Foreign trade: economics, finance, law

International justice against war criminals

2024-06-11T11:36:24+00:00

The main prerequisites for the emergence and functioning of international criminal tribunals, Ukraineʼs cooperation with the International Criminal Court and its institutions are highlighted. The purpose of the article is to substantiate the proposal regarding the need to create a special international tribunal to investigate and prosecute war criminals for aggression against Ukraine, taking into account the current norms of national and international law. The methods used are: dialectical, historical, systemic analysis and synthesis, formal-logical, hermeneutic. Russian aggression against Ukraine created the largest conflict in Europe since the Second World War, causing many war crimes, genocide, crimes against humanity. The world community should react to this in a similar way to the holding of international criminal tribunals in Nuremberg, Tokyo, Yugoslavia and Rwanda, which created international precedents for the conviction of war criminals and helped to overcome the personal immunity of the highest state and military officials guilty of crimes of aggression. Consideration of the legal aspects of Ukraine's interaction with the International Criminal Court proved the need for our state to ratify the Rome Statute for full participation in the Courtʼs proceedings. It was emphasized that the establishment of general peace and justice regarding the punishment of war criminals depends both on Ukraine and on the active actions of the West and the European Parliament.

Ensuring the right to a safe environment under martial law

2024-06-11T11:36:10+00:00

Separate legal mechanisms for ensuring the right to a safe environment under martial law are highlighted. An analysis of the environmental protection legislation of Ukraine formed in recent years was carried out in order to establish guarantees for the realization, conservation, protection and restoration of environmental rights of a person in the conditions of large-scale armed aggression. The purpose of the article is a theoretical and applied understanding of the concept meaning of "ensuring the right to a safe environment under martial law", the state of its normative and legal consolidation in Ukraine, and the formulation of proposals for improving the relevant legal regulation. Methods used: dialectical, hermeneutic, systemic, analysis and synthesis, induction and deduction, formal-legal and others. It has been established that ensuring the right to an environment safe for life and health is a rather complex and multifaceted process, the final result of which depends on many factors, among which the destructive impact on the natural environment of the consequences of military operations stands out. In connection with this, a number of normative legal acts have been implemented in Ukraine, the main purpose of which is to simplify the procedures for carrying out restoration work to eliminate the consequences of war and ensure the right to a safe environment. The importance of the considered legal acts, from the point of view of ensuring environmental rights, consists in recording the negative effects of military actions on the state of the environment and compensation for the damage caused to it, on access to environmental information and its distribution, on general and special nature use, etc. It was emphasized that the key point in overcoming the negative consequences of the impact on the environment in the conditions of martial law should be, among other things, normatively established measures of economic activity in the field of water resources use. It is noted that the problems in the environment, which must be overcome by the adoption of relevant draft laws, remain unresolved due to the complexity of the procedures that were provided by Ukrainian legislation for peacetime conditions. It is emphasized that the norms of the current legislation of Ukraine must take into account the factors of the consequences of conducting military operations, including their impact on the surrounding natural environment, and therefore, on ensuring the right to a safe environment under martial law.

Legislative regulation of administrative services in the conditions of martial law

2024-06-11T11:35:55+00:00

In wartime, the prompt provision of high-quality services in the field of state registration of civil status acts is extremely important. In order to improve the quality and accessibility of the provision of administrative services in the field of state registration of civil status acts in the conditions of martial law, it is appropriate to study the urgent problems that arise during the provision of services. The purpose of the article is to substantiate the main instruments of legislative regulation of the provision of administrative services under martial law. The presented study is based on the hypothesis of the need to study the general aspects of the provision of administrative services in Ukraine, as well as the direction of electronic administrative services. To achieve the goal, the following research methods were used: historical, logical, statistical analysis, synthesis and comparison, generalization. It was determined that many theoretical provisions on administrative services are still controversial, which to some extent inhibits their legislative support. However, without legislative improvement, it is impossible to talk about their effective practical implementation. Improving the provision of electronic services in wartime requires a comprehensive approach to ensure reliability, availability and security. The war significantly affected the work of administrative service centres. Thus, from the first day of the full-scale invasion, the provision of administrative services in the centres was suspended. Most of the services provided by the centres require the implementation of measures specified in the relevant state registers. It was determined that the declaration of martial law in 2022 requires an urgent review and adaptation of the legislation on the provision of administrative services. Effective governance in this context requires flexibility, innovation and response to rapid changes, particular attention to the needs of the population.

Roman legal basis for the protection of the lease agreement parties

2024-06-11T08:30:36+00:00

The reception of Roman law is determined by the proven effectiveness of the legal tools developed and implemented in practice in ancient Rome. The problem of ensuring the effectiveness of legal regulation in the interaction of adjacent models of regulatory and protective legal relations with the participation of the parties to the lease contract remains relevant even today, especially in the conditions of martial law. In view of the outlined problem, the purpose of the article is to determine the classification criteria for building a system of forms and ways of protection of the rights and interests of the parties to the lease contract, originally determined by the development of Roman law, which will contribute to the application of proper and effective ways of protecting the rights and interests (remedies) of lessors and lessees. Implementation of the goal was ensured mainly by systemic, formal-legal and structural-functional methods, as well as induction and deduction methods. The system method, for example, contributed to the determination of the relationship between regulatory and protective legal relations in ensuring the implementation of the functions and principles of objective civil law within the framework of employment legal relations. In the course of the study, it was established that the systematization of the forms and ways of protection of the rights and interests (remedies) of the parties to the lease contract involves the need to distinguish the grounds for the use of jurisdictional (judicial and notary) or non-jurisdictional (in the form of self-defense) mechanisms for the use of legal means aimed at: determining the dynamics of legal relations within lease contract due to change or termination of the obligation, in particular as a result of unilateral refusal of the contract; forced fulfillment in kind of the obligation to transfer (return) the subject of the lease agreement or to pay payments for the use of the thing; the application of measures of civil liability in the form of a penalty, three percent of annual and inflationary losses, compensation for damages, and in cases stipulated by the contract – and moral damage. The results of the research made it possible to formulate a number of theoretically and practically significant conclusions. In particular, it is emphasized that the Roman legal basis of the civil protection of the parties to the contract of lease consists in the objective determination of a whole system of ways of protecting the subjective rights and interests of the lessor and the lessee by the characteristics of an individually defined non-consumable thing as the subject of the corresponding contract, and this deed – as a consensual, bilateral, paid, defined in term of time transaction (in the sense of temporary use of someone elseʼs property), the relations of the parties are based on the principles of justice, reasonableness and good faith.

Global financial crisis, the coronavirus pandemic, war and what else is (not) considered a significant change in circumstances (Article 652 of the Civil Code of Ukraine)

2024-06-11T11:38:04+00:00

The study is devoted to Article 652 of the Civil Code of Ukraine, according to which a party has the right to demand termination or amendment of the contract if the circumstances have changed fundamentally compared to what they were at the time of the contract conclusion. This Article is one of those that parties to contractual disputes invoke very often, but almost never successfully. The purpose of this paper is to try to explore the reasons for this phenomenon in Ukrainian judicial practice and to outline the conditions under which one can count on success in proving that the circumstances have changed substantially enough to meet the conditions for application of Article 652 of the Civil Code of Ukraine. Methodologically, the study is based on the analysis of the practice of the highest courts of Ukraine with inclusions of the comparative legal method and references to the rules of international contract law and the practice of other jurisdictions. In the first, theoretical part of the study, the author offers a general explanation of what a fundamental change of circumstances is and what role it plays in the dynamics of contractual relations between the parties. The author compares a fundamental change of circumstances with force majeure. Next, five conditions for the applicability of Article 652 of the Civil Code of Ukraine were considered and commented on. It is followed by an analysis of significant categories of cases that illustrate the difficulty in proving a fundamental change of circumstances. These are cases related to such historical events as the global financial crisis of 2008, the ban on gambling in Ukraine in 2009, the nationalisation of Privatbank in 2016, the coronavirus pandemic and related quarantine restrictions, and finally the war and the full-scale invasion of the Russian Federation into Ukraine. The review and critical analysis of landmark court decisions makes it possible to give concrete meaning to the elements of a fundamental change of circumstances with specific content and to identify trends that have marked themselves in the judicial practice.

Review and appeal of a decision in absentia in civil proceedings: the practice of the Supreme Court

2024-06-11T11:37:49+00:00

The study focuses on the problematic issues that arise in the practice of civil courts when reviewing and appealing against a default judgment in civil proceedings. The aim of the article is to study the problematic issues that arise in judicial practice, when reviewing and appealing a judgment by default, in particular, the powers of the court of first instance and the court of appeal when considering an application for review of a default judgment that has been submitted in violation of the deadlines for its submission without valid reasons, as well as the procedural features of entry of the public prosecutor in a case in the interest of the State represented by the defendant by appealing the judgment by default. Methodologically, the study is based on two scientific and advisory conclusions of the author of the article, which were prepared in response to the appeal of the Supreme Court, in particular, the appeal of the Judge of the Grand Chamber of the Supreme Court O. V. Stupak in case No. 756/11081/20, proceedings No. 14-25ts24 regarding the powers of the court of first instance in the case of an application for review of a default judgment with a missed deadline in the absence of valid reasons, and the appeal of the Chairman of the Civil Court of Cassation B. I. Gulko in case No. 183/8338/21, proceedings No. 61-198svo24 on the interpretation and application of Articles 284, 287 of the Civil Procedural Code of Ukraine in terms of powers of the prosecutor. The article examines the controversial issues of law enforcement from the practical and theoretical points of view and offers the authorʼs vision of ways to overcome them. The article consists of two parts, the first of which is devoted to the problem of the correlation of the powers of the court of first instance and the court of appeal when considering an application for review of a default judgment with missing the deadline for submitting such an application without valid reasons and the subsequent appeal of the default judgment in this case; the second part concerns the issue of the necessity for the prosecutor to prior submit an application for review of еру default judgment in case where the prosecutor intervenes in the case in the interests of the state represented by the defendant.

Business security architecture

2024-06-11T11:37:35+00:00

Protection of business from todayʼs military challenges, post-war recovery of Ukraine and integration into the European space guides researchers to develop a set of business security measures. The evolution of approaches in the study of the security of business activity has gone from the micro-level of national economic security to integrated risk management in corporate management according to international standards. The recommendations of representtatives of various fields of knowledge require the agreement of basic terminology, the systematization of the main elements of business security into a common architecture, and the regulation of the specified process by a special legislative act. The hypothesis of the study is to confirm the expediency of considering business security as a complex architecture, characterized by the multifaceted interrelationships and mutual influence of constituent elements both within the system and with the external environment. State regulation of the business environment should not only stimulate the development of a certain sphere of the national economy (subject-object influence), but also recognize the subjectivity of entrepreneurs (state-enterprise interaction), the priority of the interests of the latter, expanding freedom and guarantees of protection for business. The purpose of the article is to reveal the architecture of business security, to substantiate the complexity of the interrelationships of elements, and the complexity of the development of enterprise security measures. The article proposes the authorʼs matrix of enterprise security at the tactical (up to 1 year) level and the generalized scheme of the business security architecture at the strategic level of the organization of business activities.

Legal regime of state joint-stock companies’ property

2024-06-11T11:37:20+00:00

The article examines the legal aspect of corporatization of state-owned enterprises and issues related to the legal regime of state joint-stock companies’ property. The general theoretical approaches to determining the legal regime of property and its features in the part of state joint-stock companies are outlined. On the basis of a systematic legal analysis of the legislation regulating the procedure for privatization (corporatization) of state-owned enterprises, corporatization is defined as a method of reorganization of a state-owned enterprise into a JSC or LLC, in the process of which the legal regime of state property transferred to the authorized capital of a business company changes from state to private ownership of the company. Property transferred to the authorized capital of state joint-stock companies is managed on the basis of corporate management of shares in the authorized capital of the company. The law enforcement practice related to the formation of property of state joint-stock companies is analysed. Hypothesis: the property transferred to the authorized capital of state joint-stock companies is the private property of the company. Other property is used by the company under the right of lease or economic lease. Contributions to the authorized capital of state-owned joint-stock companies can also include property rights to real estate – the right of economic assignment, the right of permanent use, lease. The transfer of property rights to the authorized capital is not the basis for changing the legal regime of state property to the private property of the company. The methods of changing the legal regime of state-owned property are defined as: privatization of the property of state-owned enterprises, packages of shares (parts) of the state in the authorized capital of economic companies, transfer of a state-owned enterprise integral property complex for lease, privatization (corporatization), sale of state-owned property, transfer of state-owned objects for hire (lease) on a competitive basis by conducting electronic auctions (public bidding), free transfer to communal ownership.