Actual issues of improvement of the legal status of demonstration farms as subjects of agribusiness in Ukraine

2021 ◽  
Author(s):  
Olha Kulynych
Keyword(s):  
Agricultural Production ◽  
Legal Status ◽  
Academic Research ◽  
Legal Framework ◽  
Main Body ◽  
Innovative Technologies ◽  
Legal Provisions ◽  
Management Technology ◽  
Domestic Practice ◽  
Technology Marketing

Problem setting. It has been known that the use of advanced technological knowledge for running agriculture is to be one of the most effective factors to ensure the growth of agricultural production. To succeed, agribusiness entities must have legal access to the latest achievements in Economics, Management, Technology, Marketing, Accounting, Taxes, Law, Ecology, etc. Therefore, demonstration farms, as areas where modern achievements in agriculture have been displayed, play a significant role in the spread of innovative technologies and practices in agriculture. Nevertheless, the legal framework for demonstration farms activity has not been introduced in Ukraine. Analysis of recent researches and publications. The information base of the current research is not only extended to the current legislation of Ukraine, but also it includes the latest studies of scholars and scientists in the field of Agriculture and Agrarian Law. Target of research is to provide academic research underlying the issue of introduction legal provisions on legal statutes of the demonstration farm into the framework of agrarian legislation on legal statues of agribusiness subjects. Article’s main body. At present, the best international experience of managing demonstration farms as new subjects of agribusiness, which disseminate the innovative experience of agricultural management among other farms, is becoming more and more essential to introduce into the production of agriculture in Ukraine. However, in our country, there is no proper legal framework for the establishment and operation of demonstration farms, which complicates their activities. In this regard, the analysis of the world’s experience in the operation of demonstration farms as a form of application of innovative technologies in agricultural production by agribusiness entities was made. The most relevant issues of the domestic practice of demonstration farms were considered. Further recommendations to enhance the legal status of demonstration farms as special subjects of agribusiness in Ukraine were given. Conclusions and prospects for the development. The article substantiates the feasibility of adopting a law on demonstration farms, which would determine the legal status of such farms, and formulates proposals for the content of the main provisions of the legal status of demonstration farms, which should be enshrined in the proposed law.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

scholarly journals LEGAL STATUS OF EMPLOYEES IN THE UKRAINIAN SOVIET SOCIAL REPUBLIC (1921–1928)

2020 ◽  
pp. 41-60
Author(s):  
Olha Rudnytska ◽  
Nataliia Rudnytska
Keyword(s):  
Economic Policy ◽  
Policy Implementation ◽  
Industrial Development ◽  
Legal Status ◽  
Comparative Method ◽  
Legal Framework ◽  
Practical Application ◽  
New Economic Policy ◽  
Soviet Government ◽  
Legal Provisions

The aim of the work is to study the legal status of employees in the Ukrainian SSR in 1921–1928, which had its own peculiar features due to the new economic policy implementation by the Soviet government (hereinafter referred to as the NEP). The methodology involves the adherence to the principles of objectivity, scientific character, and historicism, which facilitated the coherent disclosure of the prerequisites, content and consequences of the Soviet government social policy implementation in the Ukrainian SSR, and highlighted the legal status of employees and the specifics of its codification. The combination of historical and legal methods contributed to the consistency of the research, as well as enabled us to assert the novelty of the material under consideration. The historical research of the NEP in the combination with the regulatory and legal framework analysis creates new opportunities for interdisciplinary scientific inquiries. The use of general scientific methods, such as systematization, generalization, chronological and comparative method, historical and legislative method, provides us with a tool to trace the influence of the legal component on the history of the NEP introduction and development in the Ukrainian SSR during the specified period. The scientific novelty aims at providing a detailed historical and legal analysis of the content of the Ukrainian SSR legislation system concerning the legal status of employees during the NEP period. The authors comprehensively investigate its positive aspects, downsides and prospects for practical application in the specified period.The Conclusions. The article has newly provided an article-by-article analysis of regulatory and legal framework, that codified the legal status of Ukrainian SSR employees during the new economic policy (1921–1928). The historical and legislative review of legal provisions enabled us to identify their positive aspects, drawbacks, and prospects for practical application. With the beginning of the curtailment of the NEP, the activities of social insurance authorities changed, they began to focus on the industrial development of the country.The policy implemented by the Soviet government in the late 1920s under the leadership of Josef Stalin, demonstrated an expeditious movement towards authoritarianism, which is incompatible with market relations and special care for the "cogs" (little people) of the system. A system based on the Command and Administration system methods of managing the economy is gradually being formed. The increased exploitation of peasants and workers, the use of violence and political repression changed the legal status of employees in many sectors of the economy.

scholarly journals REFUGEE CHILDREN UNDER THE MALAYSIAN LEGAL FRAMEWORK

2014 ◽  
Author(s):  
Dina Imam Supaat
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Refugee Children ◽  
United Nation Convention ◽  
Rights Of The Child ◽  
Legal Provisions ◽  
International Obligation ◽  
High Commissioner ◽  
The Status ◽  
United Nation

This study will delve into the Malaysian legal framework for the protection of refugee children; their legal status under the law; and guarantee to their rights. It will first identify the general protection under various Malaysian statutes relevant to refugee children. Discussion will continue to emphasise on any adverse effect of the legal provisions on refugee children. This will then followed by analysing Malaysia’s international commitment and obligation relating to children in general with some reference to refugee children. Discussion will touch on the role and mandate of the United Nation’s High Commissioner for Refugee’s (UNHCR) office, to protect refugee, Malaysia’s commitment as a state party to the United Nation Convention on the Rights of the Child (UNCRC) and it’s refusal to ratify the 1951 Convention Relating to the Status of Refugee (CRSR). Other dimension of this paper is the highlight of the adverse effects of inconsistent domestic legal provisions on the enjoyment of rights by refugee children. Finding of this study will show the extent of protection offered to refugee children under domestic laws and the reasons why Malaysia should fulfill its international obligation towards refugee children and further effort that must be initiated to ensure compliance to protection under international law. Keywords: Refugee children, Malaysian law, rights of the child.

scholarly journals Legislative development prospects about social protection of participants of ATO / OUF

2019 ◽  
Author(s):  
A. Yushko ◽  
D. Chizhov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Social Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Main Body ◽  
Internally Displaced ◽  
Candidate Dissertation ◽  
The Status

roblem setting. Due to the annexation of the Autonomous Republic of Crimea, the conduct of the anti-terrorist operation (2014-2018), the operation of the Joint Forces (from 2018 until now), the temporary occupation of certain areas of Donetsk and Luhansk regions, new entities needing social protection (forced displaced persons, citizens of Ukraine who remained in the occupied territories, ATO participants, OUF, family members of victims of such operations, etc.), and there was an urgent need for legal regulation of public relations with these entities. State rulemaking in this area is often haphazard, spontaneous, contradictory, which, as a result, does not allow it to achieve its overriding goal of ensuring adequate social protection for people. In such circumstances, the study of the problems of legal regulation of social and legal protection of ATO / OUF participants as a special subject of such relations is quite relevant. Target of research is to identify problems in the legal regulation of relations on social protection of ATO/OUF participants, as well as to prepare proposals for improvement of legislation in this area. Analysis of recent researchers shows that scientists’ attention to the selected problem is updated. Candidate Dissertation of D. A. Chizhov is devoted to the study of the legal mechanism of ensuring social protection of a person in conditions of military conflict in Ukraine. The legal status of an internally displaced person as a subject of social security law has been studied and analyzed in her dissertation I. S. Basova. Some issues of legal regulation of social protection of military personnel in the area of ATO are also outlined in the scientific works of such researchers as D. Aleksandrov, A. L. Beykun, V. S. Venediktov, O. I. Yermakov, N. V. Fist, S. S. Lukash, O. M. Levchuk, A. Ya. Radizvidlo, D. O. Tzedik, A. A. Shire. Article’s main body. Based on a detailed analysis of scientific works, regulations, statistics in this field, the article concludes that it is advisable to introduce a unified approach to the regulation of social protection of ATO/OUF members and their families and to propose to systematise existing numerous legislation into a single regulatory and legal framework. an act (law) that would cover all aspects of such protection. Conclusions and prospects for the development. On the basis of the above, it was concluded that it is possible to develop and adopt a new regulatory act (law) that would determine the legal status of ATO/OUF participants, equals persons, their families, and consolidate their rights, ensure the creation of proper living conditions , the provision of benefits, benefits and social guarantees in the course of employment in accordance with training and health. In addition, it is proposed to change the approach to establishing the status of a combatant, to introduce several categories of combatants depending on certain criteria (period of service, its duration, area of service), which will differentiate benefits, benefits and social guarantees to such persons.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

Cultural diplomacy: symbiosis of cultural and legal potential

2021 ◽  
pp. 89-95
Author(s):  
Oksana Stasevska ◽  
Illia Malanchuk
Keyword(s):  
Foreign Policy ◽  
Cultural Heritage ◽  
Cultural Diplomacy ◽  
Armed Forces ◽  
Legal Framework ◽  
Legal Aspects ◽  
Modern World ◽  
Main Body ◽  
Cultural Images

Problem setting. The study of the potential of cultural diplomacy has been growing rapidly in recent times. This is due to the realization of the failures of traditional and «force» diplomacy, which often demonstrate the inability to ensure the successful solution of important international problems. Researchers note the need to use cultural diplomacy to intensify and increase the effectiveness of international cooperation. Target of research. Understanding the actualization of cultural diplomacy of Ukraine in the modern world, an attempt to analyze its legal basis. Analysis of resent researches and publications. The concep «cultural diplomacy» is more common in scientific discourse. Scientists such as D. Vedeneev, V. Kostrov, T. Peresunko, N. Musienko, V. Tsyvaty, M. Kulinich, O. Rozumna, and others have contributed to the development of the role of cultural diplomacy in the foreign policy vector of the Ukraine. Political science works predominate among the researches. Few works analyze the legal aspects of cultural diplomacy. Article’s main body. In the context of globalization there is a loss of national origins. Therefore, states must use all their potential to preserve and enhance their own and the world’s cultural heritage, mutual understanding and support of interethnic harmony. International legal thought defines the concept of «diplomacy» in different ways, sometimes identifying it with international law or foreign policy. However, diplomacy is one of the most important tools of foreign policy, along with its components such as the armed forces, intelligence, economic ties, and so on. Cultural diplomacy is a type of diplomacy that uses the country’s cultural heritage as a means to an end. The role of cultural potential in international relations is highly valued. It is cultural diplomacy, not the use of force to impose political, ideological ideas, which aims to unite countries. Ukraine is returning to the active use of cultural diplomacy tools in the XXI century, when there was an urgent need for broad international support for the implementation of ambitious European integration plans. The system of coordination, stimulation and organization of cultural activities at the international level allows identifying the tasks of cultural diplomacy of Ukraine. Ukrainian cultural diplomacy based on international legal instruments ratified by Ukraine and acts of national legislation. The analysis of the problem allows determining the urgent task of creating a favorable legislative framework for the maximum effectiveness of cultural diplomacy. Conclusions and prospects for the development. The filling of legal gaps in cultural diplomacy should take place in the vector of recognition of culture as a subject of foreign policy, awareness of its reputational and social potential. Ukraine faces the task of updating old and finding new cultural images and symbols to create a decent image of the country, as well as to create an appropriate legal framework for the effective implementation of the tasks of cultural diplomacy.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

Ensuring the rights of refugees in case of bringing administrative responsibility as a guarantee of realization of their legal status in Ukraine

2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
State Institutions ◽  
Legal Documents ◽  
Administrative Legislation ◽  
Political Persecution ◽  
Administrative Responsibility

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.

scholarly journals MODERN TRANSFORMATION AND PROBLEMATIC ASPECTS OF TAXATION OF THE FINANCIAL RESULTS OF INSURERS IN UKRAINE

2017 ◽  
pp. 19-33 ◽  
Author(s):  
Oleksandr KVASOVSKYI ◽  
Mykola STETSKO
Keyword(s):  
Financial Performance ◽  
Income Tax ◽  
Legal Framework ◽  
Insurance Companies ◽  
Pension Insurance ◽  
Effective Tax Rate ◽  
Tax Rate ◽  
Direct Taxation ◽  
Legal Provisions ◽  
Before And After

Introduction. Today the problem of establishing an effective taxation technology of domestic insurers' financial results has not been finally solved. That technology would ensure achieving fiscal objectives of budget revenues improvement and the implementation of the regulatory capacity of the tax regime to enhance the development of the insurance market in Ukraine on the principles of transparency and legitimacy of the business. Purpose. The purpose of the article is critical analysis of recent transformations in the method of taxation of the financial performance of insurance companies in Ukraine, assessment of their impact on the dynamics of national insurance organizations budget revenues in recent years, a clear identification of legal conflicts and problematic aspects of the insurers' profit and income tax collecting procedures with a view to their elimination. Results. The article looks into the major differences in innovation and methodological approaches to taxation of the financial performance of domestic insurers before and after January 1, 2015. The work characterizes the dynamics of absolute and relative indicators of income tax on profits from insurance companies to the consolidated budget of Ukraine in 2012-2016 (compared to banks) from a position of impact of changes in tax regime for insurers. The research also revealed a number of legal contradictions and problematic issues in the current procedure for determining taxable profits of insurance organizations in the consideration of tax differences, calculating the income tax of taxable item in the neglecting of the revenues and transmission of insurance payments (contributions, premiums) for reinsurance operations and so on. Conclusion. A number of recommendations to improve the technology of direct taxation of insurance companies' corporate income tax and indirect taxes on insurance premiums, namely: clear distinction of mentioned fiscal duties; revision of the legal framework regarding the collection of insurers’ income tax (detailed definition of the list of costs for the calculation of financial results of the insurer before tax, establishing a list and approval of scientifically based methods of calculating insurance reserves for the calculation of taxable income, specification of legal provisions regarding taxation of insurance companies that specialize in life insurance, and longterm pension insurance); the introduction of preferential tax treatment of small profit insurance organizations through the establishment of progressive tax rates; gradual reduction of the effective tax rate for insurance companies.

scholarly journals Legal status of subjects carrying out independent financial control in Ukraine

2019 ◽  
Author(s):  
O. Dmytryk
Keyword(s):  
Financial Reporting ◽  
Legal Status ◽  
Legal Regulation ◽  
Professional Organization ◽  
Financial Control ◽  
Financial Policy ◽  
Successful Implementation ◽  
Main Body ◽  
Professional Self ◽  
Definition Of

Problem setting. The importance of financial control in the formation of market relations is significantly increasing, because such control contributes to the successful implementation of the financial policy of the state, ensuring the proper formation, distribution (redistribution) and the use of funds accumulated in public funds. In addition, it should be noted that financial control is a means of regulating economic activity. In this context, legal support for financial control is of great importance. Independent financial control is a form of non-governmental financial control that can be exercised by specialized organizations – audit firms or auditors. It is significant that Ukraine recently adopted a law regulating the procedure for auditing and conducting financial audits. It is the Law of Ukraine “On Audit of Financial Reporting and Auditing” № 2258-VIII of December 21. 2017, which came into force on 1 October. 2018. Analysis of recent researches and publications. We emphasize that the study of the concept of “financial control”, the definition of its types, forms and methods, as well as the legal status of the entities that carry it out, were engaged in the following scientists: L. K. Voronova, О. P. Hetmanets, T. A. Zhadan, M. P. Kucheryavenko, P. P. Latkovsky, Yu. A. Mandrychenko, L. A. Savchenko and others. However, changes in the legal regulation of financial control, issues related to the consolidation of the legal status of entities exercising independent financial control need to be examined in detail. Therefore, the purpose of the article is to analyze the legal status of entities exercising independent financial control in Ukraine. Article’s main body. In the article the author reveals the peculiarities of the legal status of the Audit Chamber of Ukraine as a subject of independent financial control in Ukraine. Іt can be stated that the Audit Chamber of Ukraine, which is a professional organization, is a direct participant in the relations related to the organization and implementation of independent financial control, in particular, audit control. Given the compulsory nature of acquiring membership in the AСU, the statutory purpose and activities of this organization, this organization can not be considered public. Conclusions and prospects for the development. It is stated that the legal status of the specified entity is characterized by a certain multidimensionality. In particular, the Audit Chamber of Ukraine is a professional, self-regulatory organization that is authorized to perform public functions and is managed through specially created bodies. The above shows that the current legislation of Ukraine reflects a new approach to the regulation of independent financial control, in particular by defining the powers, rights and duties of the Audit Chamber of Ukraine.

Sign in / Sign up

Export Citation Format

Share Document