Visnyk of the Lviv University. Series Law最新文献

{"title":"UKRAINIAN NATIONAL REVOLUTION OF THE 17TH CENTURY IN THE EUROPEAN CONTEXT: IDEOLOGICAL ORIGINS","authors":"L. Shevchuk","doi":"10.30970/vla.2021.72.035","DOIUrl":"https://doi.org/10.30970/vla.2021.72.035","url":null,"abstract":"Throughout the course of the 16th – 17th centuries, a new epoch begins in the history of European civilization – the epoch of the New Age. A revolutionary formation and, subsequently, the establishment of a new state system based on political democracy, legal freedom and civil equality are taking place. As in other European countries, significant socio-political transformations in Ukraine were also due to the national revolution of 1648–1676. Analyzing the events in Ukraine in the mid-seventeenth century as a component of the pan-European revolutionary movement, the author considers the attitudinal and ideological origins of the Ukrainian revolution. Their common European features, as well as specific features are clarified and characterized. In general, the change in the worldview system in Ukraine is associated with the renaissance-humanist and reformation ideas that began to spread in the Ukrainian lands without losing its original meaning, but acquiring here a kind of national color, aimed at understanding the urgent problems of Ukrainian society. In the field of political and legal doctrine, the assertion of the legal worldview takes place, replacing the theological. Its classic embodiment became the theory of natural law with its concept of inalienable natural human rights as well as the concept of social contract. These ideas became, to a greater or lesser extent, the basis of the Ukrainian revolution of the seventeenth century. Their embodiment can be found in the works of Ukrainian «Renaissance humanists» of the 16th – early 17th centuries: S. Orikhovsky, J. Vereshchynsky, I. Dombrovsky, S. Klenovych, S. Pekalid, J. Shchasny-Herburt, K. Sakovych. It is found that in the seventeenth century, the works of such prominent political thinkers, theorists of natural law as J. Lipsius, G. Grotius, later B. Spinoza, T. Hobbes, S. Pufendorf were becoming widespread in Ukraine. They found a favorable ground in Ukraine and directly influenced the Ukrainian revolution, as the state and legal ideas of these thinkers became especially popular not only among the intellectual elite, but also among the Cossacks – the main driving force of the revolution. A number of Ukrainian thinkers, despite the fact that until 1649 Ukraine did not have its own state, were considering the future path of its political development. Specific plans of forming own state are embodied, in particular, in the works of J. Vereshchynsky, P. Mohyla, Y. Nemyrych, and others. They became a logical continuation and development of the state approaches of Ukrainian Renaissance humanists and reflected the tendency to combine the understanding of the history of their own state-building tradition with the study of Western experience. The analysis of political and legal ideas of Ukrainian authors, real historical events of the seventeenth century testify to the emergence among the Ukrainian population of clear tendencies to build their own state. Since then, the idea of the Ukrainian nation-","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115210173","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":"ACTUAL AND MODERN TEXTBOOK ON THE HISTORY OF THE STATE AND LAW OF UKRAINE","authors":"I. Boyko","doi":"10.30970/vla.2021.72.155","DOIUrl":"https://doi.org/10.30970/vla.2021.72.155","url":null,"abstract":"","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126182352","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 INSTITUTION OF A PREFECT: FRENCH EXPERIENCE IN THE CONDITIONS OF THE DECENTRALIZATION OF POWER","authors":"M. Kaminska","doi":"10.30970/vla.2021.72.064","DOIUrl":"https://doi.org/10.30970/vla.2021.72.064","url":null,"abstract":"The article considers the features of the French model of the institution of a prefect. The influence of the decentralization of state power on the development of the legal status of the prefect is analyzed. It is established that as a result of the decentralization reform, the executive powers have been transferred from prefects to the chairmen of departmental and regional councils. It is found that the powers of the prefect have a constitutional basis and are aimed at ensuring national interests, exercising administrative control and enforcing laws. The main powers of the prefect as a representative of the state at the corresponding levels of administrative-territorial organization are described. It is established that the functions of the prefect of the region and the department, as a rule, are simultaneously combined by one of the prefects of the department in which the main city (capital) of the region is located. At the same time, the prefect of the department, in accordance with current legislation, is subordinate to the prefect of the region, and the subprefect acts as an assistant to the prefect of the department in the administrative district. It is also found that there is an interest at the level of parliamentary initiatives in strengthening the role of sub-prefects as the level of representation of the state closest to the population. Much of the study focuses on the prefect's interaction with local governments, including oversight of the rule of law. The mechanisms of control are highlighted and it is revealed that through the control over the legitimacy of acts of local self-government bodies, the indirect influence of the prefect on decision-making at the local level is manifested. It is found that in the process of decentralization, the influence of the prefect on local governments has significantly diminished. As a result of the reform, instead of taking care of local governments, the prefect was given the competence to supervise their activities. Taking into account the above-mentioned factors, it is concluded that the prefect acts as a guarantor of the unity of the republic, as well as ensures the observance of public order and uniform application of the law throughout the territory. In addition, his functions as a representative of the state are aimed at a partnership with local governments. Given the results obtained, the positive experience of the French Republic can be applied to the successful promotion of domestic decentralization reform and used for further research in this area.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130156969","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":"DISTINGUISHING FEATURES OF CONCLUDING THE INHERITANCE CONTRACT UNDER THE LEGISLATION OF UKRAINE AND THE EUROPEAN UNION","authors":"M. Kravchyk, Olha Tur","doi":"10.30970/vla.2021.72.080","DOIUrl":"https://doi.org/10.30970/vla.2021.72.080","url":null,"abstract":"The article deals with the legal nature of an inheritance contract, specifies the essential terms of an agreement as well as the legal status of the parties under the legislation of Ukraine and the European Union. The significance of the inheritance contract in the system of contracts of civil law of Ukraine is analyzed. It is proved that the legal relations arising in the case of entering into an inheritance agreement are also regulated by the general provisions of the Civil Code of Ukraine on transactions. Chapter 90 of the Civil Code of Ukraine stipulates that the inheritance contract should contain a binding legal model and a succession model. Having examined the legislation of Ukraine, it is concluded that the inheritance contract should be considered as a part of contract law. This contract regulates the transfer of property. Despite the fact that the inheritance agreement is included in the sixth book of the Civil Code of Ukraine, and despite the name of the agreement, the legal relationship of inheritance in this case does not arise. The similarity of the inheritance agreement with succession reveals in the commonality of the main legal basis for the right to inherit from the heirs and the acquirer’s right to ownership that occurs in the case the death of a natural person – the alienator. It is found out that according to the provisions of the Civil Code of Ukraine, the essence of the inheritance contract is that such an agreement defines the disposal of the alienator’s property during his lifetime, but with the acquirer’s acquisition of the right to property after the alienator’s death. The feature of an inheritance contract is that the property that is the subject matter of the inheritance agreement is not applicable to the norm ensuring the right to a mandatory share in the heritage. The comparative analysis of the institute of the inheritance agreement by the legislations of Ukraine and Germany is carried out. To be specific, the legal essence of the inheritance agreement is determined, the problems of concluding and terminating the inheritance contract are investigated, as well as the gaps concerning this legal structure in the domestic judicial system are discovered. It is also defined that the inheritance agreement was approved and received its further development in German law. According to the doctrine of German law, the legal nature of this type of agreement is that, on the one hand, it is an order in case of death, and, accordingly, is one of the grounds of inheritance, and, on the other hand, it is a contract, i.e. agreement of the parties on the heritage right in favour of a certain person, preventing it from unilateral change or cancellation. The inheritance contract in German law has the following features, including: 1) it is an order in case of death; 2) it is a bilateral transaction, i.e. agreement; 3) the subject matter of the contract is the right of inheritance; 4) the inheritance contract is one of the grounds for in","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121510978","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":"SECURING AN ADMINISTRATIVE CLAIM: PECULIARITIES OF THE APPLICATION OF THE PRINCIPLE OF OFFICIAL ESTABLISHMENT OF ALL CIRCUMSTANCES IN A CASE","authors":"Vladyslav Kuzmych","doi":"10.30970/vla.2021.72.073","DOIUrl":"https://doi.org/10.30970/vla.2021.72.073","url":null,"abstract":"The article clarifies that the specific nature of the administrative proceedings is due to the fact that the parties of the judicial process have unequal initial possibilities. The principle of official establishment of all circumstances in a case, which is special and inherent exclusively to the administrative proceedings, is analyzed. The peculiarities of this principle are identified, manifested in resolving the dispute by the administrative court, where the latter takes an active position, as it is obliged to take legal measures necessary to establish all the circumstances of a case, to invite the parties to provide necessary evidence in order to establish objective truth or to request evidence on its own initiative to render a lawful judicial decision. It is found out that the scope of application of the principle of official establishment of all the circumstances of a case is not limited to the institution of evidence and extends its influence to such an element of the administrative proceedings as securing the claim. It is proved that securing a claim is a separate institution of the administrative proceedings, which is designed to effectively protect the rights, freedoms and interests of individuals, as well as the rights and interests of legal entities in the field of public legal relations by a real and strict execution of a judicial decision. It is revealed that the right of the court to take measures to secure a claim on the application of the litigant or on its own initiative is not absolute, as the legislator established a list of subjects of imperious plenary powers in respect of acts, decisions or actions of which securing the claim is not allowed. It is substantiated that such a position of the legislator does not take into account the requirements of the principle of official establishment of all the circumstances in a case, as in case of obvious illegality of acts, decisions or actions of the above-mentioned subjects of imperious plenary powers, the court will not be able to take measures to secure the claim and implement the objectives of the administrative proceedings. It is proved that the legal regulation of the institution of securing an administrative claim was carried out without taking into account the principle of official establishment of all circumstances of a case. It is confirmed by the available examples of abuses by the judges when deciding on securing an administrative claim. The proposals for amendments to Chapter 10 of the Code of the Administrative Proceedings of Ukraine aimed to ensure the procedural behaviour of the court which will meet the specifics of public legal relations are formulated. It is substantiated that the introduction of appropriate amendments to the Code of the Administrative Proceedings of Ukraine will allow courts to take measures to secure an administrative claim taking into account the principle of official establishment of all the circumstances of a case, which will contribute to the e","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128435545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"FEATURES OF LEGAL EDUCATION IN THE LEADING UNIVERSITIES OF THE USA AND CANADA AS AN EXPERIENCE FOR THE LVIV UNIVERSITY","authors":"Volodymyr Kakhnych","doi":"10.30970/vla.2021.72.027","DOIUrl":"https://doi.org/10.30970/vla.2021.72.027","url":null,"abstract":"The article examines the features of legal education at leading universities in the United States and Canada as an experience for the Lviv University. Legal education at the University of Lviv dates back to January 20, 1661, when King of the Commonwealth Jan II Casimir issued a decree on the opening of a university in Lviv, which allowed to teach Roman and canon law. Consequently, this year we celebrate the 360th anniversary of the Lviv University as well as the Faculty of Law. It is noted that Roman law is the basis of many modern branches of law. The famous Roman jurist Celsius claimed: «Ius est ars boni et aegui» («Law is the art of good and justice»). So, where is law, there is justice, that is, a constant and definite will that gives everyone the right they deserve. Without justice, there can be no state, no smallest group of people, not even a small household. The perfection of the Roman legal system for many centuries has shown an example of how legal systems should be formed. Even direct borrowings from Roman law are allowed, of course, taking into account the national characteristics of each state, including Ukraine. It should be noted that Roman law has been and remains an important area of research since the establishment of the Faculty of Law of the Lviv University. His teachers in their works highlighted how Roman law became one of the components of modern European law. Legal education remains one of the important components of the domestic system of higher education, given the ongoing reforms in the state of political, legal, judicial systems, the development of market relations in the economy. Educational and scientific approaches to the teaching of law in various universities in the United States and Canada, which have managed to form a legal basis for better mastering and implementation of new methods for teaching law, are studied. In different countries, to obtain a degree in law, a student must immediately enter the first year of university in this specialty. To enter most universities, students only need to provide a high school diploma. In the United States, on the other hand, education is structured differently. The legal education system and law in the United States are regarded as a professional-academic field, which is equivalent to the master’s programs of most universities in the world. This means that students can enter universities in law only after obtaining a bachelor's degree. In addition, law schools in the United States are part of private and public universities. They give students the opportunity to earn a Juris Doctor (J. D.) degree. The Juris Doctor program lasts three years (full-time training) or four years (extramural studies). The most difficult stage of studying is the first course through specialized subjects, exams as well as the method of Socrates, which is used in teaching law to students. The Socrates method encourages many international students to study law at US universities. This method helps st","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"135 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134004149","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 LEGAL NATURE OF INTERNET LAW","authors":"L. Tarasenko","doi":"10.30970/vla.2021.72.047","DOIUrl":"https://doi.org/10.30970/vla.2021.72.047","url":null,"abstract":"The article considers the legal nature of Internet law. The opinions of the scholars on the essence of Internet law are studied. It is established that the legal nature of Internet law is not comprehensively understood in the scientific literature. Internet law covers the rules of various branches of law as well as legislation of different countries, which govern relations on the Internet. It is concluded that the synonyms to Internet law are computer law, cybernetic law and virtual space law. It is also stated that the Internet does not have a single centralized administration and a single set of rules for use. Only technical rules for the use of the address space (Internet protocol, domain names) are centralized. It is proved that Internet law is a complex branch of law, a complex of legal norms contained in the international legal acts, as well as in the national legislation of different countries, other rules that regulate the relations between the participants that arise, change and terminate in the digital environment (on the Internet). In addition, it is argued that Internet law cannot be regarded solely as an institution of private law, because the rules of public law are considered also an important regulator of such relationships. It is established that Internet law contains rules from different branches of law as well as branches of legislation. It is emphasized that the Internet is a worldwide information system for general access, logically linked to the global address space and based on the Internet protocol defined by international standards. The following features of the Internet are highlighted: its technical character, universality, interoperability, availability of universal access for users regardless of location, availability of a logically linked global address space, based on Internet Protocol, the presence of an unrestricted large number of Internet users who seek information, post information on the Internet, exercising other rights on the Internet. Moreover, it is established that the principles of Internet law should include the freedom of expression on the Internet; non-compulsory intrusion into the personal sphere of life of individuals, as well as non-compulsion for misuse of technical knowledge and means of pursuing individual interests; respect for the results of intellectual property used on the Internet; non-competence in using digital media for the dissemination of ideas not permitted by the rest of the world. Consequently, it is argued that Internet law, when regulating relations, shall take into account the purpose of the Internet functioning. It is reported that the Internet performs informational, communication, advertising, commercial, entertaining, social, educational functions. The functions of the Internet determine the scope of the legal regulation of the relations under analysis, and have an indirect impact on the formation of Internet law.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122905923","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":"CASE-LAW PRACTICE: ON THE ISSUES OF CORRELATION WITH RELATED NOTIONS","authors":"Nazar Stetsyk","doi":"10.30970/VLA.2020.71.024","DOIUrl":"https://doi.org/10.30970/VLA.2020.71.024","url":null,"abstract":"The article substantiates the need for research and formation of a complete and comprehensive concept of case-law practice, which should take into account the tendency of convergence and functional similarity of legal phenomena in modern legal systems. The formation of such a concept implies the needs to define the notions related to case-law practice as well as to designate a correlation with them. Attention is drawn to the importance of defining such related notions, the use of which can lead to terminological confusion and differences in their understanding. Therefore, the correlation with such related notions as judicial practice, case law, judicial precedent is identified. In the broad meaning of the term «judicial practice», which denotes the notion of activity or results of activity of all judicial bodies, it will correlate with the term «case-law practice» as a species notion that is included into the generic notion of judicial practice. In addition, the author takes into account the meaning of the term «judicial practice», used in the Civil law doctrine («jurisprudence constante», «ständige Rechtsprechung», «prajudice», «judicature» etc.), according to which judicial practice is not a set of any decisions in specific cases, but repetitive and stable, as well as not of any judicial bodies, but only of the supreme courts in the leading cases, and which become de facto binding on the lower courts. In this meaning, case-law practice will be the broader notion that includes judicial practice. Case law is also a notion related with case-law practice. Case law covers legal norms formed in the decisions of the supreme courts, and is used primarily in Common law as opposed to statutory law. Case law does not include all decisions and not of all judicial bodies, but only such decisions of the supreme courts that contain legal norms, i.e. binding judicial precedents. Case law does not cover convincing persuasive precedents of the lower courts, which have a recommendatory nature. Therefore, case law is the part of case-law practice, which in addition to case law also includes judicial precedents of the lower courts. It is substantiated that case-law practice is a collective notion that covers a set of judicial precedents, just similarly as the notion of legislation is a collective concept of laws. The distinction between these notions, despite the fact that in most cases the ambiguity of such terms that denote them, is removed by the context of their usage, allows us to clarify the features and nature of case-law practice. Key words: judicial precedent, judicial practice, unity of judicial practice, judiciary, supreme courts, court decision, comparative jurisprudence","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127355860","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":"FUNCTIONAL PRINCIPLES OF EU LAW IN THE LAW ENFORCEMENT PRACTICE OF THE COURT OF JUSTICE","authors":"I. Kaminska","doi":"10.30970/VLA.2020.71.011","DOIUrl":"https://doi.org/10.30970/VLA.2020.71.011","url":null,"abstract":"The article is devoted to the study of the principles of law that determine the fundamentals of the EU functioning. The concepts of general principles of law, international principles of law as well as principles of EU law are distinguished. The principles of EU law are classified into international, democratic, economic, organizational, functional, sectoral. The study of the principles of EU law is important for Ukrainian science in the context of Ukraine's integration into the EU. The results of the research will help the judiciary to integrate the principles of EU law into its case law. The Constitutional Court of Ukraine and the Supreme Court will play an important role in the integration of EU law into the national legal order. The following definition of the concept is proposed: the principles of EU law are the fundamental ideological principles of the EU legal system, which determine legal status of the EU as a subject of law and international relations; legal status of EU citizens; basic principles of organization and functioning of the EU; areas, limits and mechanisms for exercising the powers of the EU institutions; principles of legal regulation in the areas that fall within the competence of the EU. The principle of conferral is singled out as a fundamental functional principle from which other principles of EU law originate, namely: the principle of coherence of policies and actions; the principle of open EU cooperation with Member States; the principle of subsidiarity; the principle of proportionality; the principle of open cooperation between EU institutions; the principle of institutional balance. Their relationship and the mandatory nature of compliance are established. The operation of any of the institutions contrary to the principle of conferral or any of the principles named is a ground for appealing against such actions before the Court of Justice. According to Article 263 TFEU, the Court of Justice has the jurisdiction to review the legality of legislative acts, decisions or actions of the European Council, the European Parliament, the European Commission and the European Central Bank, as well as bodies, offices and agencies intended to produce legal effects vis-à-vis third parties. The content of the functional principles of EU law is revealed and the order of their application by the Court of Justice of the EU is analyzed on the example of one of the decisions. The classification of principles of EU law on a source of their placement is offered. In the system of principles of EU law should also be distinguished: 1) the principles of law that follow from the provisions of international law (the principle of peaceful cooperation and the principles of the UN Charter); 2) the principles of law derived from the principles of market economy and social policy (the principle of economic, social, territorial unity of the Member States and solidarity between them); 3) the principles of law derived from democratic principles (princi","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128466591","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":"REMOTE ACTIVITIES OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE AND THE NATIONAL PARLIAMENTS IN TIME OF COVID-19","authors":"Yeva Sushko","doi":"10.30970/vla.2020.70.065","DOIUrl":"https://doi.org/10.30970/vla.2020.70.065","url":null,"abstract":"The current world crisis raised serious debate about the role and place of the information and communication technologies (hereafter “ICT”) in the parliamentary activities. The new advanced technologies play a pivotal role in maintaining the efficiency and public service value of digitalisation by creating optimal conditions for the exercise of parliamentary functions. Before the current global health crisis, vast majority of the national parliaments had neither the possibility for remote plenary and/or committee meetings, nor a possibility for remote (distance) voting. Even the parliaments of the countries that have been struck by terrorist attacks in recent decades have not introduced a system of remote (distance) meetings or voting in case of any real direct risks for the parliamentary functioning. Democracy is never accomplished or perfect in its nature; it is an ongoing process that is continuously faced with new challenges and needs to adapt itself to new contexts. The parliamentary system is one of the most impactful institutions in the modern world and is steeped in deep country's history. Consequently, all new steps must be taken with extreme caution. The article offers an analysis of the strengths and weaknesses aspects of the parliamentary functioning in a “virtual space”, as well as a description of new mechanisms and methods.","PeriodicalId":139620,"journal":{"name":"Visnyk of the Lviv University. Series Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121862354","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}