Theoretical foundations of constitutional consolidation of the principles of social state and law

The authors of this article analysed doctrinal provisions, as well as Ukrainian constitutional legal practice. The social component of the system of functions of the modern state was studied. The present article analyses the activities of states where an intellectual, political, and practical breakthrough was made in solving the problem of state functions in the context of socio-economic reform. Attention is drawn to the specifics of the implementation of social activities of the Ukrainian state. The methodological framework of this study includes the main general scientific methods, namely socio-economic methods and techniques of the empirical level of cognition, the method of systematic analysis of numerous theoretical provisions on positive law, historical and statistical methods, the method of comparisons and analogies, generalisation methods, an analytical review of the available scientific publications on the subject under study. Furthermore, scientific methods in the field of legal science were also employed, such as normative-logical, comparative legal, historical legal. It was concluded that a social state is a state whose policy has a priority social orientation, which is expressed in the appropriate service of civil society by the state, the creation of necessary and sufficient conditions for the realisation of economic, social, and cultural human rights, the guarantee of its social protection and social security, based on the socio-economic capabilities of the state based on the principles of justice, proportionality, and a harmonious combination (balance) of public and human interests

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

Human rights violations by war crimes: Theory and practice

This paper provides a comprehensive study of theoretical and practical issues of violation of human rights by war crimes, protection of legitimate interests of individuals in national and international law as a result of such violation. The purpose of this study is a comprehensive analysis of theoretical and applied issues related to the protection of violated rights and legitimate interests of individuals in public international law as a result of the commission of war crimes, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. The paper analyses the current scientific opinions and legislation on the regulation of illegal acts and liability for damage caused to victims as a result of violation of human rights and fundamental freedoms by war crimes. Furthermore, the existing forms, methods, and means of protecting the rights and legitimate interests of such persons in Ukraine and in the international arena were determined. The paper also provides a comprehensive study of the existing concept, legal nature and main features of war crimes and their legal regulation in Ukrainian legislation. Legislative amendments to the regulations governing this issue are proposed and the study justifies the position regarding the existence of an exclusively judicial procedure for resolving issues of human rights violations by war crimes, the result of which should be the adoption of a court decision. As a result of the study, the current scientific statements and achievements are clearly identified, as well as those that have emerged due to the constant development of public relations and substantial changes in international relations of various states, which causes armed conflicts and war crimes. One of the achievements of the scientific study is the proof of the importance of the problem of violated human rights in modern society and the extreme need for its research. After all, modern legislation requires substantial changes and improvement of the existing provisions with the subsequent possibility of their practical application

Practice of applying international principles in private law relations

National and international courts are increasingly turning to generally recognised international legal principles to regulate private law relations. This is necessitated, in particular, by the fact that the issues and disputes that modern participants in private law relations address to the courts are becoming more widespread. Thus, the practice of international justice and justice in Ukraine demonstrates that such international principles as the principle of justice, equality, non-discrimination, evolutionary interpretation, proportionality, legal certainty, and the rule of law are increasingly used in dispute resolution. This study investigated the application of international principles in private law relations. Based on the general legal research methods, the nature of international legal principles was analysed, the study considered their application in the above-mentioned Ukrainian court cases to the European Court of Human Rights, as well as the Constitutional and Anti-Corruption Courts of Ukraine. The study investigated the judicial practice of the European Court of Human Rights, whose decisions raise the issue of violation of rights and fundamental freedoms stipulated in the Convention for the Protection of Human Rights and Fundamental Freedoms and non-compliance with basic international legal principles, as well as highlighted the main trends of these disputes. Based on the results of the analysis, the study identified an insufficient level of the content specification regarding the principle of the rule of law and its features in the current legislation of Ukraine, which must be properly observed by both state authorities and citizens of Ukraine. Based on the conducted research, the authors formulated their scientific positions and conclusions aimed at improving the system of principles of private law relations

Recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan: A comparative analysis of the main ideas

Systematic updating of the civil legislation of Ukraine and modernisation of the civil legislation of the Republic of Kazakhstan are time-consuming tasks as evidenced by the analysis of changes that were made to the civil codes of Ukraine and the Republic of Kazakhstan and their law enforcement practice. Work on updating civil legislation requires an assessment of the current state and prospects of socio-economic development of Ukrainian society and the state, in particular the development of such an important component as the national legal system, which is presented in the concept of updating the Civil Code of Ukraine. It is crucial that the main areas of the concept orient the development of civil law in Ukraine, considering the current experience of recodification of civil codes of other states within the continental legal family. Considering that civil legislation is also being modernised in the Republic of Kazakhstan, the purpose of this study is to compare the main ideas of recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan to establish a systematic approach and a unified concept for the development of civil law and form a clear guideline for the improvement of civil legislation. The study analyses the areas of updating the civil legislation of Ukraine and the Republic of Kazakhstan based on both general (historical, comparative, system analysis) and special (specific-sociological, formal legal, legal-technical, etc.) methods. One of the most reasonable ways to ensure continuity of legal regulation of civil relations and ensure the modernisation of the legal basis for the development of the sphere of social and legal relations in the long term is the approach that should preserve all the achievements of existing civil codes, considering modern European approaches and the specific features of civil and business turnover

Directions of modernization of the system of state strategic planning in Ukraine

The systematically organized state strategic planning is the crucial factor of effective public governance. However, main problems of such planning in Ukraine may be noted as absence of the systematic forecasting and long-term strategic planning, undetermined links and mechanisms of coordination between strategic documents, lack of clear and unified standards, procedures and functions' distribution between actors in planning process. Therefore, the aim of this study consists in determination of modernization directions of the state strategic planning in Ukraine by means of the integrated planning system formation. The definition of "state strategic planning" is proposed in this study with using comparative analysis of various approaches and viewpoints concerning strategic management and strategic planning. The proposed definition and problem analysis of current organization structures and procedures of planning in Ukraine assume as a basis of recommended modernization directions to form the System of State Strategic Planning in Ukraine. The appropriate system of strategic planning documents in Ukraine at national, regional and sectoral levels is suggested with using hierarchy analysis across these levels and analysis of the current set of Ukrainian approved documents in proper field. Special attention is given to national level because national strategic directions and goals constitute general framework for strategic documents at other levels. The 10-years Development Strategy of Ukraine is proposed as the main strategic document of national level. The study generalizes methodological principles, and develops institutional mechanism for making and executing mentioned Strategy, proposes the functions' distribution between governmental and other actors involved in this mechanism

Comprehensive approach to perception of law in the context of doctrinal views

The purpose of the study is a theoretical and legal analysis of the compressive approach to the perception of the law in the context of doctrinal views, its substantiation and comparison with the comprehend theory. The originality of the study lies in the substantiation of the theory of the comprehensive approach, which consists in a strictly objective, real, non-idealised, deideologised cognition of the law. New ideas related to the perception of law through an objective and comprehensive assessment and monitoring are proposed. The similarities and differences between the comprehensive approach and the comprehend theory are clarified. The approach is a kind of tool for the development of theory. As a result of the analysis of doctrinal views on the comprehensive approach to the perception of law and the generalisation of different positions, the definition of the studied concept is developed. Conclusions: the methodological value of the comprehensive approach as a kind of tool for the development of the theory lies in the objective, real, non-idealised, and deideologised cognition of the law. Therewith, it is inadmissible to recognise the prevalence of a certain concept or theory. The construction of law in the way of combining the integrated theory of law and the theory of natural and positive law is incomplete and incorrect. Since law is not limited to these two theories. Thus, this perception of law is one-sided and biased. Arguments are given regarding the practical value of the comprehensive approach in legal technique when the assessment of the law is conducted depending on the completeness of its implementation and in achieving legal certainty. The more objectively the law, the quality and effectiveness of its rules are assessed, the faster it is perceived (recognised). It is advisable to comprehend the law with the assessment of its negative features

The development of children’s medical rights in Ukraine (1919 – beginning of the XXI century)

Children's medical rights were actively developed in the twentieth century after the First World War. It was an event of a global scale that prompted legislative changes in national legislations, including Ukraine. Ukraine's experience in children's health care is rich in examples of both successful reforms in this field, and also not that successful ones. The development of children's medical rights in Ukraine had passed different stages of its development. The period from 1919 to the beginning of the 21st century was taken to resolve this issue. The choice of this historical period is justified by the presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular

Object of criminal offenсe: Modern interpretations

The struggle of law enforcement and judicial bodies of the modern rule of law, as well as the entire society with the manifestations of crime is necessarily connected with the need for an in-depth study of crimes (hereinafter referred to as criminal offences), their essence, the structure of the constituent system elements, forms of external manifestation, which is a prerequisite for the development of the latest effective means of countering criminal offences. Among these issues, the object of a criminal offence is of particular importance, as it has a significant impact on the determination of the social characteristics of the offence and largely determines its actual objective and subjective characteristics. Meanwhile, there is no unity among scientists in the interpretation of the object of offence. The problem has therefore not yet been sufficiently studied. The purpose of the study is a scientific analysis of modern views on the object of a criminal offence and the establishment of a scientifically based content and essence of this concept. To achieve this goal, the following methods were used: dialectical, historical and legal, dogmatic, comparative, system-structural, legal hermeneutics. The article analysed the existing scientific approaches (positions) regarding the definition of the object of a criminal offense, which were systematised and reduced to two generalised groups: 1) ontological, which includes positions that recognise the object of a crime (criminal offence) as protected by criminal law public relations in various modifications; 2) axiological, which includes the interpretation of the object as values and related definitions: benefits, and individual interests. The authors made a reasoned conclusion that the object of a criminal offence is social relations that arise and exist in society about its social values, which are protected by the law on criminal liability

Improvement of state control of food safety taking into account the requirements of the legislation of the European Union

The article is devoted to the issues of improving the legal basis of state control of food safety in the context of harmonisation of national legislation of Ukraine with the relevant legislation of the European Union. The relevance of the study is due to the need to improve the effectiveness of state control of food safety to guarantee European standards for the protection of human health. The purpose of the study is to clarify the structural features of legislation related to state control of food safety, identify practical issues of legal regulation of state control of food safety and develop ways to solve them. The methodological basis of the research consists of the comparative legal method, historical-legal and dialectical methods, methods of analysis and synthesis, system-structural and formal-legal methods. It was found that food legislation and feed legislation have a common goal of legal regulation – the protection of human health, although from a formal point of view they are different areas of law. Insufficient legal certainty of such grounds for unscheduled inspections as reasonable suspicion of non-compliance with legal requirements is due to different approaches to the formulation of powers of regulatory authorities in Ukraine and the European Union. In order to avoid corruption factors during state control of food safety, it is better to introduce information and communication technologies, and not resort to incomplete harmonisation of the legislation of Ukraine with the legislation of the European Union. The introduction of the European concept of food fraud in Ukraine requires its coordination with criminal and administrative legislation, as well as the creation of the necessary organisational and legal conditions for identifying relevant offenses during state control of food safety