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Оwnership as a legal category Оwnership作为一个法律范畴
Legal Ukraine Pub Date : 2020-12-23 DOI: 10.37749/2308-9636-2020-11(215)-4
O. Ilkiv
{"title":"Оwnership as a legal category","authors":"O. Ilkiv","doi":"10.37749/2308-9636-2020-11(215)-4","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-11(215)-4","url":null,"abstract":"The article is devoted to the analysis of ownership in Ukraine. Features of ownership as a legal category that is inherent in real and compulsory relations are investigated. The legal aspects of ownership used to characterize the acquisition period are clarified. The legal consequences of actual domination of a thing are described. Thus, ownership in civil law is considered as the subjective right of the owner and as a separate real right to own someone else’s property. In civil law, ownership is considered as a subjective right of the owner or other persons, and not as an object of subjective rights. The actual content of a thing without a legal basis should not be identified with the right of ownership in the legal aspect. The stay of the find in fact with a person who has found a thing for six months while the unknown owner of it should not be interpreted as a right of ownership, since in the Civil Code of Ukraine the right of ownership is considered among the types of real rights to someone else’s property. The latter in turn arise on the basis of the will of the owner or the law, and in the case of a dispute — on the basis of a court decision. The positions on the protection of the right of ownership over acquisition time in the judicial procedure are justified.\u0000\u0000Real ownership is one of the oldest known under Roman law. It covered two aspects: the independent type of property rights and one of the powers that constitute ownership. Since the time of Roman law, attention has been focused on the absolute nature of ownership in the form of domination of things. Dominance can be seen in the factual and legal aspects.\u0000\u0000The establishment by the courts of the fact of bona fide possession of a thing for a period determined by law can be carried out in a separate proceeding. But it cannot recognize the ownership of a thing in order to consider cases of separate fact-finding proceedings of legal importance.\u0000\u0000Key words: right of possession, property right, rights, acquisitive prescription.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128753367","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
Issues of the theory of international humanitarian law in the context of integration and globalization 一体化和全球化背景下的国际人道法理论问题
Legal Ukraine Pub Date : 2020-12-23 DOI: 10.37749/2308-9636-2020-11(215)-5
V. Bazov
{"title":"Issues of the theory of international humanitarian law in the context of integration and globalization","authors":"V. Bazov","doi":"10.37749/2308-9636-2020-11(215)-5","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-11(215)-5","url":null,"abstract":"The article discusses topical issues of the formation and further development of the theory of international humanitarian law. Explored the basic concepts of this area of humanitarian public law. For the first time, international humanitarian law is defined as a set of conventional and customary international legal norms that govern the law of armed conflict and human rights law.\u0000\u0000The processes of globalization of modern international relations, characterized by increasing influence of leading international organizations and crises in individual states, objectively affect the renewal and further development of the theory of international humanitarian law as one of the rapidly developing branches of public international law. New conceptual approaches to the modern definition of international humanitarian law, its philosophy and legal nature require a rethinking of scientific views as classics of international law, including the founder of the theory of natural law and modern science of international law Hugo Grotius, researcher of state interests in «just war» Thomas Hobbes and the founder of the «social contract», the sentimentalist Jean-Jacques Rousseau, and the views of such prominent scholars as Immanuel Kant, Fedor Martens and Jean Pictet.\u0000\u0000Given the normative definition, «the law of armed conflict» and «the law of human rights» are two independent legal systems within the framework of international humanitarian law, which operate mainly in different periods: during armed conflicts or in peacetime, respectively. These legal systems, although closely interlinked within the framework of international humanitarian law, are still independent and relatively independent of each other, as they have features in the sources and mechanisms of implementation and control over compliance with their norms and principles.\u0000\u0000Key words: theory of international humanitarian law, international relations, state, international organization, international court.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132177593","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
Principles of international humanitarian law 国际人道主义法原则
Legal Ukraine Pub Date : 2020-10-30 DOI: 10.37749/2308-9636-2020-12(216)-4
V. Bazov
{"title":"Principles of international humanitarian law","authors":"V. Bazov","doi":"10.37749/2308-9636-2020-12(216)-4","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-12(216)-4","url":null,"abstract":"The article considers topical issues of the general concept and system of principles of international humanitarian law. The basic general and special principles of this branch of international law are investigated, and also the principles and ways of interpretation of its norms are analyzed. The tendencies of further development of the principles of international humanitarian law are determined.\u0000\u0000In the modern world, international humanitarian law has become a unique legal phenomenon and has acquired the most universal institutional and legal nature. But even today, this authoritative branch of international law continues its development, which is influenced by numerous factors, including increasing the conflict of modern international relations, which necessitates effective action by the UN and other international organizations and individual states, and, in turn, requires a theoretical analysis of the humanitarian international legal force mechanism that international law theorists hope can provide an effective response to the brutal challenges of the new millennium. However, this leads to the fact that in some cases the forces of the UN or other international organizations actually become a party to an armed conflict, which leads to the fact that such a conflict already affects not only the state or states of the conflict zone, but also third countries place their armed forces at the disposal of international organizations. The need to comply with international humanitarian law is highlighted in numerous Security Council resolutions and decisions of other UN bodies, decisions of regional international organizations, including the Council of Europe and the European Union, which significantly affect the formation and further development of international humanitarian law.\u0000\u0000Key words: theory of international law, principles of international humanitarian law, system of principles, international relations, international judicial practice.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134328606","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
Jus cogens standards and erga omnes commitments in international criminal justice 国际刑事司法中的强制法标准和普遍适用承诺
Legal Ukraine Pub Date : 2020-07-17 DOI: 10.37749/2308-9636-2020-6(210)-9
{"title":"Jus cogens standards and erga omnes commitments in international criminal justice","authors":"","doi":"10.37749/2308-9636-2020-6(210)-9","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-6(210)-9","url":null,"abstract":"The article analyzes the application of jus cogens and erga omnes obligations in international criminal justice. The main ideas that were the basis of the concept of jus cogens norms and the concept of obligations erga omnes are investigated. The modern doctrines of jus cogens and erga omnes are analyzed. Imperative norms, which have a special legal force, is one of the characteristic features of modern international law. These rules are a set that determines the nature of international law, its goals and principles and in general its main content. The norms of jus cogens include the principles and norms of international law prohibiting aggression, war crimes, crimes against humanity, the crime of genocide and other international crimes. These crimes are of concern to the entire international community and oblige states to counter these horrific phenomena. Ensuring mandatory norms in the field of combating international crime requires the introduction of an effective international legal mechanism, an important element of which are the relevant international courts. In case of violation of imperative norms, there are universal legal relations of responsibility. The point is that not only the directly affected state, but also any other state has the right to raise the issue of the offender’s liability, in particular in the case of international crimes. This is similar to the Roman rule «actio popularis», according to which every member of society had a legal right to protect public interests. With this in mind, jus cogens and erga omnes are at the heart of the legal framework of international criminal courts and are an important area of research in international criminal law.\u0000\u0000Key words: jus cogens norms, erga omnes obligations, international crimes, international criminal court.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"62 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131048146","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
Peculiarities of responsibility to arbitrators of international commercial arbitration 国际商事仲裁仲裁员责任的特殊性
Legal Ukraine Pub Date : 2019-12-19 DOI: 10.37749/2308-9636-2020-1(205)-4
{"title":"Peculiarities of responsibility to arbitrators of international commercial arbitration","authors":"","doi":"10.37749/2308-9636-2020-1(205)-4","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-1(205)-4","url":null,"abstract":"The article explores the problems of arraignment of arbitrators, while analyzing both the legal framework for international commercial arbitration of foreign countries and the existing arbitration practice. In particular, it is emphasized that the arraignment of arbitrators is quite problematic, as there are significant omissions and gaps in the domestic arbitration laws of several states, which avoids the liability of unfair arbitrators. However, given that international commercial arbitration is a non-governmental institution, built on the principle of autonomy of the will of the parties, which allows the parties to influence positively the arbitration (by determining the right on the basis of which the dispute, languages and places of arbitration will be settled and the quantitative composition of arbitration, etc.), in this case, the role of ethical rules is growing significantly. Accordingly, unscrupulous arbitrators cannot further claim to be involved in arbitration proceedings, as they fall into the so-called «black list of arbitrators» and the parties refuse to provide their services.\u0000This «public disclosure» method can be viewed to some extent as a means of preventing arbitrators. From a practical point of view, we consider it justified to include in the regulations of international commercial arbitration tribunals the provisions on the application of sanctions for violation of the parties' consideration of their obligations.\u0000If the arbitrator makes a deliberately wrong decision, it is advisable to provide for the following sanctions: withdrawal (in particular, the grounds for dismissal should be: financial dependence, subordination and other professional relations of the arbitrator with one party; the same nationality of the arbitrator and one or both parties; or opinion; court precedents); suspension of activity, prohibition on occupation of certain positions, liability for damages, administrative and criminal liability.\u0000Key words: arbitration, international commercial arbitration, arbitrator, responsibility of arbitrators, sanctions in international commercial arbitration.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126498673","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
Use of international criminal groups by the internet and social networks in illegal activities 国际犯罪集团利用互联网和社交网络进行非法活动
Legal Ukraine Pub Date : 2019-12-19 DOI: 10.37749/2308-9636-2020-1(205)-3
{"title":"Use of international criminal groups by the internet and social networks in illegal activities","authors":"","doi":"10.37749/2308-9636-2020-1(205)-3","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-1(205)-3","url":null,"abstract":"The article explores: criminological characteristics of crimes related to the use of social networks. The basic motive that drives a person to spend a considerable amount of time on the Internet is based on the physical and psychological dependence that develops as a result of getting used to certain external factors. The specificity of types of crimes in social networks was analyzed, and a number of current issues related to the creation of a state mechanism for counteracting the destructive use of social networks by criminal elements were analyzed. In a practical aspect, the potential possibilities of using this type of information networks for the detection and detection of crimes are considered. The article is devoted to the research of problems of using social Internet - networks for prevention of crime by carrying out monitoring of criminologically relevant information and its analysis. It also concluded that the use of social internet networks to enhance the legal culture of society. The threatening tendency of spreading crime on the Internet networks is considered an urgent problem, which necessitates the speedy response to the growth of information technologies in the criminal world, with the development of social networks there is a need to create an appropriate legal framework that would regulate exactly such forms of information exchanges, which in our country does not yet exist. Due to the growing popularity of social networks in society, it is necessary to organize the presence of state bodies, scientific institutions, public organizations in this field of communication. This presence must balance virtually uncontrolled information criminal processes in social networks, as well as the available information arrays with high-quality, reliable, socially significant information. The development of the sphere of social networks necessitates the growing need for the creation of state information structures for the production of information, which would contribute to the formation of reliable perceptions of all users of social communications, including network ones, about the actual problems of social development and the true state of crime in our country.\u0000Key words: Internet, social Internet, crime, prevention, criminological information, social network, cybercrime, information space, network communications.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124061066","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
Regulation of the private employment agencies’ status as participants in relations in the field of non-standard forms of employment 规范私营职业介绍所作为非标准形式就业领域关系参与者的地位
Legal Ukraine Pub Date : 2019-12-19 DOI: 10.37749/2308-9636-2020-1(205)-5
Mytrytska Hanna
{"title":"Regulation of the private employment agencies’ status as participants in relations in the field of non-standard forms of employment","authors":"Mytrytska Hanna","doi":"10.37749/2308-9636-2020-1(205)-5","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-1(205)-5","url":null,"abstract":"The article is devoted to the study of the legal status of private employment agencies. International and European standards in the regulation of private employment agencies are analyzed. The status of private employment agencies in foreign countries as bodies that promote and secure employment of the population has been investigated. Mainly hermeneutic, statistical and functional research methods have been applied. the etiology of the emergence and revision of the traditional concept of labor relations during the collapse of the Soviet system and the beginning of the formation of market relations in the 1990s is investigated. It is established that during the first post-Soviet decade old legal norms of doing business remained; the informal economy flourished in real labor relations; the question of liberalization of labor law was raised at the beginning of the third millennium. In the economic situation, there is a growing demand for loan work. As a rule, such services are provided by representatives of multinational companies, national companies with complex organizational structure and well-established budgeting system, companies undergoing reorganization. According to expert estimates, about 100,000 people are currently employed in loan work in Ukraine, and in view of the new tax rules, this figure is expected to increase by at least half. At the same time, it is concluded that in addition to classical employment in modern Europe and in the world as a whole, there are other forms of employment, in particular its atypical form - borrowed labor (loan). Given the growing role of private employment agencies in the world, including in addressing unemployment, it is necessary to regulate much of the important conditions of borrowing that have been left out of Ukrainian law, which could adversely affect the level of protection of the rights and legitimate interests of workers. The conclusion is made about the expediency of improving the legal regulation of the status of private employment agencies and relations in the sphere of employment and in the national labor legislation of Ukraine.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121679105","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 to information activity of citizens as the source of the establishment of a new integrated communication science 以公民的信息权活动为源泉,建立了一门新的综合传播学
Legal Ukraine Pub Date : 2019-12-19 DOI: 10.37749/2308-9636-2020-1(205)-2
O. Sosnin
{"title":"The right to information activity of citizens as the source of the establishment of a new integrated communication science","authors":"O. Sosnin","doi":"10.37749/2308-9636-2020-1(205)-2","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-1(205)-2","url":null,"abstract":"The whole set of political, legal, scientific, educational and economic relations in society and the state absorbs its information and communication space. This is where all the concepts of the various sciences that study the material and virtual world are interpreted today. Political science as a social science cannot stand aside in this process. In turbulent conditions, it simultaneously differentiates and integrates the problems that make up its structural content. Activities of the authorities and their relations with civil society; political institutions, processes and systems; technologies of political activity and motivation of political behavior; political aspects of international relations and the problem of supranational power, everything is interested in political science, where today is the conceptualization of ideas of organization of global information and communication space – the spheres of generation, interpretation and consumption of information, the question of interaction of information actors in science, education, economic or political activities use a single information and communication environment.\u0000There is no doubt that the digital world we are entering is not only a new logical stage in the development of the technological sphere of humanity, but a transition of the existing political-legal and socio-political systems to a new dimension of reality. Digital technologies are already rapidly grasping the footholds for advancement in all spheres of society, and digitalization is becoming a trend in modern development, however, it will require ever more in-depth work to develop ever more effective ways of legal regulation of various information and communication relations, as well as effective organizational and legal support for informatization of the state. The complexity of this area is due to the fact that virtually all social and industrial relations have an information component, and therefore the information and legal nature are all norms of interaction in different sectors and spheres of citizens. For example, relationships that arise: in the production and dissemination of information by the media; when applying the organizational and legal mechanisms of its security; at creation and functioning of the state automated information and communication systems. Legal regulation of information relations and social production activities in the information and communication sphere (infosphere), one way or another, affect the organization of all political institutes and processes engaged in the process of creating all targeted programs to improve national, state and personal security of citizens of any country, normatively – legal acts, including laws on relations, which represent the subject of a new field of law integrated with the technical sciences – information law, which practically emerged 20–25 years .\u0000Both political science and jurisprudence are still amorphous enough and are not actively defining the scope of their","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"145 39","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134505130","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
Self-government of territorial communities and the Constitution — the search for consensus or a conceptual revolution? 领土社区自治和宪法——寻求共识还是观念革命?
Legal Ukraine Pub Date : 2019-12-19 DOI: 10.37749/2308-9636-2020-1(205)-6
{"title":"Self-government of territorial communities and the Constitution — the search for consensus or a conceptual revolution?","authors":"","doi":"10.37749/2308-9636-2020-1(205)-6","DOIUrl":"https://doi.org/10.37749/2308-9636-2020-1(205)-6","url":null,"abstract":"The state begins a public discussion of amendments to the Constitution of Ukraine regarding decentralization of power. \u0000It is assumed that the system of local self-government and a new territorial organization of power will be consolidated, as well as the decentralization of power. The principles that are laid down in the text of the European Charter of Local Self-Government will also be introduced. These principles are basic for the implementation of an appropriate level of management and development of local self-government. \u0000Inadequate reproduction of the principles of the European Charter of Local Self-Government leads to the dependence of the institutions of local self-government, «second-rate» territorial communities and the declarative nature of municipal authorities, the growth of its dependence and accountability to public authorities. \u0000The existing legislative base of local self-government in Ukraine and the projects that were implemented in the field of formation and development of territorial communities are fragmented. \u0000Relevant is a comprehensive solution to the main problem of the organization and functioning of local self-government in modern Ukraine.\u0000Such is the creation of constitutional legal conditions for the formation of territorial communities as primary subjects of local self-government, the main carriers of its functions and powers. \u0000Different countries apply different management systems at the local level (within the respective administrative-territorial units), the choice of which is influenced by such factors as: state regime, form of government, different approach to understanding the essence and nature of state power, and delimitation of administrative-territorial units into «natural» and «artificial», national and historical features and traditions, and the like.\u0000Conclusion: the generally proposed position on replacing the term «territorial community» with «residents of the municipality», especially from the point of view of increasing the subjectivity of local authorities, should be considered an attempt at a conceptual upheaval of the constitutional legal understanding of the essence of local self-government in Ukraine.\u0000Key words: self-government of territorial communities, decentralization, local self-government, the Constitution.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125636542","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
Reforming administrative justice in Ukraine at the present stage 现阶段乌克兰行政司法改革
Legal Ukraine Pub Date : 1900-01-01 DOI: 10.37749/2308-9636-2019-11(203)-1
Sergiy Stogun
{"title":"Reforming administrative justice in Ukraine at the present stage","authors":"Sergiy Stogun","doi":"10.37749/2308-9636-2019-11(203)-1","DOIUrl":"https://doi.org/10.37749/2308-9636-2019-11(203)-1","url":null,"abstract":"The article considers an important problem – the creation of an autonomous system of administrative courts as a means and an opportunity to unload local general courts by refusing to consider administrative cases in these courts. The role and place of each judicial link in the system of administrative legal proceedings is determined. The main issue is to regulate the effectiveness of the lawsuit. The problem of the effectiveness of the lawsuit has been repeatedly considered in the works of Ukrainian scientists, but the effectiveness parameters are still not clearly defined. The issue of judicial jurisdictions (administrative, economic and general) is also subject to justification and a clearer delineation. The practice of consideration by general district courts of administrative cases or the so-called public law disputes raises many questions. That is, we are talking about the functioning of common courts of the first link at the same time as criminal, civil and administrative. The author makes a proposal to establish on the basis of district administrative courts in each regional center of appeal. At the same time, the local courts should be the newly created inter-district courts, the jurisdiction of which should extend to at least 3 adjacent regions. The article argues the feasibility of reforming the Supreme Court as a cassation instance. The proposal of the parliamentarians to reduce the Supreme Court by 100 judicial units before a real reform of administrative proceedings will not result. We do not see what the composition of the Cassation Administrative Court will be, what its procedural powers will be, and the like. However, by signing an association agreement with the EU, Ukraine has committed itself to adapt its legislation to the level of European standards, including in terms of legislation on the judicial system, legal proceedings and the status of judges. And above all, this concerns compliance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the independence and impartiality of the court.","PeriodicalId":171899,"journal":{"name":"Legal Ukraine","volume":"21 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":"127814016","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
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