bluuebunny/crossref_metadata_2025_split huggingface dataset:
Anomalies in rulemaking
Authors: Chuvakova Hanna 
Published: March 2020

The article deals with the issue of the necessity of studying constructions with objects that are in constant motion, development, and also in a transitional state for dialectical comprehension. Between the conventional poles (of a norm and of a pathology) there is a large field of deviations, anomalies.
Deviations in legal phenomena and processes can be understood in a broad sense and then considered not only in a negative, but also in a positive sense. Positive deviations usually indicate certain tendencies of development of the legal sphere of public life. But when it comes to anomalies, we can speak only of deviations in the negative sense. Then anomalies in the legal field are negative deviations from the norm.
Therefore, anomalies of law, legal anomalies and unlawful anomalies can be discerned among anomalies in the legal sphere.
The author states that the anomalies of law are not initially provided, but these phenomena objectively exist, and despite they are deviations from the norm, they are not legally punishable. The anomaly of the law is a deviation from the general pattern, from the normal formation and development of social relations, caused by various objective and subjective factors.
The author distinguishes such kinds of anomalies of law as anomalies in rulemaking, that is gaps and conflicts in law; anomalies in legal behavior, that is abuse of rights and objectively unlawful behavior; and anomalies in legal implementation, that is legal conflict, defective legal facts.
This article deals specifically with anomalies in rulemaking, which include, first of all, anomalies in the system of legislation, among which there are conflicts in law and gaps in law.
Conflict in law is a type of legal conflict arising when there are differences (in particular, contradictions) between the rules of law enshrined in the law and regulating the same factual relations.
Gap in law is the complete or partial absence in the formal sources of law of the rules, principles, or ideas necessary for the professional legal assessment of the facts and relationships that have arisen or may arise in such a sphere of public relations that is or should be within the sphere of legal regulation.
Economic rights in the sphere of local self-government: municipal legal aspects of institutionalization and implementation
Authors: Batanov Oleksandr 
Published: March 2020

The article discusses the municipal legal problems of the formation, implementation and guarantee of economic human rights. The role and importance of the institutions of local self-government in the conditions of the formation of a market economy are examined.
It is proved that the sustainable development of territorial communities and the effective functioning of municipal authorities depend on the level of economic development in the state, the standard of living of people, the social structure of society, and the like. Therefore, the economic guarantees of the municipal government and human rights in the field of local self-government are the economic system of society, which is based on the principles of a market economy; unity of economic space; free movement of goods, services and financial resources; support for competition, freedom of economic activity, business and labor; recognition, pluralism, equality and protection of various forms of ownership, including communal ownership.
The author believes that local self-government not only captures the political, spiritual and moral values and social achievements of mankind in any social development, but also becomes the most sensitive matter of its economic growth or decline. Also at this level of public authority organization there is a dialectical combination of the will of the legislator with the specific socio-economic interests of the local population.
It is argued that only in those states in which local self-government and fundamental values of municipalism are recognized, exist, practiced and comprehensively guaranteed, as a rule, can an algorithm be formed according to which the legislative branch is elected democratically, the executive branch is controlled and accountable to it (political aspect), and the economy is developed, market, constant, and the like.
It is concluded that the study of human rights in general and of economic rights and freedoms in the context of local self-government, as well as the conceptualization of local self-government through the prism of constitutional economy, market relations, economic security, etc. is one of the most pressing tasks of legal science. This has not only scientific and theoretical significance, but also, first of all, practical significance: both from the point of view of developing legislation, and in terms of resolving specific issues of the formation of real local self-government and the establishment of market relations, the formation of effective mechanisms for ensuring economic human rights in the community.
System guarantees of OSINT in the sphere of anti-corruption activities in law enforcement agencies
Authors: Shcherban Viacheslav 
Published: March 2020

In the article the specific of OSINT guarantees functioning in the field of anti-corruption activities in law enforcement agencies are analyzed. The author classified the system of such legal guarantees. The legal nature of each of the guarantees has been investigated. Their relationship, nature and role have been clarified. Their content and importance for the proper functioning of OSINT in the field of anticorruption activities in law enforcement agencies are described.
It is proved that the system of guarantees of OSINT functioning in the field of anti-corruption activity in law enforcement agencies is the following guarantees:
1) guarantee of the right of law enforcement agencies to collect, store, use information freely, if it does not violate the secrecy of correspondence, telephone conversations, telegraph and other correspondence, and does not consist in the collection, storage, use of confidential information;
2) guaranteeing the creation of mechanisms for the exercise of the right to information by law enforcement agencies in the process of conducting open-source intelligence;
3) guarantee of free access of law enforcement authorities to statistical data, archival, library and museum funds, other information banks, databases, information resources and receipt of necessary information from all state authorities, enterprises, organizations and institutions, including banks, regardless of form property, including information from automated information and reference systems, databases, property information, income, expenses, financial liabilities of persons who declare them in the prescribed the law of the order, information about the use of funds of the State Budget of Ukraine, disposal of state or communal property;
4) guarantee of openness of information on the financial status of the subject of authority;
5) guarantee of receiving information from its managers;
6) guarantee of maximum simplification of the procedure for obtaining public information.
Legal nature of the Power Purchase Agreement at the feed-in-tariff
Authors: Nykytchenko Nataliia , Gordienko Katerina 
Published: March 2020

The article analyzes the procedure of buying the electricity according to the feed-in-tariff (FIT) and the model («Typovyi») Power Purchase Agreement, in connection with the introduction of a new electricity market and the order of Renewable producers` business. Specific features of the model Power Purchase Agreement conclusion between Renewable producers and the Guaranteed Buyer are defined. It also analyzed the differences between the model Power Purchase Agreement and the oriental agreement as well as researched a mechanism of investors protection who would invest in the Renewable projects. The authors of the article have made a comparative analysis of the different Power Purchase Agreement`s editions, in particular: actual model agreement form and oriental agreement according to which the Renewable producers are no longer work but the provisions contained therein make it possible to analyze the process and the reasons for adoption of the new one form.
Effectiveness of a new electricity market introduction from July 1, 2019 depends on the regulation of the activities for all the market participants. Special operating conditions have been provided for the Renewable electricity producers. In particular, with the introduction of a new market, Renewable electricity producers began to sell electricity to the Guaranteed Buyer, the successor of the SE «Energorynok». However, in order to implement the new procedure of work for the Renewable producers, the Regulator needed to approve certain regulatory acts. With this purpose, in September 2018, the National Commission for State Regulation in the Fields of Energy and Utilities published a draft resolution «On approval of regulatory acts regulating the activity of a guaranteed buyer and purchase of electricity at feed-in-tariff», which contained the form a new model contract for the sale of electricity at feed-in-tariff between a Guaranteed buyer and an entity that produces electricity using alternative energy sources as well as the order of purchase and sale of electricity at FIT.
As rightly expected, the approval of these regulations is an important element not only for functioning of the new electricity market, but also for the continued growth of electricity production from renewable energy sources and attracting international investments.
Substitution of debtor in obligatory legal relationships
Authors: Riabokon Ievgen 
Published: March 2020

The author pays attention to the issues of the dynamics of obligatory relationships, providing the possibility of their participants’ substitutions. It is noted that the content of the current civil legislation of Ukraine creates grounds for identifying the notions of “substitution of the debtor in the obligation” and “transfer of debt”, which is unacceptable. The author draws a distinction between these notions, alleges that the transfer of debt is only one of the reasons for the substitution of the debtor in the obligation.
Due to the fact that a basic factor that resulted a perception of the synonymy of the notions “replacement of debtor” and “translation of debt” is an imperfect formulation of Art. 520 of Civil Code of Ukraine, in a perspective legislation it is necessary substantially to extend the grounds of replacement of debtor in an obligation.
It is expedient to define in text of this norm, which one legal facts, that entail legal succession, also result in replacement of debtor in an obligation. These facts may include: inheritance, reorganization of legal entity by confluence, joining, division and transformation, allotment that is not the type of reorganization by the law, agreement on transfer of debt.
The grounds for replacing the debtor (in part of transferring debts) should be considered a transfer of contract providing for the transfer of rights and obligations in a mutual obligation; acquisition of rights of the enterprise as a single property complex, which may include debts under part 2 of Art. 191 Civil Code of Ukraine; changing the owner of the thing that is the subject of the contract, as a result of which the acquirer becomes the assignee of the party both in terms of rights and duties (part 4 of article 358, part 1 of article 770 of the Civil Code of Ukraine); other grounds defining features of the succession of obligations.
A critical attitude was expressed regarding the expediency of introducing into civil law such a ground for replacing a debtor as accepting a debt. It is argued that acceptance of a debt can be understood as an extremely wide area of different legal relationships, that could be associated with substituting the previous debtor with a new one and causing succession, or aiming at changes in the subjects, not connected with the substituting of the debtor and not causing the emergence of the succession. Attention is paid to the peculiarities of judicial practice in the field of application of the legislation on the substitution of a debtor in obligations.
The sphere of land relations as a component of administrative and legal regulation subject
Authors: Zalievskyi Vladyslav 
Published: March 2020

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them.
Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized.
A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law.
The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law.
Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.
Participation of the lawyer in forced enforcement of decisions in simplified cases
Authors: Lubiana Kateryna 
Published: March 2020

The article is devoted to investigating the specifics of the lawyer’s involvement in enforcement of decisions in summary proceedings. The issues of the essence of the enforcement proceedings and its parties, the order of enforcement of decisions, as well as the peculiarities of the participation of a lawyer at each stage of enforcement of decisions are considered.
It is substantiated that the execution of decisions in the cases of simplified proceedings is carried out on the general basis, characteristic for the enforcement of decisions in the cases of lawsuit.
Summarized that the specifics of the lawyer’s involvement in enforcement of decisions in summary proceedings are as follows:
1) the lawyer in enforcement of decisions in the cases of simplified proceedings may represent the interests of the debtor or the debtor;
2) the powers of the lawyer as a representative in the enforcement of decisions in cases of simplified proceedings shall be certified by a warrant, an order of a body or institution authorized by law to provide free legal aid, or a contract for legal aid;
3) the peculiarity of the cases of the summary proceedings is in the order of their consideration, the terms, the peculiarities of the proceedings, however, the procedure for the execution of the decisions in the cases of the summary proceedings is general, and therefore in this context the activity of the lawyer is carried out on a general basis;
4) the competence of attorneys representing the debtor and the debtor differs - they are given the same rights and obligations, but the debtor’s lawyer is obliged to additionally ensure that his client’s legal requirements are fulfilled by the court decision.
The article contains conclusion that the peculiarities of the lawyer’s participation in enforcement of decisions in the cases of simplified proceedings are conditioned by his ability to represent the interests of the debtor or the debtor and a competence that is different in each of these cases.
Decriminalizing Illegal Enrichment: Politics or Rule of Law?
Authors: Podhorets Serhii 
Published: March 2020

Corruption crimes pose a great public threat and actually encroach the normal functioning of various spheres of life. Corruption crimes are a major problem that needs to be addressed at the legislative level. Unfortunately, the issue of composing some provisions of the Criminal Code of Ukraine has led to the exclusion of the provision on illegal enrichment from among criminal acts. This decision was made by the Constitutional Court of Ukraine by deeming Article 368-2 of the Criminal Code of Ukraine "Illegal enrichment" unconstitutional.
Fifty-nine National Deputies submitted their appeal to the Constitutional Court of Ukraine to determine whether Article 368-2 of the Criminal Code of Ukraine was in conformity with the Constitution of Ukraine. The Constitutional Court of Ukraine therefore began to examine the matter and reached a decision. The decision of the Constitutional Court of Ukraine established that Article 368-2 of the Criminal Code of Ukraine was not in conformity with the Constitution of Ukraine. In its decision, the Constitutional Court of Ukraine emphasized that countering corruption should be carried out by legal means only, in compliance with the constitutional principles and with the provisions of legislation adopted in accordance with the Constitution of Ukraine.
This decision was not adopted unanimously, since some judges took a completely different position in the matter. Such disagreement resulted in some individual and dissenting opinions of the judges regarding the decision of the Constitutional Court of Ukraine. The individual opinions were expressed by the following judges: Viktor Kolisnyk, Stanislav Shevchuk, Ihor Slidenko, Oleh Pervomaiskyi, Vasyl’ Lemak, Viktor Gorodovenko. Judge Serhiy Golovatyi expressed a dissenting opinion as he is convinced that his colleagues' position on decriminalization of Article 368-2 of the Criminal Code of Ukraine is erroneous.
The decision of the Constitutional Court of Ukraine on deeming Article 368-2 of the Criminal Code of Ukraine "Illegal enrichment" unconstitutional was not reflected in the clear position of the judges reaching it. That is why the judges expressed the individual opinions and the dissenting opinion.
Meanwhile, the adopted Draft Law № 1031 “On Amendments to Certain Legislative Acts of Ukraine on Confiscation of Illegal Assets of Persons Authorized Serving for State or for Local Self-Government and on Punishment for Acquiring Such Assets” proposes to reinstate criminal liability for illegal enrichment, taking into consideration the position set forth in the decision of the Constitutional Court of Ukraine.
Social conditionality of protection of the order of execution of court decisions
Authors: Yusubov Kostіantyn 
Published: March 2020

The article deals with the social conditionality of the criminal and legal protection of the enforcement of court decisions.
The grounds and principles of setting up criminal responsibility for not fulfilling court decision are being investigated. The grounds of setting up criminal responsibility for not fulfilling court decision were researched on the light of different theories of criminalization. One of them proceeds from its understanding as an integral part of criminal law policy. According other theory criminalization is a system of crimes that are written in the criminal law also as result of legislative activity of the state.
Based on the above, it can be concluded that, regardless of the chosen theoretical model of criminalization of action, the social conditionality of criminal protection of non-enforcement of a court decision is characterized by all the characteristics that lead to the conclusion that it is appropriate to criminalize such behavior.
The main factors (grounds, criteria) of criminalizing the non-enforcement of a court decision include: 1) socially dangerous of behavior that encroaches on the authority of justice, since the execution of a court decision is one of the guarantees of access to justice; 2) the widespread prevalence of this socially dangerous behavior that gave rise to ECHR finding of the systemic nature of non-enforcement of judgments in Ukraine; 3) the need to fulfill the international obligations arising from the membership of Ukraine in the Council of Europe and the recognition of the jurisdiction of the ECHR, which leads to the implementation of general measures.
These factors determine the need to influence the public relations by criminal law measures, however, taking into account the principle of saving criminal repression.
The electronic commerce legal regulation features within the European Union
Authors: Pashkov Kirill 
Published: March 2020

Considering that improving access to digital goods and services, creating an environment where digital networks and services can thrive, positioning of digitalization as the driving force of everything new, it becomes clear that an e-commerce legal platform of EU business entities activity will soon be subject to review in the EU and in connection with this fact, the study of the features of modern legal regulation of electronic commerce within the EU becomes both theoretical and practical relevance and significance.
The article deals with the peculiarities of legal regulation of electronic commerce within the European Union. The author of the article has analyzed in detail the legal framework and the legal norms that regulate the implementation of e-commerce in the EU and which have the greatest impact on the implementation of foreign economic activity. These norms were grouped in three directions: 1) norms that set the country of origin principle; 2) rules that recognize the legal force of electronic contracts and regulate the procedure for their conclusion; 3) rules that limit the liability of third party content providers. For this research, an analysis of secondary law of the European Union governing the conduct of electronic commerce within the Union has been carried out. Particular attention is paid to the study of the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information services, in particular e-commerce, in the internal market, namely, on the internal market, aimed at promoting the development of the EU information services market in the EU, on the principles of the conclusion of electronic agreements in the EU, a list of the minimum information that the information society service provider must give to the customer in the EU, as well as the provisions minimizing the Internet intermediaries liability for the actions of third parties related to the implementation of electronic commerce.