scholarly journals REGULATION OF LOCAL REFERENDUM RELATIONS – A PRECONDITION FOR FURTHER IMPLEMENTATION OF THE DECENTRALIZATION REFORM

2021 ◽  
pp. 21-29
Author(s):  
V. M. Bozhko
Keyword(s):  
Local Level ◽  
Legal Regulation ◽  
Place Of Residence ◽  
European Court ◽  
District Council ◽  
The Law ◽  
European Standards ◽  
Venice Commission ◽  
Decentralization Reform ◽  
Regional Authorities

The article analyzes the prospects for the legal regulation of relations the organization and conduct of a local referendum in Ukraine. The relevance of the topic is due to a number of reasons: a local referendum is indeed one of the effective tools through which a territorial community can exercise its power directly. Therefore, this right is declared not only in the text of the Constitution of Ukraine. A number of special laws indicate that certain decisions can be made at a local referendum. However, the legal uncertainty that arose after the termination of the law of Ukraine “On All-Ukrainian and Local Referendums” and the recognition of the Law of Ukraine as unconstitutional by which the aforementioned Law was terminated, has not yet been eliminated in Ukraine. So the main attention in the article is directed to the analysis of the draft law “On local referendum” (register № 5512), submitted to the parliament on May 19, 2021 and sent on October 30, 2021 to The Venice Commission. The purpose of the article is to investigate the compliance of the content of the above-mentioned draft law with the Constitution of Ukraine and European standards embodied in acts of international organizations, of which our state is a member. In general, having positively assessed the content of the above draft law, the article substantiates the advisability of introducing a number of amendments into it due to Resolution 472 (2021) and Recommendation 459 (2021) “Conducting referenda at the local level”, adopted on May 18, 2021 by the Congress of Local and Regional Authorities, and the decision of the European Court of Human Rights of October 21, 2021 in the case “Seligenenko and others v. Ukraine”. It is proposed: to allow to participate in the local referendum not only those citizens of Ukraine who registered their place of residence on the territory of the corresponding territorial community, but also those who registered their place of residence there and are taxpayers for at least six consecutive months; introduce the possibility of using electronic services when voting at a local referendum; to remove the norm that makes it impossible to simultaneously hold elections and a local referendum, and we also propose to determine the subject of the appointment of a local referendum not to the territorial commission from the local referendum, but to the village, settlement, mayor, chairman of the district, regional, district council in the city.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

scholarly journals MEDICINES: CONSTITUTIONAL AND LEGAL REGULATION ON RESTRICTION OF THE PROPERTY RIGHT CONCERNING TECHNOLOGY TRANSFER SUBJECTS AND THE RIGHT TO CONDUCT ENTREPRENEURSHIP ON IMPORT OF MEDICINAL PRODUCTS IN CONDITIONS OF CONFLICT AND TEMPORARY OCCUPATION

2021 ◽  
pp. 6-13
Author(s):  
Юрій Бисага
Keyword(s):  
Technology Transfer ◽  
Russian Federation ◽  
Legal Regulation ◽  
Democratic Society ◽  
Medicinal Products ◽  
Public Values ◽  
European Court ◽  
The Russian Federation ◽  
The Law ◽  
The Right

  The purpose of this article is to identify the features of restriction of ownership on the subjects of technology transfer regarding production of medicines and the right to run business on the import of medicines in conditions of conflict and temporary occupation. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. When determining the legitimate purpose of restriction, it is necessary to apply the principle of proportionality, which is the concordance of measures applied to the above entities in order to limit the exercise of their rights with those public values that are protected by such restriction. On the procedural level, the State having realized the right for withdrawal has to comprehensively inform the General Secretary of the Council of Europe as for the measures taken and the reasons for them, as well as the time when those measures have ceased to apply and the provisions of the Convention are profoundly applied again. As the case law of the European Court of Human Rights shows, the derogation from the obligations under the Convention must have territorial and temporal specifications. The following features of the constitutional and legal regulation of restriction of property rights for subjects of technology transfer to the production of medicines are revealed: 1) restrictions on the implementation of these rights should be provided by the law, which must meet the following requirements: clarity, accuracy, accessibility; 2) the measure is a temporal one; 3) the range of entities in respect of which it is applied to are the subjects of technology transfer being residents of the aggressor country; 4) legitimate purpose of implementation is protection of public values (national security, life and health of persons staying on the territory of Ukraine, territorial integrity, etc.); 5) necessary in democratic society. The following features of the constitutional and legal regulation of restrictions on the right for running business activities regarding import of medicines during conflict and temporary occupation of the part of the territory of Ukraine by the Russian Federation are revealed: 1) restrictions on the exercise of these rights are provided by the Law of Ukraine “On Foreign Economic Activity” from 04.07.2017 №18.1-07/18369, which meets the following requirements: clarity, accuracy, accessibility; 2) the measure is temporal one; 3) the range of entities in respect of which it is applied to is addressed to the applicants of medicinal products, alternative and/or potential manufacturers, applicants-holders of registration certificates of which are the subjects of the Russian Federation; 4) legitimate purpose of implementation is protection of life and health of persons staying on the territory of Ukraine in connection with the impossibility of providing Ukraine with proper control over the quality of production of medicines within the Russian Federation; 5) necessary in democratic society.    

scholarly journals On the issue of legal regulation of labor relations in agricultural cooperatives

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Novak Tamara ◽  
◽  
Melnyk Viktoriia ◽  
Keyword(s):  
Labor Relations ◽  
Local Level ◽  
Legal Regulation ◽  
Agricultural Cooperatives ◽  
Labor Participation ◽  
Employment Contracts ◽  
Agricultural Cooperative ◽  
Current State ◽  
The Law ◽  
Cooperative Labor

The article analyzes the problems of the current state of legal regulation of labor relations in agricultural cooperatives. Prospects for the settlement of these relations in the context of labor reform and updating of agricultural legislation are investigated. According to the results of the study, a conclusion was made about the low degree of regulation of agrarian labor relations in agricultural cooperatives by the norms of agrarian law. It is determined that in the existing drafts of the Labor Code in terms of settlement of the studied relations a prominent place is given to the local level, which again brings us back to the problem of low level of labor relations with members of agricultural cooperatives by local acts. It is established that based on the provisions of the Law of Ukraine «On Agricultural Cooperation» dated 21.07.2020 № 819-IX the most acceptable way of legal registration of labor participation of members of agricultural cooperatives, will be the conclusion of employment contracts with such persons. It is stated that the abolition of mandatory labor participation of members of the cooperative in its activities and the complexity of regulating such relations in the future may lead to the spread of the practice of not establishing this condition in the statutes of such entities. It is proposed to develop a bylaw that would regulate the method and procedure for registration of relations on labor participation of members of the cooperative in its activities, determine the characteristics of the work of members of the cooperative. A proposal was made to include in the Law of Ukraine «On Agricultural Cooperation» № 819-IX norms on the peculiarities of the regulation of labor relations in agricultural cooperatives. Keywords: agrarian labor relations, cooperative, legal regulation, labor in agriculture, agricultural cooperative, labor relations, membership

scholarly journals THE INFLUENCE OF THE PRINCIPLE OF EQUALITY ALL BEFORE THE LAW ON THE ORDER OF PAYMENT OF COURT FEE IN THE CIVIL PROCESS

2019 ◽  
pp. 57-61
Author(s):  
S. E. Ustiushenko
Keyword(s):  
Ad Hoc ◽  
Legal Regulation ◽  
Individual Characteristics ◽  
Scientific Article ◽  
Constitutional Court ◽  
Court Order ◽  
Procedural Law ◽  
European Court ◽  
The Law ◽  
Principles Of Justice

In the scientific article the content of the principle of equality of all before the law is examined, taking into account the presence of a whole spectrum of points of view on this issue in the science of civil procedural law and legal positions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as the nature of the influence of this principle on the procedure for payment of a court fee when appealing to the court in civil proceeding. Formal equality of all before the law is considered in its inextricable connection with the principles of justice and the rule of law,requiring the accessibility of justice for all segments of the population. It is stated that the differentiated attitude towards the subjectsis important, taking into account their individual characteristics, and the undoubted necessity of the existence of compensators for thefinancial insolvency of certain groups of citizens to pay court fees in the amount established by law. The article analyzes the provisions of the current legislation, which provide for privileges to pay court fees. Two main types ofexemption from payment of a court fee are investigated: according to the law, when the plaintiffs are released from their payment forfiling individual claims, as well as certain categories of persons, determined by law, regardless of the type of claim and court decision,when the person is released by a court from the duty to pay the court fee is only ad hoc, that is, in relation to this particular case. The necessity to distinguish cases of exemption from payment of a court fee, provided by law, and cases where the court fee is notpaid at all, is proved. The distinctive differences between these cases are established. The grounds and procedural order of defermentand deferral of payment of court fee, as well as reduction of its size by court, are characterized. The peculiarities of the distribution of court costs in cases where the person who appealed to the court was dismissed from payment of court fee, if it was arranged by a courtor delayed its payment or reduced amount of payment of court fee. Also, the article identifies the shortcomings of legal regulation of issues related to the payment of court fees when appealing to acourt with a statement on the cancellation of a court order and formulated a proposal for their correction.

scholarly journals Actual issues of legal regulation of formation of budgets of the united territorial communities in Ukraine

2020 ◽  
Author(s):  
Vorotina Nataliia
Keyword(s):  
Financial Management ◽  
Structural Changes ◽  
Social Protection ◽  
Local Level ◽  
Legal Regulation ◽  
The State ◽  
Voluntary Association ◽  
Financial Viability ◽  
The Law ◽  
Budget System

Introduction. More than five years in Ukraine is the reform of decentralization of power, an important component of which is financial decentralization. The purpose of this reform is to improve the financial independence of local budgets and strengthening the role of local government. It is in the process of introducing the reform in 2015 in Ukraine was adopted the Law of Ukraine "On Voluntary Association of Territorial Communities", according to which envisages establishing of united territorial communities and the formation of their budgets. As a result of financial decentralization is transferring of significant amount of financial resources to the local level, allowing better fund the needs of the residents of the territorial community. Given this, it is relevant and important, is to research the peculiarities of legal regulation of the formation of the combined budgets of territorial communities in Ukraine and creating of favorable conditions for their financial solvency. The aim of the article. The purpose of this article is to elucidate the role and importance of budgets of the united territorial communities in the budgetary system of Ukraine, revealing features of their legal regulation in the context of financial decentralization, evaluation of methods of achieving their financial viability, development of proposals on improvement of legislation in this area. Results. Amendments to the Budget Code of Ukraine, according to which budgets of the united territorial communities were included to the budgetary system of Ukraine, were adopted in 2015. The basis for mentioned above amendments to the Budget Code of Ukraine was adoption on the eve of the Law of Ukraine "On Voluntary Association of Territorial Communities". The notion of "the united budgets of territorial communities" has been determined in the Budget Code of Ukraine since 2017 as the combined budgets of territorial communities established in accordance with the law and a long-term plan of formation of territories of communities, as well as the budgets of the consolidated territorial communities recognized by the Cabinet of Ministers of Ukraine in the manner prescribed by law. Definition of "capable territorial communities" as territorial communities of villages (settlements, cities) that, through voluntary association, are able to provide, on their own or through the relevant local authorities, an appropriate level of service provision, especially in the fields of education, culture, health, of social protection, housing and communal services, taking into account the human resources, financial support and infrastructure development of the respective administrative-territorial unit, is contained in the Methodology of formation of capable territorial communities. When forming a promising unified territorial community is an important preliminary calculation of its financial viability, which allows you to evaluate the benefits and risks of such associations, to determine the need for additional funds and streamline costs. Methodological recommendations for the calculation of the financial solvency of united territorial community were prepared for the proper assessment of the said ability. It gives the possibility to model the prospective budget of the community, determines the necessity of analysis of reserves to balance revenues and expenditures, and encourages association in financial viable community. Conclusions. As a result of financial decentralization is appearance in the structure of the budget system of Ukraine a new important element – the budgets of united territorial communities. Such the structural changes of budget system are in line with the trends in the developed democratic states of the world, and therefore should be considered as important, progressive and aimed at achieving financial solvency of local self-government. The budgets of the united territorial communities have number of special characteristics of the formation, must be financially solvent, that today is one of the important problems that need to be resolved. One of the main features of formation of budgets of the united territorial communities is that they have direct interbudget relations with the State Budget of Ukraine. To the budgets of the united territorial community (hereinafter mentioned as UTC), in addition to their main income, is credited 60 percent of the tax to incomes of physical persons. The budgets of the UTC, in addition to the cost of exercising self-governing powers, also finance the expenditure delegated by the state. To improve the efficiency to resolve budget issues of united territorial communities it is extremely important to urgently develop of Methodical recommendations on planning and execution of the budget, control the accounting and financial management, and so on. The issues of ensuring the financial viability of UTC budgets are extremely important and need further refinement of the mechanisms to achieve this.

scholarly journals Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

2016 ◽  
Vol 9 (2) ◽  
pp. 150-170
Author(s):  
Edita Gruodytė ◽  
Saulė Milčiuvienė
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Court Decisions ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
European Court ◽  
The Law ◽  
Right To Information ◽  
The Right

Abstract In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

scholarly journals Reform of Serbian family law

2006 ◽  
Vol 78 (9) ◽  
pp. 3-31
Author(s):  
Olga Cvejić-Jančić
Keyword(s):  
Family Law ◽  
Common Law ◽  
Legal Regulation ◽  
Equal Treatment ◽  
Marriage And Family ◽  
Rights Of The Child ◽  
European Court ◽  
State Adoption ◽  
The Law ◽  
Common Law Marriage

This paper examines solutions introduced by the new Serbian Family Act. It underlines the fact that the law significantly took in consideration European and international conventions and opinions of the European Court of Human Rights in family law matters. The Court practice will decide whether the equal treatment of the common law marriage and marriage in respect of requirements for their recognition is the best solution at this particular moment. The problem may be solved by equal treatment of the "illegal" common law marriage with invalid marriage. Important novelties have been introduced in the field of adoption, namely the partial adoption has been abolished, the age limit for the full adoption has been abolished; full adoption has become possible under certain circumstances even in case when the child has both parents. The provisions on inter-state adoption have not been well drafted since there is no enough protection for the adopted child in these cases. The new issues, which were not regulated by the Marriage and Family Law 1980 relate to the legal regulation of certain new, merely procedural, rights of the child, namely right of the child to express his/her opinion in all the proceedings that relate to his/her rights, right to file a claim for protection of these rights, possibility of emancipation of minor who became a parent based on the decision of the court, possibility of joint custody protection against family violence, introduction of mediation in the marriage matters and right of habitation under certain circumstances. Other novelties introduced by the law are incorporated in appropriate parts of law, either by amending or by supplementing the law, or by introducing the terminological innovation of certain solutions that existed in the previous law.

scholarly journals Modern concepts of budget decentralization

2020 ◽  
pp. 119-127
Author(s):  
Valeriia Volenko
Keyword(s):  
Fiscal Decentralization ◽  
Local Level ◽  
Financial Control ◽  
Theoretical Substantiation ◽  
Advantages And Disadvantages ◽  
Financial Autonomy ◽  
Or Methodology ◽  
European Standards ◽  
Decentralization Reform ◽  
Budget Decentralization

Actuality of the theme of the research. Ukraine's European integration process involves a series of reforms, one of which is budget decentralization. It must ensure the financial autonomy and capacity of local communities in accordance with European standards. The statement of the problem. Carrying out budgetary decentralization reform requires a detailed study of the concept's origins to understand its essence, as well as to compare it with financial and fiscal decentralization. The analysis of the last researches and the publications. Scientists such as M. Bell, V. Bodrov, J. Buchanan, R. Gatti, M. Derkach, R. Musgrave, W. Oates, P. Samuelson, and C. Tiebout, R. Fisman and others have devoted their scientific works to the issues of theoretical substantiation of the provisions of fiscal decentralization. The statement of the purpose the research. The main purpose of the article is to analyze the conceptual provisions of budget, fiscal and financial decentralization and their correlation. Research method or methodology. The research methods that are used in the article include comparative analysis, generalizations, grouping, comparisons, etc. The results of the work. The article deals with the process of becoming a concept of "fiscal decentralization". It is compared with the concept of "financial decentralization", and it is proved that they are synonymous. The concept of "budget decentralization" is considered and its relation with the concept of fiscal and financial decentralization is determined. The advantages and disadvantages of budget decentralization are identified. Conclusions. Thus, the results of the studying show that the concepts of fiscal and financial decentralization are synonymous. Instead, budget decentralization is a component of fiscal decentralization. One of the problems of introducing budget decentralization is the ability of local authorities to abuse their own position, to commit corruption. That’s why, it is necessary to establish state financial control at the local level.

scholarly journals Legal regulation of the use of technogenic waste of a mining enterprises in Ukraine

2021 ◽  
pp. 153-157
Author(s):  
Yu.O Leheza ◽  
O.V Pushkina ◽  
H.V Iliushchenko ◽  
Yu.I Tiuria
Keyword(s):  
Legal Regulation ◽  
Functional Method ◽  
Mining Waste ◽  
Legal Regime ◽  
Public Authorities ◽  
Technogenic Waste ◽  
Mining Law ◽  
The Law ◽  
European Standards ◽  
Technogenic Wastes

Purpose. Substantiation of improvement of normative-legal regulation of use of technogenic wastes of mining enterprises for maintenance of requirements of ecological safety of settlements of Ukraine and their conformity to the European standards of realization of economic activity. Methodology. The application of methods of comparative legal research, system and structural-functional analysis, functional method allowed justifying the feasibility of optimizing the regulation of the use of man-made waste from mining enterprises. Findings. The expediency of amending Art. 4 of the Law of Ukraine On Waste, supplementing articles of the Mining Law of Ukraine with provisions that will provide for the competence of public authorities in the field of mining waste management, the procedure for handling all types of mining waste, duties and responsibilities of economic entities for violation of legislation in the field of managing mining waste, and others. Originality. Proposals have been formulated to amend the Law of Ukraine On Waste, articles of the Mining Law of Ukraine, aimed at consolidating the rights and responsibilities of the subjects of the administrative and legal regime of man-made waste of mining enterprises. Practical value. The obtained results can be used to improve the mechanism of utilization and use of man-made waste from mining enterprises.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

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