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{"title":"ON THE PROSPECTS OF IMPROVING THE LEGISLATIVE DESCRIPTION OF THE SIGNS OF THE SUBJECT OF THE CRIME PROVIDED FOR IN ART. 245 OF THE CRIMINAL CODE OF UKRAINE","authors":"R. O. Movchan","doi":"10.18524/2411-2054.2023.51.287993","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287993","url":null,"abstract":"The article is devoted to a critical understanding of the used in Art. 245 of the Criminal Code of Ukraine approach to determining the features of the subject of this crime, studying the relevant experience of foreign countries, on the basis of which scientifically based recommendations are formulated aimed at improving the relevant provisions of the current domestic criminal legislation. In particular, the work proved that in Art. 245 of the Criminal Code of Ukraine justifiably provides for responsibility for the destruction or damage of not only forest areas, but also other types of vegetation, which is explained, on the one hand, by the obvious social danger of these actions, and, on the other, by the fact that they are different from the considered prohibition of the current national criminal law the legislation does not allow to give a proper criminal-legal evaluation of these manifestations. It is noted that there are no grounds for limiting the range of objects of the analyzed crime to only those green spaces that are located outside populated areas and along railways, since the degree of violation of the corresponding object of criminal law protection does not depend on the location and legal status (belonging to the forest fund) of the objects, but environmental damage that can be caused by their destruction or damage by fire. Because of this, in the improved Art. 245 of the Criminal Code of Ukraine, it is proposed to point out any green spaces, in particular those located within the boundaries of settlements (parks, gardens, public squares, boulevards, etc.) and not classified as forests in the established order. It is also argued, in particular with reference to the relevant provisions of foreign criminal legislation, that in the improved version of the analyzed norm it should be about the destruction of any vegetation (as well as its remains) regardless of the place of such actions, and not only on agricultural land. At the end of the article, promising directions of research in the relevant field are defined.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"59 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":"135760883","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":"ISSUES OF ENFORCEMENT OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE: PROBLEMS OF THEORY AND PRACTICE","authors":"O. V. Biloskurska","doi":"10.18524/2411-2054.2023.51.287981","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287981","url":null,"abstract":"The article examines the legal positions of scholars in the field of constitutional law regarding their vision of the issues of implementing decisions of the Constitutional Court of Ukraine. It is noted that the decision of the Constitutional of the Court of Ukraine are among the most important acts from the point of view of compliance with the Constitution of Ukraine. The study analyzed the decision of the Constitutional Court, in which the body of constitutional jurisdiction clarifies the obligation to implement its decision. The state of execution of the decisions of the Constitutional Court of Ukraine requires better, as rare cases are being followed up disregard prescriptions of relevant decisions that in the future may lead to the spread of legal nihilism and depreciation of the Basic Law. The provisions of individual decisions of the Constitutional Court of Ukraine regarding the inadmissibility of reproduction by any state power or local self-government bodies of the provisions of normative legal acts, which are recognized as unconstitutional, are analyzed. Attention is drawn to the fact that the procedure for the execution of the decisions of the Constitutional Court of Ukraine is not ensured at the level of the legal framework, there is no system of procedures that would specify the procedure for the execution of the decisions of the body of constitutional jurisdiction. Problems of solving issues of implementation of decisions of the Constitutional Court of Ukraine related to the special legal nature of such decisions, the absence of an indication of the entity that must perform judgment. It is emphasized that the improvement of the situation may require systemic changes in the legislation and the establishment of a clear procedure for the implementation of the decisions of the Constitutional Court of Ukraine, as well as the clarification and imposition of specific responsibility on those who violate the implementation of such decisions. The article defines possible ways improvement of the procedure for the execution of decisions of the Constitutional Court of Ukraine. It is proposed to put control over execution decisions of the Constitutional Court of Ukraine and to determine at the legislative level the terms of execution of such decisions.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"50 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":"135760602","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":"AVAILABILITY OF MEDICINES AS A RESULT OF REIMBURSEMENT MECHANISMS AND MEDICAL INSURANCE IS AN ISSUE FOR DISCUSSION","authors":"V. I. Truba, N. S. Vasilevska","doi":"10.18524/2411-2054.2023.51.287991","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287991","url":null,"abstract":"Availability of medicines, their quantity, quality, and appropriate documentation organization regarding distribution, storage, and sales – is one of the priority tasks of the healthcare system of each country. In European Union countries, a significant portion of expenditures for ensuring pharmaceutical supplies is covered by the state, implementing the principle of equal access of the population to effective medicines at an affordable price, which underlies the mechanisms of pricing and reimbursement. To achieve these goals, requirements are outlined in Directive 89/105/EEC of December 21, 1989, «On the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the system of national health insurance», aimed at promoting the development of the pharmaceutical industry both in the direction of developing expensive innovative drugs and in providing patients with quality generics. Thus, the main mechanism for ensuring the availability of medicinal products and medical devices for the population is the reimbursement program – the complete or partial refunding to entities engaged in retail trade of medicinal products, of the cost of medicinal products or medical devices dispensed to patients based on prescriptions, at the expense of the State Budget of Ukraine. The main objective of regulatory activities remains comprehensive regulation. Individual healthcare questions, including the provision of medicinal products, have been explored in the works of Yu. Bytiak, V. Kolpakov, R. Maidanyk, O. Myronets, I. Seniuta and others. The purpose of this publication is to review the normative and legal regulation of the reimbursement mechanism and practical implementation issues. Different countries establish their own reimbursement mechanisms, which vary in terms of funding sources, reimbursement conditions, price regulation methods, selection criteria for medicinal products, and key nosologies for treatment. The recipients of such systems may include socially vulnerable segments of the population, individuals suffering from severe or chronic illnesses, as well as various types of pharmaceutical assistance such as inpatient and outpatient care. Depending on the specifics of healthcare systems in different countries, different compensation mechanisms may be used. For example, this may involve the reimbursement of the cost of medicines for insured individuals, where the patient’s treatment expenses are covered by the insurance company or compensated to pharmacy establishments, with settlements being made between the insurance fund, healthcare facility, and pharmacy based on contracts. In Ukraine, in the absence of a mandatory medical insurance system, the reimbursement process operates in the form of the state program «Accessible Medicines», where the state compensates pharmacy establishments for the full or partial cost of medicines from the respective list.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"15 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":"135760872","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 INSURANCE IN THE FILM INDUSTRY","authors":"S. M. Kleimenova","doi":"10.18524/2411-2054.2023.51.287989","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287989","url":null,"abstract":"This article is devoted to the provision of insurance services in the field of cinematography. It should be noted that this topic has been little studied, and therefore a number of questions arise that relate to the features of insurance in film production. Insurance in this area of human activity is necessary, because it will allow, in the event of the occurrence of certain insured events, to avoid property losses. Moreover, since the creation of a film work is associated with certain risks for performers (stuntmen), in order to protect their interests, the producer (film company) should take care of their health, life and safety. And the conclusion of appropriate insurance contracts, such as: medical insurance, life insurance, accident insurance, will allow you to properly take care of this category of participants in the filming process. There are also risks in the property area of film production. This is forced downtime, and the death of scenery, and damage to props. These risks must also be insured. Indeed, there are a lot of risks in the industry under consideration. Despite the ever-improving technical capabilities that make it possible to prevent these risks, progress still cannot fully protect against dangers. Insurance is just that «magic wand» that will compensate for losses. Undoubtedly, theoretical developments in this field are small. But scientific articles and works that relate specifically to insurance provide an opportunity to further explore the peculiarities of insurance in the field of film production. The article discusses the features of the insurance of the creative team involved in the process of creating a movie, as well as the features of property insurance. The development of both the film industry and the insurance business allows us to conclude that there will be more and more insurance products and professionals who will deal with them. This will protect against risks in this area. Moreover, the development of film insurance will be quite natural in the film industry.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"7 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":"135760874","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":"CONCERNING THE DEFINITION OF THE CONCEPT OF THE PRINCIPLE OF EQUALITY OF ALL PARTICIPANTS IN THE ADMINISTRATIVE PROCESS BEFORE THE LAW AND THE COURTS IN UKRAINE","authors":"N. V. Ilieva, V. S. Kulia","doi":"10.18524/2411-2054.2023.51.287984","DOIUrl":"https://doi.org/10.18524/2411-2054.2023.51.287984","url":null,"abstract":"The article analyzes approaches to understanding the concept, content and essence of the principle of equality of all participants in the administrative process before the law and the court. Were researched the primary definitions of the concept of the principle, the researched principle was considered through the prism of the principles of justice and the general constitutional principles of equality. This article determines that the principle of equality of all participants in the administrative process before the law and the court has many aspects, most of which are not fixed and not fully disclosed in Article 8 of the Code of Administrative Procedure of Ukraine. It stems from the constitutional principle of equality of human rights and freedoms and equality of citizens before the law, general principles of justice (including the general principle of equality of all participants in the legal process before the law and the court) and is imposed on the specifics of administrative-procedural relations. The article provides an interpretation of the content of the principle of equality of parties to the legal process, which was carried out in the Decision of the Constitutional Court of Ukraine dated 12.04.2012 in case No. 9-рп/2012 (on the constitutional appeal of the village of Troyan A. P. regarding the official interpretation of the provisions of Article 24 of the Constitution of Ukraine). The positions of a number of scientists who expand the limitation of the content of the principle of all participants in the administrative process before the law and the court, which are specified in Part 2 Art. 8 Сode of administrative proceedings of Ukraine. The article proposes a definition of the concept of the principle of equality of all participants in the administrative process before the law and the court in a broad and narrow sense, taking into account doctrinal provisions regarding the essence and content of this principle and the general specific properties of administrative proceedings, a certain «procedural inequality» of participants in the administrative process in their statuses and tort capacity.","PeriodicalId":475384,"journal":{"name":"Правова держава","volume":"72 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":"135760600","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}