Ekonomia i Prawo-Economics and Law最新文献

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LEGAL ASPECTS OF DIGITALIZATION OF INTERNATIONAL TRADE THROUGH IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY (EXPERIENCE FOR UKRAINE) 通过实施区块链技术实现国际贸易数字化的法律问题(乌克兰经验)
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-12-08 DOI: 10.15407/econlaw.2022.04.031
V. Kamyshanskyi
{"title":"LEGAL ASPECTS OF DIGITALIZATION OF INTERNATIONAL TRADE THROUGH IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY (EXPERIENCE FOR UKRAINE)","authors":"V. Kamyshanskyi","doi":"10.15407/econlaw.2022.04.031","DOIUrl":"https://doi.org/10.15407/econlaw.2022.04.031","url":null,"abstract":"The article is devoted to the study of the peculiarities of digitalization of international trade through the introduction of blockchain technology and the identification of issues that require legal regulation for the implementation of the relevant process in Ukraine. It is emphasized that digitalization of international trade through the introduction of blockchain technology opens up opportunities for optimization of administrative trade procedures and stimulation of foreign trade activity, in particular, it allows modernizing and optimizing the work of “single windows” (including certification and customs clearance); cross-border data exchange between government agencies or authorities and economic entities; payment transfer system, etc. In turn, the use of smart contracts, built on the appropriate technology, can automate the compliance of stakeholders with various contractual obligations; and data (in the blockchain) — is a stream of reliable information about past transactions, as they remain unchanged after entry. This provides greater transparency and the ability to trace the movement of a product or document throughout the supply chain with a high level of security and immutability, as well as eliminates double spending (in particular, by using the same digital documents as collateral for financing, which is a common source of fraud in international trade. At the same time, blockchain technology is only a tool on the way to optimizing administrative trade procedures and stimulating foreign economic activity and can be used only if there is appropriate legislation. In particular, the issues of determining the legal status of the blockchain (in particular, the terminology — “blockchain”, “smart contracts”) and blockchain-based applications need to be settled. Analysis of international experience proves the lack of unified approaches in this area. This actualizes the need to intensify work at the global international level to address the above issues. It is also advisable for Ukraine to join this process. For the sake of end-to-end digitalization of trade and limiting the possibility of potentially conflicting individual approaches that could lead to further disconnection and barriers to trade, harmonization of domestic legislation in accordance with existing international documents (in particular, UNCITRAL model laws) is becoming important. Digital trade agreements (e.g., the upcoming Digital Trade Agreement between Ukraine and the United Kingdom) are one of the tools that will help to intensify actions in this direction. In addition, among the issues that require regulation prior to the introduction of blockchain technology in international trade are the following: (1) the procedure for entering data (in particular, ensuring their accuracy and completeness) to be transmitted and exchanged on the blockchain; (2) protection of the transmitted data, (3) responsibility for data entry and processing, as well as the legal algorithm for their co","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"16 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77019224","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}
引用次数: 3
CRITERION OF JUSTICE IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS REGARDING COMPENSATION OF MORAL DAMAGE 欧洲人权法院道德损害赔偿实践中的正义标准
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-12-08 DOI: 10.15407/econlaw.2022.04.020
L. Oliinyk
{"title":"CRITERION OF JUSTICE IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS REGARDING COMPENSATION OF MORAL DAMAGE","authors":"L. Oliinyk","doi":"10.15407/econlaw.2022.04.020","DOIUrl":"https://doi.org/10.15407/econlaw.2022.04.020","url":null,"abstract":"The article examines the criterion of justice and its content used by the European Court of Human Rights when considering applications of individuals and legal entities, including economic entities, for compensation moral damage, which is characterized by the fact that it is impossible to accurately calculate its size, by analyzing the content of the relevant articles of the European Convention on Human Rights, scientific research and Court’s precedent. The criterion of justice in its application by the Court when deciding claims for just satisfaction cannot be hypothetical, but must acquire signs of argumentativeness and practicality, taking into account the procedures in accordance with the Convention. In this research, we identified and analyzed elements of the just-criterion or the criterion of justice factors, which the Court in their unity considers. At the same time, categorization of criterion of justice factors has been carried out according to the level of connection with the applicant. This identification of the criterion of justice elements of in the context of compensation for moral damage will be able to give it the features of a structured practical tool for justice. In addition, the content of related concepts used in international law to denote various aspects and methods of compensation for damage to an injured person is revealed, including the meaning and content of the concept of “just satisfaction” under Art. 41 of the European Convention on Human Rights.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"54 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91343203","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}
引用次数: 0
FEATURES OF RESOLVING ISSUES OF ADMINISTRATIVE-TERRITORIAL STRUCTURE BY MILITARYCIVILIAN AND MILITARY ADMINISTRATIONS 军民军政机关解决行政领土结构问题的特点
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-12-08 DOI: 10.15407/econlaw.2022.04.010
S. Potapenko
{"title":"FEATURES OF RESOLVING ISSUES OF ADMINISTRATIVE-TERRITORIAL STRUCTURE BY MILITARYCIVILIAN AND MILITARY ADMINISTRATIONS","authors":"S. Potapenko","doi":"10.15407/econlaw.2022.04.010","DOIUrl":"https://doi.org/10.15407/econlaw.2022.04.010","url":null,"abstract":"The article is devoted to the analysis of peculiarities of resolving issues of administrative-territorial system by militarycivilian administration and military administrations using the methods inherent in military administration, it is determined of their list, is on the basis of the analysis of legal acts, the current legislation and scientific works. It is considered organizational and legal forms of exercise by the subjects of powers in the studied field and ways of regulating their competence. It is revealed that the method of partial regulation was used to regulate the competence of military-civilian administration in the field of administrative-territorial system solving issues of in the legislation, when only their most important powers are determined. At the same time the competence of military administrations in the specified field is defined by dual — the way of the subject to the powers (own powers) and which are only presented in the legal context and in a combined manner (expanded powers). It is argued that the legal status of military-civilian administrations and military administrations in a multi-level hierarchical system of subordination in certain cases causes additional approvals in resolving the issues of administrative and territorial system. It has been proven that the legal regime of Martial law has been affected by the process of resolving the military administrations of the administrative-territorial system, and therefore this process can exclude the stages of public hearings, publication on official websites and other media information on disposal information the heads of these administrations. Considering the national nature of solving the issues of administrativeterritorial system, their importance and relevance, it is suggested to switch to the way of whole regulatory regulation of competence military-civilian administration and military administrations the author formulates proposals for improving the current legislation in the specified field.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"22 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87949589","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}
引用次数: 0
IMPROVEMENT OF REGULATORY AND LEGAL INSTRUMENTS FOR STIMULATING THE DEVELOPMENT OF UKRAINIAN MECHANICAL ENGINEERING 促进乌克兰机械工程发展的法规和法律工具的改进
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-12-08 DOI: 10.15407/econlaw.2022.04.082
L. Sozanskyy
{"title":"IMPROVEMENT OF REGULATORY AND LEGAL INSTRUMENTS FOR STIMULATING THE DEVELOPMENT OF UKRAINIAN MECHANICAL ENGINEERING","authors":"L. Sozanskyy","doi":"10.15407/econlaw.2022.04.082","DOIUrl":"https://doi.org/10.15407/econlaw.2022.04.082","url":null,"abstract":"Mechanical engineering in combination with the IT-sphere is the sector of the economy with the highest potential for the creation and implementation of product, technical and technological innovations, as well as a key centre of intersectoral relations. The importance of mechanical engineering for industry and the economy in general is confirmed by its high and growing share in the gross added value of the processing industry of the vast majority of developed industrial EU countries: 48,4 % in Germany, 25,5 % in Poland, while in Ukraine it is only 17 %. Domestic engineering is characterized by generally negative development trends, which have intensified as a result of the military aggression of the russian. Accordingly, the purpose of the article is to substantiate the approaches to the improvement of regulatory and legal instruments for stimulating the development of mechanical engineering in Ukraine. The author substantiates the effectiveness of the use of protectionist policy tools in relation to the domestic automobile industry during 1995-2008, which resulted in the increase in the production and export of automobiles. Ukrainian legislation in the field of stimulating the development of the production of machine-building products for the agro-industrial complex is analyzed in detail, and its key shortcomings are identified, in particular in terms of calculating the degree of localization and determining the share of imports in public procurement. It was emphasized that the production of domestic machine-building products for the agro-industrial complex depends significantly on the import of the most important components (engines, gearboxes), a significant part of which came from the russian federation and Belarus. In order to overcome such import dependence (especially after the introduction of a full trade embargo with russia), the author's proposals were submitted, in particular, to the Law of Ukraine “On Stimulating the Development of Domestic Mechanical Engineering for the Agro-Industrial Complex”, the Law of Ukraine “On Public Procurement” and the Government's Program to Reduce Prices agricultural machinery and equipment of domestic production. Taking into account these proposals will contribute to the implementation of the plan for the post-war recovery of the economy of Ukraine, which was announced by the team of the President's Office and representatives of the government.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"10 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84215079","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}
引用次数: 0
SOCIO-ECONOMIC EFFICIENCY OF COMMUNITY AND REGIONAL DEVELOPMENT: BUILDING OF INDICATORS SYSTEM IN CONDITIONS OF POST-WAR RECONSTRUCTION 社区与区域发展的社会经济效率:战后重建条件下指标体系的构建
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-12-08 DOI: 10.15407/econlaw.2022.04.043
S. Hrechana
{"title":"SOCIO-ECONOMIC EFFICIENCY OF COMMUNITY AND REGIONAL DEVELOPMENT: BUILDING OF INDICATORS SYSTEM IN CONDITIONS OF POST-WAR RECONSTRUCTION","authors":"S. Hrechana","doi":"10.15407/econlaw.2022.04.043","DOIUrl":"https://doi.org/10.15407/econlaw.2022.04.043","url":null,"abstract":"The article proposes a methodical approach to building a set of indicators to assess the socio-economic effectiveness of community and regional development in conditions of post-war reconstruction. It is noted that prior to the beginning of a full-scale aggression, normative and legal content in the regulation area of regional and territorial development contained only fragmented instructions on application of the principle of efficiency, which was observed before reaching high levels of planned development indicators. It is stated that the updated policy of state regional development in 2022 has standardized the approach to the determination of effectiveness as the main determinants and primary indicator of development success in peaceful conditions and during the post-war reconstruction.It is justified that during the transition period the official methodical basis for determining the essence and approaches to assessing the effectiveness of social and economic development of communities and regions is still being formed, as well as losing relevance of complex evaluation of development effectiveness due to lack of statistical information and violation of consistency and consistency of its indicators in the conditions of war, it is necessary to form an easy and reliable tool for such evaluation. The basic principles of its construction in the form of a set of indicators determine maximum conformity of the current normative-legal and methodical base, correct understanding of the essence of socio-economic efficiency, as an indicator of satisfaction of material, social, spiritual needs of people, as well as use of integral indicators of quality of life and social quality as basic for determination of socio-economic efficiency. The author developed a corresponding methodical approach and a related set of indicators for assessing socio-economic effectiveness of community and regional development, which includes separate evaluation components for communities and regions. It is well-grounded that its application will improve the quality of community and regional development planning and will be useful in monitoring the implementation of their development strategies and plans, overcoming the problems of information and analytical support during the period of military condition. The proposed methodical approach can also serve as a basis for the development of the official methodical base, which is envisaged by the policy of regions` renewal, regarding the evaluation of their development effectiveness.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"152 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85375092","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}
引用次数: 0
INSTITUTIONAL AND LEGAL MEASURES FOR ENSURING THE FUNCTIONING OF INTERNATIONAL STRATEGIC ALLIANCES IN THE IT-SECTOR 确保信息技术部门国际战略联盟运作的制度和法律措施
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-12-08 DOI: 10.15407/econlaw.2022.04.092
O. Diakovskyi, Kostiantyn A. Nizheiko
{"title":"INSTITUTIONAL AND LEGAL MEASURES FOR ENSURING THE FUNCTIONING OF INTERNATIONAL STRATEGIC ALLIANCES IN THE IT-SECTOR","authors":"O. Diakovskyi, Kostiantyn A. Nizheiko","doi":"10.15407/econlaw.2022.04.092","DOIUrl":"https://doi.org/10.15407/econlaw.2022.04.092","url":null,"abstract":"The growth of economic entities and their desire for unification affects the increase in world trade and the increasing appearance of International Strategic Alliances aimed at overcoming the economic crisis created by the COVID-19 pandemic and the Russian invasion of Ukraine. Analysis of latest research and publications has shown that modern research is not of a systematic nature; taking into account the rapid spread of international strategic alliances in the 21st century, the issues of their institutional and legal functioning require a more detailed analysis. The purpose of the study is to identify the institutional and legal regulation of the activities of International Strategic Alliances (ISA) in world practice, which would allow to substantiate the directions for improving the domestic environment for their creation and functioning in the IT-sector. It has been proven that national legislation regulates International Strategic Alliances with the help of regulatory and legal acts. Depending on the functioning of the laws, the creation and registration of economic entities, which in the future would be able to form an association in the form of an alliance to further define their purpose, goals and tasks, is either accelerated or slowed down. The presence of proper regulation of the functioning of strategic alliances affects the foreign involvement factor the formation of ISAs. In the context of implementing European experience in Ukraine, it is determined that international cooperation in Germany is based on a number of indirect political and institutional features that help German companies adapt to rapid technological transformations quite effectively. Having analyzed the main normative legal acts regulating the range of public relations in the field of functioning of International Strategic Alliances in global practice, it was established that, for example, the current legislation of Ukraine does not contain a special separate law on the regulation of these relations, the practice in this field indicates the need to increase legal culture in this area by means of regulatory regulation of such relations, which will be the basis for the further development of the functioning of alliances. In the context of using the EU experience, the experience of Germany, which has a certain institutional variety of tools and mechanisms, is useful. Since the early 1970s, German governments have been able to promote the development of technological capabilities at home, supporting open markets abroad, including by intensifying the development of international cooperation, demonstrating a clear orientation of the economy to the producer, not to the consumer.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"18 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79097463","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}
引用次数: 0
COMPLEX OF INDICATORS FOR ASSESSMENT OF SOCIO-ECONOMIC RESULTS AND EFFICIENCY OF RESTORATION OF TERRITORIES DESTROYED DUE TO WAR 评估因战争而被毁领土的社会经济结果和恢复效率的综合指标
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-12-08 DOI: 10.15407/econlaw.2022.04.057
Nataly O. Martynovych
{"title":"COMPLEX OF INDICATORS FOR ASSESSMENT OF SOCIO-ECONOMIC RESULTS AND EFFICIENCY OF RESTORATION OF TERRITORIES DESTROYED DUE TO WAR","authors":"Nataly O. Martynovych","doi":"10.15407/econlaw.2022.04.057","DOIUrl":"https://doi.org/10.15407/econlaw.2022.04.057","url":null,"abstract":"During the process of reforming the economic system of Ukraine and building an open society with a high level of social orientation, it is necessary to find a solution within in a short period of time, which will allow to fundamentally influence the stabilization of the post-war economy of the regions and, in the future, will stimulate the comprehensive development of the country, improving the socio-economic situation of its population. All these factors lead to the necessity of the development of an effective mechanism for evaluating the effectiveness of territorial development, the basis of which are the indicators. Therefore, the article is aimed at the development of theoretical, methodological and applied provisions regarding the assessment of socio-economic results and the effectiveness of the restoration of war-ravaged territories. The theoretical basis was the scientific works of domestic and foreign authors, some provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Basics of State Regional Policy and the Policy of Reconstruction of Regions and Territories”, Resolution of the Verkhovna Rada of Ukraine “On Approving the Tasks of the National Informatization Program for 2022-2024”, Essay of the Economic Policy Research Center “On the Reconstruction of Ukraine”, Project of the Department of Economics of NAS of Ukraine on the post-war reconstruction of Ukraine, the Project of the Recovery Plan of the National Council for the Recovery of Ukraine from the Consequences of the War, Report “On the Situation in Ukraine” of the UN Office for the Coordination of Humanitarian Affairs. The generalization of various scientific points of view regarding the interpretation of the categories “complex” and “system” of indicators made it possible to conclude that these concepts have some differences. It was found that in modern science, the issue of distinguishing the complex and the system of indicators is debatable. In connection with this, the author's definition of a set of indicators for evaluating the economic and social results/efficiency of the restoration of war-ravaged territories has been proposed. It has been proven that the systematization of indicators should take place within the framework of a comprehensive territorial security-oriented approach. Its principles have been proposed. The conversion of territorial development has been conceptualized, the essence of which is to change the qualitative and quantitative socio-economic, ecological state of regions, which depend on the time and efforts of investors, the state, business, and ordinary citizens. It has been proposed to base the conversion of territorial development on the matrix method, in particular to use the BKG (Boston Consulting Group) matrix, which will make it possible to evaluate a large number of parameters (variables), to form an information base, because all information is processed and stored in a matrix form, to typologize terri","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"44 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74287129","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}
引用次数: 1
THE IDEA OF JUSTICE IN ECONOMIC LAW 经济法中的正义观念
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-10-19 DOI: 10.15407/econlaw.2022.03.015
O. Belianevych
{"title":"THE IDEA OF JUSTICE IN ECONOMIC LAW","authors":"O. Belianevych","doi":"10.15407/econlaw.2022.03.015","DOIUrl":"https://doi.org/10.15407/econlaw.2022.03.015","url":null,"abstract":"Through the prism of the Ukrainian legal tradition, the article substantiates the axiological importance of the category of justice as a value invariant in the legal regulation of economic relations in Ukraine in modern conditions and the immanence of ideas of justice in Economic law. Attention is drawn to the fact that Ukraine has its own legal tradition, which is historically deeply rooted in the European legal tradition and inherited by the Constitution of Ukraine of 1996. The declaration of the principle of the Rule of Law in Ukraine, which is an element of the common heritage of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms, determines the fundamental value status of the idea of justice in the legal system of modern Ukraine. The general purpose of the functioning of the legal system of Ukraine is derived from the content of Article 1 of the Constitution of Ukraine — it is the development of Ukraine as a sovereign, independent, democratic, social, legal state. Attention is drawn to the fact that until now neither the foundations nor the principles of Economic law have been fixed in the Economic Code of Ukraine as the main act of economic legislation, although they should form the basis of the structure of all acts of economic legislation, be the basis for the interpretation of legal norms of all acts of economic legislation in the rulemaking and serve as a mean of overcoming legal conflicts and gaps in Economic law, including through the prism of justice. It is determined that the idea of justice — both in the subjective (as the integrity of a person) and objective meaning (as social justice) is already explicitly included in the normative substance of the Economic Code. The importance of the implementation of the idea of social justice in the norms of Economic law is determined by the essence of the relations that are regulated by these rules. In contrast to purely civil relations as the subject of regulation of the Civil Code of Ukraine, as well as purely public legal regulations based on the principles of power — subordination, the object of economic legal regulation is a complex system of relations defined in Article 3 of the Economic Code. Such general foundations of civil legislation as justice, good faith and reasonableness (Clause 6 of Article 3 of the Civil Code), which embody subjective justice as the integrity of participants of civil relations, should show their regulatory potential in the economic sphere. Attention is drawn to the fact that legal support of the social market economy has never been part of the goal of civil legislation, which (the goal) is not generally defined in the Civil Code. The implementation of social justice in the economy of Ukraine and Economic law is determined by the declaration of Ukraine as a social state, accordingly, the economic function of the social state should be ensured by Economic law. The article supports the scientific position that the fea","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76553487","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}
引用次数: 0
DEVELOPMENT OF BIOENERGY POTENTIAL OF HOUSEHOLD WASTE IN THE CONDITIONS OF POST-WAR RECOVERY: ECONOMIC AND LEGAL DIMENSION 在战后恢复条件下开发家庭废物的生物能源潜力:经济和法律层面
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-10-19 DOI: 10.15407/econlaw.2022.03.047
О.A. Trehub
{"title":"DEVELOPMENT OF BIOENERGY POTENTIAL OF HOUSEHOLD WASTE IN THE CONDITIONS OF POST-WAR RECOVERY: ECONOMIC AND LEGAL DIMENSION","authors":"О.A. Trehub","doi":"10.15407/econlaw.2022.03.047","DOIUrl":"https://doi.org/10.15407/econlaw.2022.03.047","url":null,"abstract":"The present article examines the economic and legal problems of development the bioenergy potential of household waste in the conditions of post-war recovery of Ukraine. The place of various operations on bioenergy use of household waste in the waste hierarchy is specified. There is a need for additional ranking of waste-to-energy operations within the position of the hierarchy denoting other recovery. It is noted that energy use of biogas removed from landfills should not be classified as waste disposal. This article clarifies the features and requirements to produce biogas based on the method of anaerobic digestion. It is proposed to establish special criteria for counting bio-waste as recycled after anaerobic digestion in the Methodology for calculating targets for preparing for reuse and recycling of household waste. The article concentrates on analyzing features of production and use of waste derived fuels (RDF and SRF). Biogenic fractions of household waste are an integral component of these types of fuel, so large-scale use of RDF and SRF can cause anaerobic digestion to slow down. Aspects of the impact of RDF and SRF on air quality and climate are considered. It is shown that the European Union has decided to follow the path of limiting the incineration of waste. Special attention is given to the draft Law of Ukraine of 3 June 2021 No. 5611 «On Amendments to Certain Legislative Acts of Ukraine on Energy Waste Recovery». Conclusions regarding the shortcomings of this draft Law are made. Offers to improve the legal framework for biogas collection from landfills are substantiated. At the legislative level, it is necessary to establish the priority of the energy use of biogas collected from landfills.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"10 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76605289","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}
引用次数: 0
THE EXPERIENCE OF THE TERRITORY DEVELOPMENT OF CROATIA POST THE ARMED CONFLICT: CONDITIONS, PRIORITIES AND TOOLS 武装冲突后克罗地亚领土发展的经验:条件、优先事项和工具
IF 0.3
Ekonomia i Prawo-Economics and Law Pub Date : 2022-10-19 DOI: 10.15407/econlaw.2022.03.072
I. Zablodska, Y. Rohozian
{"title":"THE EXPERIENCE OF THE TERRITORY DEVELOPMENT OF CROATIA POST THE ARMED CONFLICT: CONDITIONS, PRIORITIES AND TOOLS","authors":"I. Zablodska, Y. Rohozian","doi":"10.15407/econlaw.2022.03.072","DOIUrl":"https://doi.org/10.15407/econlaw.2022.03.072","url":null,"abstract":"The article examines experience of the Republic of Croatia in the development of de-occupied and affected territories post the armed conflict. The authors analyzed economic and legal conditions for the construction of the Croatian territories destroyed after the armed conflict and their financial support by international donors through the creation of local economic development agencies, development and implementation of the local economic development concept in Croatia and adaptation of the legal framework to new economic goals. The priorities and four components of the strategic project of the social and economic recovery of Croatia have been determined. The first component of the project aimed at attracting investment in territorial communities, the second component devoted to the process of demining de-occupied territories, the third is the provision of consulting services to strengthen management potential, and the fourth component of the project aimed at supporting sub-projects in such areas as: social integration, economic revival and infrastructure for small communities in Croatia. The article demonstrates the economic and legal instruments of special state support for the development of the de-occupied territories of Croatia as well as the classification of territories requiring special state support. Emphasis placed on the expediency of state administration decentralization and the use of tax incentives, including real estate transfer tax, income tax received in the territory of special state supervision and corporate tax. In addition, noteworthy is the creation of three types of territories that received special state aid through income tax exemption or tax rate differentiation over time. Special state support was provided by providing housing to the population affected by the “Croatian War”. The conducted research made possible to establish the successes and shortcomings of the Croatian experience for the possible extrapolation of developments to Ukrainian realities.","PeriodicalId":51956,"journal":{"name":"Ekonomia i Prawo-Economics and Law","volume":"28 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80224338","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}
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