CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION最新文献

PRIORITY OF THE PRIVATE LEGAL METHOD IN REGULATION OF IT RELATIONS IN THE CHANGING FORMS AND VECTORS OF THE IMPACT OF IT LAW 优先考虑私法方法在规制信息技术关系中的形式和载体的变化对信息技术法律的影响

CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-222-0/91-103

O. Omelchuk

{"title":"PRIORITY OF THE PRIVATE LEGAL METHOD IN REGULATION OF IT RELATIONS IN THE CHANGING FORMS AND VECTORS OF THE IMPACT OF IT LAW","authors":"O. Omelchuk","doi":"10.36059/978-966-397-222-0/91-103","DOIUrl":"https://doi.org/10.36059/978-966-397-222-0/91-103","url":null,"abstract":"INTRODUCTION The field of IT law is developing rapidly in Ukraine and becoming one of the most promising areas of training for lawyers. The question of determining the place of IT law in the national legal system is extremely urgent. It is necessary to outline the boundaries and methods of legal regulation in this field, since the dynamics of development of relations in the field of information technology requires the widest possible expansion of the scope of information technology. The specificity of the information technology sector is marked by a tendency to self-regulate relations in this field, which is confirmed by the situation with crypto currency assets; relationships that arise during communication on social networks, etc. However, most public relations, which are decisive for the sphere of interference with IT law, are regulated by state legal norms, but complicated by the informational features of their application. The process of formation of specific cross-sectorial features of legal regulation of relations in the field of IT is noted in the literature 1 . The pluralism of views inherent in modern science opens new vectors of knowledge of law; it’s not limited only as a social regulator. The application of the methodological tools of the various social sciences makes it possible to consider law in the context of its social nature, as an element of the social system. Based on the civilizational approach, law is characterized as a phenomenon inherent in civilization, serving as an element of socio-political system and social consciousness, law is a component of the spiritual world of man and his worldview; law reflects the views of individuals and society as a whole about human status, truth and injustice, justice, good and evil, human rights abuses and restoration, crime and punishment, humanism and cruelty, etc 2 .","PeriodicalId":161654,"journal":{"name":"CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117279246","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}

引用次数: 0

THE RIGHT OF USE ANOTHER’S LAND PLOT WITH THE AGRICULTURAL PURPOSES (EMPHYTEUSIS) 以农业为目的的他人地块的使用权(附地)

CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-222-0/46-60

V. Goncharenko

{"title":"THE RIGHT OF USE ANOTHER’S LAND PLOT WITH THE AGRICULTURAL PURPOSES (EMPHYTEUSIS)","authors":"V. Goncharenko","doi":"10.36059/978-966-397-222-0/46-60","DOIUrl":"https://doi.org/10.36059/978-966-397-222-0/46-60","url":null,"abstract":"INTRODUCTION Radical changes in the field of land legal relations, which are introduced by including in Art. 14 of the Constitution of Ukraine 1 , property on land, have led to the creation of a system of proprietary rights on land, among which one of the closest in content to property on land is the right of use another’s land plot for agricultural purposes (emphyteusis). In the civil legislation of Ukraine, the relations about emphyteusis are regulated by the norms of property and contract law. The peculiarity of the legal regulation of emphyteusis under the civil law of Ukraine is the absence of its legal definition, while its essence is contained in the rules that usually regulate the rights and responsibilities of the parts of such legal relations, which necessitates the analysis of the features of this proprietary right to another’s property. Until 2004, the norms of civil law were not applied to the regulation of land relations, except for those property relations that have arose and organically combined with public relations in the field of use and protection of land, natural resources, environmental protection (damages, transfer of ownership of buildings and structures on land plots, inheritance of land plots, civil liability for violation of land law, natural resources and environmental legislation etc.). This is due to the fact that in Art. 2 of the Civil Code of the USSR 2 of 1963 the principle of separate legal regulation of property relations by the rules of civil law was provided, while land, forest, water, mining relations – respectively, by the rules of land, forest, water and subsoil legislation. The reform of this model of legal regulation of land relations took place with the entry into force of the Civil Code of Ukraine 3 of 2003, which re-established provisions for the application of civil law to regulate public relations in use of land, natural resources and protection of environment.","PeriodicalId":161654,"journal":{"name":"CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125484868","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}

引用次数: 0

RECODIFICATION OF CIVIL LEGISLATION OF UKRAINE: A PARADIGM OF IMPROVEMENT 乌克兰民事立法的再法制化:一个改进的范例

CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-222-0/1-17

Е. O. Kharytonov, O. Kharytonova

引用次数: 0

ON THE ISSUE OF DETERMINING THE CIVIL-LAW STATUS OF SERVICEMEN 论军人民事法律地位的确定问题

CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-222-0/61-75

Yu. V. Kryvenko

{"title":"ON THE ISSUE OF DETERMINING THE CIVIL-LAW STATUS OF SERVICEMEN","authors":"Yu. V. Kryvenko","doi":"10.36059/978-966-397-222-0/61-75","DOIUrl":"https://doi.org/10.36059/978-966-397-222-0/61-75","url":null,"abstract":"INTRODUCTION Modern society faces a number of complex social and political problems, including the realization of military reform and building a legal country are prime. The recognition and promotion of universal values is a prerequisite for the establishment and functioning of the rule of law. Among the generally recognized legal values that exist in modern civilized society, the central place is occupied by those who determine the status of a person, regulate and protect his rights and freedoms. National defense is one of the most important functions of the state and military service – the honorable duty of citizens. Changes in the domestic politics and international situation of Ukraine have significantly affected this traditional institute of the state. During the course of the military reform, there is considerable legislative activity regulating military service and a number of questions regarding the need to determine the legal status of military servicemen. Servicemen along with the general legal status have a special status that not only complements the general, but also changes (limiting) him. Special status is determined by the totality of rights, freedoms, duties and responsibilities envisaged by the general, above all the Constitution, and special (military) legislation. Human rights are defined and guaranteed by acts of international law: the Universal Declaration of Human Rights (1948) 1 ; The International Covenant on Economic, Political, Social and Cultural Rights (1966) 2 ; The International Covenant on Civil and Political Rights (1966) and two optional protocols to the latter 3 ; European Convention on Human Rights and Fundamental Freedoms (1950) and its Protocols 4 . These documents are the basis for any","PeriodicalId":161654,"journal":{"name":"CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126925794","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}

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SOME ASPECTS OF CIVIL LEGISLATION RECODIFICATION IN THE CONTEXT OF EUROPEAN INTEGRATION PROCESSES 欧洲一体化进程背景下民事立法再认证的若干方面

CURRENT ISSUES OF RECODIFICATION OF UKRAINIAN CIVIL LEGISLATION Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-222-0/32-45

O. I. Safonchik

引用次数: 0