Temporary application of international treaties: legal aspects

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

Sources of research in the development of legal relations regarding the use and protection of the environment in the innovation field

Problem setting. Transformation of social relations, as well as the state of the natural environment necessitate the study of the origins of development and the formation of Ukrainian legislation in this area. Rapid rates of man-made load, depletion of natural resources, impossibility (or slow) recovery of natural resources - all these are factors that encourage rapid further steps towards innovative solutions to the use and protection of the environment. Alternative energy sources, the so-called renewable energy sources, are becoming increasingly popular due to their potential and environmental and economic characteristics of use. The object of the origins of the development of legal relations on the use and protection of the environment in the field of innovation. The subject of the study is the historical aspects of the regulation of legal relations on the use and protection of the environment in the field of innovation. The state of research of the problem. The origins of scientific research on the relationship between the use and protection of the environment have repeatedly attracted the attention of researchers. In particular, in this area there were publications of legal scholars: A.P. Hetman, H.V. Anisimova, V.L. Bredikhina, M.V. Krasnova, Y.S. Shemshuchenko, N.R. Malysheva, G.N. Polyanskaya, V.G. Emelyanova, V.V. Nosik and others. However, the study that would be aimed at analyzing the normative regulation of legal relations on the use and protection of the environment in the field of innovation has not yet been, which prompted us to choose this topic of research. The target of this research is to identify and analyze the origins of legislation and scientific achievements in this area. Scientific novelty is the search for and further development of an effective mechanism for regulating the legal relationship between the use and protection of the environment in the field of innovation. Article’s main body. The historical continuity and recurrence of the main legal forms, as emphasized in the literature, make it possible to predict the direction of further development of legislation taking into account the maximum use of valuable historical experience, on the one hand, and avoid future use of legal forms that have failed. Conclusions. Today we can conclude that nature management is irrational, leads to depletion (or disappearance) of natural resources, there is a violation of the ecological balance of natural systems - as a result of rising Earth temperature, destruction of ecosystems, deteriorating human health. Rapid population growth has been observed with great progress, and industrial development has contributed to the increase in energy consumption and the use of non-renewable energy resources, the mass consumption of which has had negative consequences for the environment. Unlike countries with more developed economies, Ukraine is only at the beginning of its path of saving the environment, but instead continues to operate an extensive type of economic development. Natural resources are not used efficiently enough, and if we do not take decisive action, we can already have irreversible consequences. The answer to this should be alternative energy sources - renewable, resource-saving, waste-free (low-waste).

Development of research infrastructure in the condition of globalization: the experience of the Czech Republic

Problem setting. The research is devoted to the analysis of the development of research infrastructures of the European Union based on the experience of the Czech Republic. The article analyzes the legal basis and practice of the functioning of research infrastructures in the European Research Area, considers the typology of large research infrastructures. The purpose of the article is to analyze the development of research infrastructures in the EU, in particular, on the example of the Czech Republic. Analysis of resent researches and publications. Today, aspects of the development of innovation systems and research infrastructures of the European Union are a topic for research of many domestic scientists. However, the issue of integration of the scientific and innovative system of Ukraine into the European Research Area remains urgent. Article's main body. Research infrastructures means a research facility necessary for conducting comprehensive research and development with high financial and technology demands, approved by the Government and established to be also used by other research organizations. The Czech Republic has responded to the increasing importance of research infrastructures and for the purpose of showing them as one of the key elements of the national research and innovation system. The Act on the Support of Research and Development is the principal document defining the support for R&D in the Czech Republic. It defines the key forms of financing research and development, the main governmental bodies responsible for R&D and the procedural steps for their assignment and use of this type of financial aid. According to the Roadmap of Large Research Infrastructures of the Czech Republic, the basic typology of research infrastructures divides facilities into three groups: single-sited research infrastructures situated in one place, distributed research infrastructures including a larger number of capacities situated in different places, and virtual research infrastructures. From the perspective of life cycle stages, research infrastructures are classified into research infrastructures in the preparatory phase, implementation/construction phase, operation phase and decommissioning phase. All of the above types of research infrastructures can also be found in the research and innovation system of the Czech Republic. Conclusions and prospects for the development. In recent years, the research infrastructure of the EU has undergone significant development, as evidenced by the example of the Czech Republic. As for Ukraine, which is just beginning its path in this direction, an important step was the adoption of the Concept of the State Target Program for Research Infrastructures in Ukraine until 2026, as well as the approval of the Roadmap for integration of Ukraine's research and innovation system into the European Research Area.

Ukraine’s compliance with the Copenhagen criteria for accession to the European Union

Problem setting. Since gaining independence, Ukraine has been steadily moving towards integration into European and Euro-Atlantic structures. However, the process of acquiring membership of our state in the European Union is quite long and involves a number of criteria, in particular, in addition to the general ones specified in Art. 49 of the Treaty on European Union of 1993, and additional Copenhagen criteria to be met by the applicant state. European integration processes have a positive impact on the development of Ukraine as a democratic, social, legal state, strengthen its position in the international arena, contribute to economic reforms. Which, in turn, should be demonstrated in practice by bringing Ukraine closer to the requirements set by the EU for states that have expressed a desire to join the union. Recent research on the topic. Various aspects of the issue of European integration were developed primarily by European lawyers and political scientists, among whom the works of K. Baimi, A. Bogdandi, J. Buchanan, M. Burgess, W. Della Sala, A. Dashwood, G. De Burke are of special interest. J. Zimmerman, L. Cartou, N. Catalano, P. King, P. Craig, D. Lassok, S. Leikoff, W. Ostrom, D. Sidzhansky, R. Watts and many other authors. The list of scientific researches is not limited to the works of Western authors, as the integration process is quite dynamic, and therefore scientists are no less interested in the scientific developments of their colleagues from countries seeking to gain EU membership, including Ukrainian lawyers, including I. Bratsuk, O. Golovko-Gavrisheva, V. Kopiyka, T. Komarova, K. Smirnova, L. Luts, M. Mikievich, Z. Makarukha, V. Muravyov, V. Poselsky, R. Petrov, O. Tragnyuk, I. Yakovyuk and others. The purpose of this research is to analyze the current state of the legislative, legal and economic base of Ukraine for compliance with the Copenhagen criteria for accession to the European Union. Article’s main body. The article is devoted to the issue of Ukraine's compliance with each of the Copenhagen criteria. First of all, the authors note that the main purpose of the Copenhagen criteria is to select the most "worthy" applicants for membership in the Union. And compliance with these criteria must indicate the ability of the state to perform the duties of a member state of the Union. In addition, specific examples are given of the requirements that Ukraine has met as of 2021 and that it must meet in the near future. It indicates in which direction Ukraine should move in order to acquire the full status of a member state of the European Union. In conclusion, the opinions of scientists on the prospects of Ukraine's further accession to the European Union are presented. Conclusions and prospects for development. The research shows that Ukraine does not yet fully meet the Copenhagen criteria for accession to the EU, as for a number of objective and subjective reasons there is a lack of stable economic development and a well-established understanding of the direction of the political movement. Despite significant advances, national legislation also needs to be improved. After the entry into force of the Association Agreement between Ukraine and the EU, the development of integration processes has significantly intensified. The implementation of the planned reforms is undoubtedly able to bring our country's accession to the EU closer, which should add optimism and encourage daily work in this direction.

Environmental security as an international legal category

Problem setting. The problem of environmental security has gone beyond national borders and acquired a planetary character. If before the issue of ensuring the environmental security of countries was solely their internal affair, over time, state borders from an environmental point of view gradually lost their importance, became transparent. Analysis of recent researches and publications. The study of theoretical or some practical aspects of the legal nature of environmental safety were engaged in domestic and foreign scientists, among which are the works of: A.P. Hetman, H.V. Anisimova, G.I. Balyuk, S.A. Bogolyubova, M.M. Brinchuk, I.I. Karakash, T.G. Kovalchuk, V.V. Kostytsky and others. Target of research is to determine the essence and features of environmental safety as a legal category in terms of international law. Article’s main body. The article examines the definition of «environmental security» as a legal category. Its legal nature and its connection to international security are being established. In particular, environmental security as a legal category is considered from two points of view, as a certain state of protection of a person from threats caused by an thropogenic impact on natural objects, and as a system of legal instruments regulating the use of natural resources for their protection, as well as prevention and counteraction to threats that have a detrimental effect on the environment. Through the analysis of international legal acts, modern approaches of the international community to ensuring environmental security are determined. The international mechanism for environmental security is constantly evolving, it should be recognized that it is unfortunately not perfect and is not able to fully solve today's environmental problems, as well as to prevent an environmental catastrophe on a global scale. By concluding international agreements alone, it is impossible to ensure effective protection of all elements of the natural environment. Conclusions and prospects for the development. Therefore, it is important to consolidate the efforts of all participants in international communication in developing common approaches to solving this problem and actively using numerous international treaties and soft law instruments, best national practices, and involving civil society.

Application of secret diplomacy in international practice

Problem setting. Secret diplomacy, in various forms, has remained a key method of international relations and the development of relations between states. For example, the fate of the Caribbean Crisis was decided by secret diplomacy between the United States and the Soviet Union. However, despite the extremely large influence of secret diplomacy on the development of international relations, it is necessary to note a rather small level of study of secret diplomacy as a phenomenon. Analysis of recent researches and publications. In the scientific literature, the theoretical aspects of secret diplomacy have been the subject of scientific research by such scholars as Cornelia Biolu, Anthony Venis-V. John, Pika SM, Kostyuk DA, Pron TM, but a significant number of extremely important documents for understanding the problem remains in closed access. That is why the lack of scientific literature, which would describe secret diplomacy in the theoretical aspect, significantly complicates the study and study of secret diplomacy in general. Target of research. The aim of the paper is to carry out a critical review of the definition of secret diplomacy, to analyze the types of secret diplomacy and to consider features of their functioning in international relations, as well as to identify the disadvantages and advantages of secret diplomacy. Article’s main body. The article provides a general analysis of the definition of the concept of "secret diplomacy" in international practice. The opinions of leading scientists are given. Examples from history are analyzed. The paper analyzes in detail the types of secret diplomacy, and also considers the features of their functioning in international relations. In addition, the main advantages and disadvantages of secret diplomacy were formulated, as well as the prospect of its further application in practice. Conclusions. Secret diplomacy is the activity of the government to implement the foreign, international policy of the state, which is conducted in secret from society, other states and third parties in order to facilitate negotiations, establish relations and obtain various benefits. The methods of secret diplomacy have been used since ancient times and continue to be key not only in relations between states, but also in resolving international conflicts, despite the fact that the phenomenon has a number of disadvantages in addition to its advantages. There are several types of secret diplomacy, each of which differs from the others not only in its purposes for which it is used, but also in its components.

Education as a priority direction of development of industrial enteprises and it’s digitalization

Problem setting. With increasing globalization challenges, the main productive force of society and the rapid socioeconomic revival of countries is human capital, which is becoming a powerful integral part of any model of innovative development. Human capital, ie knowledge, talents, skills, abilities, experience, intelligence of people today is the driving force of the digital economy. Digitalization will significantly increase labor productivity in Ukraine and become a powerful multiplier capable of launching the Ukrainian economy in the shortest possible time and ensuring its real growth. Today, digitalization is one of the key factors in improving the education system. Analysis of recent researches and publications. Various aspects of the introduction of digitalization in the educational space have been the subject of research by foreign (K. Bassett), C. Gere, G. Creeber, G. Deree, M. Deuze, G. Creeber and R. Martin (G. Greeber & R. Martin), L. Manovich (L. Vanovich), J. Stommel (J. Stommel), M. Hand (M. Hand) and domestic (V. Bykov, D. Galkin, M. Zhaldak, M. Leshchenko, P. Matyushko, O. Ovcharuk, V. Rebrina, O. Strizhak, M. Shishkina, A. Yatsyshyn) scientists, but despite the interest shown by the scientific community, the issue of digitalization in modern educational space need further research, especially in a pandemic and the need for distance learning. Target of this research is to determine the role of education in the context of the development of digital transformation of society, the formation of “intellectual enterprises” and “intellectual industry”. Article’s main body. Today, the governments of most European countries are making significant efforts to modernize their education systems through the use of digital technologies. The development of digital education initiates the emergence of new educational practices, which in turn contributes to the transformation of the educational system as a whole. The field of education, localized by institutional, temporal and spatial frameworks, is significantly modernized due to the introduction of digital technologies in the educational process. Ukraine has also embarked on the path of digitalization, as evidenced by the adoption in 2018 of the Concept of Development of the Digital Economy and Society of Ukraine for 2018-2020. According to the Concept, digitalization of education is a modern stage of its informatization, which provides saturation of information and educational environment with electronic and digital devices, tools, systems and electronic communication between them, which actually allows integrated interaction of virtual and physical, ie creates cyberphysical educational space. Today, based on the statutory powers, the Ministry of Education and Science of Ukraine and the State Agency for e-Government have the greatest influence on the development of digital competencies. raising the level of digital literacy of the population. One of the main means of digitalization of education is the creation of the National Platform for Digital Education. Conclusions. It is concluded that human capital, ie knowledge, talents, skills, abilities, experience, intelligence of people today is the driving force of the digital economy. Digitalization will significantly increase labor productivity in Ukraine and become a powerful multiplier capable of launching the Ukrainian economy in the shortest possible time and ensuring its real growth. It is noted that today digitalization is one of the key factors in improving the education system. In addition to directly affecting the effectiveness of the educational process, digitalization provides a chain of indirect benefits, in particular through digitalization, the educational process becomes more personalized, accessible and flexible, which in turn provides comfortable conditions for self-study, effective development and career growth. Education is one of the basic elements of digital innovation and the digital economy in general, a priority for the development of industrial enterprises in Industry 4.0. It is noted that in today’s conditions it is necessary to focus on such areas as the development of human capital in enterprises through lifelong learning, training, awareness of staff on innovative transformations. It is stated that today there is no doubt that the world of digital technologies in general, and education in particular, is not only a new logical stage in the development of the technological sphere of mankind, but also the entire existing legal and socio-political reality.

Information provision of access to innovation infrastructure

Problem setting. Effective innovative development of the state is impossible without ensuring the proper functioning of innovation infrastructure and innovation processes. In turn, the innovation infrastructure must be accessible to users and have the ability to meet both logistical and information needs. In this aspect, an important issue that will be considered in this article is to ensure free access of participants in the innovation process to the established network of information and communication interaction and assistance. Analysis of recent researches and publications. V.V. Maloyvan, T.V. Pisarenko, T.K. Kvasha, N.V. Bereznyak, O.V. Prudka, S.V. Glibko, O.V. Rozgon, Yu. V. Georgievsky, Yu. V. Pasmor and O.M. Petukhova studied the issue of information support for access to innovation infrastructure. Target of research is to analyze the legal regulation of information support for access to innovation infrastructure; identification of existing problems and possible ways to solve them in order to increase the efficiency of the national innovation infrastructure. Article’s main body. The article discusses the state of information support of the National Innovation Infrastructure. The current legislation and powers of state authorities and other subjects of the innovation process in the field of information support are analyzed. Examples of information and communication provision of innovative infrastructure are considered. Conclusions are drawn regarding possible ways to increase the efficiency of the national innovation infrastructure. It is expedient to recognize the information and communication support of the innovation infrastructure as a necessary precondition for increasing the economic and scientific potential of the state. Innovation and investment actors seeking to increase their productivity need to navigate large amounts of information to make the most appropriate and justified decisions. This increases the importance of information and communication centers, platforms and other entities that can offer customers structured, relevant, verified and accessible information gathered in one place. Conclusions and prospects for the development. Particular attention should be paid to the need for the state to encourage the exchange of information at the regional and sectoral levels, which can be achieved by strengthening the role of local governments in providing local and regional innovation infrastructures (both by changing legislation and by conducting information campaigns and communication platforms); as well as by encouraging universities to more actively interact with society and business.

Current innovative issues of legal regulation of collection activities

Problem setting. At the present stage of development of the national legal system there are a number of conflicting issues and gaps in the legal regulation of collection companies. Prior to the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" the current legislation did not contain clear rules of conduct either for entities engaged in collection activities or mandatory uniform requirements to the ethical conduct and rules of interaction of such persons with the debtor in the settlement of overdue debt. This necessitates a comprehensive and comparative analysis of the legal regulation of economic activity of collectors, which is the purpose of this study. The object of the study is the legal relationship between entities engaged in collection activities and debtors. Analysis of recent researches and publications. Problems of legal regulation of collection activities in Ukraine and determining the nature of financial companies and the specifics of their activities have attracted the attention of researchers for a long time. So M. V. Fedik was engaged in research of this question at different times. [1, p. 107], S. B. Egoricheva [2, p. 117-119], M. I. Dancha [3, p. 52-55], N. V. Mentukh, O. R. Shevchuk [4, p. 58-62], A. G. Zaika [5, p. 169-176], O O. Savchuk, S. V Glibko [6, p. 132-137]. At the same time, the issue of settling the procedure for repaying bad debts by collectors by introducing clear legal rules for their activities and ensuring compliance with the rights of debtors requires further research. The target of research is to determine the changes in the state of collection entities during the settlement of overdue debt, which was proposed by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts". Article’s main body. For the first time a comprehensive analysis of the activities of collectors before the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" and prospects of their activities. On the basis of which conclusions were made on the prospects for the implementation of the law. The research is devoted to the analysis of the state of activity of collectors and changes in the legal settlement of legal relations arising during the settlement of overdue debt, which were introduced by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors debt ". Conclusions and prospects for the development. Thus, in general, a systematic analysis of Law № 1349-IX allows us to conclude that its provisions contain innovative provisions on the legal regulation of business activities of collection companies, which will have positive consequences for settling overdue debts and protect the rights of debtors.

Peculiarities of financial state support of small and medium enterprises in ukraine in modern conditions

Problem setting. The formation of state policy to support small and medium enterprises (hereinafter - SMEs) requires consideration of global developments in the direction of legal regulation and economic and managerial justification of certain forms of support. In addition, within the globalized market, as well as taking into account Ukraine's desire to approximate national legislation to EU law, it is not possible to create mechanisms to support SMEs without adapting to global standards, that is, mechanisms similar to conventional ones should be invented. Of course, international documents, including the European Charter for Small Enterprises, can be a guide. Analysis of resent researches and publications. Legal analysis of certain means of state support for small and medium enterprises was carried out by such scientists as N. M. Vnukova, S. V. Hlibko, A. M. Lyubchych, I. V. Podrez-Riapolova, A.T. Zavadska and others. At the same time, this paper will analyze the implementation of financial support for small and medium enterprises, taking into account current government programs. The target of research is to conduct a comprehensive analysis of financial support for small and medium enterprises provided by the state, represented by public authorities and local governments, taking into account the principles of European Union law and current national and international programs to support entrepreneurship in Ukraine. Article’s main body. One of the most popular and effective forms of support is state financial support for SMEs. It is noted that the support from the financial and credit system reflects, in fact, the financial and economic relations between the state and market actors on the redistribution of funds. The state program «5-7-9» offers partial compensation of the interest rate on the hryvnia loan in combination with the mechanism of partial credit guarantees to address the problem of lack of collateral and insufficient credit history. The program is implemented by the Ministry of Finance of Ukraine, the Foundation for Entrepreneurship Development (formerly the German-Ukrainian Foundation) through a network of partner banks in partnership with the Ministry of Economy and the Office for Small and Medium Enterprises to prevent, spread and eliminate COVID-19 disease caused by the crown virus SARS-CoV-2, and to prevent and overcome their effects. By analyzing the statistical information of the ten largest banks, it was found that there is no unity in the terms of lending, lending is not within a single program, but for individual loan products of banks, which may differ from each other. Conclusions and prospects of the development. Summarizing the above, it is possible to conclude that the current state policy to support SMEs is characterized by the presence of a significant network of funds. One of the most relevant of these is the provision of soft loans. At the same time, there is insufficient information support for the process of direct provision of this support. In view of this, it should be noted that in order to ensure the economic security of the state, these forms should be used through a system of state bodies and organizations, local governments and organizations that must exist in reality, and electronic (virtual) portals for services should operate in additions to the real ones.