Analìtično-porìvnâlʹne pravoznavstvo最新文献

{"title":"Alignment of national criminal legislation with European Union standards through the lens of the association agreement","authors":"V. Ursu","doi":"10.24144/2788-6018.2023.04.67","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.67","url":null,"abstract":"As a country aspiring to join the European Union, Moldova has been working towards the harmonization of its criminal justice standards and laws with those of the EU.This involves aligning its legal framework with the EU acquis communautaire, which is the body of EU law that all member states must comply with. One of the main objectives of this harmonization process is to improve the efficiency and effectiveness of the Moldovan criminal justice system, as well as to enhance its capacity to fight against cross-border crime and other forms of transnational organized crime. To achieve this, Moldova has implemented a number of reforms aimed at improving its criminal justice institutions and processes, including the adoption of new laws and regulations that are in line with EU standards and practices.In addition, Moldova has also established closer cooperation with other EU countries, both through bilateral agreements and through its participation in EU-wide initiatives such as Eurojust and the European Public Prosecutor’s Office. This cooperation allows for the exchange of information and best practices between Moldova and the EU, as well the coordination of efforts to combat cross-border crime and other forms of transnational organized crime.The path traveled by the states of Central and Eastern Europe in the last decade demonstrates that European integration cannot be considered only as a priority ofthe country’s foreign policy, as was declared by the Government of the Republic of Moldova until recently. Since independence, conditions have been created in the Republic of Moldova that allow a new approach to the European integration process, and the course towards joining the European Union has become a priority state policy that is consistently promoted internally and externally.The adoption of such a new approach is all the more important, as the expansion of the European Union has taken on an unprecedented scale and it is the first time that the accession of new members directly targets the interests of the Republic of Modova.Overall, the harmonization of criminal justice standards and legislation in Moldova is an ongoing process that will require continued effort and cooperation between Moldova and the EU.The article is dedicated to the analysis of the cooperation of the Republic of Moldova with the European Union through the prism of the provisions of the Association Agreement, implicitly, by connecting its national legislation to the requirements stipulated in the legal acts of the EU, this being achieved by implementing the provisions of Directives, Regulations, Decisions of the EU and of the CoE.In the Association Agreement, in particular, in its annexes, a list of concrete legal acts of the EU and the deadline for their implementation established for the Republic of Moldova is included. This denotes the fact that Moldova is obliged not only to harmonize its relevant legislation with these legal acts, but also to implement it and ensure its c","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913453","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":"Problem issues of law enforcement related to the donation of hemopoietic stem cells and other human anatomical materials","authors":"I.O. Tarasiuk","doi":"10.24144/2788-6018.2023.04.26","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.26","url":null,"abstract":"The article discusses the field of regenerative medicine and, in this connection, the legal aspects of human hematopoietic stem cell transplantation. The study of the origin of hematopoietic stem cells was carried out. It has been determined who are the subjects of legal relations in the field of transplantation of human hematopoietic stem cells. Their medical and social significance has been established. The difference between medical and legal terminology is indicated. The normative regulation of the transplantation of hematopoietic stem cells in the Civil Code of Ukraine and the new Law of Ukraine «On the application of transplantation of anatomical materials to humans» and the position of domestic scientists regarding the definition of parts of the human body, including such cells as hematopoietic ones, are analyzed. It was studied who are the subjects of transplantation services, as well as existing gaps in the legal regulation of their activities. It has been studied that the possibility of identifying certain parts of the human body is influenced by the legal regime and purpose of use, taking into account moral, ethical and religious reasons. The issue of donation by persons under the age of 14 was analyzed. Circumstances have been clarified when children with certain cognitive impairments (reduced memory, perception, mental abilities, language impairment, i.e. impairment of the normal functioning of the brain) are proposed donors. A list of persons who are expressly prohibited from extracting anatomical materials from living persons is defined. An approach is proposed, according to which it would be advisable to create special commissions that operate on a permanent basis and allow to determine the degree of emergency of the situation as flexibly and quickly as possible, depending on the circumstances of the case, as well as the circle of persons who can potentially or actually be involved as a donor, and, accordingly, provide the necessary authorization in order to save the patient’s life. The issues of cross-donation, namely the gaps in the legal regulation of such a mechanism, were investigated. The question regarding the subjectivity of the Ukrainian Bone Marrow Registry has been clarified, in particular, that it is not a state structure, but a charitable organization, therefore the search for donors goes in parallel with the search for money.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913550","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":"Do negative features of corpus delicti exist?","authors":"V.I. Markin","doi":"10.24144/2788-6018.2023.04.58","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.58","url":null,"abstract":"The article deals with the main approaches to the essence and criminal legal nature of the negative features of corpus delicti. The author finds out that representatives of the first of them use the terminological phrase “negative features of corpus delicti” in their research, indicate the absence of such features in a certain corpus delicti, and, at the same time, persistently search for their “place” within this very same corpus delicti. Representatives of the second approach try not to use this terminological phrase, and if they do, they understand them as “ordinary” features of a specific corpus delicti, the peculiarity of which is the way they are expressed using negative (denying) concepts.On the basis of a critical understanding of the specified approaches, the author concludes that from the entire set of legislative instructions, which “by tradition” are called “negative features” of corpus delicti, only a part are signs of corpus delicti. At the same time, two types of such instructions are distinguished:the first type really reflects the features of corpus delicti, which are expressed with the help of negative (denying) concepts: it goes, for example, about such features as “incapacitated parents” (feature of a special victim), “violence that is not dangerous to the life or health of the victim” (manner in corpus delicti) etc. Taking into account the arguments presented in the article, they should be called so – features of corpus delicti expressed by negative concepts; the second type of instructions reflect not the features of corpus delicti, which are expressed using negative concepts, but the local rules of criminal legal qualification provided for by the Special Part of the Criminal Code of Ukraine: “in the absence of features of state treason” (Part 6 of Article 111-1 of the Criminal Code of Ukraine), “in the absence of features of a criminal offense against property” (Part 1 of Article 222 of the Criminal Code of Ukraine), “except for the cases provided for by other articles of this Code” (Part 1 of Article 182 of the Criminal Code of Ukraine)” etc. These rules imperatively determine the “sequence” of establishing the features of a group of corpora delicti, in which one or more of such corpora delicti have priority.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913775","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":"Modern approaches to defining the concept of legal custom","authors":"M.M. Bedrii","doi":"10.24144/2788-6018.2023.04.1","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.1","url":null,"abstract":"The article is devoted to approaches to understanding the concept of legal custom existing in modern legal literature. The correlation between the variety of definitions of legal custom and the pluralism of legal understanding is noted. The positivist influence on the understanding of legal custom through the prism of its definitions is highlighted. It is proposed to classify the definitions of legal custom existing in Ukrainian jurisprudence according to the criterion of the presence of an indication of the sanctioning of the custom by the state. According to the specified criterion, they can be divided into the following groups: definitions indicating state sanctioning; those that do not contain the mentioned requirement; definitions in which state sanctioning of legal custom is considered as its optional (additional) feature.The definition of the concept of legal custom proposed in both scientific and educational literature on the theory and history of law, as well as other subjects (including in textbooks on customary law) was researched. In particular, more than twenty definitions of legal custom and customary law presented in the works of T. Andrusiak, S. Bilostotskyi, O. Ivanovska, M. Koziubra, L. Luts, O. Miroshnychenko, P. Rabinovych, O. Skakun, V. Sukhonos, O. Shevchenko, I. Usenko, O. Vasianovych, O. Yavorska, M. Zhovtobriukh and others. For comparative purposes, the article describes the approaches to understanding customary law of several foreign legal scholars (B. Benson, J. Murphy, A. Preisner) and representatives of related fields of knowledge.It has been found that some definitions of legal custom use terms close in meaning instead of state sanctioning, which, however, are not identical to this phenomenon – for example, social sanction (sanctioning by society, not the state) or state approval. Such approval should probably be understood somewhat more broadly than sanctioning (which is a type of approval), but narrower than recognition. The latter does not always imply approval, which is a positive reaction, unlike recognition, which can be both positive and neutral.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913897","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 place and importance of the Security Service of Ukraine in the implementation of the administrative and legal mechanism for ensuring the rights and freedoms of citizens","authors":"М.М. Shvaika","doi":"10.24144/2788-6018.2023.04.47","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.47","url":null,"abstract":"In the article, I will consider the essence of the rights and freedoms of a person and a citizen. The definition of the concept of “administrative-legal provision of the rights and freedoms of citizens” is provided, taking into account that this legal phenomenon should be understood as the activity of public authorities regulated by legislation, the content of which is the creation of conditions for the realization, protection and protection of citizens’ rights through legal means. The content and features of the implementation of administrative and legal means of ensuring the rights and freedoms of a person and a citizen by public authorities are disclosed.Emphasis is placed on one of the key directions of implementation of the law enforcement function of the state through ensuring the safety of people, society and the state as a whole, with the aim of achieving a state of legal protection of vital public and private interests. The important place in the system of the relevant subjects of the SSU powers of authority is emphasized. The system of this state institution is built in the form of a central management unit, a regional unit, a specialized unit, a research and educational unit, a specialized unit, and their content of activity are also characterized.The specifics of the administrative and legal status of the bodies and units of the Security Service of Ukraine were determined, and the essence of their external and internal administrative activities while guaranteeing the effective functioning of the national mechanism for ensuring human rights was revealed. With this in mind, the main functions of the SSU in the relevant field are specified, including preventive, counterintelligence, law enforcement, information and analytical, scientific and technical, national security, criminal justice, international legal, interdepartmental and partnership function function.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913899","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":"Conciliation procedures in the resolution of labour disputes","authors":"O.E. Lutsenko","doi":"10.24144/2788-6018.2023.04.35","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.35","url":null,"abstract":"It has been emphasized in the article that many employees and employers increasingly choose alternative methods of labour dispute resolution (alternative dispute resolution – ADR) – conciliation procedures, such as mediation. ADR offers a means of ensuring justice in the workplace for more workers at a lower cost and helps to “clean up” the backlog of statutory dispute resolution institutions, and thus helps public institutions to meet society’s need for labour dispute resolution more effectively.The author has drawn attention to the fact that historically, organizations responded to conflict only when it arose; they did not develop planning by conflict. However, today the situation has changed dramatically and organizations are increasingly implementing dispute resolution planning systems, which represent a systematic approach to conflict prevention, management and resolution that focuses on the cause of conflict within the organization.The author has concluded that the important features of project systems for resolving labour disputes – ADR are: 1) to help resolve labour disputes/conflicts, bringing common sense, goodwill and professionalism to the fore; 2) to provide a safe environment for expressing one’s positions, because disagreements and problems must be freely highlighted; 3) stimulate a clear and balanced decision, which should be the product of a free and constructive discussion, in which everyone has the opportunity to express their position freely and without hesitation.The author has summarized that the introduction of ADR in the organization, the resolution of internal complaints, disciplinary procedures and the implementation of the conflict management system has a number of advantages. These include: greater transparency of workplace procedures, procedural flexibility, efficiency and confidentiality that ensures party confidentiality and protects the organization’s reputation. ADR can also offer greater “sensitivity” to the needs of a particular workplace and especially its employees in highly sensitive and personal disputes, such as claims of sexual harassment, harassment, mobbing, etc. In addition, in facilitating consultative ADR processes, an agreement reached in a workplace dispute may contain a wide range of new outcomes that are not normally part of a court decision, and which may provide conflict resolution options that better suit the needs of each party.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134914004","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":"Legal consolidation of intellectual property as a component of terminology","authors":"M. Kotenko","doi":"10.24144/2788-6018.2023.04.23","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.23","url":null,"abstract":"In the work, the author determined the relevance of the topic of scientific research. It was noted that the principle of studying intellectual property as an independent legal term is determined by: first, the general methodological importance of studying and improving the concepts and categories of jurisprudence, as well as the terminology used in acts of law-making, legal interpretation and law enforcement; secondly, the existing shortcomings of its terminological consolidation in the provisions of both international law and Ukrainian legislation; thirdly, the doctrinal uncertainty of intellectual property as a component of the conceptual and categorical apparatus of legal scienceThe perspective of using the value-legal approach, which was taken as a basis for the study of intellectual property as a special value-legal phenomenon, has been proven, which will allow not only to determine the key properties of intellectual property, but also to put them in the basis of an improved conceptual definition and terminological consolidation. The state of scientific development of the subject of the article has been established. Based on the analysis of the state of the terminological consolidation of intellectual property, which is presented in the provisions of international legal acts and acts of the legislation of Ukraine, a critical assessment was given to it, and shortcomings were identified. It has been established that the vast majority of scientists approach the understanding of intellectual property from the point of view of opposite theories - proprietary and exclusive rights theory. Moreover, even in legal science, scientists are already debating whether these theories relate to intellectual property or, after all, to the theory of intellectual property rights.It is summarized that the current state of the terminological definition of the concept of “intellectual property” reflects: first, the value perception of intellectual property as something that requires personalization and definition of the range of rights of subjects, with the aim of its potential legal protection and possible legal protection; secondly, intellectual property is considered as the result of creative activity, which can be carried out only by a person due to his creative (intellectual) abilities; thirdly, the lawmaker clearly defines the spheres of a person’s creative activity, where the result will be intellectual property, which includes industrial, scientific and artistic property; fourthly, intellectual property is understood through the prism of the personified right of the relevant subjects, which refers to the results of creative activity in the industrial, scientific and artistic spheres.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134914005","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":"Organized crime in the field of illegal trafficking of narcotic drugs, psychotropic substances or their analogues as an object of criminological research","authors":"V. Solovey","doi":"10.24144/2788-6018.2023.04.64","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.64","url":null,"abstract":"The article describes organized crime in the field of illegal trafficking of narcotic drugs, psychotropic substances or their analogues as an object of criminological research. It was established that organized crime in the sphere of illegal trafficking of narcotic drugs, psychotropic substances or their analogues in Ukraine is characterized by a hierarchy, a strictly and clearly organized, planned system of interconnected criminal activity of individuals, groups, syndicates, cartels, which is carried out with the division of functions, which gives reasons to consider it as a drug business, which is connected with the cultivation, production and trade of drugs for profit and constitutes the economic basis of the existence of organized crime. The main features of criminal offenses committed by organized groups and criminal organizations in the sphere of illegal circulation of narcotic drugs, psychotropic substances or their analogues in Ukraine are: latency of drug business; combination of criminal offenses provided for in Ch. XIII of the Criminal Code of Ukraine with economic criminal offenses, in particular legalization (laundering) of proceeds from illegal drug trafficking with the help of established financial intermediaries and offshore jurisdictions; high level of organization of criminal formations; persistent focus on creating corrupt connections in state authorities and law enforcement agencies; transnationality; the presence of an established source for the purchase of narcotics.It has been established that the drug business consists of several interrelated stages: production, purchase or theft of drugs; delivering them to the place of sale; sale of these products by the consumer. The peculiarity of the drug business is that certain criminal acts (illegal production, smuggling and acquisition) can be both independent components and parallel, jointly interconnected subsystems of criminal activity.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134914101","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 proposals for improving the regulatory enforcement of the provisions of p. 3-1, part 1, art. 284 of the Criminal Procedural Code of Ukraine","authors":"L.M. Hurtiieva","doi":"10.24144/2788-6018.2023.04.74","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.74","url":null,"abstract":"The issues considered in the article correspond to such international and European standards of criminal justice as ensuring the right to an effective pre-trial investigation and the right to a fair trial, in terms of the legal certainty of the formulation of the circumstances provided in Clause 3-1 Part 1 of Art. 284 of the Criminal Procedural Code of Ukraine (one of the grounds for closing criminal proceedings by the court). A number of practical aspects of the application of Clause 3-1 Part 1 of Art. 284 of the Criminal Procedural Code of Ukraine of the criminal procedural college of Ukraine in the light of the positions set forth in the decision of the Joint Chamber of the Cassation Criminal Court of the Supreme Court of February 13, 2023 (in particular, that the concept of «crime against the life and health of a person» covers not only the crimes provided for in section II of the Special Part of the Criminal Code of Ukraine, but may also include other types of crimes in which the object of encroachment is public relations regarding the safety of life and health of a person).The article draws attention to certain disadvantages of the normative consolidation of the provisions of Clause 3-1, Part 1, Art. 284 of the Criminal Procedural Code of Ukraine. In particular, it is substantiated that the provisions of Clause 3-1 Part 1 of Art. 284 of the Criminal Procedural Code of Ukraine are not sufficiently coordinated with the norms of criminal law, which establish the statute of limitations for bringing criminal liability (Articles 49, 106 of the Criminal Code of Ukraine), in the part of formulation of the cases, in the presence of which the court cannot close criminal proceedings. Suggestions for improving criminal procedural legislation have been formulated. In particular, Clause 3-1 Part 1 of Art. 284 of the Criminal Procedural Code is proposed to be presented in the following version:«the person who committed the criminal offense has not been identified, in the case of the expiration of the statute of limitations for prosecution, except the cases when according to the law of Ukraine on criminal liability, the statute of limitations is not applied or the crime may be punished by life imprisonment».In addition, attention was also drawn to a legal and technical disadvantage: the basis provided in Clause 3-1, Part 1, Art. 284 of the Criminal Procedure Code, repeated twice (in Paragraphs 5 and 7 of Part 1 of Article 284 of the Criminal Procedural Code, in Paragraphs 3 and 4 of Part 2 of Article 284 of the Criminal Procedural Code). Such duplication has no meaningful load and needs to be excluded.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134914106","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":"Normative and legal regulation of the scope of collective agreements and contracts","authors":"I.V. Tupikov","doi":"10.24144/2788-6018.2023.04.36","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.36","url":null,"abstract":"The article analyzes the development of legislation in the field of collective agreement regulation, focuses on the problems of reforming the current legislation that regulates the conclusion of collective agreements and agreements, and draws relevant conclusions. It is noted that the collective agreement regulation, which provides for the direct participation of the subjects of labor relations in establishing working conditions through the conclusion of social partnership acts, is gaining special relevance today. And that is why it is urgent to reform the current legislation in the field of concluding collective agreements, since this agreement is an important component of the legal technique of creation in the legal science of Ukraine. It was concluded that despite the significant number of normative legal acts, there remains a sufficient number of undefined and problematic issues that serve as an obstacle to the establishment of effective collective and contractual labor regulation. One of these problems was the uncertainty of the legal content of the concepts of “collective contract” and “collective agreement” in the current labor legislation of Ukraine, although this issue has been repeatedly covered in scientific literature. And if the current Code of Labor Laws of Ukraine contains a chapter dedicated to the collective agreement, then there are no regulations regarding collective agreements at all, which is one of the significant shortcomings. It was established that with the adoption of the new version of the Law “On Collective Agreements and Contracts” dated February 23, 2023, such categories were defined as “branch agreement of limited effect”; “collective agreement (general, sectoral (inter-sectoral), limited sectoral, territorial, territorial in a separate industry)”; “collective agreement” “employee”; “employer”, and a number of issues regarding which there were legislative gaps were settled at the legislative level. The activation of collective bargaining in the conditions of martial law is noted, which is an indispensable tool for regulating social and labor relations, which provides an opportunity to mitigate negative social consequences for employees. Because since the full-scale invasion of Russia into Ukraine, devastating blows have also been inflicted on the development of the existing system of collective and contractual work.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913304","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}