Theory and practice of jurisprudence最新文献

{"title":"Regulatory Recognition of Commercial Space Flights","authors":"Daria Bulgakova","doi":"10.21564/2225-6555.2023.2.293059","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.2.293059","url":null,"abstract":"The author of the research article raises current legal issues regarding the regulatory challenges associated with the commercialization of outer space, with a particular focus on space tourism. The study aims to solve the legal dilemma of the lack of a legal framework that would define commercial spaceflight because this problem creates ambiguity in the understanding of the phenomenon of space tourism and raises concerns about the regulatory way of space exploration by private companies. The methods of analysis consist of the benefit of theoretical aspects of international space law for the designation of a mutual understanding between commercial interests and the principles of space exploration. The obtained results of the study lead to the conclusion that the main factor that inhibits the implementation of proper legal regulation of commercial space activity is uncertainty in the application of one or another law to regulate flights with space tourists, which, in the opinion of the author, should be eliminated employing regulatory direction on the proper legal regime, a clear definition of the boundary between outer space and air space, the weight of the norms of international law as opposed to the applications of states regarding the expediency of the norms of national law. The author's solution is the initiative for the governance of the unsettling areas through contractual arrangements. This idea is due to the results of the study about the predictability of the potential loss of relevance of international space law for the regulation of commercial space flights, therefore the auxiliary role of contract law is delivered. For its implementation, the author emphasizes the prospect of maintaining a regulatory course on (i) management of property rights, (ii) management of space resources in the direction of prohibition of appropriation and commercial colonization of celestial bodies; (iii) provisions for liability in the event of flight anomalies, safe rescue accidents, and the return of space tourists.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139142929","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":"Mechanisms of Citizen Participation іn Public Administration: Experience of Foreign Countries","authors":"Daria Muslimova","doi":"10.21564/2225-6555.2023.2.293062","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.2.293062","url":null,"abstract":"Considering Ukraine's aspiration to become a full member of the European Union and participate on equal terms with other European states in defining global policies and goals for the future, the effective functioning of public participation mechanisms in governance is not only a goal for Ukraine, but also a requirement of the EU. In this sense, it is appropriate to investigate the peculiarities of the functioning of the mechanisms of citizen participation in public administration in different states, evaluating their experience and taking into account the principles and ideas that can be useful in reforming the Ukrainian legal system in this direction. The purpose of the article. Analysis of foreign experience of regulatory and practical support for the functioning of mechanisms of citizen participation in public administration, determination of advantages and disadvantages of various models of setting up government-public communications, as well as an outline of prospects for the development of mechanisms of public participation in state administration in Ukraine. Methods of analysis. The research uses general scientific and special methods of scientific knowledge. The purpose and tasks of the research include analysis and synthesis of information, comparison of foreign approaches to understanding public participation and its mechanisms, as well as formulation of the author's conclusions on specific issues, recommendations for theoretical and practical use. The results. The theoretical and practical aspects of ensuring the effectiveness of citizens' participation in public administration are analyzed. The standards in this area, the best foreign approaches and practices, and promising directions for the development of participatory democracy in Ukraine are outlined. Prospects for further research. The findings contained in this study can be applied during the improvement of national legislation and the implementation of regulatory provisions on effective public influence on public administration. In the future, it would be appropriate to pay attention to the peculiarities of ensuring the functioning of the mechanisms of citizen participation in the management of state affairs in other countries, in particular in Asian countries, Canada, the USA, etc.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":" 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139144003","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":"Mediation in Administrative Law Proceeding: Comparative Legal Analysis of the Legislation of the Federal Republic of Germany and Ukraine","authors":"Dmytro Luchenko, Diana Kostina","doi":"10.21564/2225-6555.2023.2.293046","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.2.293046","url":null,"abstract":"The article highlights the content of mediation as an alternative method of administrative law dispute resolution through the prism of analysis of the relevant legislation. The relevance of this topic is primarily associated with the problems of resolution of administrative law disputes by the means of litigation. Therefore, mediation appears as a way to find a compromise for both parties, which can be achieved with the help of a mediator whose purpose is to resolve a conflict situation and assist in making a decision which would satisfy the interests of both parties. The purpose of this article is to study mediation as a method of alternative dispute resolution in the administrative process in its broadest sense, i.e., including administrative procedure and administrative proceedings, based on the comparative legal analysis of Ukrainian and German legislation. To achieve this goal and solve the tasks stipulated by it, the following scientific methods were used: systematic, formal legal, comparative legal, analysis and synthesis, and generalisation methods. The article examines the legislation on mediation: domestic and German. It is established that in the legislation and practice of European countries, mediation has been used for a rather long period of time in the resolution of administrative law disputes. Such a widespread use of mediation in administrative law issues is associated with Recommendation (2001) 9 of the Committee of Ministers of the Council of Europe to member States on alternatives to litigation between administrative authorities and private parties, dated 5 September 2001, which emphasises that the use of alternative means of settling administrative disputes makes it possible to resolve these problems and bring the administrative authority closer to the public. The author substantiates the relevance of legal regulation of mediation as a means of resolving administrative law disputes in Ukraine.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139142590","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":"Problematic Issues of Competition in the Outdoor Advertising Market","authors":"Rehina Vaksman","doi":"10.21564/2225-6555.2023.2.293042","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.2.293042","url":null,"abstract":"The article analyzes problematic issues related to competition and the legal regulation of the outdoor advertising market. This form of advertising remains effective in promoting goods and services, despite the rapid development of new technologies and the widespread popularity of the Internet. Outdoor advertising is one of the most heavily regulated types of advertising, with the current laws outlining several requirements and the necessity of obtaining a placement permit. However, the legislation governing the placement of outdoor advertising is not perfect. Some issues are controversial, and others are not addressed by the legislation at all. Since many matters concerning outdoor advertising placement are left to the discretion of local self-government bodies, there is a risk of creating additional barriers to market entry and negatively impacting competition in the market. Therefore, there is a need to analyze the problematic issues in the outdoor advertising market and find solutions. Based on the conducted research, the author proposes amendments to the current legislation to enhance competition in the placement of outdoor advertising.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139143114","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":"Basic Conditions for Application of Necessity as a Circumstance that Precludes Bringing to International Legal Responsibility","authors":"Yuri Shchokin","doi":"10.21564/2225-6555.2023.2.293068","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.2.293068","url":null,"abstract":"The article examines a situation of necessity as a circumstance that precludes bringing to international legal responsibility. The relevance of the article is due, on the one hand, to the growing crises in modern international relations, and on the other hand, the lack of comprehensive studies of necessity in the Ukrainian science of international law. The purpose of the article is to determine the specifics of the international legal grounds for states and international intergovernmental organizations to apply to the state of necessity, as circumstance that precludes bringing to international legal responsibility. The article uses general philosophical, general scientific, special scientific and legal methods of research, in particular: dialectical, formal-logical, analysis and synthesis, comparative-legal, and logical-legal. The article analyzes Art. 25 of the draft articles on the responsibility of states for internationally wrongful acts prepared by the UN International Law Commission and submitted to the UN General Assembly in 2001 (UNGA resolution 56/83 (A/RES/56/83) of December 12, 2001). The relevant practice of a number of international courts and arbitrations was analyzed, in particular: the International Court of Justice, the International Center for the Settlement of Investment Disputes, the International Tribunal for the Law of the Sea. The main conditions for the lawful use of necessity are identified, and a forecast of the areas of its further application is given.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"6 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139148124","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":"E-justice in Administrative Process: European Standards and Foreign Experience","authors":"Kristina Piatyhora","doi":"10.21564/2225-6555.2023.2.293064","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.2.293064","url":null,"abstract":"One of the key aspects of the development of electronic administrative justice in Ukraine is its compliance with European standards, which define important principles, methods, and recommendations aimed at ensuring the efficiency, accessibility, and quality of judicial activities in a digital environment. That is why the purpose of this article is to analyze European standards and foreign experience in the field of electronic administrative justice and the possibility of their implementation in national legislation. The conduct of this research is extremely important and relevant, as it will help to adapt the Ukrainian judicial system to international standards and norms. The methodological basis of the research is a set of general scientific and special methods of cognition, namely the methods of dialectics, comparative law, system-structural, formal-logical, etc. As a result of the analysis, it was concluded that significant attention should be paid to the protection of personal data, confidentiality, information security, as well as ensuring access to justice, impartiality, independence of judges, and justice. The article also highlights the experience of implementing information and telecommunications technologies in the system of administrative justice in such European Union member states as Estonia, Lithuania, and Austria, as well as Korea and China. It is noted that in these countries, electronic justice has become an important part of justice, and in view of this, the key aspects of their experience that can be useful for Ukraine are revealed. In addition, a comparative analysis of foreign and domestic experience in the functioning of electronic justice was carried out and the main reasons that slow down its development in Ukraine were identified. It has been proven that the involvement of advanced experience and best practices of foreign countries will significantly contribute to the successful implementation of electronic administrative justice in Ukraine. At the same time, it is important to take into account the unique context, capabilities, and needs of the national judicial system.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"40 S184","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139146609","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":"Judicial Control over Executive Proceedings During Foreclosure on the Debtor's Property Held by other Persons","authors":"Kostiantyn Gusarov","doi":"10.21564/2225-6555.2023.23.280937","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.23.280937","url":null,"abstract":"The article deals with the peculiarities of judicial control over the executive proceedings in economic proceedings during the foreclosure on property the debtor's property held by other persons. The attention is drawn to the execution of the specified actions in relation to property held by state-owned enterprises during martial law. Possible options for the implementation of judicial control in this area are considered, and attention is drawn to the peculiarities of departmental control over the implementation of executive actions during martial law. The circle of appropriate persons entitled to apply to the court with the relevant procedural document is analyzed. Depending on the nature of the economic legal personality of a legal entity, the issues of appropriateness of intervention in its activities for the purpose of compulsory debt collection by a private or state executor is considered. Due attention is also paid to the analysis of the conditions of the foreclosure on property the debtor's funds belonging to other persons. With this in mind, the indisputability of the debt is analyzed as a mandatory condition for foreclosure, as well as additional conditions for refusing to grant the lawsuit for the foreclosure on property on the above-mentioned funds. The study of judicial practice materials made it possible to ascertain the presence of other cases, except those specified in Part 2 of Article 336 of the Economical Procedure Code of Ukraine, in which the court refuses to grant the lawsuit. The analysis of the economic-procedural legal personality of the enterprise of the state when applying the foreclosure procedure on the debtor's funds, which should be in the said enterprise as accounts payable, was not left out of consideration.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"102 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139154092","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":"Europeanization of the composition of administrative offenses in the field of intellectual property rights","authors":"Maria O. Pasat, Yaroslava S. Ryabchenko","doi":"10.21564/2225-6555.2023.23.278008","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.23.278008","url":null,"abstract":"Актуальность темы статьи обусловлена ​​тем, что Украина стала кандидатом на членство в Европейском Союзе, что обуславливает необходимость законодательного регулирования сферы прав на объекты интеллектуальной собственности и экспертизы соответствующих административных правонарушений с учетом международных аспектов. Статья посвящена изучению объективной и субъективной сторон состава административных правонарушений в сфере интеллектуальных прав. В статье анализируется правовое регулирование нарушения прав интеллектуальной собственности и классификация административных правонарушений в этой сфере. Different methods of research analysis were chosen, namely methods of scientific knowledge, which are systematic and complex in nature. Thus, the historical-legal method was used to study the Europeanization of administrative legislation regarding administrative responsibility in the field of intellectual property rights; the system-structural method was applied during the study of international legal means for improving administrative legislation regarding administrative responsibility in the field of intellectual property rights; the logical-legal method was employed when investigating the composition of administrative offenses related to intellectual property rights; the method of legal modeling helped to formulate specific proposals on ways to improve administrative legislation regarding administrative responsibility in the field of intellectual property rights. Special attention is paid to the objective and subjective aspects of the composition of administrative offenses, as well as to the analysis of court practice on intellectual property rights. Peculiarities of appeals to state authorities for the protection of intellectual property rights were studied, and recommendations were offered to improve the legislation on administrative offenses in this area. Prospects for further research include clarifying the classification of administrative offenses and making changes to legislation that better reflect the specifics of offenses in this area; taking into account the individual characteristics of offenders when addressing issues of responsibility, in particular the degree of consciousness, motivation, and the possibility of preventing similar offenses in the future; strengthening the responsibility of state authorities to ensure effective protection of intellectual property rights, particularly through cooperation with international organizations and coordination of approaches to resolving cases involving administrative offenses; development and implementation of methodological recommendations for judges who consider cases of administrative offenses in the field of intellectual property rights, with the aim of unifying approaches and improving the quality of judicial proceedings; development of an effective system for the protection of intellectual property rights and the reinforcement of necessary mechanisms for their protection, drawing on the in","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139154677","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":"Public Participation: International Standards аnd Perspectives for Ukraine","authors":"D. Yaitska","doi":"10.21564/2225-6555.2023.23.282101","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.23.282101","url":null,"abstract":"Topicality. In Ukraine, there are still no scientific works, the subject of which would be the basic principles of public participation, the issue of its legislative support and the adjustment of the work of its mechanisms, as well as the tools of such participation. Even less researched is the direction related to the online participation of citizens in the management of state affairs. In the conditions of martial law and the post-war reconstruction of Ukraine, the study of international standards and foreign experience in ensuring the effective participation of citizens in public administration and the borrowing of proven successful experience, taking into account the specifics of the legal system of our state and the peculiarities of the sphere of public administration, is relevant and provides prospects for the development of participatory democracy in Ukraine. The purpose of the article. Analysis of the experience of experts from different countries of the world in ensuring citizen participation in public administration, determining the advantages and disadvantages of various models of setting up government-public communications, as well as outlining domestic prospects for the development of public participation in administration in Ukraine. Research methods. The research uses general scientific and special methods of scientific knowledge. The purpose and tasks of the research include analysis and synthesis of information, comparison of foreign approaches to understanding public participation and its mechanisms, description of international standards in this area, as well as formulation of author's conclusions on specific issues, recommendations for theoretical and practical use. Results. The theoretical and practical aspects of ensuring the effectiveness of citizens' participation in public administration are analyzed. International standards in this area, the best foreign approaches and practices, and promising directions for the development of participatory democracy in Ukraine are outlined. The significance of the results. The findings contained in this study can be applied during the improvement of the national legislation on the participation of citizens in the management of state affairs and the implementation of legal provisions on effective public influence on public administration.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"64 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139153604","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":"Ensuring National Security in the Process of Implementing Forms of Direct Democracy at the Local Level","authors":"Oleksii Lialiuk, Serhii Derevianko, Saida Mustafaieva","doi":"10.21564/2225-6555.2023.23.275766","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.23.275766","url":null,"abstract":"The relevance of the work is determined by the existing threats to national security, which have been exacerbated by the full-scale military invasion of Ukraine by the Russian Federation, as well as by the processes of European integration of Ukraine. The authors set out to study the issues of ensuring Ukraine's national security in the process of implementing various forms of direct democracy at the local level. To achieve this goal, the article uses the analysis of written sources, logical analysis, synthesis, induction, deduction and description. The article examines the place of foreigners in public life at the local level in terms of the right to participate in local elections, local referendums, general meetings, as well as local initiatives and public hearings. The authors analyze the risks to national security in case of granting foreigners voting rights at the local level, as well as the right to participate in the referendum. The article analyzes the legal regulation of foreigners' participation in direct forms of democracy not only under Ukrainian law, but also under the laws of the United States of America, Ireland, Sweden, Denmark, Norway, Finland, the Netherlands, Estonia, Slovakia, Lithuania, the Czech Republic, Poland, Hungary, and the European Union acquis. The authors formulate various options (methods) for ensuring national security in the process of realizing the right of foreigners to participate in various forms of direct democracy. Further research is promising and necessary for choosing the best option for legal regulation.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"92 S1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139154360","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}