Časopis civìlìstiki

DCFR ЯК ПРИНЦИПИ ТА ЦІННОСТІ ЄВРОПЕЙСЬКОГО ПРИВАТНОГО ПРАВА

Євген Олегович Харитонов — 2022-08-19

The article examines the importance of the Draft Common Frame of Reference (DCFR) in the context of the tasks facing Ukraine in connection with its official acquisition of the status of a candidate for membership of the European Union on June 23, 2022. It is noted that traditionally in Ukrainian civil studies, the Draft Common Frame of Reference (DCFR) was considered as an indicative list of the principles of European law. At the same time, the process that began after the signing of the agreement on the association of Ukraine with the EU should now move into a new quality, which consists, in particular, in achieving a more complete value filling of the provisions of Ukrainian law. Taking into account this circumstance, both aspects of the DCFR and their significance for the formation of the concept of European private law and the adaptation of the legal systems of the participating countries to it were studied. When characterizing the «principles» category, the authors draw attention to the differences in the understanding of this category in Ukrainian civil studies and in the text of the DCFR. Ukrainian lawyers characterize the principles of law as guiding ideas that determine the content and direction of legal regulation of social relations, at the same time in the DCFR this term is used as a synonym for the expression «nprovisions that do not have the legal force of law». From this point of view, the DCFR model provisions include principles. The article emphasizes that from the understanding of European law as a concept, its characterization follows not only as a set of legal norms, but also as a system of defining humanitarian values based on the legal awareness of the participants in relations in the private sphere. Therefore, based on the analysis of the essence and purpose of the DCFR, it is concluded that their task is to ensure the improvement of national civil law in accordance with the basic values of European civilization. The Conclusions state that in the context of Ukraine’s integration into the European Union and the need for appropriate adaptation of Ukrainian legislation, the provisions of the DCFR should be taken into account when finalizing the concept of civil law, in particular, when improving Ukrainian concept of civil law in accordance with the values of EU law.

ТЕМПОРАЛЬНІ ЗАСАДИ РЕГУЛЮВАННЯ ЗАСТАВИ У ЦИВІЛЬНОМУ ПРАВІ

Петро Дмитрович Гуйван — 2022-08-19

The scientific article examines the topical issue of temporal measurement of relations in the organization of ensuring the fulfillment of obligations by transferring property as collateral. It is noted that the Ukrainian mortgage legislation does not clearly regulate the issue of requirements that will arise in the future. The current regulatory approach contradicts the general principle of the law of obligations, according to which an accessory obligation cannot arise before the main one, at the time of concluding the security legal relationship its parties must be aware of the content of the secured obligation. Therefore, the nature of the requirement to be secured should be determined at the time of formation of the content of the security mechanism. Therefore, the statement about the possibility of a claim secured by a pledge in the future, ie after the conclusion of a pledge transaction, is false. Another thing is that the amount of future claims that may be provided may not be known in advance to the parties. This allows the creditor to ask about the inclusion of collateral obligations in the main contract at the time of its conclusion in order to ensure a specific claim, but to the extent that will be formed in the future. This is how the legislative rule should be formulated. The paper analyzes the aspects of concluding and supplementing pledge agreements taking into account the possible specifics of specific situations. All stages of the implementation of the property and legal regime of the organization of relations in relation to the property that is pledged, throughout the time of the security relationship, both before and after the offense – in ways to protect the subjective right. Peculiarities of realization of real rights to the mortgaged property, which are observed at the institution, are noted. The mechanism of the creditor’s satisfaction at the expense of the mortgaged property, in particular the temporal characteristics of this process, is also considered. The stages of satisfaction of the pledgee’s interests after the default of the main obligation are investigated. The current uncertainty and cumbersomeness) the complexity of the execution of collateral agreements, auction procedures, insurance, etc.), which reduces the effectiveness of the commented method of ensuring the fulfillment of obligations.

ПЕРЕШКОДИ В РЕАЛІЗАЦІЇ ЦИВІЛЬНИХ ПРАВ В УМОВАХ ВОЄННОГО СТАНУ ТА ШЛЯХИ ПОШУКУ КОМПРОМІСУ ПУБЛІЧНИХ ТА ПРИВАТНИХ ІНТЕРЕСІВ

Олександр Сергійович Омельчук — 2022-08-19

The article is devoted to the issues of determining obstacles to the realization of civil rights in the conditions of martial law and finding a compromise between public and private interests in the relevant conditions. It has been proven that restricting the rights of individuals is a forced measure to support the country’s defense capability regime and ensure the functioning of the national economy. The relevant restrictions concern both the normal functioning of civil circulation and certain types of activities, such as notarization of legal facts, public access to certain state registers, certain types of business activities, etc. The relevance of the study of the practical implementation of civil rights and the protection of civil interests of private individuals in the conditions of martial law, as well as the preservation of the normal dynamics of civil legal relations, was determined. According to the results of the analysis of the acts of legislation adopted for the development and clarification of the provisions of the Decree of the President of Ukraine «On the introduction of martial law in Ukraine» and the scientific discourse on this matter, it was determined that there is a tendency to simplify the procedures for the implementation of certain civil rights, as well as the introduction of changes in legislative regulation individual civil legal relations in the existing difficult conditions is characterized as a correct and expedient decision that really corresponds to the principles of a democratic society. It was found that this approach to the assessment of regulatory changes within the framework of the formal-legal approach does not raise the issue of harmonization of public and private interests, which is an integral task of civil law regulation. The researched factors are conditionally divided into those arising from the nature of civil rights; those dictated by the principles of public law and universal factors. Universal factors include compliance with the principle of legality and proportionality of restrictions. Compliance with the principle of legality in the implementation of relevant restrictions and the actual implementation of measures that limit civil rights. The factor of proportionality (commensurability) of restrictions to circumstances actually falls into two parts. Separately, we should talk about the successful identification of circumstances provided by law as prerequisites for establishing restrictions on civil rights. Also, an important issue is the correct assessment of the degree of danger or the risk of occurrence of relevant circumstances, which precedes the establishment of limited civil rights. It has also been proven that compliance with the principles of public law during their implementation is extremely important. Among the factors dictated by the very nature of civil rights are the legal equality of subjects of civil law is distinguished, and the equality of subjects in the corresponding restrictions of civil rights is determined; compliance with the temporal limits of the established restrictions on civil rights and the adequate consequential burden of the cancellation of such restrictions. It was concluded that when establishing restrictions on civil rights, the legislator and the subject of law enforcement must effectively and correctly assess the circumstances and take into account the researched factors when choosing the type of restriction and the range of subjects of civil law to which it applies.

ДОВІРЧА ВЛАСНІСТЬ ЯК СПОСІБ ЗАБЕЗПЕЧЕННЯ ВИКОНАННЯ ЗОБОВ’ЯЗАННЯ: ПЕРЕВАГИ ТА НЕДОЛІКИ

Алевтина Геннадіївна Бірюкова — 2022-08-19

This research is devoted to analysis the features of the legal regulation of trust property as a way to ensure the fulfillment of obligations, clarify the advantages and disadvantages of the model of this legal institution in the obligations arising from credit agreements. In addition, it will help to find ways to improve appropriate legal regulations for that the functioning of trust property will be in according to the expectations and reasonable balance of interests of creditors and debtors. The author analyzes recent novelties of the civil legislation relates a new way to ensure the fulfillment of obligations, which has long been a well-known institution for civil law of Ukraine. The advantages of using trust property to ensure the debtor’s obligations are also outlined. However, the author draws attention to the significant flaws of the legal regulation of trust property as a way to ensure the obligation. And these significant flaws are violate the balance between the interests of the creditor and the debtor on the main obligation and will negatively affect the formation of law enforcement practice. The author substantiates that currently the national legislation reflects an approach under which the concept of trust property is reduced to interpreting the essence of this legal institution only as a way to ensure the fulfillment of the obligation, which leads to a narrowing of its content and confusion in understanding the nature of trust property. The established model of using the trust property to ensure the fulfillment of obligations under credit agreements contains both advantages and significant disadvantages, which include empowering the creditor with additional rights and guarantees, and expanding the range of possible risks for the debtor or another person who transferred his property in trust, in order to ensure the debtor’s obligations.

СПРОСТУВАННЯ ЯК СПОСІБ ЗАХИСТУ ПРАВА ПРЕДСТАВНИКІВ ОРГАНУ ПРАВОСУДДЯ НА ПОВАГУ ДО ГІДНОСТІ ТА ЧЕСТІ, ПРАВА НА НЕДОТОРКАННІСТЬ ДІЛОВОЇ РЕПУТАЦІЇ, ПОРУШЕНИХ В ЗАСОБАХ МАСОВОЇ ІНФОРМАЦІЇ

Вікторія Сергіївна Кучерявенко — 2022-08-19

The article is devoted to one of the way of judicial protection of the right of judges to respect for dignity and honor, the right to inviolability of business reputation, violated as a result of dissemination of inaccurate information in the mass media. In the article, it is determined that the moment of emergence of the right to refutation should be considered the legal fact of an offense, the illegality of which includes the following circumstances: dissemination of information; disseminated information concerns the judge and (or) members of his family; disseminated information is unreliable; disseminated information violates the judge’s right to respect for dignity and honor, the right to inviolability of business reputation. Particular attention is paid to the issue of the subjective composition of participants in legal relations for the protection of the judge’s honor, dignity and business reputation, violated in the mass media. The article emphasizes the need to distinguish factual statements from evaluative judgments and the impossibility of refuting evaluative judgments. It was determined that the key criterion for distinguishing a factual statement from an evaluative judgment is the possibility of checking the correspondence of the facts to objective reality and the impossibility of establishing the reliability or truthfulness of the evaluative judgment, given its subjective nature. Based on the precedent practice of the European Court of Human Rights, it has been established that the formulation and expression of evaluative judgments must be based on a certain minimum set of reliable facts. Building evaluative judgments without relying on a minimal factual basis, as well as building evaluative judgments on unreliable facts, goes beyond what is protected by freedom of speech and conditions the possibility of protecting violated individual rights. The article also paid special attention to the issue of way of refuting inaccurate information.

ПРАВОВЕ РЕГУЛЮВАННЯ ІНЖИНІРИНГОВОЇ ДІЯЛЬНОСТІ У СФЕРІ БУДІВНИЦТВА

Олег Володимирович Невзоров — 2022-08-19

The article is devoted to the characteristics of legal regulation of engineering services at the international level and in Ukraine. It is noted that engineering services include the provision of technical consultations, project expertise, technical training and other scientific and technical services for the purpose of developing and supplying innovations in production, implementation and operation of new types of products, as well as re-engineering of the innovation process. In Ukraine, the market of engineering services is just developing. Depending on the nature and scope, engineering services are usually drawn up by various types of contracts, in particular, a contract on the provision of engineering and consulting services, on the secondment of a specialist to perform a certain type of work, as well as, directly in construction, a subcontract for the performance of engineering and construction services or a contract on providing technical assistance in construction. There is currently no legal regulation of the specifics of contracts for the provision of engineering services in Ukraine. Contracts for the provision of engineering services belong to the type of contracts for the provision of services (Chapter 63 of the Civil Code of Ukraine), but they also combine elements of a contract for design and research work (§ 4 of Chapter 61 of the Civil Code of Ukraine) and features of a contract for the performance of scientific research or research and development and technological works (Chapter 62 of the Civil Code of Ukraine). The article states that the concepts of «engineering services» and «exchange of technologies» should be distinguished, since engineering services are a way of transferring innovations (technologies) in production, provided that engineering services differ from technology. An international contract for consulting engineering has the following structure: parties to the contract (customer and consultant), preamble, subject of the contract, terms, obligations of the parties, non-fulfillment of contractual obligations by the parties, exemption from liability for the consequences of non-fulfillment of contractual obligations (force majeure circumstances), methods of calculating the consultant’s fee, taxation, fees and duties, intellectual property and patented information, entry into force of the contract, termination of the contract, applicable technical standards, choice of law, etc. The specifics of the content of the contract for consulting engineering is the list of consulting services. It has been found that in Ukraine, a significant obstacle to the development of the engineering services market is the lack of the possibility of making changes to the list of works contained in the license for conducting engineering activities in the field of construction, as well as its time limit. Engineering and construction services are most often provided on the basis of a subcontract or a contract for the provision of technical assistance in construction. Also, a condition for the provision of engineering services may be included in the contract for the purchase of equipment and equipment, when the construction of the enterprise is carried out at the expense of the buyer, the provision of technical services by the seller is formalized either by including a list of these services, or by concluding an additional agreement on export supplies, installation of equipment, on the provision of technical services. As a result of the research, the author proposed a definition of the contract for the provision of engineering and construction services.

ЮРИСДИКЦІЯ СУДОВИХ ТА ПОЗАСУДОВИХ ОРГАНІВ У СФЕРІ ЗАХИСТУ ПРАВ ІНТEЛEКТУАЛЬНОЇ ВЛАСНОСТІ

Лариса Ігорівна Галупова — 2022-08-19

The relevance of the declared topic of scientific research is determined by the peculiarities of the objects of intellectual property rights, on the demand for a timely and competent response to the violation of intellectual property rights. Undoubtedly, the issue of protecting intellectual property rights in the context of the development of information technologies is becoming important. In this regard, this article is aimed at defining and revealing the concept of “jurisdiction” and revealing the jurisdiction of judicial bodies, as well as the jurisdiction of extrajudicial bodies and persons in the field of intellectual property rights protection. The leading methods for researching these issues are dialectical and systemic methods that allow considering the legal nature of the category “jurisdiction” in relation to judicial and extrajudicial bodies in the field of intellectual property rights protection. The systematic method makes it possible to determine the most effective ways, among all the legally permitted ways of protecting intellectual property rights, and to single out the categories of cases that are considered by courts and extrajudicial bodies. The article defines the jurisdiction of the High Court on intellectual property issues. Correlated methods of extrajudicial protection and methods of alternative dispute resolution. Jurisdiction of extrajudicial bodies and persons regarding the protection of intellectual property rights is defined. It is characterized that the jurisdiction of the dispute is affected by the legal status of the subject of the appeal, the nature of the disputed legal relationship and the subject of the claims. The theoretical value of the research work on this topic is to determine the jurisdiction of judicial and extrajudicial bodies and persons in the field of protection of intellectual property rights, taking into account the specifics of the conflict in the field of intellectual property law and the specifics of objects of intellectual property law. The practical value of the scientific research work consists in revealing the powers of bodies and persons carrying out judicial and extrajudicial protection of intellectual property rights and determining the method of effective protection of rights to the results of intellectual creative activity.

ОХОРОНОЗДАТНІСТЬ ТА ОБОРОТОЗДАТНІСТЬ ПОРОДИ ТВАРИН ЯК ОБ’ЄКТА ПРАВА ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Марія Василівна Голубей — 2022-08-19

The article considers the criteria for the protection of animal breeds as an object of intellectual property. At present, the current Ukrainian legislation does not disclose the essence of the animal breed and the grounds for granting legal protection. This is a significant omission, as it does not allow the animal breed to claim legal protection and turnover between the parties of civil relations. It was emphasized that in order to close this gap it is important to turn to the international, in particular European experience, where this issue is settled. After analyzing the practice of foreign countries, it was clarified under what conditions the animal breed should be provided with legal protection. Criteria for the protection should be: novelty, the presence of the fact of modification of the genome of the animal and its combination with the DNA of another animal/animals, distinctive ability, homogeneity and stability. In addition, a proposal was made for a security document that can certify the rights (property and personal non-property) to this object of intellectual property. This can be either a certificate or a patent. Peculiarities of animal breed turnover were also analyzed. As a general rule, an animal breed is an object that turnovers freely. It was emphasized that in the process of civil turnover, not the animal itself is a subject to alienation, but the property rights to it, which are certified by the relevant protection document. It is the security document that legitimizes the presence of the object in civil circulation. Without its presence, the turnover of the animal breed is uncertain and problematic in practice. It was also emphasized that personal inalienable rights cannot be transferred from one person to another. The study also focused on the relationship between the protection and turnover of animal breeds as an object intellectual property. These legal phenomena are closely related, as the legitimacy of this object is due to the presence of elements (criteria) of turnover. Only after the issuance of a protection document certifying property and personal non-property rights to this object, the animal breed can legally exist in civil circulation. The relationship is also due to the fact that the revocation of turnover occurs due to the expiration of the security document or its invalidation.

ВІРТУАЛЬНІ АКТИВИ ЯК РІЗНОВИД ЦИФРОВИХ РЕЧЕЙ

Катерина Георгіївна Некіт — 2022-08-19

The article is devoted to the study of the essence of virtual assets, in particular, cryptocurrencies, and to identify arguments in favor of recognizing virtual assets as a type of digital commodity. The technical essence of cryptocurrency, which is in its essence information or digitized energy, is analyzed. As a result of comparative analysis of the features and properties of cryptocurrency and information, a conclusion was made about the difference between cryptocurrency and the classical category of information. The value of cryptocurrency, unlike information as an object of civil rights, is not that it is a source of knowledge, but is determined only by the demand for it. In addition, the classic features of information, such as immateriality, impossibility of reduction to the material carrier, moral aging, the possibility of unlimited distribution, a variety of forms of fixation, impossibility of destruction, impossibility of separation from the transferor (inalienability), combination of information with material carrier, organizational form (documented form), universality, inexhaustibility, are not inherent for cryptocurrencies. On the opposite, cryptocurrency is not subject to moral aging, because it does not contain any relevant information, cannot be reproduced indefinitely, because the unit of cryptocurrency is clearly identified in the distributed registry system and cannot be duplicated. Cryptocurrency exists only in one clearly defined sequence of characters, and therefore cannot have different forms of fixation and does not correspond to the sign of universality, is completely separable from the person who transmits it, is exhaustive, as determined by the system in which it is mined and is the main characteristics of cryptocurrency, which determines its value, etc. The article also compares cryptocurrencies with other intangible objects of civil rights, in particular, the results of intellectual or creative activities. Based on the analysis, it was determined that cryptocurrency cannot be attributed to any of the existing types of intangible assets, but its properties and characteristics are close to things in the material world with the only difference that exists in virtual reality and has no material essence. As a result, it can be concluded that it is appropriate to recognize cryptocurrency as a type of digital commodity. The article also identifies the features of cryptocurrency as an object of civil rights.

ЗВЕРНЕННЯ СТЯГНЕННЯ НА ДОМЕННЕ ІМ’Я: ТЕОРЕТИКО-ПРИКЛАДНІ АСПЕКТИ

Наталія Миколаївна Булат — 2022-08-19

Digitalization of different fields of life significantly influence legal relations. One of the aspects of this is an opportunity to satisfy creditor’s claims by foreclosure of intangible property of a debtor. It is a well-known fact that digital assets may have high price. Examples of such assets include domain names. Nowadays, commercial value of this object is without discussion. Therefore, it begs a question about opportunities of foreclosure of it. The purpose of the article is to analyse theoretical and practical issues concerning opportunities of foreclosure of a domain name. The author considers an issue of the legal nature of a domain name. The courts practice of USA concerning foreclosure of a domain name is addressed. In this context, the article provides examples of both positive solving a question about an opportunity of foreclosure of a domain name (cases “Office Depot v. Zuccarini” (United States Court of Appeals, Ninth Circuit) and “Sprinkler Warehouse, Inc., Respondent v. Systematic Rain, Inc.” (Supreme Court of Minnesota)) and denying of such an opportunity (case “Network Solutions, Inc. v. Umbro International, Inc.” (Supreme Court of Virginia)). The key legal aspects which may arise regarding an issue of foreclosure of a domain name in Ukraine are determined. The ways of solving them are proposed. Conclusions are justified that it is efficient to recognise a domain name as an intellectual property object providing an opportunity of foreclosure of intellectual property rights to a domain name (all of them or some of them) and foreclosure of a domain name itself as a result of intellectual activity (in fact, this will mean foreclosure of all the intellectual property rights to it). The author pays attention that it is no need to limit a civil turnover of domain names. Instead of this, it is necessary to improve legislation regarding legal protection from unfair use of a domain name. It is emphasised that a registrant of a domain name has not only to be able to get benefits of possession of a domain name but also bear some risks including an opportunity of foreclosure of this object.

ФОРМУВАННЯ КАТЕГОРІЇ «ВІРТУАЛЬНА ІДЕНТИЧНІСТЬ» У МЕРЕЖІ ІНТЕРНЕТ

Віра Олександрівна Токарева — 2022-08-19

The article is devoted to the research of the category “virtual identity” on the Internet in terms of the transformation of views on the concepts of “natural person”, “individual”, “virtuality” in philosophy, cultural studies, psychology, sociology. The study of the formation of the category of virtual identity as a perspactive of a natural person on the Internet was provided with an interdisciplinary approach. The expansion of information communication technologies and the Internet leads to the interpenetration of the virtual world and physical reality, erasing between the categories of the real and the virtual (digital) world, putting on the foreground not am individual, but an electronic profile of a natural person or digital identity. Individuals sometimes do not realize that by authorizing trade platforms (eВау, Amazon, etc.), chats and websites, virtual identity is each time. Such a virtual identity represents a natural person during the transactions, participation in auctions, and even represents a person in the period of its absence. It has been established that there is a transformation of the ideas of the category “individual” as a citizen in the Internet. As the virtual identity is created on the Internet that it simultaneously co-exists in the physical and virtual world. Along with the indisputable advantages of the Internet, it also gives individuals the ability to pretend to be someone else, allowing them to communicate with anyone in the world, wearing different masks, defining different roles and choosing different identities. Phenomen of “Virtual identity” turns into a game to some extent, although not always plaing the part of yourself. It is proposed to differentiate a virtual person on the Internet as a perspective natural person on the Internet and virtual worlds that coincides with the identity of a person in physical world and a fake virtual identity, which does not correspond to natural person in physical world or is a digital twin of natural person in physical world which is created for purposeful deception and fraud.

ВИКОРИСТАННЯ ЦИФРОВИХ ТЕХНОЛОГІЙ У ЦИВІЛЬНИХ ПРАВОВІДНОСИНАХ

Наталія Анатоліївна Федосенко — 2022-08-19

This article is devoted to the theoretical justification of the influence of digital technologies on civil legal relations, an attempt was made to formulate a civil-law model of the regulation of civil legal relations with the help of digital technologies, an analysis of the features of civil-law regulation in the field of modern digital technologies, an analysis and determination of systemic connections and features of the influence of civil rights when using digital technologies. Civil legal relations as a type of social relations are in a constant process of adapting them to the realities of today. However, activities in the virtual space are currently regulated by traditional norms of civil law, adapted for the regulation of this type of relationship, but outdated in modern technologies. The above outlines the need for modern civil law regulation of new types of digital services, subjects and objects of civil law with the help of digital technological platforms, etc. The main feature of modern property relations is the use of digital technologies. Under the influence of digital technologies, a new branch of civil law regulation is being formed in the field of the institute of digital rights as an amendment to the Civil Code of Ukraine. Establishing the possibility of concluding agreements not only with the help of electronic, but also with the help of other technical means allows to reproduce in an unchanged form the content of such an agreement on a physical medium. Thus, through the prism of scientific achievements in the field of digitalization in general, and the impact of digital technologies on civil legal relations, the author examines the innovative nature of digital technologies in the outlined field of legal relations. It is emphasized that the general level of technology and technology allows the wide application of modern digital technologies in civil legal relations. The material significance of digital technologies determines their non-alternative use in civil property turnover and forms the economic value of digital assets and digital rights. Therefore, digital technologies create relevant models of business models of entrepreneurial activity, and the theoretical understanding and development of the conceptual foundations of legal regulation of civil legal relations in the conditions of the use of digital technologies is the most urgent task of the modern science of civil law.

ЗАЛИШЕННЯ БЕЗ РОЗГЛЯДУ ТА ЗАКРИТТЯ ПРОВАДЖЕННЯ ПІД ЧАС ЗАОЧНОГО РОЗГЛЯДУ ЦИВІЛЬНОЇ СПРАВИ

Юлія Вячеславівна Навроцька — 2022-08-19

The article is devoted to the analysis of the possibility of application of the leave institutions without consideration and closure of the case during the case in absentia. It is stated that the scope of application of the norms of institutions of closing of proceedings in the case and leaving the application without consideration, as well as a number of other civil-procedural structures, is limited in the case in absentia. Application of separate grounds for the application to be left without consideration, as defined by Article 257 of the Civil Procedural Code of Ukraine, and the closure of the case, as defined by Article 255 of the Civil Procedural Code of Ukraine, during the case in absentia, is obvious and does not require more detailed reasoning. Other grounds or specific implementation during the trial in absentia are certain conditions under which they can be applied by the court and result from the completion of the trial without a decision on the substance of the dispute, or they will not be able to apply at all. Each of the grounds is analyzed in detail in the article during the trial in absentia. It is proposed that the Civil Procedural Code of Ukraine provide for a provision whereby the court can approve the settlement agreement and close the case during the trial in absentia only when the authenticity of the signatures of the parties to such a statement of the peace agreement (or the agreement) is certified notarized. Similarly, it is proposed to resolve the situation when the plaintiff submits an agreement on the transfer of the case to the court of another state during the trial in absentia. Some grounds for closing proceedings or leaving without consideration may only be revealed during the case in absentia when the court has established them independently, or this will be known to the court from other participants of the process, except the defendant. Since the most obvious is that the plaintiff himself will not declare such circumstances, and the defendant cannot indicate to the court the existence of the relevant circumstance (unless he has done so before).

МІЖНАРОДНО-ПРАВОВА РЕГЛАМЕНТАЦІЯ ЗЛОЧИНУ ЕКОЦИДУ

Валентин Кіндратович Рибачек — 2022-08-19

The analysis of legal essence is conducted ecocide and his places in the system of crimes from an international criminal law. It is well-proven that екоцид is an international crime, inflicting a public danger through trenching upon a public nuisance and creation of threat to life of population of certain territory, state and humanity on the whole, destroying or all complex of environment, or him separate components. It is indicated on main signs, after that it is expedient to determine ecological crimes that answer ecocide. The examples of realization to ecocide are presented in the historically-newest period of development of society, beginning from the for certain well-known facts of First World war to present time. International cooperation is considered on questions a fight against ecocide the most effective form of that is development of international normative acts in relation to warning and responsibility for wrong acts against an environment and him natural components. A list over of basic normatively-legal acts of international value, that relate to realization to ecocide, is brought. Activity of international organizations is described on questions criminal to ecocide at an international level, and also positive influence of this process is set on realization of international safety. The question of setting of norms to ecocide is considered in the national legislation of Ukraine, and also in the countries of the CIS and Europe. It is indicated on expediency of addition of legislation of Ukraine about the guard of natural environment by a binding over in relation to ecocide and responsibility for him. It is marked on the considerable volumes of realization of RF of ecological crimes during full-scale military aggression against Ukraine, that fall under determination of concept « ecocide», and to the necessity of their fixing for a further international judicial trial them for the receipt of compensation to the infficted environment of ecological losses. Thus, an international fight against displays to ecocide must have corresponding legal regulation that would correspond with the degree of public danger of antilegal actions and degree of weight of consequences, and also take into account reasons and terms of feasance of antilegal actions.

ШЛЯХИ ВДОСКОНАЛЕННЯ ЗАКОНОДАВСТВА ПРО СПЕЦІАЛЬНІ РЕЖИМИ В УМОВАХ ВОЄННОГО СТАНУ

Тетяна Ігорівна Швидка — 2022-08-19

The article is devoted to the analysis of legislation and doctrinal sources on the special mode of economic activity. The purpose of this scientific work is to study the concept and characteristic features of a special legal mode, as well as to highlight the problems of legislative consolidation and practical implementation of a special mode in the conditions of martial state. The work was performed on the basis of general scientific and special methods of scientific knowledge. The main approaches to defining the special mode in the scientific literature were studied, as well as the peculiarities of this economic and legal institute. From the analysis, the main features that leading scientists pay
attention to are highlighted, and their own definition of a special regime is given. A study of the Economic Code of Ukraine and the main provisions governing the introduction of special modes was conducted. On the basis of doctrinal studies of scientists, the need for a clear systematization of types of special legal modes of economic activity has been established. The main problems of legislative consolidation of the legal construction of special modes of economic activity are highlighted on the example of a special mode in the conditions of martial state. The issue of economic and legal regulation of the organization and the implementation of economic activity by economic entities in the conditions of the implementation of the martial state mode was studied, and modern legislative changes that are in effect at this time are listed. On the basis of the conducted research, the main problems and shortcomings of the legislative consolidation and regulation of the special legal mode of economic activity have been identified. Ways of eliminating and further improving the legislation regulating the introduction and functioning of special economic modes, including in the conditions of the introduction of martial state, are proposed, which include the legislative consolidation of general provisions on the special mode and the systematization of its types, the elimination of gaps, dead norms and collisions, as well as improvement of special legislation and consolidation of basic provisions on certain types of special modes in unified legal acts.