scholarly journals State regulation of space activity by using Blockchain.

Author(s):  
Anna Hurova ◽  
Maria Kirpachova

This research is aimed at detecting legal and organizational requirements for the Blockchain application in State regulation of space activity. The most precise attention is focused on considering the compliance with the space authorization requirements, ensuring the registration of space objects and the implementation of foreign trade agreements within the space sector of the economy. The research is based on results of the previous in-depth study conducted by the authors, which was dedicated to the legal nature of the DLT (distributed ledger technologies), and in particular its most popular example Blockchain, the basic elements and models of the technology, the main spheres of its application in the framework of space activity in order to guarantee realization of rights and compliance with obligations of public and private space actors in the process of conducting the outer space activities, as well as legislative innovations to regulate the utilization of the Blockchain in different countries, as well as international standards and practices and promising legal mechanisms. Thus, the authors created logical preconditions to cover in this publication the prospects of state regulation of space activities in Ukraine using the Blockchain technology. The authors consider usage of different types of Blockchain ledgers (public ledger with authorized access and with/without special validator) to implement different tasks in the process of regulating space activities, such as guaranteeing fulfillment of conditions of foreign economic agreements on the basis of smart contracts concluded between business entities and for maintaining the state register of space objects. The research proposes several scenarios that are acceptable both in terms of technical characteristics of Blochchain and legal requirements under which a number of central authorities can exercise their powers to regulate space activities using distributed ledger technologies. In addition, the study demonstrates an effective mechanism for ensuring the allocation of responsibility for the registration of space objects between the owners of the launch vehicle and payload to prevent situations when the spacecraft remains unregistered in orbit as a result of non-compliance with contractual obligations or non-inclusion of certain clauses in such agreements. The model agreements between Ukrainian and foreign space actors are proposed to be implemented by governmental institutions and used as a preventing instrument, according to which a conflict of laws can be solved and the state responsible for registering space objects in the Blockchain Network can be defined.

Author(s):  
Valentyna Khrapkina ◽  
Hanna Bondarenko

The paper analyzes the organization of effective resource saving of the enterprise. Enterprises need to implement innovative technologies and tools, as well as to motivate all participants in the process to achieve high overall productivity. One of the ways to increase the efficiency and rationality of the activity is the introduction of the management system of development of resource saving enterprise (RSE). The EPR management system is influenced by external and internal factors. One of the main factors of the external environment is the state regulation in the direction of resource saving, because a small number of business entities can turn to the development of resource-saving enterprises without state support. Defined the concept of "resource saving" as a complex positive effect on the state of the company, which combines the economic, social and environmental factors, the result of the implementation of resource conservation is economically viable for the company. The process of resource saving at the enterprise positively affects a wide range of subjects who perceive its results. According to international standards, Ukraine's economy is one of the most resource-intensive in the world through a large proportion of resource-intensive industries, outdated and inefficient technology, extreme depreciation of assets, inefficient systems of transformation and energy supply. World experience in the development and implementation of resource saving programs has a great variety of mechanisms and economic methods to ensure the efficiency of resource consumption in all areas of economic activity. The article highlights the most effective methods and applied to the realities of Ukraine. The study revealed the main problems of Ukrainian enterprises in the management of resource protection and development of resource protection. Today, finding ways of solving these problems and determining the main ways of stimulating enterprise teams and personnel management is especially important for the formation and implementation of an effective system of resource-saving development.


Author(s):  
V. Stoika ◽  

Organization of the state regulation of tourism in Ukraine and opportunities for its improvement on the basis of learning from the experience of leading tourist countries in Europe is the purpose of the study. The notion and main purpose of the state regulation of tourist activities is substantiated. It is established that the history of the state regulation of tourism in Ukraine points to the frequent change and re-organization of its central body, which did not facilitate the development of tourism. Analysis of the role of the state in the organization and development of tourist activities in different countries of the world allowed determining four types of models of the state participation in regulation of tourism as a constituent element of economy of the mentioned countries: American, Budget-Forming, European and Mixed. Experience of leading tourist countries (France, Spain, Great Britain and Italy) convinces of the necessity for the efficient building-up of the state bodies responsible for the development of the mentioned branch. Efficient organization of tourism in a country and its state regulation, cooperation with non-governmental institutions, active promotion of the national tourist product, implementation of efficient promotion and PR activities and a developed tourist infrastructure facilitate interest in this country by the tourists and inflow of monetary resources.


ScienceRise ◽  
2020 ◽  
Vol 2 ◽  
pp. 39-46
Author(s):  
Iryna Kazakova ◽  
Viacheslav Lebedynets

The object of research is the state regulation of the turnover of cosmetic products and some aspects of their implementation in Ukraine. Investigated problem. The issue of import substitution of Ukrainian cosmetic products and the increase in their production and sales in the Ukrainian and foreign markets is an urgent reason for the dynamic development of the cosmetic industry and the diversification of its traditional forms and directions of application. The solution to these problems mainly depends on the level of technical regulation by the state and requires proper legislative support in accordance with the requirements of international standards and EU directives. The main scientific results. The foreign experience of regulatory support and state regulation of the turnover of cosmetic products (CP) is summarized. The problems of technical regulation of cosmetic and medicinal cosmetics in Ukraine are identified. An addition to the draft national technical regulation for cosmetic products is proposed and recommendations for its rational use are given. The prospects of introducing quality management systems at enterprises engaged in activities at all stages of the CP life cycle are determined. Innovative technological product. A model has been developed to improve the current regulatory and technical framework governing the CP turnover in Ukraine, and an algorithm for its implementation is presented. The relevance of methods and means of ensuring the quality, safety and effectiveness of CP by introducing quality management systems at all stages of its life cycle is determined. The scope of the innovative technological product. The developed proposals are recommended for implementation in the system of state regulation of the CP turnover in order to ensure its quality, effectiveness and safety for the health of consumers.


2021 ◽  
Vol 5 (520) ◽  
pp. 241-245
Author(s):  
V. О. Martynenko ◽  

The axiom of present is that Ukraine has a very difficult situation in the sphere of hotel and restaurant business caused by the COVID-19 pandemic. This situation has developed not only due to the underdevelopment of this sphere, also because of the significant shortcomings in the system of the State regulation of entrepreneurial activity in the pandemic, which makes this issue a topical scientific problem. The publication is aimed at analyzing the extant status of operation of the hotel and restaurant business under quarantine restrictions, as well as developing proposals for providing the State support to business entities in order to minimize losses during the COVID-19 pandemic. Theoretical and methodological grounds of research are the basic principles of development of hotel and restaurant business in a crisis, scientific works of Ukrainian scholars. The following methods were used in the course of the research: logical-juristic (to analyze the legislation of Ukraine on measures of the State support for business entities in connection with the COVID-19 pandemic); systematization (defining forms of the State aid); hypotheses and assumptions (in the preparation of proposals for further regulation of the provision of the State support to the hotel and restaurant business). As a result of the research, it is determined that the introduced support measures on the part of the State allowed to reduce the negative impact of the COVID-19 pandemic on the hotel and restaurant sector for the short-term period only. Renewal and further development of this sphere is impossible without the introduction of new approaches to the relations between the State and business, which have established determined in Ukrainian society, without increasing the social consciousness of business and increasing the level of its contact with public authorities. To achieve this goal, it is necessary to improve the system of adjustment of efforts of the State authorities, local self-government bodies and business entities in this sphere.


Author(s):  
W. F. Foster

On September 10, 1971, the United Nations Committee on the Peaceful Uses of Outer Space adopted and decided to submit to the General Assembly for consideration and final adoption a draft Convention on International Liability for Damage caused by Space Objects. Approval of the Convention was recommended by the First Committee of the General Assembly on November 11, 1971; and on November 29, 1971 it was endorsed by the General Assembly. The Convention on International Liability for Damage Caused by Space Objects marks the culmination of a decade of debate and negotiation of the problem of liability for damage arising from outer space activities.


Author(s):  
Martha Mejía-Kaiser

International space law is a branch of public international law. Norms of treaty law and customary law provide a foundation for the behavior of the subjects of international law performing space activities. Five multilateral space treaties are in effect, which are complemented by important recommendations of international organizations such as United Nations (UN) General Assembly Resolutions and International Telecommunication Union (ITU) Regulations. The Inter-Agency Space Debris Mitigation Coordination Committee (IADC), a non-governmental body composed of several space agencies (for instance, the European Space Agency, the United States National Aeronautics and Space Administration, the Japanese Aerospace Exploration Agency, the Russian Federal Space Agency), issued its Space Debris Mitigation Guidelines in 2002. The IADC defines “space debris” as “all man-made space objects including fragments and elements thereof, in Earth orbit or re-entering the atmosphere, that are non-functional” (IADC, 2002, Revision 1, 2007, 3.1. Space Debris). Although the term “space debris” was not included in any space treaty, the drafters of the space treaties considered space objects as “hazardous” because “component parts of a space object as well as its launch vehicles and parts thereof” detach in course of normal launching operations, because space objects can fragment during an attempted launch, and because space objects that re-enter Earth’s atmosphere and survive friction have the potential to cause damage. In addition, radioactive and chemical substances on board space objects may represent a hazard to populations and the environment on the Earth. Besides the threats to aircraft in flight and to persons and property on the surface of the Earth, space debris in orbit is increasing alarmingly and poses a threat to manned space missions and non-manned space objects. While the Convention on International Liability for Damages Caused by Space Objects (Liability Convention, 1972) considers the threats of space objects during launch, in outer space, and when entering the Earth’s atmosphere, there have been efforts to minimize the generation of space debris in orbit, outside the framework of the space treaties. The IADC Space Debris Mitigation Guidelines are a comprehensive list of recommendations to launching states, owners, and operators of space objects. They are increasingly recognized by states through the creation of codes of conduct, national legislation, recommendations of international organizations, and state practice. Furthermore, non-governmental institutions, like the International Organization for Standardization, are providing more detailed technical instructions for the implementation of the Space Debris Mitigation Guidelines, which are a breakthrough for the application of the guidelines by states of different economic and technical standing. Even though states are reluctant to accept new obligations through treaties, recommendations and state practice are becoming powerful instruments to avert the dangers of hazardous space debris that may create damage on the Earth or in orbit. Space debris also is becoming one of the drivers for the initiatives of the United Nations on the long-term sustainability of outer space activities to promote the existing mitigation guidelines and to formulate new guidelines for clearing outer space of debris.


Author(s):  
Elina Morozova ◽  
Alena Laurenava

Space activities are technically sophisticated, challenging, and high risk endeavors. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on the Earth, in air space, or in outer space, can be traced back to the very beginning of the space era. In 1963, just few years after the first ever artificial satellite was launched, international liability was declared by the UN General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects, which are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called “launching states,” as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to settle liability issues, including those arising from commercial launches, however, it is not always mandatory. Frequently, space-related accidents involve non-functional space objects and their component parts, which are usually referred to as space debris. This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the non-functional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called “space debris.” This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.


2020 ◽  
pp. 7-15
Author(s):  
L.M. Parente

The article examines the historical and legal preconditions for the formation of self-regulation in Ukraine and other countries. On the basis of the conducted research, the peculiarities of the development of self-regulation in the territory of Ukraine in different historical periods are determined. The preconditions for the formation of the institution of self-regulation in the field of management and professional activity are described. It is determined that self-regulation has been inherent in society since the beginning of the primary forms of the common cause. The primary forms of SROs developed rules of professional activity, performed the functions of control and supervision due to the vacuum of state regulation in such areas. The peculiarity of such organizations was certain legalization by the state. Such SROs regulated their own activities at the level of development and adoption of local acts. A feature of national self-regulation was the transition from voluntary to compulsory regulation. to distinguish three periods of development of legislative support in the field of self-regulation. Declarative (from 1991 to 1996): this period is characterized by the formal consolidation at the legislative level of the right of participants in public relations to create an SRO. However, the status of SROs was practically not regulated at the legislative level. At the state level, there was no strategy for the development of self-regulation in the field of management and professional activities. Institutional (from 1996 to 2016): during this period the system of delegation of powers from public authorities of the SRO, the system of legalization of the SRO is introduced. However, the rules on SROs are still chaotic, there is no clear mechanism for control and supervision of SRO activities by public authorities, the concept of participation in SROs as business entities and persons of certain professions is not defined. In a number of areas, despite the consolidation of the right to create SROs at the level of laws, SROs have not worked. Reformation (from 2016 to the present): characterized by the development at the legislative level of the Concept of reforming the institution of self-regulation, which outlines the problematic issues of the institution of self-regulation in Ukraine, identifies areas for improvement. Keywords: self-regulation, a self-regulatory organization, the sphere of management, professional activity, a delegation of powers.


Author(s):  
Anja Nakarada Pečujlić

The adoption and entering into force of the 1975 Convention on Registration of Objects Launched into Outer Space (also known as the Registration Convention) was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS) and it represents a lex specialis to the Outer Space Treaty (OST), elaborating further Articles V, VIII, and XI of the OST. Article V OST deals with safe and prompt return of astronauts in case of distress or emergency landing to the state of registry of their space vehicle, which is then further defined in the Registration Convention. Article VIII OST only implied registration and provided for the consequences thereof, namely in respect of exercising jurisdiction and control over a registered space object. However, the Registration Convention specified the ensuing obligations and regulated the necessary practical steps of space objects registration. The Registration Convention also complements and strengthens Article XI OST, which stipulates an obligation of state parties to inform the secretary-general of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of “jurisdiction and control” as a comprehensive concept mentioned in Article VIII OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk of putting, for example, weapons of mass destruction secretly into orbit. Notwithstanding these important objectives, the negotiation history of the Convention and its lower number of ratification compared to the previous three space treaties testify to the numerous challenges that surround registration. The mandatory marking of space objects was one of the most heated points of debate between member states during the drafting of the Convention in the 1970s. Member states had conflicting views, depending on whether they were launching states or potential victims of launch failures. Additionally, questions on whether there should be one central or several registers and whether the type of information to be registered should be obligatory or optional were also pivotal in the discussion. It took five years of negotiation for member states to reach compromises and to adopt the Registration Convention, containing 12 articles. The articles covered issues ranging from registration procedure and different registries to amendments and withdrawal from the Convention. In addition, the following novelties were introduced: a new definition on “state of registry” was included; the “Moscow formula” was abandoned as the depositary was moved to the UN; and the “in five years review” clause found in Article X signified that the drafters were anticipating that technological developments could have such an impact on the Convention’s provisions that shorter time span between reviews were required than in previous space treaties. Despite the Convention’s novelties and its objective to protect the attribution of jurisdiction and control on the basis of a registry, as well as to ensure the rights provided in the Liability Convention and the Rescue and Return Agreement by offering means to identify space objects, the articles dealing with joint launch registration and registration by Intergovernmental Organizations (IGOs) are seen as weakening jurisdiction and control concept. Due to the fact that jurisdiction and control stay only with the state of registry, the other launching states may only conclude appropriate agreements to retain any of these rights. Thus, international responsibility and liability remain with all the launching states, but jurisdiction and control only with the state of registry. Furthermore, in the case of an IGO, the IGO does not have the sovereign authority to exercise jurisdiction and control, thereby raising the question who could do so instead of or on behalf of an IGO. In this regard, the Convention leaves important areas unregulated. In the following years, there were proposals to expand the Registration Convention to encompass other subject matters such as financial interests of assets in outer space; however, up until today, these issues remain regulated only by the UNIDROIT Space Assets Protocol.


2021 ◽  
Vol 6 (2) ◽  
pp. 191-202
Author(s):  
Taufik Rachmat Nugraha

Space activities have shown significant progress since they begin in the late '50s. Under current development, the U.S. with Artemis program and Luxembourg with its space mining program will enhance their outer space involvement. Most of those programs will elevate private sector involvement. Furthermore, the future space program will mainly intersect with the space environment as the primary consideration. It remains high-risk activities that could have catastrophic results if not regulated immediately. However, the current existing space law began obsolete because it was composed more than 50 years ago and too geocentric by putting the earth as the primary protection area. Consequently, existing space law could not govern future space programs properly, including protecting the space environment defense, Etc. Afterward, this paper will introduce the space-centric concept. Space-centric concepts create to answer future space challenges from legal perspectives. This concept emphasizes how future regulation and policy should cover all space objects equally, recalling outer space is vulnerable to such activities by humans, and how the best way to mitigate unforeseeable calamity on outer space.


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