scholarly journals The concept and essence of electronic transactions in the civil law of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 81-87
Author(s):  
O.I. Zmykalo
Keyword(s):  
Civil Rights ◽  
Characteristic Feature ◽  
Electronic Commerce ◽  
Civil Law ◽  
Legal Regulation ◽  
Law System ◽  
Legal Method ◽  
Telecommunication Systems ◽  
Electronic Transactions ◽  
The Law

This research is devoted to the analysis of the legal regulation of electronic transactions in the civil law of Ukraine, the disclosure of problematic issues related to the practical application of the Law of Ukraine "On Electronic Commerce". Within the framework of this article, a theoretical and applied study of various approaches of scientists was carried out, as well as the position of the legislator regarding the understanding of the concept and essence of an electronic transaction through its comparison with traditional approaches to understanding the concept and essence of a transaction. The analysis of the Law of Ukraine "On Electronic Commerce" was carried out, and it was found that the latter defines the organizational and legal basis for activities in the field of electronic commerce in Ukraine, establishes the procedure for making electronic transactions using information and telecommunication systems and determines the rights and obligations of participants in relations in the field of electronic commerce. To achieve this goal, the author applied methods characteristic of legal science. The study was conducted out using the dialectical method of cognition of legal reality, which provided an opportunity to analyze the essence of electronic transactions as a variety of legal facts affecting the dynamics of legal obligations in the civil law system of Ukraine. Whereas the use of the formal-legal method made it possible to analyze the regulations related to the regulation of electronic transactions, which contributed to the proper disclosure of the research objectives. Based on the study, the authors conclude that electronic transactions, like transactions in general, are a kind of legal facts acting in the form of an act of strong-willed lawful behavior aimed at establishing, changing or terminating civil rights and obligations. It has been established that a characteristic feature of electronic transactions is that they are carried out using information and telecommunication systems. It was determined that a characteristic feature of electronic transactions is interactivity, efficiency and multimedia.

Advantages and disadvantages of electronic identification using a mobile digital signature (MOBILE ID) in modern civil law

2021 ◽  
pp. 104-111
Author(s):  
Alexander Matsegorin ◽  
Oleksandra Tsaryk
Keyword(s):  
Electronic Commerce ◽  
Digital Signature ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Main Body ◽  
Electronic Signatures ◽  
Advantages And Disadvantages ◽  
Commodity Money ◽  
The Law

Problem setting. Due to the rapid impact of information and communication technologies on commodity-money relations, which are in the sphere of civil turnover in Ukraine, the number of contracts concluded in electronic form is significantly increasing. The scope of electronic documents both in contractual civil law relations and in general in the relations of individuals with government agencies, courts and other public law entities has a clear tendency to expand and grow. Thus, in many areas of commodity-money exchange, the interaction of executors and customers (clients) has reached a completely new organizational and legal level and is carried out exclusively online, because the territorial remoteness and implementation of quarantine measures against COVID-19 is not always possible to sign an agreement on paper. These statements determine the relevance of the chosen research topic. The object of the study is the civil legal relationship using a mobile digital signature (Mobile ID). The subject of the research is the advantages and disadvantages of electronic identification with the use of mobile digital signature in civil circulation. The state of research of the problem. Such scientists as M. I. Anokhin, Yu. V. Borodakiy, N. P. Varnovsky, V. M. Glushkov, M. V. Denisova, M. M. Dutov, A.V. Kobets, G.I. Kupriyanova, A. Matvienko, V. A. Onegov, I. A. Semaev, V. A. Shakhverdov, M. N. Tsyvin, V. V. Yashchenko and others. The target of research is to study the features of the legal regulation of electronic digital signature of a person and his legal status with the analysis of issues arising from the use of such a signature in civil turnover, the formulation of proposals for their solution. Article’s main body. The possibility of using mobile digital signatures in the document flow is provided by the relevant regulations. The Law of Ukraine “On Electronic Digital Signature” adopted on May 22, 2003, defines the legal status of an electronic digital signature and regulates the relations that arise when using an electronic digital signature. This Law does not apply to relations arising from the use of other types of electronic signatures, including digitized images of handwritten signatures. At the same time, the provision of Part 3 of Article 207 of the Civil Code of Ukraine on the use of facsimile reproduction of the signature by means of mechanical, electronic or other copying, as well as electronic signature or other analogue of handwritten signature with the written consent of the parties, which must contain samples handwritten signatures. The legislative base on electronic signatures is currently constantly growing, a passport of a citizen of Ukraine in the form of a card with a contactless electronic carrier (and an electronic digital signature) has been introduced into the continuum of indirect electronic reality. The Law of Ukraine "On Electronic Commerce" of September 3, 2015 regulates the legal regulation of the field of electronic commerce in Ukraine, defines the procedure for electronic transactions with the use of information and telecommunications systems. The legal basis for the provision of electronic trust services, including cross-border, the rights and obligations of the subjects of legal relations in the field of electronic trust services are subject to the Law of Ukraine "On electronic trust services" of October 5, 2017. The number of diverse legal material causes some difficulties in the practical application of a mobile digital signature. Differences in national terminology, which are contained in different sources, as well as existing legal gaps determine the relevance of this problem and require appropriate research. Conclusions and prospects for the development. The scientific novelty of the study is a comprehensive consideration of this topic, namely: the pros and cons of using a mobile digital signature, making suggestions for improving existing legislation with concepts and functions related to the use (Mobile ID).

scholarly journals REGULATORY FRAMEWORK OF INFORMATION SECURITY OF THE NATIONAL POLICE OF UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 117-124
Author(s):  
Е. Ю. Никулин
Keyword(s):  
Civil Rights ◽  
Information Security ◽  
Public Relations ◽  
Legal Status ◽  
Specific Area ◽  
Legal Regulation ◽  
Information Protection ◽  
Telecommunication Systems ◽  
The Law ◽  
National Police

The relevance of the article lies in the fact that legal regulation is an important area in ensuring the information security of the bodies of the National Police of Ukraine. It is it that secures the legal status of the departmental information space, the legal status of the subjects of information legal relations and makes it possible to lawfully apply various forms and methods of ensuring information security in the police. Inappropriate legal regulation, which contains gaps and conflicts, violates human and civil rights and freedoms, or has an ambiguous interpretation - leads to problems in the law enforcement sphere. The article displays the main legal acts regulating the formation and use of information and databases in the bodies of the National Police of Ukraine. The emphasis is placed on domestic sources of legal regulation, which have been qualified and characterized by legal force. It was found that the Law of Ukraine "On Information Protection in Information and Telecommunication Systems" regulates relations in the field of information protection in information, telecommunication and information and telecommunication systems. The law clearly defines that the objects of protection in the system are the information processed in it, and the software that is designed to process this information. It was determined that by-laws and regulations are aimed at detailing certain provisions of the Constitution and laws of Ukraine. They have a substantive direction and regulate a specific area of public relations or the direction of work of government bodies. To ensure the information security of the National Police, they play a key role, since they act as a mechanism for the implementation of legislative requirements. Here it is important to emphasize the importance of quality control over the departmental rule-making of public authorities in order to prevent the adoption of provisions that may contradict each other or even legislative acts.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

Canada—Nova Scotia

2015 ◽  
Author(s):  
Alex Ruck Keene ◽  
QC Alison Scott Butler
Keyword(s):  
Nova Scotia ◽  
Civil Rights ◽  
Federal Government ◽  
Common Law ◽  
Civil Law ◽  
Political Rights ◽  
Canadian Charter ◽  
Law System ◽  
The Common ◽  
Civil Law System

Canada is a federation composed of ten provinces, including Nova Scotia (‘NS’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil law system. There is a federal government; as a province, NS also exercises constitutional powers in its own right. Federal legislation includes provisions relating to adults within the scope of this work. The Canadian Charter of Rights and Freedoms also guarantees certain political rights to Canadians and civil rights to everyone in Canada, and contains rights that impact upon capacity law.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights

Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Electronic Money ◽  
Advanced Level ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.

scholarly journals SPECIAL APPROACHES TO ALLOCATION OF TYPES OF SERVITUDES FROM THE ACCOUNTING POSITIONS

2019 ◽  
Vol 4 (5) ◽  
pp. 53
Author(s):  
Iryna Hrytsai ◽  
Oleksandr Yunin ◽  
Antonina Matsola
Keyword(s):  
Property Rights ◽  
Intangible Assets ◽  
Civil Law ◽  
Legal Regulation ◽  
Coherent System ◽  
Corporate Rights ◽  
Legal Method ◽  
Material Component ◽  
Land Relations ◽  
The Individual

Articulation of issues. A number of bases, positions, which previously were recognized as the only correct and irrefutable, served as the foundation of legal regulation of civil relations. But now they do not fully correspond to modern tendencies in the development of civil law science. That is why, today, it should be mentioned about the formation of a new doctrine, which can meet the requirements of the formation and development of the rule-of-law state. In such conditions, it is obvious that the scientific and theoretical study of individual approaches to the allocation of types of servitudes from the standpoint of accounting will contribute to the improvement of civil-law relations, to the formation of a clear and coherent system. At the same time, the variety of scientific views about types of way-leaves constantly encourages the implementation and improvement of scientific research in the field of property rights for someone else’s property. In this context, the issue of the implementation of contractual, inheritance, and land relations for servitudes becomes very important and necessary. Also, another important question is: Are specific legislative approaches to allocation of servitudes on the basis of specific features fixed in legislation or not? Has the legislator stopped only on land and personal servitude? The aim of the article is to study the theoretical and legal possibilities and approaches to the allocation of way-leaves on the basis of specific features from the standpoint of accounting and jurisprudence. Also, another aim is to attract the attention of legal scholars to possible further scientific researches on the introduction of this phenomenon in modern civil legislation of Ukraine. The subject of the study is the individual approaches to the allocation of types of servitudes from the standpoint of accounting. Methodology. The research is based on the analysis of legal acts, which are connected with legal regulation of way-leave relations in Ukraine. On the basis of the comparative legal method of investigation of certain provisions of Ukrainian legislation, the possibilities and limits of the use of types of servitudes in contractual hereditary and land relations are determined. Results of this study have shown that special approaches to the allocation of way-leaves on the basis of specific features in Ukraine are in a real legal vacuum. Such a conclusion is based on the lack of legislative clarification and consolidation of other types of servitudes, which are not connected with the material component. Thus, property rights under the Tax Code of Ukraine are intangible assets, and the provisions of the Civil Code of Ukraine consolidate the material constituent of real rights to someone else’s property. From the standpoint of accounting, we can talk about the presence of intangible servitudes that are associated with the recognition and accounting of intangible assets. If this gap will be solved, then we can talk about the revision of the characteristics of way-leaves, relying on the positions of other branches of law. Practical impact. The idea that certain positions of intangible servitude are contained in national law is rather necessary and expedient. So, we can talk about corporate rights as a person’s rights, the share of which is determined in the statutory fund (property) of a business organization. These rights include the competence to participate in the management of a business entity, obtaining a certain percentage of profits (dividends) of this organization and assets in case of liquidation of it in accordance with the law, as well as other powers provided by law and statutory documents and, for example, the rights to use websites, or aspects of commercial secrecy. Correlation/originality. An analysis of the possible use of other types of way-leaves than those, which are enshrined in civil law in contractual, inheritance, land relations can become the basis for developing the most promising directions for the development of domestic civil law in this area and improving the civil law doctrine.

scholarly journals REMUNERATION OF PUBLIC SERVANTS IN THE FEDERAL REPUBLIC OF GERMANY

2019 ◽  
Vol 4 (5) ◽  
pp. 228
Author(s):  
Larysa Nalyvaiko ◽  
Galiya Chanysheva ◽  
Serhii Kozin
Keyword(s):  
Federal Republic ◽  
Public Service ◽  
Legal Regulation ◽  
Civil Servants ◽  
Structural Method ◽  
Federal Republic Of Germany ◽  
Public Servants ◽  
Legal Method ◽  
Public Servant ◽  
The Law

The aim of the article is to determine the specificities of the remuneration of civil servants in the Federal Republic of Germany. The subject of the study is the remuneration of civil servants in the Federal Republic of Germany. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method enabled to interrogate the development of the institution of the remuneration of civil servants in the Federal Republic of Germany. The comparative legal method enabled to compare doctrinal approaches to this issue. The system-structural method enabled to determine the elements of the remuneration of civil servants of the Federal Republic of Germany. Methods of analysis and synthesis helped study certain parts of this institute to formulate further conclusions about its most optimal functioning. The logicsemantic method was used to determine the content of the principles of “ensuring a decent standard of living for a public servant,” “equality of public service actors” and “allowance/supplies”. The normative-dogmatic method enabled to analyse the content of legal regulations of the domestic legislation and the legislation of the Federal Republic of Germany on the issue. Practical implications. The determination of the specificities of the remuneration of public servants in the Federal Republic of Germany enabled to make recommendations for improving the remuneration system of this category of employees in Ukraine, as well as identify problematic issues that require further consideration and research. Relevance/originality. The author’s definition of the concept of “remuneration of public servants” is proposed and the specific features of this institute, insufficiently studied before, are analysed. The article analyses the specificities of the remuneration of public servants. Their list is determined and the content of each of them is disclosed. The specificities of the remuneration of public servants are substantiated in comparison with other categories of employees. The study of the positive experience of Germany enabled to suggest: to adopt a special legal regulation on the remuneration of public servants in Ukraine, that is, the Law of Ukraine “On Remuneration of Public Servants”; to provide in the norms of the Law of Ukraine “On Public Service” the allowances for the professionalism of a public servant; to provide public servants with the opportunity to carry out another paid activity subject to the special permission of the head of a state body.

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