of legislation on the use of natural resources in the field of economic activity on the basis of economic and legal approaches in order to formalize the procedure for certifying by economic entities their contribution to improving or intending to improve in the future the economic, environmental and social situation, as well as the processes and trends of economic development at the local, regional and global levels. Article’s main body. The modern system of reporting on sustainability indicators was developed by the Global Reporting Initiative (GRI) and was positively received by representatives of big business, transnational campaigns, nongovernmental organizations, investors, regulatory organizations and others. The article is devoted to the study of the issue of relevance of innovation activity depending on the presence of a social component in the approaches to the selection of an investment object/subject. The author presents the results of studying the experience of legal support for the growth of the economy of enterprises in ways that are environmentally sustainable. Reporting on environmentally sustainable ways of economic growth of enterprises becomes an information and communication tool for taking the initiative for innovation activity (introduction of the latest management technologies). The current state of research into the issues of legal support for the growth of the enterprise economy in ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"46 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":"126661339","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":"International Legal Regulation of the Principle of Non-Discrimination in the Field of Protection of the Rights of Person s With Disabilities","authors":"S. Maidanik","doi":"10.37772/2518-1718-2023-1(41)-13","DOIUrl":"https://doi.org/10.37772/2518-1718-2023-1(41)-13","url":null,"abstract":"Problem setting. Opposing discrimination and ensuring equality for all individuals is one of the most important responsibilities of every democratic, rule-of-law state. Legal regulations regarding these issues are enshrined in numerous provisions not only in the Convention on the Rights of Persons with Disabilities, but also in regional legal acts Analysis of recent researches and publications. Because of the importance of ensuring equality and prevention of discrimination of people with disabilities this problem was analyzed by many foreign authors, including D. L. Hosking, S. Charitakis, L. Waddington, Sh. Quinlivan and others. Domestic lawyers such as: O. Melnyk, S. Vavzhenchuk, L. Susharnyk and others also worked on this topic but only in some areas, so it didn’t get enough attention. Target of the research is to analyze the characteristics and compare the anti-discrimination provisions regarding persons with disabilities at both the universal and regional levels, while providing examples of such regulation at the national level. Article’s main body. The article focuses on the analysis of international legal acts of the United Nations, Council of Europe, and the European Union in the field of combating discrimination against persons with disabilities. The UN Convention on the Rights of Persons with Disabilities is the main document that serves as a reference point for all other acts, although it has a more programmatic character and requires further implementation steps. The author notes that at the regional level, there are successful examples of further development and clarification of the Convention’s provisions, including a clear division and characterization of types of discrimination, which is not present in the Convention. The author also emphasizes the important role that regional judicial bodies (the ECHR and the EU Court) play in protecting persons with disabilities from discrimination, as they carry out both interpretative and legal gap-filling functions through their practice. Сonclusions and prospects for the development. Since the UN Convention on the Rights of Persons with Disabilities occupies a central place in the system of international legal acts in the field of protection of the rights of persons with disabilities, both individual states and the Council of Europe with the European Union use it as a basis for developing their own normative acts on the protection of the rights of persons with disabilities, including regarding ensuring equality and non-discrimination. At the same time, it should be pointed out the existence of positive practices in this direction and not only the implementation, but also the development of the provisions of the Convention, such as the Council of the EU Directive on Employment Discrimination or the case law of the ECHR in this area. The author highlights that one of the most important elements of fighting discrimination in the context of disability is the imposition by the Convention of posit","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"149 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":"122499443","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 Status of Inland Waterways in Ukraine and Germany","authors":"G. Moshak, O. Ivanova","doi":"10.37772/2518-1718-2022-4(40)-13","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-13","url":null,"abstract":"Problem setting. The development of inland water transport in the European Union is supported by significant investments, legislation and innovations. The results of foreign studies indicate the need to improve the concept of inland waterway in science and legislation, as these are important components of water transport development. By the Resolution of the Cabinet of Ministers of Ukraine No. 136 dated 09.02.2022. \"On Approval of the List of Inland Sea Waters and Inland Waterways Categorized as Navigable\" and Resolution of the Cabinet of Ministers of Ukraine No. 640 of 12.06.1996 (no longer in force), the Ukrainian part of the Danube River was granted the status of a sea lane. Accordingly, the ports on the Danube River are called not river ports, but sea ports. The granting of the status of a sea lane on a particular river results in the attribution of transportation carried out on them to sea transportation. The share of cargo processing on inland waterways and ports located on them decreases accordingly. Persons involved in river transportation, in order to attract as many customers as possible, are trying to expand the range of their services by granting the port the status of a sea port. If it is able to accept sea vessels, despite the location on the river. This contributes to the reduction of both the volume of traffic on inland waterways and the reduction of funding for their development and legal support.\u0000\u0000Analysis of recent researches and publications. The term inland waterway was used in the works of the pre-revolutionary scientist Kazansky P.E., in the works of contemporaries Kulko A.V., Efimenko A.P., Samoilenko G.V., Samoilenko E.A., but without its analysis in the context of German law.\u0000\u0000Target of the research is a comparative analysis of the concept of waterway and its status in the law of inland navigation based on the materials of Ukraine and Germany, studying the possibilities of their improvement in the context of changes in the situation on inland water transport.\u0000\u0000Article’s main body. The legal status of inland waterways develops along with the development of transport relations. We are talking about relations that arise in connection with the use of waterways, infrastructure and means of transport, as well as relations that exist in the process of preparation and regulation of transportation. The study of the problem of the status of the inland shipping route based only on the materials of Ukraine would be incomplete given the fact that our country does not occupy a leadership position in the specified mode of transport and, as a result, in the relevant law.\u0000\u0000In Germany, there are thorough laws and extensive commentaries, monographs and scientific articles based on the results of the analysis of court cases, which are a consequence of the rapid development of inland shipping. In Germany, inland shipping relations are regulated by more than a dozen special laws, the most important of which is the law «On Private Law Relation","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115604326","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":"Financial Monitoring of Payment Card Transactions","authors":"N. Vnukova, Viacheslav Avanesian","doi":"10.37772/2518-1718-2022-4(40)-9","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-9","url":null,"abstract":"The relevance of determining the impact of international standards on the development of financial investigations is determined by the need to build an effective financial monitoring system and improve the effectiveness of coordination of the activities of financial monitoring entities, in particular, at the state level. The aim of the study is to develop theoretical provisions and practical skills to determine the essence of financial monitoring and development of the direction of financial investigations to counter money-laundering and the financing of terrorism. It has been established that cash is widespread in criminal money laundering schemes. In the context of a sufficiently large amount of cash in the economy, which is used on a scale taking into account the nature and specifics of their activities, identifying and combatting money-laundering of criminal proceeds using cash is a difficult task. Given the constant introduction of legislative restrictions and increased control of the financial system by public authorities, intruders are developing new or improving existing money laundering schemes, aiming to give illegal financial transactions the most legal appearance. At the same time, both at the level of public authorities and at the level of primary financial monitoring entities, new methods and approaches to identifying money laundering schemes are constantly being introduced and improved. The organization of financial investigations has become more important since the introduction of international FATF standards.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"457 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131802764","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 Regulation in the Sphere of Virtual Assets Turnover in Ukraine","authors":"R. Samsin","doi":"10.37772/2518-1718-2022-4(40)-10","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-10","url":null,"abstract":"Problem settings. The article examines the legal provisions for determining the measures of state regulation of the activities of virtual assets market participants which the Ukrainian legislator decided to apply in the sphere of circulation of such assets in Ukraine. The article analyzes the provisions of the Law of Ukraine No. 2074-IX “On Virtual Assets” dated February 17, 2022, which defines the State regulation of the virtual assets market as the implementation by the State, represented by the National Securities and Stock Market Commission and the National Bank of Ukraine, of comprehensive measures to streamline, control and supervise the virtual assets market, regulate the rules of operation of service providers related to the circulation of virtual assets, as well as measures to prevent and counteract abuses and violations in the virtual assets market. The study of legal regulation problems in the field of virtual assets was carried out such scientists as: S. Honcharenko [1, p. 152-157], A. Ovcharenko [2, p. 200-202], N. Arkhireyska, O. Kuchkova [3], V. Korneev [4, p. 40-46], O. Lyzunova [5, p. 196-199], O. Kud, M. Kucheryavenko, E. Smуchok [6, p. 33], V. Ryadinska [7, p. 152-157], A. Protsenko [8, p. 130-134], V. Polatai [9, p. 155-162] and others. The target of the research is to analyze the norms of Law No. 2074-IX to determine measures of state regulation of the activities of participants in the virtual assets market, which the Ukrainian legislator decided to apply in the sphere of circulation of such assets. Article’s main body. It is stated that the legislator has classified service providers related to the circulation of virtual assets and users of such services as participants of the virtual assets market. Services related to the circulation of virtual assets include services for the storage or administration of virtual assets or virtual asset keys, services for the exchange of virtual assets, services for the transfer of virtual assets, intermediary services related to virtual assets. The author emphasizes that the activities of service providers related to the circulation of virtual assets are allowed only subject to obtaining a permit for the provision of services related to the circulation of virtual assets of the relevant type. In addition, the amount of the fee for issuing a permit for the provision of services related to the circulation of virtual assets for residents and non-residents of Ukraine is fixed and it is noted that the issuance of such a permit is carried out in accordance with the procedure established by the National Securities and Stock Market Commission. At the same time, it is not clear what exactly the legislator meant by “permission”. Conclusions and prospects for the development. Taking into account that for such a permit providers of services related to the circulation of virtual assets will have to pay a certain amount of money, the author assumes that it will be a “state permit for the right to provide ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123841042","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":"Determinants of the Influence on Economic Sovereignty in the War and Post-War Period","authors":"K. Yefremova","doi":"10.37772/2518-1718-2022-4(40)-1","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-1","url":null,"abstract":"Problem setting. The Russian invasion of Ukraine caused heavy casualties, significant displacement of the population, and extensive damage to infrastructure. The impact on economic activity is enormous: real GDP has fallen sharply, inflation has risen, trade has been significantly disrupted, and the budget deficit has risen to unprecedented levels. All this directly affected the realization of the economic sovereignty of Ukraine. Analysis of recent researches and publications. During the last decade, domestic authors devoted a lot of attention to the study of the legal nature of economic sovereignty and the factors influencing it. However, the works of E. M. Bilousov, I. V. Yakovyuk, O. B. Vasylchyshyn, A. Yu. Tkrenko, M. M. Khapatniukovskii, B. V. Derevyanka, and V. M. Kostyuchenko deserve special attention. At the same time, the problem of ensuring economic sovereignty in the conditions of martial law and in the post-war period is only raised in scientific research, which determines its relevance. The target of the research is to find out the significance of external determinants of influence on the processes of ensuring the economic sovereignty of Ukraine in a special period, as well as to substantiate the priority directions of the state’s economic policy to reduce the negative factors of influence on economic sovereignty in order to realize the national interests of post-war economic recovery. Article’s main body. The article is devoted to the issues of determining exogenous determinants of influence on economic sovereignty in a special period. The author proposes to consider the system of determinants of influence on economic sovereignty not only at the national level, but first of all, taking into account the imbalances that threaten the stability of the world level due to the regional and sectoral economic interdependence of states. The author offers a classification of such factors based on the constituent parts of economic sovereignty. In the study, special attention was paid to some determinants, in particular, the cooperation of the state with international financial institutions, the migration processes of the working population and the relocation of business outside the country. Conclusions and prospects for the development. The author draws attention to the fact that international measures for financial support of Ukraine (financing of the collective West) on the terms of long-term crediting contribute to the achievement of macroeconomic stability, timely and immediate restoration of infrastructure and support of the competitiveness of the Ukrainian economy, but do not solve all the deep problems and do not reduce the total amount of public debt , which in the future will be a lever of influence on the economic sovereignty of the country. It is concluded that, in Ukraine during the war period and for some time after, there will be a temporary limitation of the realization of economic sovereignty, which requires the country’s author","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116550180","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":"The Principle of Racta Sunt Servanda in the Mechanism for Ensuring the Fulfillment of Obligations Under International Agreements","authors":"V.S. Kyrhizova, I. Maryniv","doi":"10.37772/2518-1718-2022-4(40)-8","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-8","url":null,"abstract":"Problem setting. The mechanism for ensuring the fulfillment of obligations under international treaties is a complex legal phenomenon that includes a number of international legal institutions (the institution of obligation, institutions related to good faith, means of ensuring the fulfillment of obligations, institutions of international judicial bodies, institution of responsibility). The main premise that contributed to the formation of the mentioned institutional mechanism is the principle «pacta sunt servanda» «agreements must be fulfilled», which concentrated in itself the idea of the binding nature of international agreements, and later the conscientiousness of their implementation. Denoting the binding nature of any legal agreement, the principle «pacta sunt servanda» is one of the main principles of contract law. However, its implementation is accompanied by a number of problems, the solution of which requires the development of an appropriate scientific basis. Analysis of recent researches and publications. The analysis of recent researches and publications shows that the issue of the principle of contractual law “pacta sunt servanda” has repeatedly attracted the attention of the scientific community. Some of its aspects were considered by both Ukrainian and foreign scientists, including: S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin and others. However, most of the research and publications available today are rather superficial in nature. Target of the research is to analyze the legal meaning and essence of the principle «pacta sunt servanda». Article’s main body. The purpose of the article is to analyze the legal meaning and essence of the principle «pacta sunt servanda». The article highlights the legal meaning and essence of the «pacta sunt servanda» principle. The author takes the position that the binding nature of international agreements is based not only on the consensual nature of contractual norms, but also on the mutual interest of the parties in the agreement. The article explains the nature of the principle «pacta sunt servanda» from the standpoint of «jus cogens», which theoretically substantiates the meaning of the principle as a prerequisite for the formation of a mechanism for ensuring the fulfillment of obligations under international treaties. Based on a number of philosophical and legal theories, the most common of which are the theory of promise, the will theory, as well as the theory of efficiency, «pacta sunt servanda», as one of the principles of contract law, is generally recognized in legal science. The study of these theories justifications allows us to ascertain the absence of historical continuity between the initial and subsequent meanings of the principle, and even the absence of a consensus view in the doctrine. Conclusions and prospects for the development. Realizing the need to observe laws, as well as observing international treaties, at the individual lev","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121696445","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}