Law and innovations最新文献

{"title":"Some Aspects of Determining the Legal Status of Taxpayers Who Carries Out Independent Professional Activities","authors":"Yevhen Postoronko","doi":"10.37772/2518-1718-2022-4(40)-17","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-17","url":null,"abstract":"Problem setting. The issue of the legal status of taxpayers engaged in independent professional activity deserves special attention and has repeatedly been the subject of scientific research due to its ambiguous regulation in the Tax Code of Ukraine, the Law of Ukraine «On Collection and Accounting of a Single Contribution to mandatory state social insurance», judicial, law-enforcement and rule-making practices, as well as the views of scientists Analysis of recent researches and publications. Тhe following scientists paid attention to this issue O.O. Dmytryk, V.A. Ryadinska, L.V. Tovkun, N.A. Maryniv, O.O. Golovashevych, T.B. Vilchik, O.O. Jaburiya, N.M. Bakayanova and others. Target of the research is to characterize the legal status of taxpayers engaged in independent professional activity, to indicate the shortcomings of its legal regulation and ways to eliminate them. Article’s main body. The article analyzes aspects of determining the legal status of taxpayers who carries out independent professional activities. When determining the legal status of taxpayers engaged in independent professional activity, it is first of all necessary to take into account its legal regulation. At the same time, it is worth proceeding from general approaches to establishing the legal status of taxpayers. A systematic analysis of the norms of the Tax Code allows us to state that the concept of a taxpayer who conducts independent professional activity is specific to such a generic category as a self-employed person, so the legal status of such an entity acquires specificity, compared to the general legal status of a taxpayer. At the same time, the legislator designates special, specific types of activity, the receipt of income from which is subject to a different, than the usual, taxation procedure. As can be seen, this aspect once again emphasizes that the legal status of the designated persons as taxpayers has its own characteristics, compared to the general legal status of taxpayers. Conclusions and prospects for the development. The legal status of taxpayers engaged in independent professional activity through the prism of the elements of tax liability in the broadest sense. It was established that currently the Tax Code of Ukraine enshrines such a category of taxpayers as a self-employed person. The approach proposed by the legislator delineates the following types of entities: natural persons-entrepreneurs and natural persons engaged in independent professional activity. According to the norms of the PC of Ukraine, these two types of self-employed persons are currently marked as mutually exclusive. At the same time, the legislation provides for the possibility to be registered with the regulatory bodies for such subjects as an individual entrepreneur with a sign of independent professional activity. This indicates a contradictory normative regulation of the legal status of taxpayers engaged in independent professional activity. Attention is drawn to the fac","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"4 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":"129308657","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":"National and Foreign Experience in Implementing Tax Amnesty: Comparative Legal Aspect","authors":"K. Tokareva","doi":"10.37772/2518-1718-2022-4(40)-15","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-15","url":null,"abstract":"Problem setting. The article examines the legal regulation of such an institution as tax amnesty in different countries of the world. It is emphasized that in each country the introduction of such an institution has its own peculiarities of consolidation and implementation. At the same time, such peculiarities are due to various factors, for example, such as: the territorial and budgetary structure of the State, the model of the tax system, the model of relations between authorized and obligated participants of tax relations, etc. Analysis of recent researches and publications. Tax amnesty, the prospects for its implementation, and the experience of foreign countries have been the subject of research by such scholars as I. Bezzub, A. Glazova, O. Dmytryk, O. Makukh, I. Prykhodko, O. Slizko etc. The target of the research is to make a comparative legal analysis of the implementation of tax amnesty in the Ukraine and abroad. Article’s main body. Based on the analysis of the legal mechanisms of tax amnesty in such countries as Turkey, Germany, Luxembourg, and Italy, the author emphasizes that such positive experience is of great importance for Ukraine. Such an approach is due to the fact that almost all of the countries in question are already current EU members or are seeking to join the Union. It is emphasized that their legislative acts are aimed at economically beneficial and adequate cooperation between the state and the taxpayer. The tendency to consolidate the institution under study at the State level is a confident step towards de-shadowing of the economy, both for small and large businesses. Conclusions and prospects for the development. The article also examines some peculiarities of tax amnesty regulation in Ukraine. In particular, the author refers to such a type of tax amnesty as a one-time (special) voluntary declaration of assets of individuals. It is emphasized that this declaration is characterized by the presence of its own legal mechanism. At the same time, such a mechanism is not identical to the mechanisms of tax amnesty in foreign countries. It is emphasized that the national tax legislation of Ukraine for the first time introduced a mechanism of alternative rates of fee for a one-time (special) voluntary declaration of assets of individuals. It should be noted that such an alternative is inextricably linked to the installment procedure, which differs significantly from the traditional mechanism of taxpayers’ tax debt installment.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"38 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":"129009096","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 Aspects of Information Security of Innovative Activities","authors":"Iryna Podrez-Riapolova","doi":"10.37772/2518-1718-2022-4(40)-2","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-2","url":null,"abstract":"Problem setting. It should be agreed that the primary task of the organization of information provision of innovative activity is the formation of information resources, the composition of which should be oriented towards the establishment of information links between participants (subjects) of the innovation sphere, which carry out activities at all stages of the innovation process, in order to ensure mutual relations the connection between demand and supply of innovative products of national production. Moreover, information provision should be oriented towards the creation of effective means of access to information resources and their optimal management from the birth of an idea to the commercialization of the results of innovative activity. In today’s conditions, the issue of information support for innovative activities is gaining considerable relevance, taking into account modern trends in the introduction and use of the latest information technologies (resources). Analysis of recent researches and publications. The issue of ensuring the innovation process and innovative activity (including information) was considered in the works of many scientists. Thus, S.V. Hlibko considered the issue of functional support of the innovation process. The study of the technology transfer mechanism and its implementation in the innovation process was conducted by O.V. Rozghon.In addition, Yu. V. Pasmor considered the problems of information provision of innovations. However, today there is not a large number of scientific studies that would comprehensively cover the issue of information provision of innovative activities, therefore this topic is relevant and requires additional research. Target of the research is to study the current legal aspects of information support of the innovation process, including the study of issues of formation and use of information resources in the field of innovation activity. Article’s main body. In the scientific work, some relevant legal aspects of information provision of innovative activities are investigated. The article analyzes the norms of the current regulation of the Cabinet of Ministers of Ukraine «About the Ukrainian Research Information System», the main purpose of which is the collection, formation, preservation, verification of data and information in the field of scientific and scientific and technical activities, ensuring access to them and their use as well as automation of procedures and processes of interaction between subjects and users of the system. It has been established that the Ukrainian Research Information System functions on the more important principles of scientificity, humanism, democracy, organic combination of educational, scientific and innovative activities. It is through the implementation of the specified principles, including the principle of combining educational, scientific and innovative activities, that it is possible to ensure sustainable innovative development of the national ec","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"44 1 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":"122056855","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":"Some Directions of Use of International Experience by Law Enforcement Bodies of the Mia System of Ukraine","authors":"M. Golub","doi":"10.37772/2518-1718-2022-4(40)-14","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-14","url":null,"abstract":"Problem setting. Today, Ukraine is in a state of war. Active hostilities continue in some regions. Law enforcement agencies subordinate to the Ministry of Internal Affairs occupy one of the decisive positions in countering the aggressive manifestations of the Russian Federation. Law enforcement structures have a double burden, namely: performing tasks related to repelling an armed attack of the Russian Federation, as well as ensuring the inviolability of state borders, maintaining a proper state of public order and security, and detecting manifestations of collaborationism in controlled territories. Under the conditions of the legal regime of martial law on the territory of Ukraine, law enforcement agencies of the Ministry of Internal Affairs of Ukraine effectively perform tasks in all areas of official activity. We are talking about the maximum use of all opportunities and developments, including the use of the experience of law enforcement agencies of partner countries. In view of this, there is an urgent need to implement the positive experience of the law enforcement agencies of the USA and European countries. Analysis of recent researches and publications. Questions regarding the use of the experience of the police of Europe, the United States, and Japan in the field of security and public order protection at the national, regional, and local levels were investigated by domestic and foreign scientists, namely: O.M. Bandurka, O.I. Bezpalova, O.V. Jafarova, A.M. Dovgopolov, V.O. Zarosylo, N.V. Kaminska, V.L. Kostyuk, S.P. Melnyk, O.S. Pronevich, Yu.I. Rymarenko, V.O. Sichkar, E. Thompson, V.L. Filstein, O.S. Yunin, O.N. Yarmysh In these publications of scientists, the need to take into account the experience of the law enforcement system of foreign countries when introducing new forms and methods of work of law enforcement bodies of the system of the Ministry of Internal Affairs of Ukraine is substantiated. Target of the research is to investigate and analyze the actions of the National Police, as well as other law enforcement agencies of the Ministry of Internal Affairs of Ukraine, which are aimed at using international experience in the process of increasing the efficiency of the work of these state institutions. Study the experience of law enforcement agencies of EU countries and other foreign countries regarding measures aimed at ensuring the proper state of public safety and public order protection. Article’s main body. The article analyzes proposals for improving the effectiveness of the National Police, as well as other law enforcement agencies of the Ministry of Internal Affairs of Ukraine, using the international experience of law enforcement structures in Europe and the United States. Including the interaction of the police with local bodies of executive power, local self-government, public organizations and the population. Conclusions and prospects for the development. We can note that the effective functioning of the law enforcemen","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"3 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":"130383632","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":"Particulars of Submitting a Declaration Performing a One-Time (Special) Declaration of Assets of Individuals","authors":"O. Kovalchuk","doi":"10.37772/2518-1718-2022-4(40)-11","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-11","url":null,"abstract":"Problem setting. One-time special declaration of assets of individuals is a type of tax amnesty. At the same time, one of the characteristics of this type of tax amnesty is conditionality. In particular, it refers to the fulfillment by the taxpayer of taxes and fees (the declarant) of such conditions as the submission of a one-time (special) voluntary declaration and the payment of a fee for such declaration. Analysis of recent researches and publications. Despite the fact that the issue of legal regulation of tax amnesty has been the subject of scientific research more than once (O. Dmytryk, I. Krynytskyi, O. Makukh, V. Ryadinska, etc.), a comprehensive study of the legal regulation of such the type of tax amnesty as a one-time (special) declaration of assets of individuals was not carried out. The target of the research. Within the scope of this publication, we will focus on the specifics of submitting a tax declaration when implementing a one-time (special) declaration of assets of natural persons in Ukraine. Article’s main body. The author focused attention on the consideration of the peculiarities of submitting a declaration when implementing a one-time (special) declaration of assets of individuals. It is emphasized that the legislator considers a one-time (special) declaration as a separate type of tax declaration. It has been proven that the verification of a one-time (special) voluntary declaration is a mandatory stage in the implementation of the tax amnesty. At the same time, according to the general rule, the verification of such a declaration takes place in the form of a camera inspection, in exceptional cases a documentary unscheduled off-site inspection is carried out. It has been established that the conduct of a camera inspection in the tax amnesty regime differs from the usual procedure for conducting such inspections in a number of characteristics. Conclusions and prospects for the development. On the basis of the conducted analysis, we note that when implementing this type of tax amnesty in Ukraine, as a one-time (special) voluntary declaration, one of the important stages is the submission of a special voluntary declaration. We emphasize that the above declaration is a separate type of tax declaration, which contains specific data necessary for carrying out the tax amnesty procedure.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 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":"131135426","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":"Some Features of Taxation of Business Subjects Under the Conditions of Martial State","authors":"O. Dmytryk, Karina Kazmiruk","doi":"10.37772/2518-1718-2022-4(40)-16","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-16","url":null,"abstract":"Problem setting. The creation of an effective system of taxation of business entities is one of the main conditions for the effective functioning of the country’s economy and finances, in addition to the fact that the state ensures the redistribution of the gross domestic product and forms centralized and decentralized funds that affect not only the state’s ability to perform its functions, but also and economic status of economic agents. It is precisely in connection with this that, when forming the tax system, the state must take into account the world experience of its construction on generally accepted principles. Analysis of recent researches and publications. The works of such legal scholars and economists as V.O. Ryadinska, K.O. Tokareva, D.A. Kobylnyk, M.P. Kucheryavenko were devoted to the issue of taxation of economic entities, including under martial law. Ovcharenko A.S., Melnyk T.Y., Ivanishyna O.S., Demidenko L.S. and other. Target of the research is to clarify the peculiarities of taxation of business entities under martial law and to determine the main features and problematic issues of such taxation under martial law. Article’s main body. The article examines the peculiarities of taxation of business entities under martial law. It was noted that with the beginning of the full-scale invasion of Russian troops on our territory on February 24, 2022, the functioning of the entire social and state mechanism of Ukraine underwent forced changes. Such changes did not bypass the sphere of activity of business entities, in particular, the taxation of their activities. It is emphasized that from April 1, 2022, a new taxation model, which operates under martial law, was put into effect. It provides for the possibility of business entities to choose a special taxation regime. The introduced special taxation regime provides that taxpayers of the third group will pay a single tax of 2% of income. However, it is not enough to ensure the problem of VAT settlement from the book value of inventory balances, noncurrent assets, since the provisions on the exemption from VAT taxation of transitory balances of non-current assets have not been clarified, because before that, in the event of a change from the general taxation system to a simplified one, the VAT payer will be required to calculate tax liabilities for the following balances. Conclusions and prospects for the development. As a conclusion, it is emphasized that the introduced tax changes enable business entities to save money on paying taxes and invest them in further economic activity and thus support and develop it. At the same time, business entities must support the Ukrainian economy and, if possible, pay taxes (on a voluntary basis) and fill the budget so that the state can perform its functions. In the future, it is necessary to implement operational deregulation and update the state policy in the direction of tax and customs spheres.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"14 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":"130520178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development of the Road Map of Research Infrastructures: Experience of Switzerland","authors":"Olha Holovashchenko","doi":"10.37772/10.37772/2518-1718-2022-4(40)-3","DOIUrl":"https://doi.org/10.37772/10.37772/2518-1718-2022-4(40)-3","url":null,"abstract":"Problem setting. The research is devoted to the analysis of legal support and the practice of developing and adopting a road map of research infrastructures, based on the analysis of the experience of the Swiss Confederation. Analysis of resent researches and publications. Today, aspects of the development of innovation systems and research infrastructures of the European Union are a topic for research of many domestic researchers. At the same time, the analysis of the development of Roadmaps of research infrastructures of other countries, in particular, Switzerland remains relevant. Target of the research is to analyze the development of the Roadmap of research infrastructures of the Swiss Confederation. Article’s main body. Research infrastructures means a research facility necessary for conducting comprehensive research and development with high financial and technology demands, approved by the Government and established to be also used by other research organizations. Research Infrastructures are facilities, resources and services, including: major scientific equipment (or sets of instruments); knowledge-based resources such as collections, archives and scientific data; e-infrastructures, such as data and computing systems and communication networks. The Swiss Roadmap for Research Infrastructures is a planning tool for research infrastructures. SERI produces the Swiss Roadmap for Research Infrastructures every four years. At Swiss level, the 2023 Roadmap will present the new national infrastructure projects that Swiss cantonal universities and research institutes within the ETH Domain intend to build between 2025 and 2028. In addition, the report will include information on the status of the national infrastructure projects covered in the 2015 and 2019 editions. At international level, the 2023 Roadmap will show the international infrastructures that Switzerland is already involved in and which new participations are planned. Only projects that have successfully passed all three selection and review phases will appear on the Swiss Roadmap. The aim of this process is to select priority infrastructure projects. Conclusions and prospects for the development. The innovative development and the Roadmap of Swiss research infrastructures should be of significant interest to the Ukrainian scientific community. At the same time, an important step for Ukraine was the approval by the Cabinet of Ministers of the Concept of the State Targeted Program for the Development of Research Infrastructures in Ukraine for the period until 2026, as well as the approval of the Roadmap for the integration of the scientific and innovative system of Ukraine into the European Research Area.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"13 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":"125098052","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 Regulation of the Manufacturing Practice for Advanced Therapy Medicinal Products in the Context of Changes in the Current Legislation of Ukraine","authors":"Bohdan Andriichuk, Zinaida Samchuk-Kolodiazhna","doi":"10.37772/2518-1718-2022-4(40)-4","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-4","url":null,"abstract":"Problem setting. The approximation of Ukrainian legislation to the European Union (EU) legislative framework allows for the improvement of systems for the production of innovative medicinal products, particularly advanced therapy medicinal products (ATMP). This, in turn, requires a properly updated legislative framework that must meet EU standards. The adoption of the guideline of the Ministry of Health of Ukraine 42-4.0:2020 marked a new stage in the regulation of the production practice of ATMP in Ukraine. However, the effectiveness of implementing the provisions of this Ukrainian guideline directly depends on the level of consistency of the domestic standards of ATMP manufacturing practice with the standards of the European Union. That is why analysis is necessary to be carried out to define the current state of the Ukrainian system of legal regulation in the field of manufacturing practice of ATMP. Analysis of recent researches and publications. The general characteristics of legal regulation of public relations, which are formed in the manufacturing practice of medicinal products, became the subject of consideration by such researchers as O. G. Alekseev, O. Ya. Andriichuk, S.V. Vasiliev, V. M. Pashkova and others. However, in modern legal literature, issues related to the manufacturing practice of ATMP for human use were not raised. The target of the research is to analyse of Ukrainian and EU legislation regulating the manufacturing practice of ATMP. A rticle’s main body. The regulation of ATMP production within the framework of the European legislative process was directly related to all four categories of the latter, which was finally defined and fixed by the adoption of Regulation 1394/2007/EC of the European Parliament and of the Council, which entered into force on December 30, 2008. Since that time, active work had begun on the introduction of a new category of biological medicinal products (such as ATMP) to Volume 4 of EudraLex, which ended with the implementation on January 31, 2013, of the amended Appendix 2 of Volume 4 of EudraLex, which contained, along with the general rules for implementing good manufacturing practices of medicinal products as well as special regulations related to the manufacturing of ATMP. Subsequently, in connection with the update of manufacturing practice standards and as a result of the adoption of the guidelines on Good Manufacturing Practice specific to Advanced Therapy Medicinal Products (European guideline on GMP for ATMP) in 2018, the provisions of Annex 2 Therefore 4 of EudraLex were changed and no longer applied on ATMP. Following the development of the legal definition of ATMP in Ukrainian legislation, we should note that in the guideline of the Ministry of Health of Ukraine 42-4.0:2013, in contrast to the previous editions, such a category of medicinal products as «high-technology (biotechnological) medicinal products» was used for the first time. The Ukrainian implementation of the European guide","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"8 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":"133066330","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 Concept of Inland Navigation Law and Related Issues (Based on the Materials of Germany and Ukraine)","authors":"G. Moshak","doi":"10.37772/2518-1718-2022-4(40)-12","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-12","url":null,"abstract":"Problem setting. The article deals with the concept of inland navigation law and related issues based on the materials of Germany and Ukraine. The relevance of the study of the concept of inland navigation law is due to its importance for science and practice and its lack of research in Ukraine. The methods of analysis and comparison of theoretical concepts and legal norms, as well as the method of socio-economic statistics were used to argue proposals on the topic under study. Analysis of recent researches and publications. The connection between the concepts of inland navigation law and inland waterway is shown. The German-language works of W. Coriot, J.-H. Krumme, T. Wal-dstein, G. Holland. The subject and direction of the research of Ukrainian scientists P.E. Kazansky, A.V. Kulko, A.P. Efymenko, E.A. Samoilenko and G.V. Samoilenko were determined. Target of the research is to contribute to the improvement of the concept of inland navigation law. Article’s main body. The research was carried out in several stages: from a large number of sources, only those classified as essential by the Institute of Transport and Traffic Law of the University of Mannheim (Germany), one of the most authoritative specialized institutions in Europe, were selected and analyzed; then the commenting on the German law on private law relations of inland shipping and other sources, translated by us into Ukrainian, was completed; in conclusion, the results obtained in Ukraine are compared with the data of German authors. The study showed that the concept of «inland navigation law» is closely related to the definition of the terms inland navigation and inland waterway. The current legislation of Ukraine and the law do not provide an unambiguous formulation of the concept of inland shipping. The assumption that shipping is called inland because it uses inland waterways only partially captures the point. Inland waterways are actually used mainly by inland water transport, the activity of which is regulated by the law of inland navigation. Sea routes mostly serve maritime navigation, which is regulated by maritime law. However, the division of shipping into sea and inland based on the specified criterion (characteristics of the routes used) does not agree with the norms of domestic law and the conclusions of foreign studies. Conclusions and prospects for the development. The results of the study allowed to formulate the concept of inland navigation law as a set of mainly private law norms that regulate relations in the field of navigable use of inland waterways. The analysis of the theoretical and normative bases of the concept of inland waterway and indicators of the level of socioeconomic development of Ukraine and Germany, which affect the state and development of the concepts and norms of inland navigation law, is carried out. The volume of possible increase of cargo transportation, which can stimulate the development of the main issues of inland navigation law, is show","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"33 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":"121833246","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 Issues of Improving the Legal Regulation of Medica l Practice, Medica l Activities and Medica l Self-Government in Ukraine","authors":"I. Selivanova","doi":"10.37772/2518-1718-2022-4(40)-5","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-4(40)-5","url":null,"abstract":"Problem setting. The foundations of Ukrainian legislation on health care, adopted by the Verkhovna Rada of Ukraine on November 19, 1992, laid the foundations of the legal mechanism for the functioning of the national medical system. Currently, the medical system is going through a complex process of transformation, and this requires new legislative decisions on the issues of medical practice, medical activity, and medical self-governance. Тarget of the research is to analyze the current legislation regulating medical practice and medical activity in Ukraine and to develop proposals for solving its current problems. Analysis of recent researches and publications. Ukrainian scientists studied various issues of the functioning of the medical system of Ukraine. Among recent studies, the collective monograph “The Unified Medical Space of Ukraine: Legal Dimension” of 2022 should be singled out [22]. This work examines various issues of the functioning of the medical system of Ukraine after the beginning of its reform in 2017. However, the problems of legal regulation of medical practice, medical activity and medical self-governance are not considered in the monograph P. Mazur, M. M. Tyshchuk [6], S. Ternova [7] dealt with issues of medical self-governance, but they did not connect the success of its implementation in Ukraine with the liberalization of legal regulation of medical practice and the status of a doctor. Article’s main body. Medical care is an integral part of the concept of medical practice. When defining the concept of medical care, the legislator unites all persons who directly provide it into a general group of medical workers, without dividing into professional groups (doctor, nurse / medical brother, etc.). As a result, the subjectivity of these persons is nullified, their status is not defined. The current legislation does not contain the concepts of medical activity, activity of medical nurses/medical brothers. On the other hand, in connection with the active work on the preparation of national legislation on self-governance in the field of health care, the question of the need to separate subjects involved in the provision of medical care is acutely emerging. After all, world experience shows that states develop self-government in accordance with the professional division of medical workers medical, nursing, pharmaceutical. Real effective medical self-government in Ukraine is impossible without giving doctors more freedom for their own professional realization. In the entire democratic world, a doctor is a representative of a free profession, has various options for his own professional realization, determines his own workload and level of income, can carry out activities on the basis of a professional license without additional formalities and attachment to workplaces. On the other hand, in Ukraine, the majority of doctors are salaried employees with state-regulated workload and wages. The conclusion is substantiated that the medic","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"30 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":"133609376","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}