scholarly journals Legal regulation of the digitalization process of Ukrainian archive space

2021 ◽  
pp. 79-88
Author(s):  
D. Vasylenko ◽  
L. Butko
Keyword(s):  
Legal Regulation ◽  
General Concept ◽  
State Regulation ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
Systematic Development ◽  
The Creation ◽  
Theoretical Foundations ◽  
State Regional

The problem statement. Archival sphere can fit organically into the general concept of digital transformation of Ukraine’s economy. The creation of digital format of archival institutions should be based on identical branch standards and rules for the creation, preserving, accounting, description, using of digital copies in order to ensure a single collaboration algorithm between state, regional and municipal authority levels. The purpose of the research is to analyze the new trends of the management system of the archival sphere from the perspective of regulatory support for the implementation of digitalization tools of Ukrainian archival institutions. The methodology. To resolve the tasks of the research were used traditional complex of common scientific principles (determinism, imaging, unity of opposites) and methods (analysis and synthesis, systematic and structural, questionnaire, content-analysis, observation, statistical). The results. The article analyzes the legal tools as an element of state regulation of digitalization of the Ukrainian archival space. The results of the study were confirmed by a sociological survey on the topic “Do we need to adjust the regulatory basis the archival branch to the digitalization contexts?”. The scientific novelty of the research is to develop the theoretical foundations in the branch of archival sphere management due to context of regulatory support for provision of digitalization issue, including methods of analysis, synthesis and systematization, to generate the problem of introducing the modernizational legislation to manage the digitalization of archival sphere. Conclusions. It is reviewed in the research the influence of the state regulation on the task of systematic development of Ukrainian branch standards and other legal documentation, which is created to regulate the requirements of creation, accounting, preserving, and use of electronic document copies, as well as the collaboration between the archival institutions with stakeholders within a single online platform.

scholarly journals The features of the contractual form of protection of subjective intellectual property rights for a cinematographic work under the laws of Ukraine and the countries of the European Union

2020 ◽  
pp. 323-328
Author(s):  
Kateryna Poturai
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
General Concept ◽  
The European Union ◽  
Modern Development ◽  
The Creation ◽  
Civil Contract

The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreement on the alienation of exclusive rights or a license agreement still remains unresolved. At the present stage,the legal regulation of the creation and use of films is further complicated by the fact that many film studios instead of copyright agreementsenter into refit contracts on the creation of films.The author draws attention to the fact that the French legal doctrine does not see any difference between the subject of the contractand the content of the obligation and uses such concepts as synonyms. The French legislator does not give a general concept, whichwould reveal the main features of the copyright agreement. However, the provisions of the French Intellectual Property Code directlyindicate the possibility of assignment of the author’s property rights (succession in a certain part of copyright) on the basis of the cont -ract. In the French literature and in the practice of courts it is unanimously recognized that from the point of view of general civil lawthe assignment of exclusive property copyrights is in principle a civil contract of sale of property, in turn a license is a civil contract ofproperty lease.The author also emphasizes that there is a necessity to regulate the conclusion of copyright agreements with all subjects of a cinematographicwork, which may have intellectual property rights in connection with the creation of such a work.

scholarly journals Current state of the institute of administrative liability in the field of urban planning

2018 ◽  
Vol 2 (2) ◽  
pp. 67-77
Author(s):  
Olha Garan ◽  
Valeriі Stukalenko
Keyword(s):  
Urban Planning ◽  
Systematic Approach ◽  
Regulatory System ◽  
Legal Regulation ◽  
State Standards ◽  
Scientific Understanding ◽  
Current State ◽  
Urban Construction ◽  
The Creation ◽  
Theoretical Foundations

Introdaction. The article uncovers the state of the institute of administrative liability in the field of urban planning considering current situation. The attention is focused on the main directions of transformation of development of administrative liability, the problems are described and the ways of their solution are proposed. In connection with the implementation of various reforms, the existing urban construction relationships has radically changed and the new ones has emerged in the society, which are characterized by a tendency of growth. Therefore, considering new conditions and requirements, these relations require the introduction of new effective administrative and legal regulation. One of the important tools of this regulation is administrative liability in the field of urban planning, which helps to ensure compliance with the norms provided by law, state standards, construction codes, and rules. The perspective directions of the evolution of the institute of administrative liability are the improvement of the system of administrative penalties by expanding their number and size and improving the system of subjects of responsibility. Purpose and tasks. The purpose of the work is to determine the current state of scientific understanding of administrative liability in the field of urban planning on the basis of the analysis of theoretical foundations, regulatory system and practice, as well as to focus on the actual issues of its application in practice. Results. It is proven that the institute of administrative liability in the field of urban planning undergoes transformation, but the scientific understanding of this process is not at the proper level. Conclusions. In general, the institution of administrative liability in the field of urban planning requires substantial modernization, but not at the expense of making changes and additions to the current legislation, but on the basis of the creation of a new doctrine of understanding of administrative liability combined with the application of a systematic approach.  All of the above will provide an opportunity for the creation of effective mechanisms for applying the institute of administrative liability in practice.

scholarly journals Some aspects of the legal nature of virtual assets/cryptocurrencies in the conditions of global digitalization

2020 ◽  
pp. 7-16
Author(s):  
Victoria Milash
Keyword(s):  
Legal Regulation ◽  
State Regulation ◽  
Main Body ◽  
Unified Approach ◽  
Economic Relations ◽  
Active Involvement ◽  
Digital Format ◽  
Legal Nature ◽  
Digital Objects ◽  
Further Development

Problem setting. Comprehensive digitalization of all spheres of life, as one of the most important factors of economic growth in any country, is the mainstream of the modern global world. Digital transformations in the economy are changing approaches to both the organization and conduct of economic activity and the format of its state regulation. The development of the digital economy is inextricably linked with the “digitalization” of a number of traditional objects and / or forms of interaction between participants in economic relations, as well as the emergence and active circulation of new objects whose existence is possible only in digital format (“ digital objects “). Virtual assets / cryptocurrency are one of such objects to which there has been a bivalent attitude since its appearance, and to the legal nature of which a unified approach has not been formed to date. Analysis of recent researches and publications. Among the researchers who in their works addressed the issue of the legal nature of virtual assets / cryptocurrency and transactions with it, it should be noted M.V. Grebenyuk, B.V. Derevyanko, I.M. Doronin, A.T. Kovalchuk, L.O. Nikitin, S.S. Pylypyshyn, V.A. Ustymenko and others. At the same time, a full-scale study of this issue, in particular from the standpoint of economic law, requires further legal, including economic and legal research. Target of research is to study the heterogeneous nature of virtual assets / cryptocurrencies in the context of digital transformations in the economy and modernization of domestic legislation. Article’s main body. In the context of global digitalization, the scale and pace of digital transformations associated with the emergence of new digital objects, their active involvement in civil, economic turnover and subsequent market turnover are growing. Virtual assets/cryptocurrency are one of the objects in relation to which there has been a bivalent attitude since its appearance, and in relation to the legal nature of which a unified approach has not been formed to date. This article discusses the first official explanations in Ukraine on the nature of virtual assets / cryptocurrencies, as well as the position of the Office of Effective Regulation (BRDO) and theoretical and legal approaches to this object. Qualification features are analyzed, which contains the legislative definition of “virtual asset”, which together represent its functional heterogeneity. Some issues related to the contractual basis for the circulation of virtual assets / cryptocurrencies are highlighted, and suggestions for further development of the current legislation on these facilities are provided. Conclusions and prospects for the development. Legislative legalization of the concept of “virtual assets” is an important step towards the legalization of the virtual assets market and the first stage of the institution of virtual assets, further development of which requires intensification of work on the development of relevant legislation on virtual assets. connection with the generation (issue) and circulation of virtual assets. At the same time, achieving a synergistic effect in the legal regulation of relations, the object of which are virtual assets/cryptocurrency, necessitates appropriate amendments to the Commercial and Civil Codes of Ukraine, the Law of Ukraine “On e-commerce”, tax, investment legislation and more.

scholarly journals STATE REGULATION AND SUPPORT OF TOURISM SERVICES IN THE RURAL REGIONS IN ACCORDANCE WITH EUROPEAN REQUIREMENTS

2018 ◽  
Vol 4 (4) ◽  
pp. 188-193 ◽  
Author(s):  
Yuriy Kyrylov ◽  
Vadim Yarovoy
Keyword(s):  
Rural Areas ◽  
Practical Importance ◽  
State Regulation ◽  
Special Role ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
Logical Method ◽  
Green Tourism ◽  
Definition Of ◽  
Tourism Services

The objective of the article is to identify the problems of development of rural green tourism as an important direction of tourism activity in Ukraine and to substantiate their solution on the basis of state regulation and support. Methodology. In order to achieve an objective of the study, the general scientific and special methods were used: analysis and synthesis in the study of scientific principles of state regulation of services of rural green tourism; statistical analysis, comparison and generalization – in the study of the peculiarities of the organizational and economic mechanism of state regulation and support of rural green tourism services and the definition of modern aspects of the mechanisms of state regulation of rural green tourism; abstract-logical method – for synthesis and formulation of conclusions and proposals. Results. The article reveals the challenges and problems of the development of rural population and rural areas in Ukraine. A special role in their solution of tourism activities in the form of rural green tourism was determined. Therefore, a considerable attention is paid to its state regulation and support. They are carried out in the form of regulatory and legislative support, monitoring systems, pricing services, taxation, etc. Practical importance. The obtained results can be used in practice by the state authorities, local authorities and self-government bodies, public organizations. The conducted study, conclusions drawn on their result, are the basis for: a further in-depth scientific study of the theory of public administration, development of recommendations for the improvement of conceptual provisions and measures for the implementation of an effective mechanism of state regulation and support of rural green tourism services. The scientific novelty of the results is that the theoretical foundations and conceptual approaches to improving the mechanisms of state regulation and support of rural green tourism services in Ukraine are substantiated.

scholarly journals MODERN MODELS OF STATE REGULATION OF TOURISM

2020 ◽  
pp. 23-30
Author(s):  
Andriy Karpenko ◽  
Yuriy Gurbyk
Keyword(s):  
Mixed Model ◽  
Central Government ◽  
Legal Regulation ◽  
State Regulation ◽  
Public Institutions ◽  
American Model ◽  
Analysis And Synthesis ◽  
Political Conditions ◽  
Centralized Model

Introduction. In the context of exacerbation of the crisis in the world economy, it is becoming increasingly important to study the experience of public policy in key sectors of the economy, including tourism, which are able to ensure economic growth in the country. There is a growing attention to the practice of creation and functioning of tourism regulation institutions, which makes it possible to identify the main priority measures in certain socio-economic and political conditions of development. Goal. To analyze modern models of state regulation of tourism and on the basis of consideration of their classifications carried out by Ukrainian scientists, to determine the best option that should be used in post COVID-19 conditions in Ukraine. Methods. The article uses logical-abstract, comparative and methods of analysis and synthesis in the study of modern models of state regulation of tourism, defined goals and conclusions. Results. The author explores four main models of state regulation of tourism. The peculiarity of the American model is the absence of a central government institution responsible for the functioning and development of tourism. The centralized model provides for state regulation of tourism by a separate – central executive body at the ministry level. The European model is that the regulation of tourism is carried out at the level of a multi-sectoral ministry, within which a special structural unit operates. The mixed model of state regulation of tourism envisages the creation of a combined ministry, which, along with the regulation of tourism, will take care of issues of economic and social spheres of the state that are related to tourism (culture, sports, etc.). The expediency of using a centralized model of state regulation of tourism in Ukraine is substantiated. Conclusions. The analysis of world models of state regulation of tourism allowed to substantiate expediency to use in Ukraine the model of centralized state regulation of tourism which, in our opinion, in modern realities of development of the Ukrainian state will provide (using foreign experience) the decision of problems of development of domestic tourism. its management system, the level of logistics, the role of state and public institutions, the effectiveness of economic and legal regulation.

scholarly journals On Methods to Legal Regulation of Artificial Intelligence in the World

2019 ◽  
Vol 9 (1) ◽  
pp. 5159-5162 ◽  
Keyword(s):  
Artificial Intelligence ◽  
Legal Framework ◽  
Legal Regulation ◽  
State Regulation ◽  
Regulation Mechanism ◽  
The Past ◽  
Separate Area ◽  
The World ◽  
The Creation ◽  
Development Regulation

In the modern digital age, the issues of using artificial intelligence and the field of development of intelligent technologies are extremely important and relevant. Over the past few years, there have been attempts of state regulation of artificial intelligence, both in Russia and in other countries of the world. Artificial intelligence poses new challenges to various areas of law: from patent to criminal law, from privacy to antitrust law. Among the current approaches, the most optimal is the creation of a separate legal regulation mechanism that creates a clear distinction between areas of responsibility of developers and users of systems with artificial intelligence and the technology itself. Today, the development of the legal framework for the existence of artificial intelligence can be conditionally divided into two approaches: the creation of a legal framework for the introduction of applied systems with artificial intelligence and stimulate their development; regulation of the sphere of creating artificial “super intelligence”, in particular, compliance of the developed technologies with generally recognized standards in the field of ethics and law. A separate area should be the introduction of uniform ethical principles for all developers and users of systems with artificial intelligence. The most optimal in this aspect is the approach implemented within the framework of the Asilomar principles. In these circumstances, the appeal to the problem of legal regulation of artificial intelligence is becoming more relevant than ever. This paper presents the results of a detailed analysis of existing approaches to the legal regulation of artificial intelligence.

scholarly journals Theoretical aspects of foreign economic activity of institutional units in Ukraine

2019 ◽  
pp. 65-75
Author(s):  
Iryna Belova ◽  
Olha Zavytiy ◽  
Nataliia Semenyshena
Keyword(s):  
Economic Activity ◽  
World Market ◽  
Legal Regulation ◽  
State Regulation ◽  
Scientific Methods ◽  
Economic Relations ◽  
Literary Sources ◽  
Analysis And Synthesis ◽  
New Ideas

Introduction. The research is devoted to the genesis, determination of definitions, theoretical aspects of the development of foreign economic activity of institutional units and tendencies of its normative and legal regulation. Methods. The theoretical and methodological basis of the research is the works of leading scientists on foreign economic activity, legislative and regulatory documents that regulate the foreign economic activity of institutional units. The following scientific methods were used in the process of research: induction and deduction, analysis and synthesis - during theoretical generalizations, formation of relevant conclusions; bibliographic - research of literary sources to obtain necessary information on the topic of research the method of associations and analogies - for the proposed new ideas and suggestions that arise on the basis of comparison with other more or less similar objects. Results. The article explores theoretical and organizational and practical principles of defining the essence of the concepts of “foreign economic activity” and "foreign economic relations” in the current conditions of economic development. The types of such activities are considered and it is concluded that state regulation of foreign economic activity in Ukraine under conditions of liberalization should facilitate the establishment and development of foreign economic relations of the institutional units of the country with foreign counterparties. Discussion. Prospects for further research see the study of international experience in conducting foreign economic activity and foreign economic relations and the mechanism of state regulation of foreign economic activity of institutional units. Keywords: foreign economic activity, economic activity, foreign economic operation, export, import, foreign entities, world market.

Legal and regulative foundation of securing the development of consolidated territorial communities in conditions of decentralization

2019 ◽  
pp. 16-19
Author(s):  
Oryslava Korkuna ◽  
Ivan Korkuna ◽  
Oleh Tsilnyk
Keyword(s):  
Development Strategy ◽  
Local Governments ◽  
Local Governance ◽  
Legal Regulation ◽  
Major Elements ◽  
The Development Strategy ◽  
Social Entity ◽  
European Standards ◽  
Definition Of ◽  
State Regional

Development of a territorial community requires efficient use of its capacity taking into account all possible aspects in the course of elaboration and implementation of the development strategy and other local legal and regulative documents. The approach is directly related to maintaining the living activity of a territorial community and should correspond to the interests of population and European standards of state regional policy. In addition to the definition of a community provided by the Law of Ukraine “On Local Governance in Ukraine”, there are also some other. For example, some authors understand territorial community as a single natural and social entity that operates in spatial boundaries of a state and realizes daily needs and interests of population. The paper aims to analyze legal and regulative foundation of the development of territorial communities in conditions of decentralization. The authors analyze current condition of legal and regulative maintenance of local governance reforming in Ukraine in conditions of decentralization of authorities. The paper argues that the major elements of management strategy in CTCs in Ukraine are independence, efficiency, management innovations, quicker and more substantiated decision-making and everything to meet the needs of community’s residents. Management of this sector is grounded on the principles of the provisions of European Charter of Local Self-Government that provides for decentralization of authorities and transfer of resources and responsibilities to local governments. Liabilities of local governments (of consolidated territorial communities) and the mayors are analyzed. The authors prove that in general legal provision of decentralization of local governance corresponds to European requirements and creates reliable ground for practical stage of the reform. The list of issues that require further legal regulation is outlined.

METHODICAL BASES OF AN ESTIMATION OF AGRICULTURAL LAND USING EFFICIENCY

2019 ◽  
Vol 4 (3) ◽  
pp. 237-244
Author(s):  
Mikhailo KOBCHENKO
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
Practical Importance ◽  
Economic Damage ◽  
Dialectical Approach ◽  
Methodical Approach ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
Definition Of ◽  
Land Using

Introduction. The purpose of this article is to define methodological grounds of assessment of agricultural land using efficiency. The article is devoted to definition of the indicators system of land using efficiency. Methods of research. The solution of the tasks in the article is carried out with the help of such scientific and special research methods as: analysis and synthesis, systematization and generalization, the dialectical approach. Results. The structural balance between cost of land and production resources has been investigated, which leads to the need of many alternatives for the purpose and use of the respective territories on the basis of the modern system of land using efficiency assessment when determining the benefits of land resources using for agricultural production. Originality. It has been proved that to create and enforce a uniform indicators system of land using efficiency is necessary to determine all the factors that affect land use, to reflect the degree and type of each factor influence using the indicators of efficiency of the land use. Indicators of economic efficiency of land using and the intensity of land use are systemized. Practical importance. The methodical approach of agricultural lands using evaluation in the following areas has been justifed in the article: completeness of land use, rational land use, the level of land use intensity, efficient land use. The methodical approach has been presented to the calculation of potential losses from specific land uses in specific circumstances. It is proposed to assess the land using efficiency on the basis of indicators calculations of environmental and economic damage. Basic scientific principles can be used in the practice of agricultural enterprises. Keywords: management, methodological bases, evaluation, efficiency, and agricultural land use.

DEVELOPMENT OF INNOVATIVE FORMS OF FINANCING IN THE DIGITAL ECONOMY

2021 ◽  
Vol 1 (5) ◽  
pp. 83-92
Author(s):  
O. A. DUBROVSKAYA ◽  
◽  
M. V. MEL’NIK ◽  
Keyword(s):  
Swot Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Main Method ◽  
Foreign Countries ◽  
Business Financing ◽  
Theoretical Foundations

The study presents the theoretical foundations of crowdfunding, describes its models and classifications. SWOT analysis is used as the main method. Weaknesses and strengths, opportunities and threats of alternative financing are considered. The correspondence of different models of crowdfunding to the peculiarities of the activities of enterprises is shown. Of particular interest is the organization of crowdfunding in foreign countries, where this phenomenon is not considered new and is a healthy competitor to traditional sources of business financing. The advantage of the legal regulation of crowdfunding is considering the peculiarities of many its varieties and models.

Sign in / Sign up

Export Citation Format

Share Document