The problem of development of space law in Ukraine: history and modernity

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Anastasia Korchevskaya
Keyword(s):  
Soviet Union ◽  
Outer Space ◽  
National Level ◽  
Developed Countries ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Space Industry ◽  
The Soviet Union ◽  
Space Law

Problem setting. One of the important achievements of humanity of the twentieth century is the development of outer space, has formed the need for legal regulation of this area of human activity at the international and national level. Ukraine, which at that time was part of the Soviet Union directly participated with other developed countries of the world in the formation of space law. After gaining independence, it joined international documents regulating the use of outer space, and it developed its own national space legislation. The purpose of this work is to analyze the genesis of international space law, its application and development and implementation in the Ukrainian legislation; find out the problems that hinder the full development of the space industry in Ukraine. Analysis of scientific research. The subject of space law has been studied by legal scholars in various aspects. One of the first works of foreign scientists on space law was the study of the Czech lawyer Volodymyr Mandla, the following scientists also made their efforts: Endryu G. Kheyli, L. P. Anufrieva, A.Kh. Abashidze, K.A. Bekyashev. Ukrainian scientists are dealing with the problems of space law: Malisheva N. R., Atamanenko B. A., Biegliy B. A, Perederey R. B., Kudryavchenko O. B., Redchits’ N. E. Article’s main body. The current international situation has raised new questions on the development of the space industry: the delimitation of outer space and airspace, the international legal status of the geostationary orbit, the need for an international instrument to prevent the potentially harmful effects of space activities on outer space and the Earth’s environment. All these problems need to be solved as soon as possible. Conclusions and prospects for development. With the beginning of space exploration in the XX century, Ukraine as part of the Soviet Union took an active part in the development of outer space, with independence the state failed to overcome the systemic economic crisis, which led to stagnation of the space industry, slowed down the development of space law, that in most cases it is used exclusively in international cooperation with more developed countries in the space industry and the launch of a few unmanned space objects. In our opinion, there are the following factors that create obstacles to the successful development of the space industry and research in this area, namely: the state allocates a limited amount of funds for space science, there is a large outflow of scientific personnel abroad; due to the long-term unstable economic situation, foreign investors refuse to invest their funds due to the risks of their loss. In our opinion, only after the settlement of these problems, it will be possible to successfully develop the space industry and further develop space law.

scholarly journals National appropriation of natural resources in the international space law

2021 ◽  
pp. 46-59
Author(s):  
Olesya Andreevna Popova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Outer Space ◽  
National Level ◽  
The United States ◽  
Legal Regulation ◽  
Legal Regime ◽  
International Space ◽  
Space Law ◽  
Celestial Bodies

This article examines the problem of international legal regulation of the activity on the use of natural resources in outer space. The author provides the results of analysis of the international outer space treaties, resolutions of the United National General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. There is currently no universal international legal regulation of the legal status and regime for the use of natural resources in outer space. The activity on the extraction of natural resources requires the development of corresponding international legal norms. The two alternative positions are being discussed – the concept of the “common heritage of mankind” developed in the international law of the sea, and the Artemis Accords advanced by the United States. The following conclusions were made: the prohibition of national appropriation of outer space and celestial bodies is applicable to the countries and private entities. The International space law does not have explicit ban on the use of space for the purpose of extraction and commercial exploitation of natural resources. However, natural resources are a part of outer space and celestial bodies; therefore, in the absence of special norms regulating their legal status and regime of usage, they should fall under the legal regime established for outer space and celestial bodies. The author observes a trend of development of legal regime for the use of natural resources of outer space on the national level with transition to the international level. The acquired results can be applied in interpretation of the provisions of international space law and development of international norms with regards to legal status and regime of usage of natural resources in outer space.

scholarly journals The Constitution of “developed Socialism” as an instrument of political-legal construction of reality

2021 ◽  
pp. 19-27
Author(s):  
Viktor Sergeevich Pletnikov
Keyword(s):  
Soviet Union ◽  
Legal Regulation ◽  
The State ◽  
Soviet Society ◽  
Target Setting ◽  
Stage Of Development ◽  
The Soviet Union ◽  
Basic Law ◽  
Legal Construction

This article discusses the quality of constitutional-legal regulation and nature of the state of “developed socialism” based on comprehensive analysis of the text of the 1977 Constitution of the Soviet Union. The subject of this research is the target points enshrined in the Basic Law of the country and used for construction of the essential, institutional, functional-activity, normative-regulatory, and effective principles of the model of the state of "developed socialism". Such material allowed classifying the objectives specified in the 1977 Constitution of the Soviet Union, and determining the integrity of target-setting of the legislator in terms of state-building at the new stage of development of Soviet society. Using the model of the state as an instrument for cognizing state-legal life tailored to the needs of goal-setting of human activity, it is concluded that the 1977 Constitution of the Soviet Union is not qualitative instrument that ensures state-legal development of the country. A range of goals stated stipulated in the Basic Law of the country of 1977 duplicate similar provisions enshrined in the 1936 Constitution of the Soviet Union, and do not reflect the needs of the state of “developed socialism”. In view of the progressive goal reflected in the preamble of the 1977 Constitution, it has turned into the instrument of political-legal construction of reality.

scholarly journals Recognition of the state in modern international law (on the example of Kosovo)

2020 ◽  
pp. 18-22
Author(s):  
Kateryna Yefremova ◽  
Ivanna Maryniv
Keyword(s):  
Soviet Union ◽  
International Law ◽  
The State ◽  
Main Body ◽  
Legal Doctrine ◽  
Constitutive Theories ◽  
Current State ◽  
International Recognition ◽  
The Soviet Union ◽  
Definition Of

Problem setting. International science has long been discussing the mechanism of legal recognition of newly created states. And in general the need for the existence of such an international legal institution as the recognition of states. If until the twentieth century this institution was considered as a purely theoretical component of the science of public international law, then with the collapse of the Soviet Union, Yugoslavia, Czechoslovakia, more than twenty new statessubjects of international law were formed. The need for their recognition by the international community has actualized the interest in this institution in international law. However, since then, the mechanism and criteria for such recognition have not been unified. Therefore, for example, the situation with the recognition of Kosovo still remains quite ambiguous. Target of research. The purpose of this study is the trace genesis of the development of the institution of recognition of states in international law, provide a doctrinal definition and scientific criteria for the recognition of states. On the example of Kosovo to analyze the current state of privately defined states in terms of their powers in the international arena. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: L. V. Shpakovsky, V. V. Ishchenko, T. V. Tsymbrivsky, P. V. Otenko, Yu. P. Ignatiuk, I. Ye. Khmelyova, A. I. Grigorshin. This question has been studied among foreign researchers: E. A. Kholina, R. Karaev, D. A. Budko. Article’s main body. The article considers the main approaches to the institution of international recognition of states. Examples of criteria for such recognition are proposed by both international legal doctrine and international organizations in the process of their functioning and interaction with states. Declarative and constitutive theories of recognition of states are analyzed. It also examines the current state and status of Kosovo as a partially recognized state. Conclusions and prospects for the development. The problem of international recognition of the state is extremely important and needs to be resolved as soon as possible. That the very ability of recognized national institutions to respond quickly to the principles of society and geopolitical changes are the marketing dynamics of the development of the entire world community. In this regard, it is appropriate to systematize and harmonize the existing norms on the international definition of states and to carry out their further codification. Since most countries of the world still recognized Kosovo as a newly created state, in our opinion, such recognition is appropriate for all other countries. For other unrecognized territories, each case of recognition of new countries before the creation of a single codified act should be considered individually and not through the prism of the formation of Kosovo.

The Soviet period of development of legal regulation of the civil service grade structure

2021 ◽  
pp. 1-9
Author(s):  
Aleksei Semin
Keyword(s):  
Soviet Union ◽  
National Economy ◽  
Civil Service ◽  
Service System ◽  
Legal Regulation ◽  
The State ◽  
Hierarchical System ◽  
Soviet Period ◽  
The Soviet Union ◽  
State Apparatus

This article examines the evolution of approaches towards creation and regulation of the civil service grade structure in the Soviet Unions. The author describes the logically differentiated stages, as well as the general provisions of the approaches, namely the refusal to separate the official of the state apparatus from all employees of the sectors of the national economy, and simultaneous substitution of the state apparatus for the party apparatus. The author outlines the trajectories of development of the civil service system as a whole and the state civil service as its part. Special attention is given to the attempts of creating a hierarchical system of personal ranks. The development of the institution of nomenclature is reviewed separately. The conclusion is made on underdevelopment of the administrative legal institution of the civil service in the Soviet Union, due to the absence of uniform approach towards regulation of the civil service grade structure. The attempt to create the civil service grade structure were unsystematic, did not distinguish between the officials of the state apparatus and the servants employed in the national economy; there were also no fundamentally different approached towards understanding the grade structure – on various stages, the base unit of building a hierarchical system were the categories “post” and “personal rank/title”. The author indicates no correlation between  the personal ranks, military ranks, and ranks of the internal affairs bodies.

Russian Protectionism: Problems of Institutional Heritage

2012 ◽  
pp. 96-114
Author(s):  
L. Tsedilin
Keyword(s):  
Economic Policy ◽  
Soviet Union ◽  
Foreign Trade ◽  
Economic Integration ◽  
The State ◽  
New Economic Policy ◽  
The Soviet Union ◽  
State Monopoly ◽  
The Times ◽  
Soviet Experience

The article analyzes the pre-revolutionary and the Soviet experience of the protectionist policies. Special attention is paid to the external economic policy during the times of NEP (New Economic Policy), socialist industrialization and the years of 1970-1980s. The results of the state monopoly on foreign trade and currency transactions in the Soviet Union are summarized; the economic integration in the frames of Comecon is assessed.

Condition of the Armenian Apostolic Church at the Time of Coming to Authority N. S. Khrushchev

2020 ◽  
pp. 245-265
Author(s):  
Арсен Артурович Григорян
Keyword(s):  
Soviet Union ◽  
Research Methods ◽  
Russian Federation ◽  
National Archive ◽  
The State ◽  
State Archive ◽  
The Soviet Union ◽  
The Usa ◽  
The Russian Federation ◽  
Apostolic Church

Цель данной статьи - описать условия, в которых Армянская Апостольская Церковь вступила в эпоху правления Н. С. Хрущёва, начавшуюся в 1953 г. По содержанию статью можно поделить на две части: в первой даются сведения о количестве приходов на территории Советского Союза и за его пределами, а также о составе армянского духовенства в СССР; во второй излагаются проблемы, существовавшие внутри Армянской Церкви, и рассматриваются их причины. Методы исследования - описание и анализ. Ценность исследования заключается в использовании ранее неопубликованных документов Государственного архива Российской Федерации и Национального архива Армении. По итогам изучения фактического материала выделяются основные проблемы Армянской Апостольской Церкви на 1953 г.: финансовый дефицит, конфликт армянских католикосатов и стремление враждующих СССР и США использовать церковь в своих политических целях. The purpose of this article is to describe the conditions in which the Armenian Apostolic Church entered the epoch of the reign of N. S. Khrushchev, which began in 1953. The article can be divided into two parts: first one gives information about the number of parishes in the territory of the Soviet Union and beyond, and about the structure of the Armenian clergy in the USSR; the second one sets out the problems that existed in the Armenian Church and discusses their causes. Research methods - description and analysis. The value of the study lies in the use of previously unpublished documents of the State Archive of the Russian Federation and the National Archive of Armenia. Based on the results of studying the materials, the main problems of the Armenian Apostolic Church in 1953 are: financial deficit, the conflict of Armenian Catholicosates and the eagerness of USSR and the USA, that feuded with each other, to use the Сhurch for their political purposes.

Socio-political problems of residents of Вishkek residential areas

2021 ◽  
pp. 346-356
Author(s):  
Rita Bobuevna Salmorbekova ◽  
Dilshat Karimova
Keyword(s):  
Soviet Union ◽  
The State ◽  
Residential Areas ◽  
Sociological Study ◽  
Expert Survey ◽  
Education And Health ◽  
The Soviet Union ◽  
Rational Distribution ◽  
Internal Migrants ◽  
The City

The article examines the problems of the population of the residential areas of the city of Bishkek based on the sociological study. An expert survey carried out in four districts of Bishkek is presented. After the collapse of the Soviet Union, more than 50 new residential areas appeared in the city. Naturally, new residential areas do not have sufficient infrastructure for the population to this day. The current situation with internal migrants in Kyrgyzstan violates the regional demographic balance and the rational distribution of the population across the country. The population is moving actively at the interdistrict and interregional levels. As a result, the main influx of internal migrants moves to Bishkek and Chui Region. The problem of researching the state of the new residential areas in Bishkek is relevant for modern Kyrgyzstan. However, the official statistical base does not cover all citizens living in new buildings, since most residents do not have a residence registration in the area. 75–80 % of the population does not have education and health services. In many residential areas, social facilities, roads, and communications have not been built yet, and the infrastructure as a whole is not developed. Ignoring the issue on the part of the state can lead to a social explosion, expressed by protest actions, exacerbation of social and interregional conflicts among residents of the given area. Based on this, it was necessary to conduct an expert survey among the representatives of the municipal territorial authorities of each district. The main problems of residents of the new residential areas were studied as much as possible.

Гocкaпитaлизм, Coциaльныe Клaccы, Культуpный Лaндшaфт Coвeтcкoй Дepeвни Cтaлинcкoгo и Пocлecтaлинcкoгo Bpeмeни

2016 ◽  
Vol 43 (3) ◽  
pp. 301-337 ◽  
Keyword(s):  
Soviet Union ◽  
The State ◽  
Specific System ◽  
State Capitalism ◽  
Agrarian Society ◽  
Cultural Transformations ◽  
Leading Role ◽  
Economic Exploitation ◽  
The Soviet Union ◽  
The 1960S

This article analyzes socio-economic and cultural transformations in the Soviet village from the end of the 1920s until the 1980s. The authors identify the agrarian system of that time as state capitalism and reveal that during the 1950s and 1960s, capital that played a leading role in Soviet agriculture. The authors argue that the emergence of state capitalism was due to the interaction of the state, collective farms, and peasant holdings. The preservation of traditional peasant holdings allowed the state to build a specific system of non-economic exploitation, the core of which existed until the beginning of the 1960s. The authors connect the formation of agrarian capitalism with the creation of new rural classes. The authors conclude that from the 1920s to the 1980s, a combination of economic, political and socio-cultural factors led to the transformation of the agrarian society in the Soviet Union into the state capitalism.

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