Visnyk of the Lviv University. Series Law最新文献

{"title":"ЗАБЕЗПЕЧЕННЯ ФУНКЦІОНУВАННЯ ДЕРЖАВНОЇ МОВИ ПІД ЧАС ВИБОРІВ В УКРАЇНІ: ПРОБЛЕМИ ДОСТАТНОСТІ","authors":"Volodymyr Kobryn","doi":"10.30970/vla.2023.77.159","DOIUrl":"https://doi.org/10.30970/vla.2023.77.159","url":null,"abstract":"The article is devoted to the issues of ensuring the functioning of the state language during the elections in Ukraine. A detailed analysis of the constitutional and legal support for the functioning of the state language during the elections in Ukraine is carried out, examples of the legal positions of the Constitutional Court of Ukraine and the European Court of Human Rights on this issue are given. Attention is drawn to the language qualification established by the Constitution of Ukraine for candidates for the post of President of Ukraine and the absence of such a qualification (both at the level of the Constitution and at the level of the electoral law) for candidates for people's deputies of Ukraine, deputies of local councils and village, town and city heads. The annual reports of the Commissioner for the Protection of the State Language on the use of the latter in the elections of 2020 and 2021 are also analyzed. Proposals are developed to improve the regulation of the functioning of the state language during the elections in Ukraine through appropriate constitutional and legislative changes, as well as regulatory and institutional strengthening of the activities of the Commissioner for the Protection of the State Language. Keywords: state language, elections, election commissions, candidates, Commissioner for Protection of State Language.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"165 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138981313","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":"YOUTH ENTREPRENEURSHIP: FROM FORMATION TO FUNCTIONING","authors":"Iryna Las’ko","doi":"10.30970/vla.2023.76.188","DOIUrl":"https://doi.org/10.30970/vla.2023.76.188","url":null,"abstract":"The legislative and applied problems of implementing youth policy in Ukraine are clarified. Using a comparative method of researching legislative norms on the formation and development of youth, it is concluded that during all the years of Ukraine's independence, this was a priority task of all state authorities. It is noted that not always enough measures are taken to effectively achieve the result. Comparing statistical data on youth employment in different years, it is concluded that the level of employment remains the same. The level of entrepreneurial activity among young people is also not high. It is argued that the legislative establishment of the need for professional training of young people to carry out entrepreneurial activity, as well as the available financial support for its initiation, are important components in the formation of youth entrepreneurship. Based on the analysis of various educational platforms, such as the National Online School, Prometheus, EdEra, «Build Your Own», Krok Business School and others, the need to systematize educational programs, to divide them into basic and advanced ones, is proven. That will allow young entrepreneurs to easily find the necessary information not only by content, but also by complexity. It is argued that government and international grant programs relate to supporting the establishment of entrepreneurial activity. At the same time, the first years of entrepreneurial activity are ignored, which is an additional obstacle. It is proven that in the conditions of war, the popularization of social youth entrepreneurship, which aims to achieve a social goal, and only then to make a profit, is of special importance for both youth and society.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"131 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124252216","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":"PROCEDURE FOR TERMINATION OF COPYRIGHT VIOLATIONS USING THE INTERNET: INNOVATIONS IN LEGAL REGULATION","authors":"L. Tarasenko","doi":"10.30970/vla.2023.76.089","DOIUrl":"https://doi.org/10.30970/vla.2023.76.089","url":null,"abstract":"The article considers the legal analysis of copyright protection in an extrajudicial manner using the Internet. The author analyzes the procedure for terminating copyright violations that occur in the digital environment. It is established that the Law of Ukraine «On Copyright and Related Rights» No. 2811-IX normalized relations in a new way, including taking into account the development of the digital environment and in connection with the transformation of many copyright objects into digital form. It is established that the legislative changes relate to the procedure for copyright protection. One of the innovations was the updating of the procedure for out-of-court protection of copyright and related rights that are violated on the Internet (the so-called «TAKE DOWN NOTICE» procedure). It is proven that this procedure is important considering the fact that, as of today, almost all objects of copyright have moved to the digital environment, to the Internet, each website is a collection of digital content that includes various objects copyright (written works, photographic works, audiovisual works, etc.). It is also proven that the introduction of an updated procedure for out-of-court protection of copyrights that have been infringed on the Internet is a positive trend for proper legal protection of copyrights. It is substantiated that the specified out-of-court procedure can enjoy significant popularity and be useful to the subjects of property copyrights, provided that the procedure for publishing data about website owners, which is provided for by the copyright law, is established. It is established that the TAKE DOWN NOTICE procedure provided for by the copyright law contains certain debatable points, but its minor shortcomings or certain controversial provisions should not stand in the way of its wide application. It is also established that the participants of the TAKE DOWN NOTICE procedure are the subject of copyright, the provider and the owner of the website. The subject of copyright, for the protection of whose rights this procedure is initiated, is either the author or another subject of property copyright. It is substantiated that it is advisable to extend the extrajudicial procedure for copyright protection to the protection of moral rights (such as the right to a name, the right to preserve the integrity of a work, etc.). In the absence of relevant changes to the law on copyright, it is possible to apply the analogy of the law. It is concluded that unlike the previous copyright law, which allowed the use of the TAKE DOWN NOTICE procedure only for certain objects, such as audiovisual works, musical works (with or without text), computer programs, phonograms, videograms, programs (transmissions) of broadcasting organizations that are in electronic (digital) form, the new approach of the legislator expanded the list of objects of copyright and related rights that may be the subject of protection, and may refer to any object of copyrigh","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127683828","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":"DIRECTION OF EFFECT OF NORMATIVE LEGAL ACTS OF UKRAINE IN TIME: THE NEED FOR A NORMATIVE DEFINITION","authors":"V. Kosovych","doi":"10.30970/vla.2023.76.003","DOIUrl":"https://doi.org/10.30970/vla.2023.76.003","url":null,"abstract":"The article is devoted to the analysis of the practice of applying the basic provisions of the general theory of law regarding the direction of effect of normative legal acts of Ukraine in time in the law-making, law interpretation and law application activities. However, the doctrinal and axiomatic nature of these provisions does not ensure full unification of their use in practice. The analysis of law-regulatory practice indicates certain discrepancies in legal decisions and legal positions based on the rules of the temporal effect of normative legal acts. Illustrative in this regard are the decisions of the Constitutional Court of Ukraine related to the use of the rules of retroactive effect of normative legal acts in time, and the opinion of the Supreme Court Justices on the retroactive effect of normative legal acts recognized by the Constitutional Court of Ukraine as unconstitutional. This situation is due to a complex of objective and subjective factors, primarily the lack of normative certainty of direct, retroactive and overcoming effect of normative legal acts in time. Based on scientific concepts and generalizations of legal practice, the author proposes possible options for improving the normative legal provisions that determine the content of each of the directions of validity of normative legal acts in time, modelled in the draft Law of Ukraine No. 5707 of June 25, 2021 \"On Law-making activity\". The direct effect is the ability of a normative legal act to regulate relations arising after its entry into force, as well as relations, which arose before its entry into force and continue to exist, from the date of its entry into force or from the date established by this normative legal act, but not earlier than the day of its official publication, though only in relation to the rights and obligations of the subjects of legal relations that arose after its entry into force. The retroactive effect is its ability to regulate ongoing legal relations that arose before its entry into force, combined with the reassessment of these legal relations, bringing them in line with new requirements. Normative legal acts or their individual provisions may not have retroactive effect in time, except when they mitigate or cancel legal liability or improve the legal status of individuals (except for officials) and legal entities. The overcoming effect is its ability to continue to regulate legal relations that arose before the entry into force of a new normative legal act and continue after its entry into force. Attention is drawn to the need for additional research on the rules of direct, retroactive and overcoming effect of normative legal acts in case of amendments and additions to them, issuance of a new edition, suspension and termination of effect, loss of force.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125911005","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":"PARTICIPATION OF THIRD PARTIES WHO DO NOT DECLARE INDEPENDENT CLAIMS ON THE SUBJECT OF A DISPUTE, IN CIVIL PROCEEDINGS","authors":"Roksolana Lemyk","doi":"10.30970/vla.2023.76.151","DOIUrl":"https://doi.org/10.30970/vla.2023.76.151","url":null,"abstract":"The third parties who do not declare independent claims on the subject of a dispute are the subjects of civil procedural legal relations, who take part in a civil case in order to protect their interests. A third party who does not declare independent claims on the subject of a dispute is interested in the outcome of the consideration of the civil case between the parties, as the court's decision may affect its rights or obligations to one of the parties. The main characteristic feature that distinguishes third parties who do not declare independent claims from other participants of the case is the nature of their interest in the case. Their interest is not in the subject of dispute, but in the outcome of the case, as the decision in the case can be on their mutual relations with one of the parties. Therefore, such interest is procedural in content. The court may not impose on third parties who do not declare independent claims on the subject of a dispute any material and legal obligations, or establish or defend their rights, that is, make a decision or ruling on the rights or obligations of these third parties. The third party may enter the case on their own initiative, and also be involved in the case on the motion of the participants of the case or the initiative of the court. The content of the statement from a third party about its involvement in the case is not provided by law, but as it follows from the provisions of part 4 of Art. 53 the CPC of Ukraine, in such a statement it is necessary to specify on which grounds it is necessary to involve such a third person in the case. The plaintiff, who initiated the involvement of a third party in the case, after the court’s satisfaction of his petition, in fact, cannot refuse the participation of such person in the case. Analyzing the expediency of participation of third parties in the case, the court should take into account the following circumstances, the presence of which is the basis of involvement of third parties who do not declare independent claims: – the existence of material-legal relations between a third party and one of the parties (labor, contractual, family); – these material and legal relations arise (are predominant) from the procedural relations that have formed between the plaintiff and the defendant in the case for the subject of the dispute; – the probability of a dispute on the law of civil law between a third party and one of the parties arising from these relations. The third person, who does not declare independent claims on the subject of a dispute, belongs to the number of participants of the case, and therefore is assigned to the whole set of procedural rights and obligations of the given type of subjects of procedural legal relations, provided by the Article. 43 CPC of Ukraine. Since such persons have no property interests in their case, there are no claim management rights, respectively, which would influence the commencement or termination of proceedings. For exam","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"35 18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131622138","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":"MINORS AS A SPECIAL SUBJECT OF ADMINISTRATIVE LIABILITY: IMPROVING THE LEGISLATIVE REGULATION IN UKRAINE","authors":"Viktoriia Barshchuk, N. Yaniuk","doi":"10.30970/vla.2023.76.134","DOIUrl":"https://doi.org/10.30970/vla.2023.76.134","url":null,"abstract":"The article is devoted to the study of some problematic provision of the current Code of Ukraine on Administrative Offences and the formulation of proposals for improving the legislative regulation of the issue of administrative liability of minors. With Ukraine's efforts to integrate into the European community, the issue of updating the legislation on administrative liability has become acute. Among the key issues there is a need to change approaches to the administrative liability of minors. Minors as a special subject of administrative liability are distinguished by their specificity, which is connected with peculiarities of their age, physical and mental state. Ukraine is humane about this category of people, but, unfortunately, the number of administrative offences committed by minors increases every year, so the urgency of this topic is beyond any doubt. Measures of influence are applied to minor offenders. Measures of influence are a special kind of measures of administrative liability, which is a state condemnation of a person's misconduct, has a preventive and educational nature and consists in limiting the personal benefits and other legal interests of a minor based on the principle of humanity. In the current Code of Ukraine on Administrative Offences, the age of administrative delictability is defined as 16 years. Today, there is an increase in offences among young children, for example, bullying among schoolchildren has become widespread. Sometimes the feeling of impunity becomes the reason for further illegal actions of such a person. The current legislation gives preference to the application of educational measures to minors. First of all, measures of influence are applied to minors, which are defined in Article 24-1 of the Code of Ukraine on Administrative Offences. The development of information technologies and legislative regulation in many areas provides grounds for reducing the age of administrative delictability. Today, a person receives a passport upon reaching the age of 14, so he/she can independently bear administrative liability from this age. An example of regulation can be criminal legislation, which takes into account the peculiarities of criminal liability depending on the age and type of action of minors. Having researched the scientific literature and legislation, this article concludes that the new legislation should include a gradation of administrative liability measures depending on the age and degree of harmfulness of the committed tort. The new Code of Ukraine on Administrative Misdemeanors should clearly distinguish between the use of influence measures and administrative penalties, taking into account the age of the person. For example, impact measures will be effective for 14–15-year-old people. Persons who have reached the age of 16 should bear administrative liability on general grounds and administrative penalties should be applied to them.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123087578","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":"INTANGIBLE OBJECTS AND PROPERTY LEGISLATION IN THE REPUBLIC OF KAZAKHSTAN","authors":"Aizhan Abdrassulova","doi":"10.30970/vla.2023.76.168","DOIUrl":"https://doi.org/10.30970/vla.2023.76.168","url":null,"abstract":"The legal regulation of public relations related to intangible objects in their relationship with the institution of property is very relevant in the context of the digital revolution and the development of information law. In this regard, it is important to make a scientific understanding of the question of what is the modern meaning of intangible property, why a different legal regime should be applied to intangible objects in contrast to property law, to what extent Kazakh legislation reflects the general trends in the development of legislation in this area in developed countries and the international system. The purpose of the article is to analyze the concept of «intangible objects» and related terms in the Kazakh legislation, as well as to study the issues of how information technologies can be the object of civil law relations. The author shows the positions of researchers from different countries regarding approaches to these legal categories. The article reveals the relationship and difference between the legal regulation of tangible and intangible property. It is clarified that in the context of the introduction of digital technologies, intangible objects can be considered as objects of property rights. At the same time, in order for intangible objects to be considered in the system of civil law relations, such a condition is necessary when their transfer to other subjects of law was carried out in the process of property turnover. Conclusions are drawn regarding the underdevelopment of legal protection mechanisms for creators of intangible objects, in particular, authors of electronic books, from unauthorized copying and posting on Internet resources. The conclusions and proposals obtained are of some importance for the development of a scientifically based doctrine of information law, which in turn will affect the improvement of legislation and the effectiveness of the mechanism of legal regulation of the public relations under consideration.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115624359","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 EUROPEAN UNION: THE HISTORY OF ESTABLISHMENT AND SIGNIFICANCE FOR UKRAINE","authors":"I. Boyko","doi":"10.30970/vla.2023.76.015","DOIUrl":"https://doi.org/10.30970/vla.2023.76.015","url":null,"abstract":"The article reveals the prerequisites for the formation and development of European integration, reveals the processes of creating the European Union as a new form of European integration, and analyzes the achievements of Ukraine in European integration processes. It is noted that the idea of uniting the peoples and states of Europe has a long history. In various historical periods, European rulers and politicians sought to implement the idea of European unification. The idea of European unity was developed and defended in their writings by philosophers, scientists, religious figures, etc. This idea is based on the principles of territorial and civilizational kinship and unity of Europeans and runs through the entire history of European nations. The formation and development of European integration institutions was the result of the consistent development of the unification process of the countries of Western Europe, which went through several stages in their development. Integration involved an active search for ways and means of political, legal, economic (and in some cases, social and cultural) unification of European states with the aim of establishing their close, first of all, economic cooperation. An important role in integration processes was and continues to be played by the economic basis of the development of states. European integration is based on economic integration, which involves the process of convergence of national economies through the creation of a single economic space for the free movement of goods, services, capital, and labor between countries. International economic integration is carried out on the basis of the development of sustainable relationships and the division of labor between national economies, the interaction of their structures at different levels and in different forms. The process of economic integration occurs when two or more countries join together to create a wider economic space. Countries enter into integration agreements with the expectation of economic gain, although they may also pursue political and other goals. Integration associations of various types reached their greatest development in the 20th century. The following regional integration associations of countries are defined by the level of integration: free preferential trade zone, free trade zone, customs union, common market, economic union, etc. As a result of almost 40 years of development of the process of European integration, the European Union was created – an economic and political union that unites 28 independent member states located in Europe. It traces its origins to the formation of the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), which were founded by six countries in 1951 and 1958, respectively. In its current form, it exists on the basis of the Treaty on the European Union, signed on February 7, 1992 and in force since November 1, 1993. The member states of the European Union decided ","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123660154","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 ISSUES OF THE COURT APPLICATION TERMS BY THE MILITARY PERSONNEL AND OTHER EQUAL PERSONS WITH THE CLAIMS ON THE MONEY SECURITY COLLECTION","authors":"Oksana Hirnyk","doi":"10.30970/vla.2023.76.125","DOIUrl":"https://doi.org/10.30970/vla.2023.76.125","url":null,"abstract":"The article is devoted to the issues of the courts' application of the norms of procedural law, which determine the term of court application by the military personnel and other equal persons. Since this category of disputes is considered in the order of administrative proceedings, the author analyzes the content of Article 122 of the Code of Administrative Proceedings of Ukraine, which defines a one-month period for the plaintiffs to apply to the court in cases related to the acceptance of citizens for public service, its completion, dismissal from public service. It is concluded that military service is a special type of public service. The relevant provision of the procedural law contrasts the time frames for employees to apply to court for the resolution of labor disputes, including disputes about the collection of wages from the employer, which are fixed by the Labor Code of Ukraine. Taking into account the scientific analysis, as well as the conclusions of the Supreme Court, the understanding of the financial support of military personnel as a reward for work in the context of the provisions of the labor legislation is substantiated. Since the labor legislation contains special requirements regarding the term of application to the court in disputes about the recovery of remuneration for work, these norms are subject to application. Emphasis is placed on legislative changes regarding the terms of applying to court for the resolution of labor disputes, which were put into effect by the Law of Ukraine «On Amendments to Certain Laws of Ukraine on Optimizing Labor Relations.» The legal norms that were in effect before the entry into force of the relevant normative act and did not limit the employee's right to file a claim for the collection of wages due to him, i.e. all payments to which the employee is entitled under the terms of the employment contract and in accordance with state guarantees, are compared, and valid legal limitations of the corresponding period of three months. The problems of application of such changes in the case of an application to the court with a claim for recovery of monetary support by military personnel and other persons equal to them, dismissed from the ranks of the military service before the entry into force of the relevant restrictions, are studied. On the basis of the analysis of case law, conclusions are drawn regarding the need to take into account the general principles of the operation of legal norms in time, as well as the moment from which the countdown of the three-month period of appeal to the court should begin. Taking into account the specifics of the procedural law norms, the author comes to the conclusion of the extension of limitation periods to subjects who were released from military service before the changes came into effect, but applied to the court already when such norms came into force. However, the expediency of starting the countdown of the relevant terms is substantiated not from the mome","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124617645","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":"ORGANIZATIONAL AND LEGAL PROVISION OF LOCAL ECONOMIC DEVELOPMENT IN THE CONDITIONS OF WAR IN UKRAINE","authors":"R. Bedriy","doi":"10.30970/vla.2023.76.115","DOIUrl":"https://doi.org/10.30970/vla.2023.76.115","url":null,"abstract":"The article defines the peculiarities of organizational and legal provision of local economic development in Ukraine under martial law. In particular, it is indicated that in the modern conditions of russian armed aggression, when territorial communities are constantly working to solve the problems of their livelihood, it is crucially important to mobilize efforts and reorient communities to activities related to the activation of local economic development. At the same time, local economic development is defined as a process of interaction between local self-government bodies, business structures, civil society institutions and active members of the territorial community, aimed at ensuring the effective functioning of the communal sector of the economy and raising the standard of living of local residents. In this context, it is stated that among the anti-crisis tools of local economic development, which can have a positive effect on the modernization of the economy in territorial communities in wartime conditions, specialists single out: financial leasing, outsourcing, industrial parks, local economic development agencies, investment attraction centers, business incubators, cooperatives, clusters, social entrepreneurship, and others. The article focuses on the characteristics of such tools of municipal economic development as financial leasing, outsourcing, and industrial parks, namely, their regulatory support and advantages in modern conditions are analyzed, and examples of their practical application in Ukraine and abroad are given. It is concluded that the main challenges of local self-government bodies in the conditions of war are: preserving (or restoring) the pace of economic development of the territorial community; stimulating the activity of local businesses and ensuring the proper standard of living of the population; accommodation, economic support and establishment of communication with internally displaced persons on the territory of the community; involvement of the relocated business in the community; integration of internally displaced persons and relocated businesses into the utility sector of the economy, etc. At the same time, it is emphasized that local economic development cannot be based on the situational adoption of certain decisions, but should be a component of the general system of strategic planning for the development of the territorial community.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128915552","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}