scholarly journals Concept, characteristics and criteria of food security under the law of Ukraine and other states

2018 ◽  
pp. 30-41
Author(s):  
Tetiana Kovalenko
Keyword(s):  
Food Security ◽  
Food Safety ◽  
Quantitative Measurement ◽  
Food Products ◽  
Legal Regulation ◽  
The State ◽  
Quality And Safety ◽  
Legislative Regulation ◽  
The Law ◽  
The Right

Despite the substantial progress in agro-industrial production development was achieved in the twentieth century, the food problem has not only lost its acuteness, but also turned into a global problem of food safety of mankind. The proper legal regulation of the production of necessary quantity of quality and safe food in the state is a guarantee of food safety of the state. The concept of food safety is legally enshrined in Art. 2 of the Law of Ukraine “On State Support to Agriculture of Ukraine” (dated June 24, 2004) as the protection of human life interests, which is expressed in guaranteeing by the state of unimpeded economic access of a person to food products in order to maintain his/her normal life activities. This normative definition of food safety has become the subject to substantiated criticism in legal literature, since it reflects only one aspect of Ukraine’s food safety – the economic availability of food for the population. The food safety has a number of distinctive features, which determine its role in guaranteeing the national safety of the state. Firstly, the food safety has internal and external aspects. The internal aspect of food safety lies in the functioning of effective mechanisms in the state for guaranteeing human being the access to food products in the quantity and range, sufficient to ensure his/her livelihoods (quantitative measurement), as well as ensuring the proper quality and safety of such products (qualitative measurement). The agricultural legislation of Ukraine provides only a few legal mechanisms to ensure quality measuring of food safety. At the same time, the ensuring the quantitative measurement of Ukraine’s food safety is extremely negative due to difficult economic situation in Ukraine. Legally established minimum wages, scholarships, pensions are not enough to provide a full-fledged human nutrition. The external aspect of food safety is self-sustaining by the state of its food needs in order to reduce the dependence of its economy on food imports. Secondly, ensuring food safety is an essential condition for the realization of one of the basic human rights – the right to adequate food, which is part of the right to a sufficient standard of living. Thirdly, food safety, in particular its qualitative criterion, is an integral part of the internal environmental safety of citizens, because the use of poor quality and dangerous food products significantly affects human health, can provoke diseases and cause fatalities as a result of food poisoning. Fourthly, guaranteeing the food safety of the state is a strategic goal of the state agrarian policy. Given the importance of food to ensure human existence, food safety can be considered as a kind of system of economic and social relations, which is the biosocial basis for the existence of both society and the human individual. In economically developed countries issues of food safety have been subject to considerable legislative regulation. In Ukraine the level of legal regulation of food safety is unsatisfactory. In national agrarian and environmental legislation only quality criteria of food safety are legally defined. Decree of the Cabinet of Ministers of Ukraine “Some Issues of Food Safety” (dated December 5, 2007, No. 1379) approved the Methodology for Determining the Main Indicators of Food Safety. These indicators have been criticized in special literature because they do not take into account issues of quality and safety of food products, peculiarities of development of the agro-food sector as a system-forming for the whole system of food safety. In Ukrainian legal science the necessity of adopting of a special law “On Food Security” or “On Food Security of the State” was substantiated. But the attempt to adopt a special law, aimed at ensuring the state food safety, was unsuccessful. In 2012 the draft law “On Food Safety” was returned by the President of Ukraine to the Parliament with substantive remarks and rejected by the Verkhovna Rada of Ukraine. By this time relations in the field of food safety remain without proper legislative regulation. Currently, the issue of adopting of a special law of Ukraine, aimed at the comprehensive regulation of relations in the field of food safety, is still relevant.

Legal Regulation of Land Lease in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1398
Author(s):  
Dmytro V. SANNIKOV ◽  
Svetlana V. KHOMINETS ◽  
Denys L. KOVACH ◽  
Rymma A. TSYLIURYK ◽  
Alona O. CHYRYK ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Issues ◽  
Practical Significance ◽  
Successful Resolution ◽  
Legislative Framework ◽  
Legal Position ◽  
The Law ◽  
The Right

The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.  

scholarly journals LEGAL REGULATION OF THE QUALITY AND SAFETY OF DRINKING WATER IN THE EU AND UKRAINE

2018 ◽  
Vol 64 ◽  
Author(s):  
V.A. Vitiv
Keyword(s):  
Drinking Water ◽  
Comparative Analysis ◽  
Water Supply ◽  
Legal Regulation ◽  
The State ◽  
Quality And Safety ◽  
State Of Water ◽  
The Right ◽  
Safety Of Drinking Water ◽  
The Eu

The article is devoted to the study of the mechanism of legal regulation of ensuring the right to qualitative drinking water. The author conducted a comparative analysis of Directive 98/83/EC and the system of normative legal regulation of the quality and safety of drinking water in Ukraine. The basics of the right to be informed about the state of water supply in Ukraine and the EU were defined.

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

scholarly journals Keamanan Pangan Sebagai Salah Satu Upaya Perlindungan Hak Masyarakat Sebagai Konsumen

2020 ◽  
Vol 11 (1) ◽  
pp. 57-72
Author(s):  
Tri Rini Puji Lestari
Keyword(s):  
Food Security ◽  
Food Safety ◽  
Raw Materials ◽  
Literature Study ◽  
Technical Factors ◽  
The Law ◽  
Safe Food ◽  
The Right ◽  
Multiple Agency

Consuming unsafe food can endanger the health and lives of consumers. But until now, the circulation of unsafe food is still a problem for Indonesia. Even though the provisions regarding food safety have been regulated in the Law on Food and the Law on Health. This paper uses a literature study. The analysis uses theories and concepts in the literature as the main object to answer questions related to the conditions of the implementation of food safety in Indonesia and various factors that need to be considered in the implementation of food security so that the rights of the community as consumers can be protected. The findings show that at this time Indonesia adheres to multiple agency systems where the application of this system involves a long bureaucratic path and prone to the occurrence of sector egos in the implementation of food security. There are five technical factors recommended by the WHO in providing safe food, namely: maintaining cleanliness, preventing pollution, storing food at safe temperatures, heating food at the right temperature, and using water and raw materials that are safe for consumption. Guaranteed implementation of protection for the community from unsafe food is a major factor that must always be sought by all parties concerned.AbstrakMengonsumsi pangan yang tidak aman dapat membahayakan kesehatan dan jiwa konsumen. Namun, hingga saat ini peredaran pangan yang tidak aman masih menjadi permasalahan bagi Indonesia. Meskipun ketentuan mengenai keamanan pangan sudah diatur dalam Undang- Undang (UU) tentang Pangan dan UU tentang Kesehatan. Tulisan ini menggunakan studi pustaka. Analisis menggunakan teori dan konsep pada literatur sebagai objek utama untuk menjawab pertanyaan terkait bagaimana kondisi penyelenggaraan keamanan pangan di Indonesia dan berbagai faktor yang perlu diperhatikan dalam penyelenggaraan keamanan pangan agar hak masyarakat sebagai konsumen dapat terlindungi. Hasil temuan menunjukkan bahwa saat ini Indonesia menganut multiple agency system di mana penerapan sistem ini melibatkan jalur birokrasi yang panjang dan rawan terjadinya ego sektoral dalam penyelenggaraan keamanan pangan. Ada lima faktor teknis yang direkomendasikan oleh WHO dalam penyediaan pangan yang aman, yaitu: menjaga kebersihan, mencegah terjadinya pencemaran, menyimpan makanan pada suhu yang aman, memanaskan makanan pada suhu yang tepat, serta menggunakan air dan bahan baku yang aman dikonsumsi. Jaminan terselenggaranya perlindungan bagi masyarakat dari pangan yang tidak aman merupakan faktor utama yang harus selalu diupayakan oleh semua pihak terkait.

scholarly journals State-confessional relations in their practical expression in Ukraine

2013 ◽  
pp. 62-74 ◽  
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Freedom Of Conscience ◽  
Constant Attention ◽  
The Law ◽  
The Right ◽  
The Church ◽  
The Way

The position of the state (its leaders and authorities) regarding the Church, the peculiarities of the established state-church relations greatly influence the nature of the development of church institutions and the level of religiousness of the population, as well as ensuring the right of citizens to freedom of conscience. Consequently, the development of a legal democratic Ukraine is impossible without constant attention of state bodies to the issue of guaranteeing freedom of conscience and religion, the state of which is currently dependent on their constitutional and legal regulation and the existence of a holistic mechanism for guaranteeing the said freedom, as well as from the way of monitoring and responding to violations of the law.

scholarly journals Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe

2020 ◽  
Vol 2 (2) ◽  
pp. 15-20
Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
Freedom Of Choice ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”

scholarly journals Mediation and termination of the lease agreement of the land share in case of its allocation in kind on the ground

2020 ◽  
pp. 333-337
Author(s):  
Diana Busuiok
Keyword(s):  
Supreme Court ◽  
Agricultural Land ◽  
State Committee ◽  
Legal Regulation ◽  
The State ◽  
Land Disputes ◽  
The Supreme Court ◽  
The Law ◽  
The Right ◽  
Lease Agreement

The article states that the legal regulation of land turnover requires their individualization. Therefore, in practice there is allocationof land shares (units) in kind on the ground. In this regard, the question still arises as to what happens to the land lease agreementin the case of allocation of land share - is it subject to termination or re-conclusion?It is noted that such disputes should be resolved not only in court, but also out of court – the order of mediation. Mediation shouldnot only take into account the interests of the parties to the land dispute and their needs, but also rely on current legislation on the issueand the practice of resolving such disputes by the Supreme Court. There is a need to determine the legislation on this issue and possibleapproaches to resolving such disputes through mediation.Determinants in the introduction of land share are the Decree of the President of Ukraine “On urgent measures to accelerate landreform in the field of agricultural production” of November 10, 1994 № 666/94 and the Decree of the President of Ukraine “On thedist ribution of land transferred to collective ownership of agricultural enterprises and organizations” of August 8, 1995 № 720 / 95.Despite the generally accepted fact in the theory of law that the object of turnover can only be individually identified property inthe transitional provisions of the Law of Ukraine “Land Lease” of October 6, 1998 № 161-XIV contains provisions according to whichcitizens – holders of certificates for the right to land share before allocating them in kind (on the ground) land have the right to enterinto lease agreements for agricultural land, the location of which is determined taking into account the requirements of rational orga -nization territory and compactness of land use, in accordance with these certificates in compliance with the Law of Ukraine “LandLease”.After allocating land in kind (on the ground) to the owners of land shares (units), the land lease agreement is renegotiated inaccordance with the state act on land ownership on the same terms as previously concluded, and may be changed only by agreementof the parties. Termination of the lease agreement is allowed only in cases specified by the Law of Ukraine “Land Lease”.The list of grounds for termination of the land lease agreement is not exhaustive. Cases of termination of the land lease agreement(share) may be provided by another law. However, the allocation of land on the basis of land share in kind on the ground as a basis fortermination of obligations of the parties is not provided by law, but in the order of the State Committee of Ukraine for Land Resources“Approval of the Standard Lease Agreement share” dated January 17, 2000 № 5.This inconsistency between these two acts, so different in their legal force, in practice leads to disputes over the grounds for terminationof the lease of land share in the event of its allocation.In this regard, in the Resolution of the Grand Chamber of the Supreme Court of September 1, 2020, case № 233/3676/19, a correspondingposition was expressed.Examining the above acts, we identified certain shortcomings in determining the grounds for termination of the lease of land(shares). Such uncertainty provokes land disputes. In order to improve the legal regulation of leased land relations, it is necessary to harmonize the legal requirements of differentlegal acts and enshrine in the Law of Ukraine “Land Lease” such grounds for termination of land lease as the allocation of land sharein kind on the ground.In order to effectively mediate land disputes, this inconsistency should be kept in mind in the following cases:1) when conducting contractual mediation, which will consist in concluding a land lease agreement (share) and agreeing on thegrounds for termination of this agreement. Such mediation will be aimed at preventing disputes over the grounds for termination ofsuch an agreement in the future;2) during the mediation of a dispute regarding the termination of the land lease agreement (share) in the case of its allocation inkind on the ground.

Ensuring food security amid the spread of COVID-19

Ekonomika APK ◽  
2021 ◽  
Vol 321 (7) ◽  
pp. 16-27
Author(s):  
Mykola Pugachov ◽  
Olha Khodakivska ◽  
Oleksandr Shpykuliak ◽  
Nataliia Patyka ◽  
Olena Hryschenko
Keyword(s):  
Food Security ◽  
Food Products ◽  
The State ◽  
Practical Significance ◽  
Economic Science ◽  
Political Factors ◽  
Healthy Nutrition ◽  
Economic Methods ◽  
Force Majeure ◽  
The Impact

The purpose of the article is to carry out an analytical assessing the impact of the COVID-19 pandemic on the level of food security in Ukraine. Research methods. The research was based on general scientific and economic methods, the creative heritage of the founders of economic science, publications of Ukrainian and foreign scientists on the impact of quarantine restrictions related to the spread of the COVID-19 pandemic on the level of food security of the country, regulatory legal acts, data from the State Statistics Service of Ukraine, electronic resources and other sources. The monographic approach is used to analyze the dynamics of the actual consumption of agri-food products and the level of food independence for individual agri-food products. Normative and positive approaches are used to highlight real risks and threats to food security. A number of techniques of abstract-logical tools made it possible to make a scientific and applied generalization of the material presented, to formulate intermediate and final conclusions and proposals. Research results. An analytical assessing the impact of the COVID-19 pandemic on the consumption of agri-food products and the level of food independence for individual agri-food products has been carried out. It has been proven that Ukraine produces enough food to ensure healthy nutrition for citizens. It has been determined that due to the low purchasing power of the population, groups of citizens with low incomes have limited access to essential agricultural and food products. In the medium and long term, there will be a shortage of food resources and global food inflation, the situation in agricultural markets will remain unstable, and trade will continue to develop under the influence of not only competition, but also political factors. Scientific novelty. The theoretical and methodological provisions, scientific, methodological and practical approaches to determining the factors of influence of quarantine measures and the spread of COVID-19 to the level of food security of the state have been substantiated. Assessing the impact of quarantine measures and the spread of COVID-19 on food security made it possible to identify the main risks of ensuring the country's food security. Practical significance. The applied aspects of the study can be taken into account in the formation of programs for the socio-economic development of the agri-food sector of Ukraine, which will increase the effectiveness of state initiatives aimed at ensuring food security of the state and increase the country's readiness for force majeure threats. Tabl.: 7. Figs.: 3. Refs.: 17.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

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