Law. Human. Environment最新文献

{"title":"Administrative liability of juveniles for smoking","authors":"Oleksander Dmytrenko","doi":"10.31548/law/3.2023.09","DOIUrl":"https://doi.org/10.31548/law/3.2023.09","url":null,"abstract":"The research relevance is determined by the prevalence of smoking among minors, as well as by the insufficient effectiveness of administrative liability measures taken against minors if they have committed an administrative offence – smoking in prohibited places. The research aims to determine the theoretical and legal features of administrative liability and to analyse the measures taken against juvenile offenders. The research aim was achieved by a comprehensive and in-depth analysis of Ukrainian and foreign scientific sources and provisions of current legislation. The author examines the peculiarities of administrative liability of minors for smoking. It is established that, according to the current Ukrainian legislation, administrative liability of minors for smoking may be imposed on persons aged 16-18 years, and the main measure is an administrative penalty (fine) paid by parents. The author provides arguments in favour of lowering the age limit for administrative liability of minors to 13-15 years. The author substantiates the expediency of educational influence on minors through pedagogical and social training aimed at solving the problem of tobacco use among minors. It is noted that such measures will be preventive in nature and will help to reduce the number of cases when minors smoke in prohibited places and will also contribute to solving the problem of smoking among minors in general. It is emphasised that the issue raised in this paper is not only legal but also pedagogical, social, and medical in nature. The practical significance of the results obtained is that they identify gaps in Ukrainian legislation and provide recommendations for improving approaches to the administrative liability of minors for smoking and addressing the problem of smoking among minors","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359436","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":"Epistemological construction doctrine of the veterinary care defect phenomenon in forensic veterinary examination","authors":"Ivan Yatsenko","doi":"10.31548/law/3.2023.115","DOIUrl":"https://doi.org/10.31548/law/3.2023.115","url":null,"abstract":"To prove the guilt of a veterinary professional in causing harm to animal health, forensic veterinary examination plays an important role, as the expert’s opinion is a source of evidence in legal proceedings that helps law enforcement agencies or the court to correctly qualify the offence and establish the compliance of certain actions of a veterinary professional with the current legislation. However, the study of the problem of defects in veterinary care is not properly covered in Ukrainian scientific sources. The research aims to formulate a definition of the concept of “defects in veterinary care”, to identify the signs of this phenomenon in the aspect of forensic veterinary examination, to propose a classification of types of defects and to give their characteristics. The methodological basis of the study is a systematic approach due to the specifics of the topic of the work and involving the use of general scientific and special scientific methods, including analysis, synthesis, analogy; logical and semantic method; systemic and structural method; modelling method; comparative legal method. It is proved that a defect in the provision of veterinary care should be considered a situation where a veterinary professional performs poorly diagnostic, therapeutic, tactical, resuscitation, rehabilitation and other procedures, carries out preventive measures, and also performs professional duties improperly or fails to perform them, which causes or may cause negative consequences for the animal(s) in the form of a health disorder (disease, injury, mutilation, etc.) or cause death. The author’s definitions of the concepts of “non-performance or improper performance of professional duties by a veterinary practitioner”, “accident in veterinary practice”, and “professional error in veterinary practice” are proposed and their signs are outlined. It is shown that defects in veterinary care can be caused by both objective and subjective factors. A classification of defects in veterinary care is proposed: by stages of veterinary care, elements and nature of veterinary care, and legal basis. The practical significance of the study is that it forms the basis of the methodology for determining defects in veterinary care during forensic veterinary examination","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139360546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International experience in the use of alternative energy sources (within the European Union)","authors":"Yaroslav Zhuravel, Olena Artemenko, Nataliia Lytvyn, Olena Yara, Olena Uliutina","doi":"10.31548/law/3.2023.46","DOIUrl":"https://doi.org/10.31548/law/3.2023.46","url":null,"abstract":"The relevance of the chosen subject is due to the problem of the lack of conventional energy resources in the global and Ukrainian energy sectors. This problem is caused by a combination of external factors (outdated technologies, lack of oil, coal, and gas reserves) and internal factors, such as Russia’s military aggression against Ukraine, and its manipulative policy towards other countries, which encourages the European community to look for other options to ensure energy security. This gave a new urgency to the issue of activating the development of alternative energy. The purpose of the study is to analyse international experience in the use of alternative (renewable) energy and formulate conceptual methods and approaches to solving global energy problems. A combination of general scientific methods was used, primarily dialectical, analytical, concrete-sociological, and from special legal methods – comparative legal. The results obtained indicate that the use of alternative energy sources in the European Union countries will continue to develop in the future. Based on data from Regulatory Indicators for Sustainable Energy, it is confirmed that Denmark, Germany, and the Republic of Poland are currently the leaders in the use of renewable energy sources in the EU countries. The study analyses the successful experience of these countries in the use of renewable energy sources. It is concluded that there is a dynamic in the development of alternative energy sources in European countries, but in order for alternative energy sources to fully compete with conventional energy sources, it is necessary to maintain and regulate incentives for increasing the use of renewable energy sources at the national level. The practical value of the study lies in the fact that its results can serve as recommendations for increasing the share of alternative energy sources in Ukraine","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"82 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139361276","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":"Confiscation as a special sign of protection of intellectual property rights","authors":"Svitlana Kovaliova, Oleksandr Svitlychnyi","doi":"10.31548/law/3.2023.91","DOIUrl":"https://doi.org/10.31548/law/3.2023.91","url":null,"abstract":"Despite the fact that Ukraine has a legislative framework in the field of intellectual property, some issues remain unresolved, in particular, it is important to improve the mechanisms for protecting intellectual rights, among which one of the most effective is confiscation. The purpose of the study is to explore the existing problems of criminal law and administrative law confiscation as a special feature of the protection of intellectual property rights. Key research methods include dialectical analysis, which helped obtain the most objective information about problematic processes and phenomena related to confiscation as a special feature of intellectual property protection, and deduction and induction, used to examine regulations. The paper analyses the state of legal protection of intellectual property rights and measures taken by the state to reform the intellectual property system. Attention is drawn to the fact that public relations in the studied area relate to criminal and administrative legal mechanisms related to confiscation. It is noted that depending on the violated regulation, criminal or administrative confiscation is applied to the violator. The paper analyses Ukrainian and foreign regulations that focus on one of the types of ensuring intellectual property rights – confiscation as a special feature of protecting intellectual property rights. Certain shortcomings of the Ukrainian legislation are noted, and it is proposed to make changes to it. Circumstances that motivate the examination of the legislative reflection of confiscation as a special feature of intellectual property protection are outlined. The findings of the study can be utilised by lawyers and officials of law enforcement and other state bodies responsible for confiscation measures directly related to the protection of intellectual property rights. Individual conclusions can serve as a basis for further research on confiscation as a special feature of the protection of intellectual property rights, and proposals can serve to improve the relevant legislation","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139362186","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 collective-contractual regulation in ensuring the right of agricultural workers to a safe and healthy working environment","authors":"T. Novak","doi":"10.31548/law/3.2023.60","DOIUrl":"https://doi.org/10.31548/law/3.2023.60","url":null,"abstract":"The relevance of the study is determined by the need to investigate changes at the international standards level: the inclusion of the right to a safe and healthy working environment in the fundamental principles and rights at work worldwide. This also caused the need for appropriate adjustments to the national legal framework. The second factor of relevance of the study is the novelties of national legislation on collective and contractual regulation of labour and related relations. Analysis of the impact of such changes on the settlement in collective contracts and agreements of the issue of a safe and healthy working environment for people engaged in agriculture, identification of problematic aspects and development of proposals for their overcoming define the purpose of the study. The achievement of this goal was facilitated by the use of a set of methods of scientific knowledge: philosophical (dialectical), general scientific (analysis, synthesis), and special scientific (formal-legal, comparative-legal). As a result of the study conducted, compliance with international standards of changes implemented in Ukrainian legislation regarding the conclusion of collective contracts and agreements was determined. It is proposed to extend the scope of collective agreements to all those who work in agriculture, including members of farms and agricultural cooperatives, to guarantee a safe and healthy working environment and to the work of the most vulnerable categories of workers (women, minors, persons with disabilities). The need to replace the term “labour protection” in Ukrainian legislation with “safety and health of employees at work” is justified since it is more consistent with the object of protection and correlates with international terminology. It is established that the norms of the current industry agreement do not correspond to the needs of the present. It is recommended that the development of the new document reflect in more detail the specific features of measures for the safety and health of employees at work, due to the specific features of production processes in agriculture and the realities of war and post-war times. The results obtained fill the gap in scientific research of the relevant issues, are valuable from the standpoint of the opportunity to apply them in the further reform of legislation on the field of collective-contractual regulation in agriculture, and will also be useful for the preparation of collective agreements of agricultural entities","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139362493","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":"Role of intellectual property in the development of the state’s innovation potential","authors":"Viktor Kulchytskyi","doi":"10.31548/law/3.2023.23","DOIUrl":"https://doi.org/10.31548/law/3.2023.23","url":null,"abstract":"The war poses serious challenges to the economy, national security, and development of the country as a whole, and innovation can be an important tool in overcoming these challenges. The research aims to study the impact of intellectual property on stimulating and promoting innovative development in the context of technological progress. The methods of scientific cognition used include analysis, synthesis, deduction, comparison, generalisation, and systematisation; a systematic approach was applied to create a comprehensive methodology for analysing the situation in the intellectual property market. The study investigates how intellectual property can stimulate scientific research, promote the development of new technologies, increase competitiveness within the state and contribute to economic growth. The study analyses the works of Ukrainian scientists that have a positive impact on the development of Ukraine’s innovation potential. The author presents an opinion on the need to develop and improve the protection of intellectual property rights, as this will facilitate the discovery of new technologies and the involvement of scientists in their development. The author discusses the issue of establishing the High Court of Intellectual Property and identifies the advantages and disadvantages that may arise with the introduction of such a body. The author substantiates the position on encouraging and conducting outreach to the public to involve scientists and specialists in the discovery and development of new technologies, and exchange of experience, and also emphasises the need for open educational and scientific events that will contribute to the development of Ukraine’s innovation potential. The author considers various methods of encouraging the population to discover new technologies and work in this direction, such as legal mechanisms that protect intellectual property rights holders from unfair competition, namely administrative and criminal liability. The practical value of the results obtained is that they reveal in detail the problematic issues of the innovation potential of the state, as well as identify areas for improvement and provide recommendations for the productive development of the digital state","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139366317","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":"Experience of EU countries in legal regulation of agricultural land turnover between agricultural producers","authors":"M. Deineha, Ruslan Gutsol","doi":"10.31548/law2021.02.05","DOIUrl":"https://doi.org/10.31548/law2021.02.05","url":null,"abstract":"The article examines the peculiarities of legal regulation of agricultural land turnover among agricultural producers in the EU countries and identifies the areas for improvement of national legislation in this area. The study finds that international experience indicates that there are various models of legal regulation of land turnover among agricultural enterprises which can be effective if they take into account the specific features of a particular country and national interests. Almost every country in the world regulates such turnover in one way or another. There are countries with “hard” and “soft” regulation of land transactions between agricultural producers. However, almost every developed EU country gives priority to farmers who live in the area and run their own farms, as opposed to large agricultural holdings. Despite the fact that in the EU countries the legislation on the turnover of agricultural land between agricultural producers is based on different models of legal regulation, the positive experience of these countries should be used to improve the national legislation in this area. In the area of legal support for the use of land by agricultural producers, the national land legislation should pay special attention to granting pre-emptive rights to purchase agricultural land to farms, territorial communities, tenants, etc; provide for the establishment of a preferential procedure for the acquisition of such land and the granting of tax benefits; and define the limits of land concentration at the level of regions and united territorial communities or establish a permit procedure for the acquisition of land plots with an area larger than that established in a particular region or united territorial community.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115034805","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":"Analysis of international experience in the legal regulation of posthumous consent for donation and its implementation in Ukraine","authors":"Anna Melnyk, Svitlana Avramenko","doi":"10.31548/law/2.2023.52","DOIUrl":"https://doi.org/10.31548/law/2.2023.52","url":null,"abstract":"The relevance of this study is associated with the acute shortage of organs for transplantation, which is a widespread issue in healthcare systems worldwide. The purpose of the study is to identify potential ways to increase the number of individuals providing posthumous consent for donation and, consequently, the availability of donor material in Ukraine, based on the experience of foreign countries. The study utilises general scientific methods (formal-logical, analysis, synthesis, comparison) and specific legal methods (formal-legal, comparative-legal) to gather, process, and present information. The paper analyses the international experience in the legal regulation of posthumous consent for donation and explores its implementation in Ukraine. The study establishes that some countries have partially addressed the problem of organ shortage through legislative provisions allowing for the transplantation of organs from deceased donors. Ukraine has also conducted operations using posthumous donor material. During the investigation, it was found that in certain countries, including Ukraine, there is a presumption of donor dissent, meaning that a person is considered not willing to be a donor if they have not expressed their consent during their lifetime. Conversely, the concept of presumed consent considers a person to be a posthumous donor if they have not explicitly refused to be one during their lifetime. The study proposes and justifies the expediency of potential solutions to the organ shortage problem, including conducting extensive public awareness campaigns to promote the idea of posthumous donation, implementing presumed consent for posthumous donation, and continuing efforts to provide individuals with the option to make their choices regarding posthumous donation electronically. The results of this paper can be utilised to improve Ukrainian legislation in the field of posthumous donation and can be directly applied in the practices of legal professionals working in civil and medical law, and medical practitioners.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131363068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The concept and correlation of legal protection and defence of well-known trademarks","authors":"Oleksii Tkachuk","doi":"10.31548/law/2.2023.95","DOIUrl":"https://doi.org/10.31548/law/2.2023.95","url":null,"abstract":"The relevance of the study is due to the lack of attention on the part of international and national legislation to such an object of intellectual property as well-known trademarks, in particular, to the regulation of their legal defence, and therefore this issue requires research and coverage in scientific circles. The purpose of the study is to investigate the difference between legal protection and legal defence of well-known trademarks in Ukraine. General scientific methods of knowledge (generalisation, formal-logical, synthesis, axiomatic) and special-legal methods (formal-legal, logical-legal, comparative-legal) were used to examine this problem. The paper considers the key features of well-known brands. By analysing the Ukrainian regulatory framework, it is established that the legal protection of well-known trademarks in Ukraine complies with the norms of international legislation, namely the provisions of Article 6 bis of the Paris Convention. A detailed analysis of the concepts of protection and defence is conducted and applied to the object of the study. It was established that the peculiarity of well-known trademarks is that they acquire the status of a protected object of intellectual property rights not from the moment of state registration but from the time of their recognition in the country, which means acquiring the status of being famous. The practical value of the study is that the results obtained can be used to improve the procedure for recognising trademarks as well-known, namely, to justify the possibility of choosing the appropriate course of action: by applying to the appeals chamber or applying to the court.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133540677","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":"Property rights other than rights of ownership as an object of notarised transactions","authors":"Oleksii Piddubnyi, Oleg Rohovenko","doi":"10.31548/law/2.2023.81","DOIUrl":"https://doi.org/10.31548/law/2.2023.81","url":null,"abstract":"The relevance of the subject is due to the frequency of application of property rights in practice, which led to the emergence of numerous situations when subjects applied to the court to protect their rights. The purpose of the study is to analyse the Ukrainian legislation on property rights other than property rights and to examine them as an object of notarisation. For the search, processing, and presentation of Information, special legal (comparative-legal, formal-legal, and the method of interpretation) and general scientific (formal-logical, analysis, synthesis, concretisation and abstraction, induction and deduction) methods are used. Considering the best practices of judicial practice, the concept of “waiting right” is fixed, which is directly related to objects of construction in progress. The shortcomings contained in the current Civil Code of Ukraine are identified. Attention is drawn to the fact that the planned re-modification of the code will correct many shortcomings existing in the private law sector of legal regulation. The correlation between the concepts of rights of ownership and property rights is outlined, and the absence of regulation of the concept of “property rights” in the Civil Code of Ukraine is stated. The study highlights the state of affairs regarding the notarisation of property rights other than rights of ownership. Changes caused by the entry into force of the Law of Ukraine “On Guaranteeing Rights of Ownership to Real Estate Objects That will be Built in the Future” were reported, and its importance for the regulatory plane, in general, are assessed. The problem of definitions of “property rights” and “rights of ownership” is examined. The scientific achievements of outstanding legal researchers are used, whose work is related to the correction of gaps contained in civil legislation, and the problems of insufficient definition of essential terms in regulatory legal acts regulating issues related to the subject under study. The specific features of using property and personal non-property rights in the field of intellectual property are established. The results of the study can be used for further development of doctrinal approaches to improving the institutions of property and rights of ownership.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128639311","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}