scholarly journals LEGAL CONSIDERATIONS SURROUNDING SURROGACY IN UKRAINE

2020 ◽  
Vol 73 (5) ◽  
pp. 1048-1052
Author(s):  
Oleg M. Reznik ◽  
Yuliia M. Yakushchenko

The aim of the study is to analyze the legal framework regulating surrogacy relations in Ukraine, its main loopholes and collisions, and provide suggestions to improve the Ukrainian legislation on surrogacy. Materials and methods: The methodological framework of the research consists of general methods of analysis and synthesis, formal logical method and formal legal method. Conclusions: The procedure for the implementation of surrogacy in Ukraine is enshrined in several regulatory acts. Ukrainian legislation has some loopholes and collisions, representing the challenges that have to be addressed in the nearest future. It is necessary to reconsider the existing legal acts to strengthen state control and supervision in this area for proper protection of the rights and responsibilities of subjects entering surrogate agreements.

Author(s):  
I.M. Konovalenko

Ассоциация независимых российских семенных компаний (АНРСК) системно продвигает свою позицию на всех уровнях власти. Одним из самых основных вопросов в работе ассоциации на сегодняшний день остается приведение законодательной и нормативно-правовой базы в отвечающее и дающее развиваться отрасли русло. Цель работы: проанализировать современную законодательную и нормативно-правовую базу в сфере селекции и семеноводства овощных культур и выявить в ней проблемные области, требующие принятия соответствующих поправок. При анализе использовали абстрактно-логический метод, включающий совокупность приемов индукции и дедукции, анализа и синтеза, аналогии, сопоставлений, системно-структурный анализ, методы формализации, моделирования, прогнозирования. Обосновано, что только став конкурентоспособным, сельское хозяйство и отдельные его отрасли, могут получить часть мирового рынка, в котором сегодня по целому ряду отраслей Россия серьезно уступает другим государствам. Показана роль частных селекционных компаний, мировых зон товарного семеноводства и ассоциаций в формировании цивилизованного рынка семян овощных культур. Дается определение стран с европейской и американской моделью законодательной базы. Приводятся факты поддержки государством селекционных компаний за рубежом. Сделан вывод о том, что во всех странах, в которых работают селекционные и семеноводческие компании, со стороны государств системно создаются благоприятные условия для их развития. Поэтому, если сегодня в РФ ставятся задачи импортозамещения и создания экспортного потенциала, нужно объективно взглянуть на состояние отечественной селекции и семеноводства овощных культур, определить их путь развития и создать под это соответствующую законодательную и нормативно-правовую базу. Нужны грамотные системные профессиональные решения, соответствующие законодательные и нормативно-правовые акты, а также снижение административной нагрузки.The Association of independent Russian seed companies (AIRSC) systematically promotes its position at all levels of government. One of the most important issues in the work of the Association today is to bring the legislative and regulatory framework in line with the development of the industry. Objective: to analyze the current legislative and regulatory framework in the field of selection and seed production of vegetable crops and identify problem areas that require the adoption of appropriate amendments. The analysis used an abstract logical method that includes a set of methods of induction and deduction, analysis and synthesis, analogy, comparisons, system-structural analysis, formalization, modeling, and forecasting. It is proved that only by becoming competitive, agriculture and some of its branches can get a part of the world market, in which today Russia is seriously inferior to other countries in a number of industries. The role of private breeding companies and world zones of commodity seed production and associations in the formation of a civilized market for vegetable seeds is shown. The definition of countries with the European and American model of the legal framework is given. The facts of state support for breeding companies abroad are given. It is concluded that in all countries where breeding and seed companies operate, favorable conditions for their development are systematically created by the States. Therefore, if today the tasks of import substitution and creation of export potential are set in the Russian Federation, it is necessary to take an objective look at the state of domestic selection and seed production of vegetable crops, determine their path of development and create an appropriate legislative and regulatory framework for this. We need competent system professional solutions, appropriate legislative and regulatory acts, and reducing the administrative burden.


2021 ◽  
Vol 66 ◽  
pp. 251-256
Author(s):  
V.V. Zaborovsky ◽  
V.V. Manzyuk ◽  
A.V. Stoika

This research is devoted to the disclosure of the institution of precautionary measures, namely - securing the claim, which is one of the procedural mechanisms for ensuring access to justice. Because it is the possibility of execution of the final court decision that will ensure a fair trial for each participant in the process. To ensure the reliability and completeness of the results obtained by the authors in this study used a set of general and special methods that are characteristic primarily of legal science. The integrated use of such methods ensured the achievement of the purpose and objectives of the study, as well as the persuasiveness of the conclusions. In particular, the dialectical method was used to study the legal nature and significance of the institution of precautionary measures in civil and commercial proceedings. Methods of analysis and synthesis were used in the formulation of basic concepts, such as «precautionary measures», «securing the claim» and so on. The historical and legal method allowed us to focus on the process of legal regulation and legislative consolidation of the institution of security measures. The formal-logical method was used in the analysis of the norms of the current legislation and theoretical developments concerning, in particular, the essence of procedural tools of accessibility or restriction of access to justice. The empirical basis of the study was the materials of domestic judicial practice. Based on the study, the authors conclude that securing the claim as a procedural phenomenon cannot remain unchanged, it acquires new features over time, loses archaic elements, but still does not lose, but rather, on the contrary, increases its importance in modern civil process. Now securing the claim is an integral part of the institution of security measures (along with the provision of evidence), which corresponds to the protected function. Thus, the actual enforcement of court decisions is largely intended to guarantee the institution of securing the claim as one of the types of precautionary measures. Participants in civil proceedings apply to this institution in order to guarantee the execution of future court decisions and prevent them from causing significant harm.


2020 ◽  
Vol 73 (10) ◽  
pp. 2289-2294
Author(s):  
Tetіana A. Pavlenko ◽  
Tetіana Ye. Dunaieva ◽  
Marina Yu. Valuiska

The aim of this article is to explore the ways of euthanasia regulation and to propose the most effective one. Materials and methods: The authors of the article used the methods of analysis and synthesis, a comparative legal method. The scientific literature is evaluated and analyzed along with the experience of European countries, data of Ukrainian and international organizations and the results of scientific researches. Conclusions: the understanding of euthanasia should be reviewed in terms of the possibility in exceptional cases of its executing for terminally ill person. This is an inherent human right. However, it is established that the right to dispose of his life belongs exclusively to the bearer of this right and it cannot be delegated.


2021 ◽  
Vol 5 (S4) ◽  
pp. 162-170
Author(s):  
Valerii Marchenko ◽  
Cheng Yunjia ◽  
Lin Yitong ◽  
Iryna Antonyuk ◽  
Oleksii S. Khovpun

The transformation of symphonic music is an understudied subject for research. It has changed since the beginning of the 20th century and it can even be said that symphonic music has lost its popularity. An important feature of contemporary symphonic music is its transformation and acquiring a different form. Still, it remains in demand for the theatrical world. The authors aimed to investigate modern trends in symphonic music and works of contemporary composers. For studying examples of contemporary symphonic music and its performance on theatrical stages the authors used the following methods: historical research methods which formed the methodological framework of the study; methods of analysis and synthesis which were used to study information about contemporary symphonic music, contemporary composers, as well as their musical works. Contemporary pieces of symphonic music presented on the theatre stage were considered.


2020 ◽  
Vol 9 (29) ◽  
pp. 507-515
Author(s):  
Anatoliy Bereza ◽  
Vyacheslav Kazmirenko ◽  
Olena Tsilmak ◽  
Oksana Melenko ◽  
Olena Shvedova

The purpose of the article is to analyze the regulatory framework for urban policy in some European countries in order to emulate their positive experience and to implement it in Ukrainian legislation. Methodology. The study used general scientific and special methods of legal science, in particular, analysis and synthesis method, logical method, logical and semantic method, historical and legal method, comparative and legal method. The results of the study. The foreign practice of regulatory framework for urban policy provision, the features of its development and implementation have been considered. The content of urban policy in a number of European countries (Latvia, Finland, France and the Czech Republic) has been studied and the relevant programs implemented by the European Union have been examined. Practical implications. The experience of foreign countries has shown that State urban policy is not always set out in a single document, but as a rule is presented in several legal acts or is a component of other State programs, especially in the area of regional policy. Value/originality. The authors have proven that taking into account the peculiarities of regulatory framework for urban policy in Ukraine, it would be appropriate to adopt a separate document on urban policy that would consider the European practice and legislation of the European Union in this area, as well as the peculiarities of Ukrainian cities.


Author(s):  
Chyzh Sergii Anatoliyovich ◽  
Shahova Kateryna Volodymyrivna ◽  
Dereviahin Oleksii Oleksandrovich ◽  
Dal Adam Lavrentiiovych ◽  
Saltovets Sergii Anatoliyovich

The subject of the investigation are the operational maintenance objects of the machine-building complex and the recreational-tourism sphere by criminal police divisions. The research methodology includes the following methods: general and special legal: monographic method, method of analysis and synthesis, comparative legal method, classification method, statistical method, abstract-logical method. Scientific approaches to operating service definition are considered. An analysis of the machinery construction complex and the tourist and recreational field was carried out to achieve high standards of its operational service. As a practical dignified facility of the machinery construction complex and the tourist and recreational sphere were ordered in appropriate groups to identify those in need of operational maintenance. It is concluded that the regulations of the Ministry of the Interior and the National Police of Ukraine do not contain provisions that clearly define the content of the institution of operational services and its place in the system of operational and investigative units to combat crime.


2021 ◽  
Vol 118 ◽  
pp. 03008
Author(s):  
Aleksander Aleksandrovich Berzan ◽  
Svetlana Anatolievna Miklava

The purpose of the study is to identify ways to create a system of end-to-end customs control which would improve the efficiency of the activities of customs authorities and increase the level of economic security of the state. The research used methods of analysis and synthesis, formal logical, and comparative-legal method. The analysis of the customs control system resulted in the identified problems that do not allow increasing the efficiency of customs control and the level of economic security of the state. To solve them, the authors propose to organise the collection of primary information at checkpoints across the state border based on the use of objective control means, and to ensure its availability during subsequent customs operations including when declaring goods and in the process of customs control after the release of goods. In addition, it is proposed to ensure the interaction of customs authorities with other state bodies, the introduction of the institution of customs audit and the implementation of a mechanism to stimulate companies to exit the shadow sector of the economy. The novelty of the research is the proposed model of the end-to end control system, which ensures an increase in the efficiency of customs authorities and the level of economic security of the state.


2019 ◽  
Vol 4 (5) ◽  
pp. 36
Author(s):  
Nadiya Bortnyk ◽  
Julia Tsurcan-Saifulina ◽  
Oleksandr Kotukha

The article carries out analysis of essence and content of financial investigations as one of the main countermeasures to shadowing the economy and, in particular, anti-money laundering. Features of the implementation of the FATF Recommendations and other international organizations regarding the legal and institutional support of conducting financial investigations in Ukraine and other European Union countries are determined. Systematization of scientific views on the definition of “financial investigation” and the practice of carrying out the relevant activities both in foreign countries and in Ukraine allowed formulating approaches to the unification of the term “financial investigation” in the national scientific format. The methodological basis of the research consists of general scientific and special methods and techniques of scientific knowledge, which are used as a single set, namely, the logical-semantic method, the method of convergence, and also the formal-logical method are chosen to define the concepts of “financial investigation”, “analytical research”, “anti-money laundering”, “interaction of subjects of the national system of anti-money laundering”, etc. The comparative legal method is used to study the positive foreign and domestic experience of institutional and legal provision of financial investigations in the fight against money laundering, as well as to analyse and characterize the requirements of international organizations regarding the implementation of European Union legislation in the domestic legislation on issues of the legal framework for anti-money laundering. Practical implications of the paper are to reveal and systematize problems to be solved by improving the domestic legal and regulatory framework for organizing financial investigations in the system of anti-money laundering measures, while the new principles of its formation proposed by the authors can be implemented in practical terms and result in improving the information and spatial format and enhancing the interaction of the subjects of ensuring national economic security.


2020 ◽  
Vol 23 (8) ◽  
pp. 922-939
Author(s):  
N.V. Malinovskaya ◽  
M.D. Malinovskii

Subject. This article deals with the issues relating to improving integrated reporting in terms of dovetailing strategic objectives with capital changes. Objectives. The article aims to develop a system of indicators for disclosure of capital types in integrated reporting of electricity generating companies, as well as recommendations aimed at implementing the fundamental concepts and guiding principles of integrated reporting. Methods. For the study, we used the methods of analysis and synthesis, comparison, generalization, and abstraction. As a case study, we conduct a comparative analysis of the disclosure of six types of capital by the largest electricity generating companies, namely PAO Inter RAO, AO Rosenergoatom and PAO RusHydro. Results. The article formulates proposals for disclosure of capital information to address such a lack of accountability as a contradiction to the principle of coherence. It proposes a system of indicators (core and additional) for disclosure of six types of capital by electricity generating companies. Conclusions. A significant reporting problem is the lack of correlation between key strategic objectives and capital changes. The formulated recommendations for disclosure of capital information can help solve this problem, and increase the attractiveness of the integrated report for capital providers.


Author(s):  
Ella Sheludko ◽  
◽  
Mariia Zavgorodnia ◽  

The object of this study is the further development of eco-innovations for the rise of industry and the economy. Emphasis is placed on the growing relevance of "green" incentives in line with climate challenges, the economical use of natural resources, as well as the need for a systematic vision of environmental issues and the implementation of international requirements. The study is based on the work of foreign scientists, international rankings and world best practices for the introduction of modern economic mechanisms of state incentives for greening the economy, green modernization, the transition to a circular model of the economy. There is a difference in the implementation of environmental policy - some local projects in Ukraine and the European approach - with the assessment of eco-innovation, systemic change, the formation of ecosystems, scaling technological solutions. The main methods used in the study are: methods of system-structural analysis, analysis and synthesis, grouping - for preliminary analysis and selection of appropriate tools in the study of the implementation of eco-innovation in Ukraine and EU countries; index valuation method and method of comparative analysis - used in the analysis of public policy to stimulate the company to "green" growth; abstract-logical method - used to establish the relationship between the need to introduce new instruments of public policy in the environmental sphere with elements of large-scale reform in the context of climate modernization of industry and to form a systematic vision of major achievements in implementing international requirements for eco-modernization of industrial enterprises. The paper analyzes the forms of international assistance that can compensate for the lack of available financial resources for the purposes of green modernization of the economy in conditions of limited financial capabilities of the state, intensification of competition for European and international environmental investments. The obtained result - a set of possible tools to stimulate Ukrainian industry - allows more systematic implementation of "greening" of Ukrainian industry, and their implementation and combination in a specific mechanism will determine the success of an industrial socially-oriented economy.


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