Правова держава最新文献

{"title":"STRENGTHENING THE INDEPENDENCE OF THE SPECIALIZED ANTI-CORRUPTION PROSECUTOR’S OFFICE IN UKRAINE: CURRENT TRENDS","authors":"M. M. Stefanchuk","doi":"10.18524/2411-2054.2023.51.288388","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.288388","url":null,"abstract":"The article highlights some current trends in strengthening the independence of the Specialized Anti-Corruption Prosecutor’s Office in Ukraine. It is stated that one of the main current challenges that necessitate further reform of its legal status is the international obligations assumed by Ukraine to further strengthen the fight against corruption as a prerequisite for its European integration. The purpose of the article is to identify the current trends in reforming the legal status of the Specialized Anti-Corruption Prosecutor’s Office with a view to strengthening its independence, and the prerequisites which determine them, and to present the author’s own vision of their further development. It is established that the current trends in reforming the legal status of the Specialized Anti-Corruption Prosecutor’s Office include: its institutional positioning as one of the elements of the system of anti-corruption bodies in Ukraine, outside the unified system of prosecution bodies; weakening of the role of prosecutor’s self-government bodies in the process of forming its personal staff in favor of expanding the powers of the Prosecutor General; establishing of a separate body to conduct disciplinary proceedings against prosecutors of the Specialized Anti-Corruption Prosecutor’s Office; vesting significant powers in the procedures for forming its staff, the staff of the commission for external independent assessment (audit) of the effectiveness of its activities, formation of the staff of the Specialized Disciplinary Commission of Prosecutors of the Specialized Anti-Corruption Prosecutor’s Office with representatives of international and foreign organizations that provide Ukraine with international technical assistance in the field of preventing and combating corruption in accordance with international or interstate agreements. The perspective directions of development of the outlined processes are singled out: the expediency of regulating legal certainty in the issue of positioning of the Specialized Anti-Corruption Prosecutor’s Office in the system of Public Prosecutor’s Office in Ukraine, taking into account the principle of its unity; the expediency of regulating compensatory mechanisms to overcome possible gaps in legislation in case of failure of representatives of international and foreign organizations to comply with the requirements of national legislation; inexpediency of establishing a separate body which will carry out disciplinary proceedings against prosecutors of the Specialized Anti-Corruption Prosecutor’s Office, given the risks of weakening the authority and credibility of the Qualification and Disciplinary Commission of Public Prosecutors, violating the principles of equality and justice in relation to other prosecutors who are subject to the jurisdiction of this body of prosecutor’s governance.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"234 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760605","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":"ON THE GROUNDS OF CRIMINALIZATION OF ACTIONS, PROVIDED BY ART. 114-2 OF THE CRIMINAL CODE OF UKRAINE","authors":"P. O. Burda","doi":"10.18524/2411-2054.2023.51.287992","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287992","url":null,"abstract":"The article is devoted to a critical analysis of the decision of the national parliamentarians to add a new article to the Criminal Code of Ukraine 114-2 and is aimed at obtaining a scientifically based answer to the question of whether there were grounds for the criminalization of the acts described therein, and if so, which ones. In particular, based on the results of writing the article, it is concluded that, firstly, the establishment in 2022 of criminal liability for the unauthorized dissemination of militarily significant information had a strong social basis and was caused by a number of reasons at once, the main of which, of course, was a significant and the sudden change in the social situation in our country, which was the result of Russia’s large-scale and open attack on Ukraine; secondly, being the main reason for the criminalization of the act under investigation, the corresponding aggression of the Russian Federation simultaneously played the role of a catalyst for the emergence of a number of other interdependent processes, the development of which put on the agenda the question of the objective necessity of introducing criminal liability for the relevant acts, namely, unfavorable the dynamics of the unauthorized dissemination of militarily significant information, a change in the perception of the degree of public danger and the generally recognized moral assessment of this act; thirdly, one of the important reasons for the criminalization of the investigated behavior was the significant development of a new group of social relations that took place on the basis of economic or technical progress - informational relations. The same fact that, despite the ongoing war since 2014, the issue of criminalization of the behavior described in Art. 114-2 of the Criminal Code of Ukraine, became the agenda only in 2022 is explained by the fact that: a) until 2022, the war with the Russian Federation was not of a large-scale nature; b) starting from the end of 2015, the intensity of hostilities in Donbas decreased significantly.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760870","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":"FOREIGN EXPERIENCE OF DEVELOPMENT AND LEGAL REGULATION OF THE AGRICULTURAL COOPERATION","authors":"O. G. Khrishcheva","doi":"10.18524/2411-2054.2023.51.287996","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287996","url":null,"abstract":"The article is devoted to the study of development and legal regulation of the agricultural cooperation in foreign countries. Despite the adoption of the Law of Ukraine «On agricultural cooperation» in the new edition the development of agricultural cooperation continues to be restrained, that indicates the presence of shortcomings in the legislative base. The relevance of the chosen topic is determined by the fact that nowadays in the conditions of European integration Ukraine needs an urgent solution to solve the problem of modermizing the Ukrainian cooperative legislation, taking into account the world experience, which will ensure the development of Ukrainian agricultural cooperatives. This article highlights proposals for modernizing the Ukrainian cooperative legislation by using international experience. The positive experience of Georgia in the field of monitoring the activities of the agricultural cooperatives is proposed to be received by Ukraine. The need to pay attention to the issue of gender equality in the agricultural cooperatives using the example of the Kingdom of Spain is emphasized. The author’s concept of «the principle of gender equality and gender integration in the agricultural cooperative» is formed in the article, which is proposed to supplement the cooperative legislation of Ukraine in order to ensure the equality of women and men in the agricultural cooperatives. The article provides the main directions for achieving gender equality and gender integration in agricultural cooperatives (cooperatives). Several approaches or models of the legal regulation of the creation and activity of cooperatives in the world are singled out. The expediency of introducing a model of general legal regulation of the cooperation in Ukraine, which will be based on a single conceptual codified act – the cooperative code of Ukraine, is substantiated.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760877","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 «HUMAN DIMENSION» DOCTRINE HUMAN AND CITIZEN RIGHTS AND FREEDOMS IN UKRAINE","authors":"O. V. Prieshkina","doi":"10.18524/2411-2054.2023.51.287983","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287983","url":null,"abstract":"The article is devoted to the doctrine of the «human dimension», the essence of human and citizen rights and freedoms. In the course of the study, it was substantiated that nowadays in Ukraine the problem of real provision of human and citizen rights and freedoms, which is connected with the insufficient level of observance of the rights and freedoms enshrined in the Basic Law by the state, as well as the insufficient level of their protection, is gaining special importance from various types of offenses. The analysis of the systematic study shows that the problem of ensuring and protecting human rights in Ukraine is complex and multifaceted, and the creation of additional guarantees and mechanisms for the realization of individual rights and freedoms is a priority task of the state at the current stage and in modern historical crisis realities. It is proved that in independent Ukraine today the theory of recognition of human dignity is extremely popular, which is an integrative property of human nature and is one of the institutional sources of his basic rights. It is predicted that in the near future all doctrinal positions in the field of ensuring and protecting the rights and freedoms of a person and a citizen will require appropriate normative and legal regulation, in particular, constitutional. The problem of ensuring human rights at the end of the 20th - at the beginning of the 21st century became one of the most urgent problems of humanity. It is the person in the theory and practice of constitutionalism who occupies the main place, because he is the main reference point for the development, improvement and implementation of the theory and practice of further development. The issues of human and citizen rights and freedoms in Ukraine are of particular interest not only to legal theorists, but also often become a topic of research among practitioners from various fields of law and among different countries.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760601","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":"ORGANISATION OF THE BAR IN WESTERN UKRAINE IN THE SECOND HALF OF ХІХ AND EARLY XX CENTURIES","authors":"A. Yu. Boichuk, I. V. Rudik","doi":"10.18524/2411-2054.2023.51.287982","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287982","url":null,"abstract":"The article is dedicated to the legal aspects and the role of bar associations as entities responsible for bar administration in the Western Ukrainian territories in the second half of the XIX and early XX centuries. Paper analyses how the bar was established, its organizational structure, and the unique features of lawyers and their respective bar associations’ functions.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760603","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-AUTHORITY SERVICES AS AN ADMINISTRATIVE-LEGAL MEANS OF ENSURING THE REALIZATION OF HUMAN RIGHTS IN RELATIONS BETWEEN TAXPAYERS AND SUBJECTS OF PUBLIC ADMINISTRATION","authors":"O. I. Mykolenko","doi":"10.18524/2411-2054.2023.51.287987","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287987","url":null,"abstract":"In the article, public-authority services were characterized as an administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration. It was found that the study of public-power services as administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration emphasizes the need for significant changes in administrative-legal regulation, which in modern conditions is aimed at achieving the following tasks: 1) regulation of management activities in tax authorities; 2) introduction and regulation of democratic, transparent and civilized relations between tax authorities and taxpayers, taking into account the ideology that can be traced in the provisions of the Constitution of Ukraine – «the state’s service to human interests»; 3) ensuring the fullest possible implementation of human rights and freedoms in relations between taxpayers and subjects of public administration; 4) creation of effective and efficient protection of these rights and freedoms in case of their violation by public administration bodies, in particular, tax authorities. It has been established that the study of public-power services as administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration covers the sphere of public relations, which is bypassed for various objective and subjective reasons as representatives of administrative, and tax law. It is proposed to define public-authority services as services provided by subjects of public administration with the aim of ensuring the rights, freedoms and legally protected interests of persons in the public-law sphere. In connection with the fact that the taxpayer is a participant in legal relations for obtaining public-authority services, it is proposed to include this group of relations in the subject of administrative-legal regulation, because administrative law considers tax authorities as a type of subjects of public administration. If public-authority services are considered as the result of the activities of public administration subjects in the sphere of realization of the rights and freedoms of citizens in the public-law sphere, then they should be classified as administrative-legal means that ensure the realization of the rights of private individuals in public-law relations.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760871","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":"FORMS OF INTERACTION OF CIVIL SOCIETY INSTITUTIONS WITH SECURITY AND DEFENSE SECTOR IN THE CONTEXT OF THE IMPLEMENTATION OF THE LAW ENFORCEMENT FUNCTION","authors":"V. V. Pylyp","doi":"10.18524/2411-2054.2023.51.287988","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287988","url":null,"abstract":"The activities of civil society institutions became important in the conditions of martial law. Proactive citizens use all legally permissible means to restore the disturbed security environment and repel the armed aggression of the aggressor country. Today, civil society institutions also play an important role in the implementation of the law enforcement function of the state. This, first, consists in the protection, protection and restoration of violated rights and freedoms, as well as the legitimate interests of a person and a citizen. Therefore, the task of solving many scientific problems is now updated. This also applies to such a task as determining the role of formalized structures of civil society in implementing the law enforcement function of the state under modern conditions, determining the forms and methods used by them. Based on the results of the study, it was determined that a whole complex of bodies, on which, among other things, the implementation of the law enforcement function also relies, represents the defense and security sector. It is emphasized that the active consolidation of the efforts of state institutions, in particular the security and defense sector and civil society, is due to the full-scale invasion of the aggressor country. It was determined that in order to assert and protect the rights and freedoms of a person and a citizen, the mentioned subjects quite often enter into legal forms of interaction that lead to the occurrence of legal consequences. Illegal forms of interaction between the security and defense sector and civil society institutions are no less common. It was determined that non-legal forms of interaction should be understood as activities related to and aimed at ensuring the material, technical and social needs of the security and defense sector and which do not entail the occurrence of legally significant consequences.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760873","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":"SOCIAL AND LEGAL VALUES IN THE PROCESS OF GOAL SETTING OF NORMS OF ADMINISTRATIVE LAW","authors":"N. Yu. Kantor","doi":"10.18524/2411-2054.2023.51.287985","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287985","url":null,"abstract":"Based on the analysis of scientific sources, the article provides a comparative description of social and legal values, as well as reveals their role in the process of goal-setting norms of administrative law. It has been found that the subject of rule-making activity, proposing to establish one or another norm of administrative law, must clearly understand for the achievement of which goals he is enshrining it in the sources of legislation. In this case, social values, which are a kind of reference points for any goal-setting subject, help the subject of rule-making activity to orientate. It has been proven that there is an urgent need for a terminological distinction between the concepts of «value of law» and «legal values». The first concept considers law as a value, while the second one reveals the specifics of the impact of social values on the formation of legal norms, as well as the specifics of legal regulation and protection of social values. On the basis of this, the subject of the study devoted to the role of social values in the process of goal-setting of the norms of administrative law was specified, because then the subject of such a study covers a more general concept – «social values». On the one hand, it includes the concepts of «law as a value» and «legal values» in its content, and on the other hand, it allows specifying the concept of «values as guidelines for goal-setting norms of administrative law», narrowing the subject of such research to only those social values that are important for the process of forming the goals of the norms of administrative law. It was concluded that the peculiarity of the study, which is devoted to the role of social values in the process of goal-setting of legal norms, is that it covers the period when the legal norm has not yet been adopted, but the subject of norm-making activity is already determined with its goals (given the existing in society’s values) and ways of formulation in the sources of law. It was established that if the majority of scientists divide the world of values into legal and extralegal and, accordingly, work within the boundaries of the defined worlds – legal (theory of constitutional, administrative law, etc.) and extralegal (philosophy, sociology, psychology, etc.), then within the scope of research the goal-setting of the norms of administrative law is analyzed during the period when the rule of law has not yet been adopted, but legal processes are already taking place – the subject of goal-setting based on legal awareness and taking into account the scale of existing social and legal principles is determined with the goals of the future norm of administrative law.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760604","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":"FEATURES OF IMPLEMENTATION OF THE RIGHT OF AN INDIVIDUAL TO DESTROY INFORMATION REGARDING HIMSELF (RIGHT TO BE FORGOTTEN)","authors":"S. P. Teleshev","doi":"10.18524/2411-2054.2023.51.287990","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287990","url":null,"abstract":"The article defines the content of the concept of an individual’s right to destroy information regarding himself (the right to be forgotten) as one of the most important elements of the right of an individual to information regarding himself, which consists in the ability of an individual to demand deletion or erasure of personal information. The author determines that an individual’s right to destroy of information regarding himself enables an individual to control the availability and dissemination of information regarding himself, which may prevent the endless dissemination of personal information about an individual and potential damage to him or his confidentiality in the future. The author determines that the EU has made a significant contribution to the regulation of the right to be forgotten in the complex of personal data protection legislation, since EU Regulation 2016/679 sets out the conditions for acquiring such a right, the grounds for unconditional fulfillment of a request for deletion of information regarding oneself and the cases in which this right may be limited. However, the latter does not consider the entire scope of personal information, which complicates the mechanism for exercising this right. The analysis also revealed that the United States does not have a unified federal legislative regulation of the right to erase or destroy, and that court practice generally does not satisfy claims for the erasure of information regarding oneself, referring to the provisions of the First Amendment to the Constitution. In Canada, civil law is focused on certain cases of exercising the right to demand the removal or correction of certain information by the original source, but the Canadian legal framework does not define the right to be forgotten. The concept of the civil right to be forgotten in the understanding of the legal system in Ukraine is also not defined. Summing up, the author notes that the case law of the European Court of Human Rights is currently focused on establishing the criteria and limits of balancing between Article 8 of the European Convention on Human Rights (ECHR) and the data controller’s right to freedom of expression under Article 10 of the ECHR in terms of ensuring the right of an individual to be forgotten. In Ukraine also there is an urgent need to regulate the right of an individual to information regarding himself, especially in terms of his right to erase such information and to regulate the mechanism for exercising the right of an individual to destroy information regarding himself.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760606","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":"JURISDICTIONAL IMMUNITY AND IMMUNITY OF STATE PROPERTY: SPECIFIC ISSUES OF IMPLEMENTATION AND OVERCOMING IN CONTEXT OF RUSSIAN AGGRESSION AGAINST UKRAINE","authors":"T. R. Korotkyi, Z. V. Tropin","doi":"10.18524/2411-2054.2023.51.287997","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287997","url":null,"abstract":"The article reveals peculiarities of application of jurisdictional immunities and immunities of state property in Ukrainian civil court proceedings against Russian Federation on recovery of losses caused by aggression against Ukraine. It has been established that problem of implementation of jurisdictional and property immunity against state property by Ukrainian courts in context of Russian aggression against Ukraine has two dimensions: international and local, taking into account that respective judgments will be enforced in Ukraine, abroad and may be used for implementation of international compensation mechanism. However Ukrainian legislation, contrary to worldwide tendencies, stipulates concept of absolute immunity, which makes difficult its overcoming from Russia during consideration of abovementioned category of cases. It was proved that it is necessary to make respective amendments Law of Ukraine “On international private law” and elaboration of special legislation for prosecuting aggressor state in civil proceedings. In addition it is worth to considered enter of Ukraine into European Convention on State Immunities 1972 and UN Convention on Jurisdictional Immunities of States and Their Property 2004. It was concluded that Ukrainian practice of application of «delict exemption» and «clean hands» doctrine in cases concerning the recovery of loses caused by aggression against Ukraine actually sums to the appearance of new exemption from application of state immunity, i.e. state can not use immunity in cases connected with international crimes committed by it. It was found that procedural obstacles in cases concerning the recovery of loses caused by Russian aggression against Ukraine appear both due to the actual situation and absence of special legislation regulating procedural aspects of aggressor-state involvement into proceedings. The recommendations for overcoming of such procedural obstacles were worked out. For instance it was proposed: - first, court decisions are to be structures from general to particular issues aiming to avoid possible critics on their discrimination nature, and argumentation is to be concentrated on «delict exemption» and «clean hands» doctrine; - second, in cases with Russian Federation it is necessary comply with terms and order of notification provided by UN Convention on Jurisdictional Immunities of States and Their Property 2004 taking into account respective provisions of Ukrainian procedural legislation; - third, in these category of cases Russian Federation is a respondent embodied by ministries of justice and foreign affairs, and respective notifications and other procedural documents are to be sent through the closest diplomatic mission of Russian Federation in other states; - fourth, in each case it is necessary to indicate evidences that representatives of Russian Federation were involved into causing of damages in context of armed conflict; - fifth, cases concerning the recovery of loses caused by Ru","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"2011 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135760876","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}