Journal of the National Academy of Legal Sciences of Ukraine最新文献

{"title":"Ukrainian Social Welfare System Development in the Context of European Integration","authors":"K. Gnatenko, N. Vapnyarchuk, Irina A. Vetukhova, Galina O. Yakovleva, A. Sydorenko","doi":"10.37635/JNALSU.27(4).2020.242-254","DOIUrl":"https://doi.org/10.37635/JNALSU.27(4).2020.242-254","url":null,"abstract":"","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46598760","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 Quran in Shia Jurisprudence","authors":"Dmytro Lukianov, H. Ponomarova, A. Tahiiev","doi":"10.37635/JNALSU.27(4).2020.29-42","DOIUrl":"https://doi.org/10.37635/JNALSU.27(4).2020.29-42","url":null,"abstract":"","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42891565","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":"European Convention on Human Rights as the Minimum International Standard for National Legislation on Special Services: a Comparative Aspect","authors":"V. Proshchaiev","doi":"10.37635/JNALSU.27(4).2020.66-83","DOIUrl":"https://doi.org/10.37635/JNALSU.27(4).2020.66-83","url":null,"abstract":"","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48277394","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 administration in the education system: Theoretical and methodological approaches and practical recommendations","authors":"T. Sych, Olena M. Kryvtsova, N. Kaduk, M. Nesprava, G. Panchenko","doi":"10.13189/ujer.2020.082421","DOIUrl":"https://doi.org/10.13189/ujer.2020.082421","url":null,"abstract":"The analysis of the prospects for improving the efficiency of public administration in education is conducted in the article. First of all, the concept of “public administration” was analyzed, its differences and similarities with the concept of public governance were determined. It was decided to determine the perspective of the study of public administration processes by the educational process, taking into account its orientation to public needs and a human-centered approach. The concept of public administration is theoretically designated as a set of processes for managing public systems in order to ensure the goals of sustainable development through the implementation of the functions of organization, execution, order and control. These functions are schematically presented and described in the article. To continue the analysis, trends in the development of the education system in Ukraine and abroad were identified. The problematic aspects have been analysed and prospects for their correction have been identified. Having analyzed, it was determined that the basic processes that require improvement in the public administration system in education are organizational, financial, reputation, and digitalization processes. An algorithm was developed to increase the implementation of the processes of public administration of educational processes, taking into account the basic requirements of society for the education system","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41360227","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":"Certain aspects of the system of public administration of universities: World practices and the Ukrainian dimension","authors":"O. Nepomnyashchyy, O. Marusheva, Yu.H. Prav, O. Medvedchuk, I. Lahunova","doi":"10.13189/ujer.2020.082411","DOIUrl":"https://doi.org/10.13189/ujer.2020.082411","url":null,"abstract":"The article deals with determining ways to improve the system of public administration of educational institutions in order to ensure competitiveness. Were analysed the main trends in the regulatory support for the activities of higher education institutions in the article, as a result of which the basic innovations of the Law of Ukraine “On Higher Education”, which became the basis for the formation of systems of academic mobility, virtue and autonomy, were defined. The main problems of development of higher education system in Ukraine were identified, consisting of imperfect management mechanisms, inefficient system of financing and incomplete implementation of processes of academic autonomy defined by law. The main approaches to reforming the higher education system in Ukraine were analysed, as a result of which the role of the public administration system in the regulation and coordination of higher education institutions were determined. Today this system is not flexible and therefore cannot be effective. The creation of approaches to the rating of higher education institutions determines the format of redistribution of funds in the system of state financing of education. This system will motivate educational institutions to improve the quality of the educational process, research activities, academic mobility, partnerships, the level of material and technical resources of the educational process, the level of employment of graduates in the specialty and the like. These indicators provide motivation to improve the performance of higher education institutions, but do not fully solve the problem of lack of funding, in particular for innovation. Low pay for faculty members also affects the educational process negatively. Thus, the article gives recommendations on the possibility of increasing the effectiveness of the system of state management of universities, which consists in creating opportunities to attract financial resources of partners of higher educational institutions, cooperation of education and business, simplification of the system of development of grants and financial cooperation with foreign educational institutions","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41610498","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":"Phytosanitary examination: Ukraine experience and international standards","authors":"Andrii Dukhnevych, N. Karpinska, I. Novosad","doi":"10.37506/MLU.V20I4.1765","DOIUrl":"https://doi.org/10.37506/MLU.V20I4.1765","url":null,"abstract":"The article explores Ukraine’s experience in conducting phytosanitary expertise based on international standards. It was stated that Ukraine should develop a series of draft in national legislation in the field of quarantine and plant protection, which would be adapted to the legislation of the European Union and at the same time meet the requirements of the International Plant Protection Convention. In this area, Ukraine has already partially implemented some structural reforms in the phytosanitary sector, but these processes require continued state support and encouragement, international coordination that will facilitate the development of agriculture in general. Such coordination can be undertaken primarily in the framework of international universal organisations within the UN system, in particular within FAO. It has been emphasised that Law of Ukraine No. 2501-VIII “On Amendments to Certain Legislative Acts of Ukraine on Regulation of Some Phytosanitary Procedures” came into force on February 2, 2019. Among the innovations are the granting of the right to carry out expert examination to private laboratories, new terms in the field of plant quarantine and the creation of the Register of Phytosanitary Certificates issued. It has been concluded that Ukraine is currently actively applying international standards, participating in their development and registering official translations of international standards for phytosanitary measures. Developing national and applying international standards, as a key factor in creating a quality system in the field of plant quarantine, not only ensure full fulfilment by Ukraine of its obligations under the IPPC and SPS, agreeing on the phytosanitary safety of exported quarantine cargoes, but also increase the competitiveness of the domestic vegetal products in the world market. This creates a positive image of Ukraine as a reliable trading partner that does not violate the requirements of other countries and guarantees the conformity of product quality, phytosanitary procedures to internationally recognised standards. Therefore, for qualified phytosanitary examinations, the mechanism of guaranteeing compliance with national and international standards, amending legislation, introducing effective penalties for violation of the rules and procedure for conducting phytosanitary examinations should be a promising area","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41486454","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":"Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice","authors":"V. Urkevych","doi":"10.37635/JNALSU.27(3).2020.48-62","DOIUrl":"https://doi.org/10.37635/JNALSU.27(3).2020.48-62","url":null,"abstract":"Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of \"less protected\" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of \"tacit consent\"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42764618","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":"Theoretic and Practical Aspects of Protection of the Right of Ownership in the Hereditary Relations","authors":"I. Dzera","doi":"10.31359/1993-0909-2020-27-3-115","DOIUrl":"https://doi.org/10.31359/1993-0909-2020-27-3-115","url":null,"abstract":"The relevance of the subject matter lies in the fact that inheritance is one of the most common grounds for acquiring property by individuals. Considering the fact that the heirs are often relatives of the testator, to avoid disputes between them, the law should contain an effective mechanism for resolving relations between heirs over the redistribution of inheritance or change of the order of inheritance, and a mechanism to protect the rights and interests of heirs in case of disputes. The purpose of this study is to identify gaps and inconsistencies in civil legislation and case law in the study of the main ways to protect the rights of heirs in hereditary relations, and ways to resolve them. It is noted that in the presence of disputes between the heirs, it is not the protection of property rights that is carried out, because the heirs have not yet acquired the right of ownership, but the protection of the right to inheritance, according to which they will be able to acquire ownership of the inherited property. There is a lack of a particular list of ways to protect the rights of heirs in the legislation of Ukraine, which has a negative impact on judicial practice, as they often use inappropriate methods of protection. The study analyses the case law of hereditary disputes and identifies the main mistakes that courts make in resolving such cases. Particular attention is focused on the study of such methods of protection as the recognition of the certificate of inheritance as invalid, the hereditary recognition of the property that belonged to the deceased, but was not part of the inheritance. The study investigates the moment of ownership of the hereditary property of the heirs and a critical analysis of the provisions of Article 1268 of the Civil Code, which determine the moment from which the inheritance belongs to the heir – namely from the moment of opening the inheritance. There is a conflict between the rules of Article 1268 and Article 3 of the Law of Ukraine \"On state registration of real rights to immovable property and their encumbrances\" in terms of establishing the moment of ownership of immovable property by inheritance","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46535420","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":"Pro-Subjective Enterprise Concept","authors":"N. Kuznetsova, V. Khomenko","doi":"10.37635/JNALSU.27(3).2020.14-27","DOIUrl":"https://doi.org/10.37635/JNALSU.27(3).2020.14-27","url":null,"abstract":"The article is devoted to the enterprise concept theoretical framework development, which is objectified in both Civil and Economic codes of Ukraine. Thus, named concepts are fundamentally different. In particular, Civil Code of Ukraine recognises enterprise as an object. In the same time Economic code gives a birth to prosubjective enterprise concept. Nevertheless, both legal acts are aimed to regulate economical relationships, which results to doctrinal and practical needs to identify the optimal approach of understanding the nature of enterprise under the current legislation of Ukraine. In order to identify the place of the enterprise in the system of subjects of economic relations, the relevant concept is compared with other subjects of the economic relations (business entity; business organization) and with the intersectoral participant of business relations – a legal entity. Based on the analysis of these concepts, the Authors claimed a non-systematic approach to concept defining under the Economic Code of Ukraine and other shortcomings of legislative techniques in the definition of the enterprise under named act, which resulted in the absence of a clearly constructed system of subjects of economic law. Thus, the establishment of the place of the enterprise in the relevant system seems impractical","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47635409","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":"Dispute Settlement Mechanisms Provided by the Association Agreements Concluded By the European Union with Third Countries","authors":"K. Smyrnova","doi":"10.37635/JNALSU.27(3).2020.63-79","DOIUrl":"https://doi.org/10.37635/JNALSU.27(3).2020.63-79","url":null,"abstract":"International dispute settlement and international relations both have a long history. All EU association agreements have appropriate dispute settlement mechanisms, which differ to some extent. The main task of this study is to determine the international legal mechanisms for resolving disputes included in the Association Agreement between the EU and Ukraine. Furthermore, the purpose of the study becomes especially relevant in the context of the process of resolving the Ukraine-EU trade dispute on national restrictions on timber exports, which is the first dispute in Ukrainian practice. A comparison of the various treaty principles of EU cooperation with third countries suggests that the highest level of protection of individuals through the functioning of the dispute settlement mechanism is described by association agreements, and some of them even resemble an \"arbitration clause\". It was found that the criteria of comparative analysis were the types of dispute resolution mechanisms, consultation procedures and arbitration procedure, mediation procedure and rules of procedure. According to these criteria, it was found that the association agreements contain almost identical provisions on consultation procedures and arbitration, with the exception of some agreements where arbitration is presented on a narrower scale. The provisions on mediation procedures in the submitted agreements are almost identical to the Code of Conduct for Arbitrators and the Rules of Procedure, which serve as template documents duplicated in the various agreements. The association agreements between the EU and Ukraine, Georgia, and Moldova are analysed in detail, and common and distinctive features are described. Differences in the details of dispute settlement mechanisms may indicate that the parties have concerns about the likelihood and intensity of disputes. The Association Agreement between Ukraine and the EU for the settlement of disputes makes provision for the use of various methods: consultations, arbitration, the establishment of an arbitration panel. Particular attention is paid to the analysis of the first case of a trade dispute, which is resolved with the use of the arbitration procedure under the Association Agreement with Ukraine on the export of raw wood","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44421043","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}