Law and innovations最新文献

{"title":"Termination of the employment agreement in the case of abolition of admission to a state secret: to problem issues","authors":"O. Sereda, Tetyana Krasyuk","doi":"10.37772/2518-1718-2022-2(38)-7","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-2(38)-7","url":null,"abstract":"Problem settings. Problems of protection of state secrets have become especially relevant in recent years, during the deep socio-economic transformations in Ukraine, when, on the one hand, new threats to national security, and on the other, and this must, unfortunately, admit protection of state secrets not always carried out properly. The existence of problems in this important area for the protection of the state is evidenced by the frequent labor disputes, including over various conflicting aspects of access to and access to state secrets, which are considered in administrative courts. Therefore, the need for a careful revision of certain provisions of the law governing, in particular, the refusal to grant access to state secrets becomes obvious. Analysis of recent researches and publications. O. Bondar, L. Kupina, O. Semenyuk, A. Tsapenko, O. Yaroshenko studied the legal aspects of termination of the employment contract in connection with the revocation of access to state secrets. However, today we need new topical research, the search for modern approaches to regulatory issues of dismissal of the employee due to these circumstances. Target of research. The purpose of the article is to reveal the features of the termination of the employment contract in case of revocation of access to state secrets in Ukraine. Article’s main body. The article covers problematic issues related to the termination of the employment contract at the initiative of the employer in the case of denial of access to state secrets or revocation of access to state secrets if the duties of the employee require access to such secrets. Doctrinal definitions of the concept of «state secret» are analyzed. It is proposed the author’s definition of the term «state secret» which means a type of secret information that covers information in the area of defense, economics, science and technology, foreign relations, state security and law enforcement, the disclosure of which harms or threatens the national security of Ukraine and which is protected by the state in accordance with regulations. The authors reveal the content and features of the legal mechanism for granting and revoking access to state secrets. It is proved that the employer must inform the employee in advance that his admission to the state secret carries certain restrictions established by law and he must be acquainted with the established degree of responsibility for violating the law on state secrets. Attention is drawn to the fact that the current legislation of Ukraine does not provide a clear list of positions and jobs that require access to information that is a state secret. This is due to the fact that each company has its own characteristics and the degree of secrecy and nature of information and the degree of admission to it and the admission procedure itself. Therefore, it is hardly possible to apply the methods of systematization and differentiation due to the multiplicity of features, because it will be ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122426348","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":"To the legal issues of startups in the conditions of armed aggression of the Russian Federation against Ukraine (Russian-Ukrainian War)","authors":"Denys Korytin, A. Zavadska","doi":"10.37772/2518-1718-2022-1(37)-8","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-8","url":null,"abstract":"Problem setting. The armed attack of the Russian Federation on Ukraine without a declaration of war, which took place at 5 am on February 24, 2022, at the same time radically changed the entire system of legal relations of our state. The unification of the whole nation (in the political sense of the term) against the unprecedented criminal actions of the “fraternal people” caused a temporary cessation (or modification) of the usual daily work of every citizen, foreigner or stateless person. Undoubtedly, business representatives, including startups, have been providing significant support for the resistance of our state to armed aggression since the first days. Realizing the value of such assistance and the importance of business entities for Ukraine, public authorities have developed and adopted a number of regulations aimed at updating legal relations with such entities. Analysis of resent researches and publications. Issues of startup activity have become the subject of research by such scientists as SV Glebko OV Rozgon, IV Podrez-Ryapolova, AS Petkevich, AV Sherstobitov, IV Yashchyshina and others. Within the framework of this scientific article, the specifics of the activities of startups in a state of martial law caused by an act of armed aggression of the Russian Federation against our state will be studied. The target of research is to study the legal issues of startups in the Russian-Ukrainian war. In this regard, we consider it appropriate in this article to focus on startups that are at the stage of Early Growth, because at this stage the startup acts as an officially registered business entity and, accordingly, it a number of normative legal acts regulating the activity of such subjects are extended. Article’s main body. As we have repeatedly mentioned before, a startup is an innovative idea or a newly created business entity (individual entrepreneur or legal entity). According to the officials of the international ecosystem Startup-Network, the main feature that distinguishes a startup from a normal small or medium enterprise is the mandatory trend of the startup to develop and further transform into a large enterprise. Agreeing with this feature, we consider it appropriate to supplement the characteristics of the startup with another mandatory feature innovation. This feature directly follows from the analysis of the legislation of European countries, international acts, EU documents and reference materials of a number of international organizations. Thus, based on the above mandatory features of startups, it follows that a startup goes through a number of stages of its formation and development. This research will address the issue of startups at the Early Growth stage. At this stage, the startup usually has the status of a small or medium enterprise and needs comprehensive government support. Startups in Ukraine that have faced the problem of fulfilling their commitments can now use the simplified procedure for obtaining a certific","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116824176","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":"Transformation of the principles of the legal regulation of the wage in modern conditions","authors":"O. Sereda, Yuliya Burnyagina","doi":"10.37772/2518-1718-2022-1(37)-7","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-7","url":null,"abstract":"Problem setting. The article emphasizes that the main ideas and principles play a special role in revealing the essence of the legal regulation of wages. Target of research is to study of the principles of legal regulation of wages, development and formulation of theoretical conclusions and scientifically sound proposals aimed at improving existing legislation in this area. Analysis of recent researches and publications. The study of the principles of organization of remuneration in the scientific and legal literature paid attention to such scientists as: N. Hetmantseva, S. Karinsky, G. Kaplina, R. Livshits, S. Lukash, O. Protsevsky, O. Gaeva, J. Simutina and others. Without diminishing the role and importance of the scientific achievements of these scientists, we note that this problem remains controversial today. In accordance with the general theoretical classification of principles, we will consider the views of individual lawyers on the principles of remuneration and try to formulate the normatively unconstitutional institutional principles of the latter, taking into account the problems of legal regulation of wages. Article’s main body. The definition of the term “principles of the legal regulation of wages” is formulated as guiding ideas, fundamental principles enshrined in legal norms that determine the content of legal regulation of wages at the state tution of remuneration in Ukraine necessitates an objective need to rethink the essence of the principles which are underlying it and which one are characterized by objective conditionality, regulation, imperative, coherence, systemic, universal, general significance and the certainty of the subject of legal regulation. It is noted that the legal principles of remuneration of labor which one correspond to modern market conditions, should embody the ideas that determine the nature and direction of legal regulation of remuneration and should be enshrined in law, ie should be expressed in law. Close attention is paid to the principle of unity and differentiation, which is one of the basic principles in labor law and permeates the entire system of labor law. Differentiation contributes to the unity of legal regulation of wages and unity creates the conditions for its differentiation in this area. It is substantiated that the main purpose of the principle of unity and differentiation, on the one side, is to clearly define uniform, equal working conditions for all employees, and, on the other side, to establish differentiation of working conditions for certain categories of employees in certain circumstances. Conclusions and prospects for the development. The conclusion is made about the need for normative consolidation of such institutional principles of remuneration as: a) guaranteeing employees timely and full payment of wages which ensures a sufficient standard of living for them and their families; b) ensuring proper receipt of wages; c) guaranteed material incentives for quality and conscie","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115588557","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":"TransformLegal fundamentals of infrastructure support of innovation processation of the principles of the legal regulation of the wage in modern conditions","authors":"Iryna Podrez-Riapolova","doi":"10.37772/2518-1718-2022-1(37)-6","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-6","url":null,"abstract":"Problem setting. Effective innovation activity and commercialization of its results is possible only with proper organizational and information-intermediary infrastructure support of the innovation process. The problem of creating a system of information and analytical support of scientific, technical and innovative activities in Ukraine in the formation of an innovative model of economy, which provides for a sustainable flow of effective innovation and transition of the entire domestic economy to knowledge-intensive technologies, is urgent and requires fundamentally new approaches to its development communication through the use of advanced information technology Target of research. The purpose of this study is to analyze the legal basis of infrastructure support of the innovation process. Analysis of recent researches and publications. The research of many scientists is devoted to the organization of the innovation process, development of innovation infrastructure, intensification of innovation activities and commercialization of its results. Thus, S.V. Hlibko considered modern requirements for the development of the national innovation system, organizational and legal forms and functions of certain subjects of innovation. Problematic issues regarding organizational forms of technology transfer in the innovation process were analyzed in the studies of O.V. Rozghon. Iu. V. Georgiievskyi studied the features of public administration of the national innovation system of Ukraine from the standpoint of structural and functional approach. In addition, A. N. Liubchych assessed the activities of technology parks and determined their role in the national innovation system. However, insufficient attention is paid to the problems of infrastructural support of the innovation process, which actualizes these issues. Article’s main body. Today, the organizational support of innovation and the intermediary component of information support are left out of consideration. It should be noted that information support of innovation can be considered as a set of legal, timely, effective, purposeful and secure processes of collection, perception, storage, processing, transmission, provision, receipt and use of relevant information to solve problems of legal regulation of innovation .It should be agreed that today there are ample opportunities for the emergence of new types of intermediaries that provide infrastructure for modern business models, while further efforts should be focused on researching intermediaries in the market of information and information products, so information requires significant efforts its collection, processing and storage, which creates ample opportunities for intermediary enterprises, but also requires consideration of the characteristics of the information product. Conclusions and prospects for the development. Issues of legal support of the innovation process are extremely relevant and require scientific disclosure. Thus, given the impor","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121515860","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":"Object of legal relations in the field of venture investment into innovation activity","authors":"Yurii Zhornokui, Iryna Podrez-Riapolova","doi":"10.37772/2518-1718-2022-1(37)-4","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-4","url":null,"abstract":"Problem setting. The basis of carrying out venture investment into innovation activity is a creative search for opportunities to establish the objective truth of certain processes and, if possible, their implementation into industrial production. Therefore, one can determine by using legislative norms on intellectual property the persons who own the result of intellectual creative activity, embodied into a certain objective form (a patent, a certificate, etc.). However, it is often emphasized, except the objects of industrial property rights, that the objects of venture investment into innovation activity are innovative products or technologies. Analysis of recent researches and publications. The modern research situation of the selected issues indicates the imperfection of the current legislation and the lack of legal doctrine in the context of determining the objects of legal relations of venture investment into innovation activity. Doctrinal developments of domestic and foreign experts, such as Yu. Ye. Atamanov, K. M. Vrublevska-Misiuna, V. P. Kokhan, O. E. Simson, F. Pinkow, J. Iversen, although contain analysis and arguments in favor of a certain scientific approach in the context of understanding the outlined issue, but do not give an unambiguous answer. Significant scientific achievements in considering the development of startups by business incubators and venture financing of startups is the work of O.V. Rozghon. Target of research. The objective of the article is to clarify the issue of determining the object of venture investment into innovation activity. Article’s main body. The author of the research argues against the recognition of innovative products and technologies as the object of venture investment into innovation activity, because: 1) innovative product is only the result of production activities (secondary, derivative object), when there is already the object (the object of intellectual property law) having the security document; such a product can be discussed in the context of the characteristics of quality components of the products, taking into account the implementation of a new object of industrial property rights into the innovation process; 2) the concept of technology as an object contained in the legislation of Ukraine and legal doctrine is rather vague and does not clearly answer the question on understanding the object of researched legal relations, since it is mostly a generalizing concept that covers the entire range of relations taking place in the chain of the innovation process. Conclusions and prospects for the development. The purpose of the activity of the objects of venture investment into innovation activity is to create an object of intellectual, creative activity, i.e. the creation of venture entrepreneurship object, which includes inventions, utility models and other innovations, the creation of which are carried out with a certain risk. The interest of the subjects of innovation activity is the posi","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134263563","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":"On the definition of the concept of “payment system” in the context of changes of the current legislation of Ukraine","authors":"A. Kovalchuk","doi":"10.37772/2518-1718-2022-1(37)-2","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-2","url":null,"abstract":"Problem setting. Increasing the value of cashless payments and strengthening the role of heterogeneous payment systems in recent years, especially in the conditions of quarantine restrictions related to the coronavirus disease of COVID19, has become a clear and unconditional trend in the field of economic relations. Profound changes in the organization of calculations caused by the rapid development of information and telecommunication technologies, as well as the processes of globalization, lead to the need for new scientific research on the problems of legal regulation of payment systems, since, unfortunately, theoretical achievements in this area lose their relevance due to the high dynamics of the changing economic and socio-political conditions. Against this background, recent changes in the current legislation of Ukraine require their detailed analysis and awareness, and therefore the revision of certain fundamental views, including the definition of the concept of “payment system.” Analysis of resent researches and publications. The study of payment systems as an immanent component of the economic sphere has its own history and specifics. They were studied both from the position of economic theory, and became the subject of scientific searches of representatives of legal science. Some issues of essence, organization and functioning of modern payment systems have been the subject of scientific interest as domestic, and foreign economists, including Woodford M., Gerasimova S., Grytsenko A.A., Gross D., Demkivskyi A.V., Issing O., Koval I.M., Lukyanov V.S., Movchan O.A., Olifirenko M.M., Senyshchiv P.M. Their theoretical achievements are the foundation of understanding the peculiarities of legal regulation of heterogeneous calculation relations in modern economy. Lay the foundations for creating a holistic theory of settlement legal relations, and also contribute to the formation of the concept of payment law. Target of research is to update the issue of the essence and concept of the «payment system,» as well as to highlight the peculiarities of the transformation of the defining features of such an object of legal regulation in the conditions of systemic changes in the special legislation of Ukraine. Article’s main body. The article considers the problem of defining the concept of “payment system” in the conditions of radical change of the special legislation of Ukraine on the organization of settlement relations. It emphasizes the lack of a generally accepted scientific approach in the question of determining the concept and essence of the payment system, emphasizes the presence of a broad discussion on such a problem. Attention is drawn to the shift of emphasis in determining the essence of the payment system from the transfer of funds to the provision of payment services. The author’s definition of the payment system as a legal form of payment services provision is proposed. Conclusions and prospects for the development. There is a wide ","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121780246","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":"Technology transfer mechanism and its implementation in the innovation process","authors":"O. Rozghon","doi":"10.37772/2518-1718-2022-1(37)-3","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-3","url":null,"abstract":"Problem setting. Since there are several types of mechanism depending on the direction of innovation activity, it is quite fair that today the category of “legal mechanism” and, in particular, “economic and legal mechanism”, “economic and organizational mechanism” is of interest not only. Target of research. The goal of the research is to outline the conceptual mechanism of technology transfer, where one of the most important factors that have the greatest impact on the functionality, that is the crushing force is the potential of development as an object of commercialization and implementation of ready-to-use technology on the professional market. Analysis of recent researches and publications. Eglė Štareikė analyzed the organizational mechanism through an approach to the system of complex control of an open system of socio-economic integration. Boichuk R. P. uses legal mechanisms to ensure the proper implementation of subjective rights and legitimate interests of economic subjects defined by the Constitution and laws of Ukraine. Tereshkina N. E. insists on the existence of normative-legal and regulatory mechanisms in the innovation sphere. Article’s main body. The author points out that the structure of the technology transfer mechanism includes the following elements: the object; the center; the subjects; a set of methods and techniques as tools of analytical, research nature and tools for implementing intentions and plans; the conditions that determine the limitations and requirements for obtaining the target result; the stages An exclusive feature of the organizational and economic mechanism are the subjects and their actions. Entities that create and / or use technologies and / or their components and which own or transfer property rights to use intellectual property rights that are part of technology and individuals who are directly involved in the creation, transfer and use technologies and / or their components, provide the necessary information, financial and other services at all stages of promotion of technologies and / or their components on the market perform certain actions that lead to a certain result at each stage of technology transfer. It was revealed that the stages of technology transfer mechanism consist of stages, which are implemented through processes and end with the compilation of specific documentation. Singling out the individual stages and determining the content of the stages, the processes of each stage is essential for understanding the innovation process. In particular, the following stages: the choice and preliminary assessment of technology; establishment of an assessment of the chosen technology involves the following processes; conducting research to identify a calculation of the assessment of the potential of the development as an object of commercialization and promotion of ready-to-use technology in the core market; cooperation with consumers of technology. Conclusions and prospects for the development. T","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130467977","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":"Innovations as the basis for the modernization of modern society","authors":"M. Khaustova","doi":"10.37772/2518-1718-2022-1(37)-1","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-1","url":null,"abstract":"Problem setting. Current events in Ukraine have forced a new look at the concept of “modernization of the legal system” and innovation processes. The process of modernization of the legal system is developed on the initiative and with the support of the state and through legal means of influence on society. This process has long had a great impact on the nature and state of Ukrainian statehood, the role of law in our society, the understanding of law by Ukrainians, their attitude to law and the state. Analysis of resent researches and publications. The analysis of modernization and innovation processes in politics is conditioned by the need to study the problem of political transformations of the Ukrainian state and society, changes in the political system, transformation of political life, search for alternative ways out of crisis situations. Innovative political development takes place in the context of global transformations on a global scale. This means the need to study and apply foreign, international experience in the development and implementation of innovations in political practice, taking into account Ukrainian conditions. Modernization and innovation processes in public and political life are studied in the works of T. Parsons, S. Eisenstadt, D. Lerner, W. Moore, A. Etzioni, W. Rostow, G. Almond, S. Verb, L. Binder, L. Pai, S. Huntington, A. Toynbee, P. Sorokin, K. Jaspers, Palamarchuk M.O., Glibko S.V., Simpson O.E. and others. Target of research. The process of modernization and innovation are of great importance in the life of Ukraine. The idea of modernization and innovation can be considered as an idea that unites Ukraine, as part of the state ideology, as the dominant development of Ukraine. These ideas influenced further progress in economic, scientific, technical, social and other relations. Studying the peculiarities of the processes of modernization of law in Ukraine is not only interesting but also useful from a practical point of view. The concept of innovative modernization is studied, which changes the type of socio-economic development of society and requires the transformation of the existing political system. Article’s main body. Modernization as a global process entails changes, including in the social sphere. These include increasing social mobility and quality of life, forming institutions of social policy and civil society, increasing the value of human capital, the need for constant investment in professional development and staff development, improving education, expanding access to tangible and intangible benefits. Competition and constant development are the main prerequisites for modernization processes. Innovation should be understood as a commitment to think and act in a way that promotes continuous improvement by identifying, disseminating and embracing creative ideas. Innovation should improve public policy, administration and the re-use of existing knowledge, as well as the creation and application of ne","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124815251","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 role of ECA in the issue of stimulating Ukrainian high-tech exports during war","authors":"Vira Chubenko","doi":"10.37772/2518-1718-2022-1(37)-5","DOIUrl":"https://doi.org/10.37772/2518-1718-2022-1(37)-5","url":null,"abstract":"The article is devoted to the study of the problem of stimulating the production and export of high-tech products, in particular, during martial law, and the role of the Export Credit Agency (hereinafter – ECA) in this matter. As of today, the role of the state in providing favorable conditions for the promotion of hightech products in foreign markets is growing significantly. At the same time, the role of the state is not so much in direct assistance to business entities (which is quite difficult given the financial situation of the state during the war), but in the use of other effective tools and institutions designed to stimulate production and export of high-tech products. At present, the Export Credit Agency of Ukraine is considered to be such an effective institution. In connection with the above, in order to learn from the positive experience, the article analyzes the formation of this institution in other countries and its positive impact on foreign trade of such states. According to the results of the analysis, the advantages of creating and properly organizing the activities of these Export Credit Agencies for the economy of a particular country as a whole and for individual businesses. Some aspects of modern legal regulation of the Export Credit Agency in Ukraine have been studied. In addition, the changes to the current legislation in the legal regulation of ESA activities, which were adopted during the martial law in Ukraine, are highlighted and analyzed, their impact on the real stimulation of exports of Ukrainian products is predicted. Given the special importance of Ukrainian exports during the war, as well as the need to increase the supply of high value-added products, proposals were made to improve the activities of the Export Credit Agency of Ukraine in terms of ensuring and stimulating exports of high-tech products.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"459 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115868326","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":"Environmental security as an international legal category","authors":"V. Polych","doi":"10.37772/2518-1718-2021-4(36)-7","DOIUrl":"https://doi.org/10.37772/2518-1718-2021-4(36)-7","url":null,"abstract":"Problem setting. The problem of environmental security has gone beyond national borders and acquired a planetary character. If before the issue of ensuring the environmental security of countries was solely their internal affair, over time, state borders from an environmental point of view gradually lost their importance, became transparent.\u0000\u0000Analysis of recent researches and publications. The study of theoretical or some practical aspects of the legal nature of environmental safety were engaged in domestic and foreign scientists, among which are the works of: A.P. Hetman, H.V. Anisimova, G.I. Balyuk, S.A. Bogolyubova, M.M. Brinchuk, I.I. Karakash, T.G. Kovalchuk, V.V. Kostytsky and others.\u0000\u0000Target of research is to determine the essence and features of environmental safety as a legal category in terms of international law.\u0000\u0000Article’s main body. The article examines the definition of «environmental security» as a legal category. Its legal nature and its connection to international security are being established. In particular, environmental security as a legal category is considered from two points of view, as a certain state of protection of a person from threats caused by an thropogenic impact on natural objects, and as a system of legal instruments regulating the use of natural resources for their protection, as well as prevention and counteraction to threats that have a detrimental effect on the environment. Through the analysis of international legal acts, modern approaches of the international community to ensuring environmental security are determined.\u0000\u0000The international mechanism for environmental security is constantly evolving, it should be recognized that it is unfortunately not perfect and is not able to fully solve today's environmental problems, as well as to prevent an environmental catastrophe on a global scale. By concluding international agreements alone, it is impossible to ensure effective protection of all elements of the natural environment.\u0000\u0000Conclusions and prospects for the development. Therefore, it is important to consolidate the efforts of all participants in international communication in developing common approaches to solving this problem and actively using numerous international treaties and soft law instruments, best national practices, and involving civil society.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"217 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123736761","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}