Legal Ukraine最新文献

{"title":"The boundaries of the normative regulation of the system of guaranteeing deposits of individuals","authors":"","doi":"10.37749/2308-9636-2021-8(224)-2","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-8(224)-2","url":null,"abstract":"The purpose of the work is to determine the boundaries of regulatory regulation of the deposit guarantee system of individuals, the prospects for their changes, as well as the feasibility of the powers of the Fund.\u0000\u0000This legal consolidation allows us to conclude that the Fund is not a property management body (in particular, cash), so the existence of power to regulate public relations within the guarantee system is unjustified, because it has functions, not authority, is an institution, and not a body that manages property (in particular, like a state enterprise in terms of economic management – Part 1 of Article 74 of the Economic Code of Ukraine), and does not implement public policy. So, the Fund actually combines in one person the function of accumulation and management of funds, as well as regulates the activities of banks in relation to these relations. This approach is contrary to Directive 2014/49/EU, which distinguishes between such institutions.\u0000\u0000In this respect, it should be noted that this Directive 2014/49/EU is an important tool for achieving the internal market in terms of both freedom of establishment and freedom to provide financial services in the field of credit institutions, while increasing the stability of the banking system and depositors (p. 3 of Preamble). That is, it is a search for economic rather than administrative mechanisms for the existence of the system.\u0000\u0000There are considerations about the limits of regulatory powers by the Fund, because in fact it is a structural regulation of the relationship of guaranteeing deposits of individuals. Moreover, given the functions of the Fund, defined in Art. 4 of the Law № 4452, the regulation of the participation of banks in the system of guaranteeing deposits of individuals is only a small component in the activities of this institution.\u0000\u0000Moreover, Law № 4452 additionally contains a section devoted to the regulatory activities of the Fund. Without detailing the rules of this section, we should focus only on its hall provisions. Thus, according to Part 1 of Art. 30 of the Law № 4452 The Fund regulates the activities of banks by: 1) adoption, within the limits of its powers, of normative legal acts obligatory for execution by banks; 2) exercising control over the fulfillment of banks ’obligations in connection with their participation in the deposit guarantee system for individuals; 3) withdrawal of insolvent banks from the market; 4) in other forms provided by this Law.\u0000\u0000Summarized that the trend of development of deposit guarantee relations is to strengthen the administrative influence of the Fund on the system, as well as giving this institution power in terms of regulation, which does not meet modern world trends. Under such conditions, the Fund can only have an economic impact on the deposit guarantee system, in particular in terms of proper preservation and accumulation of funds, while regulatory regulation should be concentrated exclusively within the powers of the Nation","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116051378","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":"Some modern problems of notary protection and safeguarding subjective civil rights","authors":"Oleksandr Nelin","doi":"10.37749/2308-9636-2021-8(224)-4","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-8(224)-4","url":null,"abstract":"In the article the authour studies some theoretical foundations of the notion of personal civil rights «protection» and «safeguarding» by a notary. It has been specified that the protection and safeguarding of personal rights is performed by notaries only when there is a conflict within some notarial acts, such as: safekeeping of inheritance property, acceptance for safekeeping or on deposit by a notary, making enforcement inscriptions, noting of a bill etc. Given this, it seems necessary to find out whether in all cases the notary activities are being involved in the notion of «rights protection». It has been determined that unlike various ways of civil rights protection in court (Art. 16 of the Civil Code), a notary, in accordance with the Art. 18 of the Civil Code of Ukraine, performs the protection in only one way — by means of making a writ of execution.\u0000\u0000Notarial form of protection is also a jurisdictional form of civil rights protection; however some scholars (O. Vershynin, O. Mykhailova) refer it to an administrative form. In our opinion, it is difficult to agree with this, as notaries do not belong to public authorities, neither they perform administrative functions, but their activity is reduced to law enforcement. The above gives grounds to qualify the notary activity as a specific jurisdictional form of personal civil rights protection.\u0000\u0000The main means of implementation of the notarial form of protection is making a writ of execution on a debt document. Other scholars (T. Kiyko (Kovalchuk) referred, among other, a notarized consent of one of the parents to another one to bring their child out of the country, to protective functions of notariat.\u0000\u0000However, it should be noted that in all the cases a notary does not perform the protection of personal right in its traditional sense as implementation of a certain coercive measure aimed to restore a violated right or property of an injured person. That is why there some grounds to speak of preventive character of notarial activity and, accordingly, to refer it to the means of rights safeguarding but not protection. Based on that, the present version of the Article 18 of the Civil Code of Ukraine should be considered favorable.\u0000\u0000However, V. Marchenko does not share this opinion. He believes that this norm of the Article 18 of the Civil Code of Ukraine reduces the role of a notary only to protecting civil rights by making a writ of execution and, at the same time, ignores the safeguarding function as well as it does not reflect the essence of notariat hence causing failure to use all the capacity and potential of the institution.\u0000\u0000The author specifies that protection of the civil rights should be expanded on account of providing possibility of personal protection not only in case of violation, rejection or contestation of the rights, but also in case of real threat of their violation. It is appropriate to provide the preventive protection only in connection with an inevitable violation of the ","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115357657","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":"Subject of the crime under art. 326 of the criminal code of Ukraine","authors":"I. Salahor","doi":"10.37749/2308-9636-2021-8(224)-3","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-8(224)-3","url":null,"abstract":"The characteristics of the subject of offence under Art. 326 of the Criminal Code of Ukraine are considered in the article. It is stated that violation of the rules of treatment of microbiological or other biological agents or toxins is not included in the list of crimes, which stipulates the liability of legal entities. Notwithstanding that a deliberate violation of these rules may be committed by an authority on behalf of and in the interests of a particular legal entity, it is concluded that the subject of offence under Art. 326 of the Criminal Code of Ukraine, is exclusively an individual.\u0000\u0000The author expresses her own insight of criminal sanity related to a criminal offense under the provisions of Art. 326 of the Criminal Code of Ukraine, particularly, defines it as the ability of a person to realize that his actions (acts of omission) are a violation of the rules of biological pathogens handling and are biologically dangerous, as well as the ability to choose an option (method) of pathogens handling.\u0000\u0000Under such circumstances, the subject of offence under the Art. 326 of the Criminal Code of Ukraine, may be characterized by diminished sanity, inability to understand their actions (acts of omission) exactly and / or manage them.\u0000\u0000It is argued that criminal liability of a person who has violated the rules of treatment of biological pathogens can occur only after he reaches 18 years of age. According to the analysis of the scientist’s views and the provisions of regulations in the relevant area, it is concluded that the subject of offence under Art. 326 of the Criminal Code of Ukraine of a crime – special, regardless to the fact of absence of the direct provision in the law. In author’s point of view, the penal part of Article, in particular, stipulated herein type of additional punishment as deprivation of the right to hold certain positions or engage in certain activities, is an indirect indicator that the subject of violation of the rules of treatment of biological pathogens is special.\u0000\u0000It is concluded that the subject of offence under Art. 326 of the Criminal Code of Ukraine, is a person responsible for his/her actions (or person with a diminished sanity) who has reached the age of 18 at the time of the comiting crime and who, in accordance with his duties or professional functions must comply with the rules of treatment of biological pathogens.\u0000\u0000Key words: subject of offence, biological pathogens, toxins, person, sanity, increased age of criminal liability, special subject of offence.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125919931","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":"PARTICULAR ASPECTS OF THE NECESSITY OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN UKRAINE","authors":"Kseniia Zhyhalova","doi":"10.37749/2308-9636-2021-8(224)-1","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-8(224)-1","url":null,"abstract":"The purpose of the study was to demonstrate particular legal and objective reasons for necessity and expediency of legal regulation advancement, development and usage of Artificial Intelligence (AI) in Ukraine. Chapter 1 «Understanding of Artificial Intelligence» gives examples of AI applications, doctrinal and diverse legal definitions of AI. Chapter 2 «Necessity and Expediency of legal regulation of Artificial Intelligence in Ukraine» shows the necessity of legal regulation, exemplifies the gaps in current legislation. This Chapter demonstrates that it is paramount to establish protection of IP rights within AI legal relationships in Ukraine. Also, Chapter 2 analyzes particular issues in AI and national, international and social security, questions of data protection. Chapter 3 «Conclusion» demonstrates that absence of specific AI regulation could potentially lead to numerous problems in public/private sectors, for economics, businesses, civilians.\u0000\u0000Key words: Artificial Intelligence (AI), legal regulation of AI, intellectual property (IP) protection, national security, protection of human rights and freedoms, data protection.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116930730","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":"CONSUMER PROTECTION IN THE FIELD OF ELECTRONIC COMMUNICATIONS","authors":"O. Vinnyk","doi":"10.37749/2308-9636-2021-7(223)-2","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-7(223)-2","url":null,"abstract":"The article is devoted to the problem of protection of the rights of consumers of electronic communication services, including e-commerce.\u0000\u0000The peculiarities of the relationship with the participation of e-consumers and the related problems of protection of their rights are determined. Thus, the peculiarities of consumer protection in the digital economy are related to the specifics of e-commerce, which is carried out using digital technologies. Accordingly, consumers in this area must have the appropriate knowledge, skills, tools, and legislation should enshrine the digital rights of consumers, effective and inexpensive legal mechanisms to protect them. An example is the legal regulation of e-commerce relations in the EU, which enshrines not only the rights of consumers in this area, but also the responsibilities of state authorities and e-commerce entities to provide information support to consumers, as well as pre-trial proceedings for consumer disputes. using an electronic platform managed by the authorized body.\u0000\u0000Such legal mechanisms are provided by the Law of Ukraine of 16.12.2020 «On Electronic Communications», the provisions of which are analyzed. However, the innovations enshrined in this law are not mentioned as mandatory for application in the laws «On Consumer Protection» and «On E-Commerce». This indicates the need to supplement the relevant provisions of the above acts (laws «On Electronic Communications», «On Electronic Commerce», «On Consumer Protection») in order to ensure transparency and clarity for ordinary consumers of electronic communications services of these innovations, and in general – for effectiveness of protection of the rights of so-called electronic consumers.\u0000\u0000Key words: electronic communication services, e-commerce, e-concumer, electronic regulatory platform, online dispute resolution.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133341094","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":"Problems formed by everyday information and communication sphere of holding","authors":"","doi":"10.37749/2308-9636-2021-7(223)-3","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-7(223)-3","url":null,"abstract":"An unheard-of triumph of mankind in the last century was that in the process of the development of science and technology, information and communication technologies (ICT) exploded most vulnerablely, and we, at a new ideological level, comprehended the importance of information and professional awareness of citizens as a resource for the modernization and development of countries. Under the influence of ICT in the twentieth century, communication began to develop rapidly in science, education, industry, economics, medical and military affairs, etc. The arrays and quality of meaningful information that have been accumulated over the centuries, and in different countries it was done in different ways, in the twentieth century for the first time began to intensively integrate into the system of world knowledge, laying the foundation for the formation of a global system of information exchange and human communication. The coordinates of the capabilities of modern technical means that form information and communication networks and systems, over the past thirty years have significantly expanded the world, radically changed the concept of information and communication activities, and its digitalization in general, increasing the requirements for it, internationalized and unified standards, translating the development of society to a new level.\u0000\u0000The requirements for education and professional training of people who work in the information and communication sphere have also radically changed. We see all this in the examples of the integration of the latest ICTs into the totality of all information and communication, political and legal, scientific, educational and financial and economic processes, which, in turn, are rapidly changing human society in the harmonious unity of all their elements, integrating the potential of humanity and increasing the power of influence on our consciousness of the global information and communication space (ICP). The world community poses before each state extremely difficult issues of conducting an appropriate information and communication policy in order to adapt its citizens to living conditions in a new information and communication reality, requiring legislatively to form a new vision of human rights and responsibilities to meet information and communication needs in society and, thus Thus, to prepare their citizens for life in the new realities of the world, the life of which is based on the use of information as the main resource for development.\u0000\u0000Key words: information, informatization, communication, information and communication technologies, information and communication security, information and communication activities, information and communication space, information and communication legislation.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130533392","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 International legal framework for countering International crimes in Afghanistan","authors":"O. Bazov","doi":"10.37749/2308-9636-2021-7(223)-6","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-7(223)-6","url":null,"abstract":"The article examines the international legal framework for combating international crimes in Afghanistan. The issues of the jurisdiction of the International Criminal Court in relation to the prosecution and prosecution of persons who have committed or ordered to commit war crimes, crimes against humanity and terrorist acts in a given country are analyzed. Attention is drawn to the organizational problems in the activities of the International Criminal Court in connection with the application of sanctions against judges and the prosecutor of this court.\u0000\u0000The situation with the perpetration of mass international crimes in Afghanistan and the need to bring to justice the perpetrators who killed or injured thousands of civilians in Afghanistan cannot but be alarmed by the international community, which sees the events in Afghanistan as a threat to peace and international security.\u0000\u0000As there is no effective domestic justice system for prosecuting international crimes in Afghanistan, the International Criminal Court is the most effective legal mechanism for prosecuting international criminals for committing war and other international crimes in Afghanistan. There are all the necessary preconditions for this – both the fact that the International Criminal Court, taking into account the principle of complementarity, has the necessary jurisdiction to investigate and prosecute individuals for committing international crimes, which were probably committed in Afghanistan, and that Afghanistan is a State party to the Rome Statute of the International Criminal Court and, accordingly, recognizes the jurisdiction of that court. At the same time, Afghanistan’s legal relations with the International Criminal Court in the field of combating international crimes must be carried out in accordance with international law, taking into account the principle of complementarity.\u0000\u0000Key words: international court, international crimes, jurisdiction, sanctions, responsibility.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"628 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131774244","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":"Notariat as a factor of forming legal system in Ukraine","authors":"Oleksandr Nelin","doi":"10.37749/2308-9636-2021-7(223)-5","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-7(223)-5","url":null,"abstract":"The author has studied some theoretical and practical aspects of the notary institution as an independent component of the legal system of Ukraine. It is emphasized that the state has its own national legal framework with inherent legal habits and traditions, legislation and legislative bodies, with formed specific legal mentality and legal culture, all which is consolidated into the notion of «legal framework». In any state the legal framework being an integral part of the legal culture is determined by its historical and legal aspects and is a part of social system of the country.\u0000\u0000The author specifies that the important role in strengthening the legal framework is played by notary system.\u0000\u0000A fascinating example could be the efficient adaptation of the notary system to operate under conditions of COVID-19 pandemic. Despite the complex sanitary and epidemiological situation, the notaries continued working keeping to the necessary measures and restrictions as required by the law. The Notary Chamber of Ukraine adopted the decision to create «duty notary offices» that enabled to keep the civil turnover stable.\u0000\u0000Besides, the Notary Chamber of Ukraine launched an open support line for people and businesses where it was possible to get advice on the notariat issues. The specified service provided the population with the necessary legal support in distant mode when possibility of visiting a notary public in person was limited.\u0000\u0000Another example demonstrating flexibility and adaptivity of the notary system to certain new conditions is implementation of information technology, creation of a single database of the most important notary acts, which is a new stage in the notarial process associated with the demands of our time. The next stage should be creation of a single computer network of the notary bodies which will not only provide certain information of a notary public or act, but will make the international cooperation of notaries possible. All that will relieve the notarial process of certain drawbacks and will provide strong information protection of the notarial acts performed. The last on this path should be the integration into a single computer network of all the law enforcement and human rights bodies and their cooperation.\u0000\u0000Emphasis is placed on the need for further scientific research in the field of legislative control of notarial activities.\u0000\u0000Key words: legal framework, notary system, functions of notary system, electronic notary system (Е-notary system), pandemic, reform of notary system.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133074274","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":"Quality assurance of legislation of Ukraine: theoretical and praxeological concept","authors":"","doi":"10.37749/2308-9636-2021-7(223)-1","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-7(223)-1","url":null,"abstract":"The article notes that to ensure the quality of legislation, both the official rule-making process and the appropriate level of its scientific and organizational-legal support are important. Accordingly, direct rule-making activity should be distinguished from management activities of rule-making, the study of which is not given due attention.\u0000\u0000The most important conditions for effective rule-making are planning of this activity on the basis of the Concept of development of national legislation — a doctrinal official legal binding document, as well as observance of the principles of scientificity, democracy, publicity, taking into account public opinion in the adoption of regulations that affect their quality. The concept of development of the legislation of Ukraine should be accepted by the newly elected parliament of Ukraine for the term of its powers (5 years) on the basis of coordination of political positions of the parties which entered the Coalition of deputy factions in the Verkhovna Rada of Ukraine. Accordingly, the concept must comply with rule-making at all levels of public authority.\u0000\u0000It is also important to legally regulate the procedures for lobbying the legitimate interests of civil society institutions, business structures at various levels, and so on. Legislative regulation of lobbying should be comprehensive and systemic, as lobbying takes place in the rule-making process at all levels of public authority from parliament to local governments. Lobbying rules should also be aligned with current legislation. Borrowing foreign experience of legislative regulation of lobbying, it is necessary to focus on domestic political and legal reality; reckless copying of the lobbying practices existing in other countries will only lead to even greater chaos in this area and a decrease in public confidence in public authorities.\u0000\u0000Improving the quality of legislation will also contribute to clarifying the powers of parliamentary committees, ministries, a clear definition of organizational and legal forms of their cooperation in the adoption of legislative acts. In particular, when organizing management activities of rulemaking, it is also advisable to listen to the idea of correlating the structure of profile committees of the Verkhovna Rada of Ukraine and the structure of ministries. After all, according to the Law of Ukraine «About central authorities of executive power», one of the main tasks of the ministry is to generalize the practice of applying the legislation, develop proposals for its improvement and submit draft acts in the prescribed manner.\u0000\u0000Key words: quality of legislation, management of normative activity, concept of legislation development, principles of law – making, lobbying of the process of adoption of normative legal acts.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123496601","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":"State of the modern system of biosecurity and biosecurity of Ukraine and proposals for its improvement","authors":"M. Velichko","doi":"10.37749/2308-9636-2021-7(223)-4","DOIUrl":"https://doi.org/10.37749/2308-9636-2021-7(223)-4","url":null,"abstract":"The article offers the author’s vision for the creation of a system of biological safety and biological protection of the state in Ukraine, which will consist of the following elements, namely: the Biosafety Management and Bioprotection Management Authority of Ukraine; Law of Ukraine on Biosafety and Biological Protection of the State; Strategy for ensuring biological safety and biological protection on the principle of «single health» for the period up to 2025 with the approved action plan for its implementation; Interdepartmental Commission on Biosafety Management and Biological Protection and Management of Hazardous Biological Agents, Products of Their Life and Processing; National Bank of Genetic Resources of Ukraine; Subjects of ensuring biological safety and biological protection of the state; Advisory body on a voluntary basis ‒ the Commission on Biosafety and Biosecurity under the National Security and Defense Council of Ukraine.\u0000\u0000It is concluded that Ukraine does not currently have an effective system of biological safety and biological protection to counter biological threats to the national security of Ukraine. It is proposed to use the positive international experience in the formation of a comprehensive program of biological safety and biological protection (for example, Germany, Denmark, Canada) in Ukraine in developing an appropriate domestic program that will help combat threats to national security of Ukraine.\u0000\u0000Key words: system, elements, commission, biological threats, biological risks, biological safety, biological protection, legal support.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134320659","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}