bluuebunny/crossref_metadata_2025_split huggingface dataset:
Self-taxation of the population as an institution of financial law
Authors: Babin Igor 
Published: June 2020

The article reveals the features of self-taxation of the population as an institution of financial law. There is no consensus among national and foreign scholars on the understanding of the nature, place and role of self-taxation in the system of profitable sources of territorial communities. For the most part, self-taxation is considered to be an institution of a tax nature, compulsory non-tax payment, charitable contributions, local borrowing. The problem is also caused by the fact that today in Ukraine there is practically no legislative regulation of this financially legal institute.
The procedure for establishing and entering, the basis for collection and collection depends on the correct determination of the place of each type of payment in the system of revenue of public entities, and in particular in the system of obligatory payments.
Although self-taxation and taxes are inherent in a number of common features (public nature, individual non-gratuity, mandatory payment), these payments cannot be equated. First, self-taxation differs from the taxes by target character. Secondly, self-taxation is characterized by its own form of legalization - holding a general meeting or a local referendum, while for taxes such forms of direct democracy are explicitly prohibited by law. In the foreign scientific literature, based on this peculiarity of self-taxation, it is often called the instrument of direct democracy and the people's financial initiative. Third, self-taxation is different from taxes by the entity of imposed. The subject by imposed of local taxation is the representative body of local self-government (local council), and self-taxation is directly the residents of the respective territorial community. Fourth, self-taxation, unlike taxes, is inherently voluntary in nature. At a general meeting or local referendum, residents of a territorial community voluntarily agree to introduce self-taxation, its size, payment procedure, purpose of using the funds raised, or vice versa, but these issues are not discussed with taxpayers.
It is argued that self-taxation is an independent, non-taxable type of payment that is used to resolve issues of local importance, the size and order of introduction and use are set independently by the population at a general meeting or local referendum. Introducing self-taxation is essential for the development of territorial communities. Self-taxation allows territorial communities to receive additional funds, increase civic activity of residents, and increase the level of responsibility of local self-government bodies.
Separate proposals for improving the regulatory support for legal regimes in labor law in the light of labor law reform
Authors: Vakaryuk Lyudmila 
Published: June 2020

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes.
It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task.
It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.
Corporate law in Ukraine within the framework of approaching the European Union standards
Authors: Vasylieva Valentyna , Kostruba Anatolii 
Published: June 2020

The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
Legal regulation of social leaves: experience of post-Soviet countries
Authors: Rudnytska Olga 
Published: June 2020

The article is devoted to the issues of legal regulation of social leaves by the labour legislation of the countries of the former Soviet Union. The types of such leaves, their peculiarities and the procedure for granting individual labour legislation in the country are investigated. It has been established that workers with family responsibilities under both domestic and labour legislation of the post-Soviet countries are given social leave of both identical and different purposes and duration.
It is concluded that the labour legislation of individual countries have identified categories of women for whom the duration of maternity leave is significantly increased or has its own characteristics. Such categories include women affected by the Chornobyl disaster, as well as those working in agriculture or in the area of ​​radioactive contamination.
It is stated that the inclusion of such types of leaves as without salaries, in connection with the Chernobyl disaster and study holidays in social is justified in order to provide them - to ensure social goals.
The author establishes that a Ukrainian employee has a restriction on the use of full-time leave of up to six months of continuous work at the last place of work. It is proposed to amend the current legislation on leave by adding a rule that allows, by agreement of the parties, to grant leave to the employee before the expiration of the six-month period.
The article investigates that additional paid social leave for workers with family responsibilities is stipulated by the labour legislation of Ukraine, Azerbaijan and Moldova, but the duration of such leave in these countries is shorter than in our country.
It is concluded that the current labour law of Ukraine, unlike other labour codes of the post-Soviet countries, more fully regulates the issue of granting social leave to employees with family responsibilities. Positive experience in regulating certain types of social leaves should be taken into account in the process of reforming national labour legislation, in particular, it is advisable to include educational leaves, leaves in connection with the Chernobyl disaster and leaves without keeping salaries for good personal and family reasons, because their purpose is to fulfill social goals.
Electronic evidence as a means of evidence in civil proceedings
Authors: Tatulych Iryna 
Published: June 2020

The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice.
Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System.
In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.
Problems of legal protection of industrial samples in enterprises in Ukraine
Authors: Bondarenko Olga 
Published: June 2020

The article deals with the important problems that arise in the implementation of the legal protection of industrial designs in the enterprise in the course of their economic activity.
One of the major problems associated with the legal regulation of the protection, use and protection of industrial property is the clash of the rights of some entities with the rights to other intellectual property. An example would be the collision of industrial design rights with copyright and trademark rights for goods and services. In addition, the concept of production has changed from mass to serial and customer-oriented, the life cycle of the product has been significantly reduced and its moral rapid aging has become dominant in its renewal.
It was noted that there was a need to improve the legislation on industrial designs and the preliminary scientifically sound justification of strategic direction (from patenting to registration) and privacy before elaboration of relevant proposals and bills. The efficiency of legal protection of industrial designs in enterprises depends on the degree of perfection of the legislative framework.
First of all, it is analyzed what violations of patent holders' rights can arise and what ways of overcoming them can be applied to reduce the negative impact of such violations on the economic growth of the enterprise. Please note that it is now very often necessary to identify major conflicting or problematic situations in granting legal protection to industrial designs and trademarks, as well as the question of the legislative and enforceable distribution of two types of exclusive rights. Often there are disputes about the relation between the legal protection of the industrial design and the trademark. This issue has been analyzed and specific proposals are made for amending existing legislation on industrial designs.
Also considered are the types of patent strategies developed by major corporations in Japan, the US and Western Europe, such as: patent flood strategy, patent blocking strategy, combined patent strategy. And, based on this analysis, we recommend that they be put into practice by business entities to protect and safeguard their intellectual property rights.
Some aspects of the realization of the public’s right to participate in strategic environmental assessment
Authors: Kozmuliak Kateryna 
Published: June 2020

The aim of this article is to analyse the current state of legal regulation of public participation in the strategic environmental assessment (hereinafter – SEA) procedure, to study the mechanism for exercising this right and to identify its possible shortcomings.
The article concludes that there are some problems that do not properly exercise the public’s right to participate in SEA. They are the follows: 1) the procedure of public discussion during the SEA needs to be improved in terms of informing the public; 2) the mechanism of guaranteeing and protecting the right to participate in SEA is imperfect and does not provide adequate protection in the event of a violation of this right.
On author’s opinion the list of mandatory measures, defined in the SEA legislation of Ukraine, does not fully ensure the effective informing of the public and involving it in the discussion of state planning documents. The information that really aims to engage the general public should include not only print media but also a broad social media campaign, engaging journalists in radio and television coverage. However, there is a risk that detailed regulation at the legal level of ways of informing the public in this area would lead to unjustified costs of SEA customer’s budgets.
Particular attentionin the article is paid to the study of ways of protecting the rights of the public in case of improper informing or neglect of public comments during the SEA. It is concluded that ways of protection of the investigated right may be the next: to challenge the decisions, actions or omissions of participants of the SEA process and to bring to justice for the violation of the requirements of the SEA legislation. However, The SEA Act makes no mention of such mechanisms. The Code of Administrative Offenses and the Criminal Code of Ukraine also do not contain the relevant types of offenses. The author considers this situation unacceptable and proposes to supplement the Code of Ukraine of Administrative Offenses with the relevant offenses in the field of SEA.
The article concludes that mediation is an important mechanism for resolving conflicts that may arise in the conduct of SEA. This procedure may be applied at any stage of SEA. If it is obvious that conflict will not be avoided, mediation should be applied as soon as possible. At the same time, its terms should not be too long, so as not to paralyze the development of draft state planning document.
The genesis of the legal regulation of the sale of land plots and rights to them on a competitive basis
Authors: Kolomiitseva Diana 
Published: June 2020

The author identifies six main stages and outlines the peculiarities of legal regulation of the sale of land plots and rights to them on a competitive basis at each stage. The first stage was from 18 December 1990 to 28 June 1996; the second stage took place from 28 June 1996 to 1 January 2008, covering the period of adoption of the effective Land Code of Ukraine dated 25 October 2001; the third stage lasted from 28 December 2007 to 5 July 2012; the fourth stage was the stage of the development of competitive acquisition of rights to land plots covering the time period from 5 July 2012 to 21 June 2017; the fifth stage covered the experimental period from 21 June 2017 to 1 October 2019; the sixth stage has been going on since 1 October 2019.
This periodization enables, firstly, to create a systematic view of the development of legal regulation of the competitive principles of acquiring rights to land plots under the land legislation of Ukraine; and secondly, to assess the legal risks of acquiring rights to land plots having been acquired in a period of time corresponding to the stage of legal regulation.
The conducted analysis of the genesis of legal regulation of the sale of land plots and rights to them on a competitive basis indicates that in the circumstances of lack of legal framework for land auctions, the process of disposal of land plots and rights to them on a competitive basis have not been stopped. Each of the identified stages of legal regulation, except for the fourth one and the last one, has some contradictions in the source base bearing some legal risks for the contracts of sale of land plots on a competitive basis concluded at these stages.
Like the Presidential Decrees at the first stage and the Regulation of the Cabinet of Ministers of Ukraine at the fifth stage, the decisions of local councils at the second and third stages were a means of and an attempt to accelerate the necessary changes in the land legislation. On the one hand, these regulatory acts are contrary to the provisions of the Land Code of Ukraine, and on the other hand, they are administrative acts that have been in force for a certain period of time and have not been repealed or deemed to be unconstitutional.
Therefore, in making the legal evaluation of the agreements concluded on a competitive basis, they should be assessed taking into account the abovementioned factors.
Institutionalization of interests in the context of ensuring the environmental function of the state
Authors: Moroz Galyna 
Published: June 2020

The article investigates the process of institutionalization of interests in environmental law as a target model in ensuring the environmental function of the state. It is proved that the effectiveness of the mechanism of legal regulation of environmental relations depends directly on the formal definition of public and, of course, other types of interests that are reflected in environmental law relations. It is emphasized that the most convenient form of legislating on interests is to give them a form of subjective law, which introduces certainty in the means and ways of ensuring them. In the meantime, subjective rights are not the only form of objectification (legalization) of interests, it is the only possible way of legal institutionalization of interests in environmental law.
The article substantiates the fact that the full representation of the whole range of interests of environmental and economic nature in social and legal life is possible through the process of their institutionalization, which should result in harmonization of the divergent interests of the corresponding social actors, transformation of spontaneous behavior into predictable and modellable. Institutionalization results in the emergence of appropriate sets of laws (formal and informal) that determine a certain order in the nature of human-nature interactions by shaping the rules and regulations of environmentally sound behavior of economic entities, establishing certain boundaries and restrictions in the process of environmental management.
Institutionalization of environmental interests in the scientific literature is considered as a set of legal phenomena, including legal personality, system of legal measures, techniques, mechanisms, state legal regulation, legal protection, legal liability.
The conceptual understanding of the mechanism of institutionalization of interests in environmental law is defined as a multifaceted long process of formation of environmental and social order in the form of established functional sets of laws within the framework of socio-economic, political and legal systems, in which conditions the interests of individuals and groups are approximated to regulatory requirements, and abstract rules are transformed into real and effective models of stable interaction.