Scientific and practical journal «Law. Human. Environment»
Scientific Herald of NULES of Ukraine. Series: Jurisprudence → Scientific and practical journal «Law. Human. Environment» ISSN 2663-1369 (Online), ISSN 2663-1350 (Print) Subject: Theory and history of state and law, agricultural law, land law, environmental law, civil law, civil litigation, commercial litigation, administrative law, information law, financial law, international law. Year established: 2010 Founders: National University of Life and Environmental Sciences of Ukraine Published 4 times a year Languages of the publication: Ukrainian, English. Address: Heroyiv Oborony st., 15, Kyiv-03041, Ukraine. Phone: +38 044 527 87 20 Indexed in the following international scientometric databases: Ulrichsweb BASE Google Scholar ResearchBib MIAR The main purpose of the journal is the promotion of agricultural law, land law, environmental law and international law. Its main purpose is publishing articles of problem-techniques in production, synthesis and methodical, which highlights research results with statistical data with theoretical and practical significance relevant to agriculture and not previously published.
Національний університет біоресурсів і природокористування України
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Legal position as a subjective part of legal culture: to a propounding question
The article outlines the role of legal culture in overcoming internal and external threats to sustainable state and legal development of Ukraine. Attention is focused on the need to intensify scientific and legal research in the direction of developing a common cultural and legal policy of the state, in particular through the theoretical and legal study of the legal position as an subjective part of legal culture. According to the results of the study, it is established that in the national legal science there are no complex theoretical and legal studies of the concept of «legal position». When characterizing the legal culture, it is better to show it through the generic concept of «life position». The analysis of such concepts as life, position, value, evaluation, value attitudes, value orientations, worldview, experience, reality is carried out. The concept of life position and legal position is formulated. Keywords: life, position, value, assessment, value attitudes, value orientations, worldview, experience, reality, life position, legal position, legal culture
Theory and philosophy of law. History of law and state
Copyright (c) 2019 Scientific and practical journal «Law. Human. Environment»
Non-traditional formal sources of civil engineering law
The article attempts to discover for the first time the content of the so-called «unconventional» formal sources of law, that is, legal practices and case law, which play ancillary, subsidiary role in the regulatory acts of town planning legislation. Confirmation of the involvement of legal practices in the field of urban planning is the application of uniform construction practices, which are contracts FIDIC (The International Federation of Consulting Engineers). The assessment of the contribution of court decisions to the formation of town planning law resulted in their classification according to the jurisdiction and content of the cases under consideration. Keywords: town planning law, sources of town planning law, town planning legal practices, urban planning jurisprudence
The concept and content of the legal regime of industrial parks in Ukraine
The article explores the concept and content of the legal regime of industrial parklands as an object of land relations. According to the results of the study, the author extrapolates the definition and legal features of the concept of «legal regime of lands» on the land of industrial parks for mulates the definition of the legal regime of lands of industrial parks. It is established that the peculiarity of the legal regime of lands of industrial parks is the equal rights of legal entities of private and public right to obtain the use of land within industrial parks for carrying out economic activities. The choice of the form of land use of industrial parks depends on the ownership of the land plot to land of private or public ownership. The proposals on directions of improvement of the current legislation of Ukraine concerning the legal regime of lands of industrial parks are formulated. Keywords: industrial parks, legal regime of land, land relations
Electronic evidence is one way of proving civil litigation
The article is devoted to the study of theoretical and practical aspects of definition and application of the concept of «electronic evidence», which is legally enshrined from December 15, 2017 (entered into force the Civil Procedure Code of Ukraine in the new version). The classification of electronic evidence, the analysis of the use and use of electronic evidence by courts of general jurisdiction were investigated. Specific examples are provided in court cases regarding the use by courts of Ukraine of electronic evidence provided by parties to civil litigation. Keywords: civil process, electronic evidence, electronic documents, screenshots, audio, video, web pages
To the issue of tort liability of medical staff in the patient safety system in Ukraine and the world
The article is analyzed specific issues regarding the legal regulation of health care liability; the delineation of contractual and tort liability of medical professionals is justified. Installed particular qualities of medical staff responsibility in Ukraine, the European Union and the United States by analysis of regulatory legal acts of health legislation, judicial practice, the positions of the leading scientists in the medical and legal field. The categories are disclosed: «medical (medical) error», «negligence», «incident» and medical statistics examined. Analyzed the opportunities and ways to unify the norms of national legislation with relevant standards of the World Health Organization in particular due to work on an international classification of basic concepts in the field of patient safety. Keywords: responsibility of medical staff, tort liability, medical error, patient safety system
Administrative responsibility as an effective mechanism of legal regulation in breeding affairs in animal husbandry
The article describes the problems of administrative responsibility in breeding affairs in animal husbandry of Ukraine. The analysis of the rules of the Code of Administrative Offenses and other normative legal acts providing legal regulation in the specified field. The study found that national legislation governing administrative responsibility for offenses in breeding affairs has a number of gaps. The attention is paid to the need to improve the institution of administrative responsibility for offenses in this area, outlines ways to overcome existing gaps in the current legislation. Keywords: administrative responsibility, breeding affairs, breed of animals, breeding evidence, breeding (genetic) resources, official type assessment, identification and registration of animals
The state legal history forms a specialist lawyer
Review of the textbook: Protosavitka L.S. State History and Law of Ukraine: A Tutorial in the Schemes. Kiev: FOP Yamchinskiy O.V., 2019. 360 p.
The peculiarities of the birth of a new normative array in the system of national law, which is urban planning law, are considered. Against the background of the divergence of scientific approaches to determining the place of town planning law in the system of law, the author's vision of the latter as an independent complex branch of law is grounded. The features of the emerging industry in terms of the balance of independence and complexity are characterized. On the basis of a comparative analysis of the town planning legislation of the countries of the post-Soviet legal family and the relevant doctrinal provisions, the subject of town planning law is determined, which constitutes the relations of construction, architectural and planning organization and development of territories and settlements. Keywords: town planning law, town planning legislation, construction law, a comprehensive branch of law, subject of town planning law
Features of the legal providing for energy security of EU
Ensuring energy security nawadays is a key factor in the development of any state's economy and the impediment to the normal functioning of modern society. First and foremost, it concerns the energy importing countries, which are the Member States of the European Union. However, despite its status as an importer of energy resources, the EU has been able to implement a policy of energy security and by adopting a number of regulations, making it the first pillar of economic development in the world today. In the first place, energy security has been achieved through the introduction of diversification of natural resources and the encouragement to use alternative energy sources. Ukraine, as a predominantly importer of energy resources, needs to learn from the European Union's experience in the field of energy security in order to implement them in its own legal field. In view of this relevance of the study of the features of the EU legal security of energy security for Ukraine is beyond doubt. Keywords: energy security, legal security of energy security, international energy security law, energy law, EU energy security
Legal regulation of state support of organic agricultural production according to legislation of Ukraine and the EU
This article researches the legal bases of state support for organic agricultural production under the legislation of Ukraine and the EU. On the basis of the analysis of the EU legislation, the legal grounds and the procedure for granting state support to entities engaged in organic farming are identified. The analysis of the national agricultural legislation showed that the legislation of Ukraine on state support of agriculture did not take into account the importance and features of organic agricultural production. The conclusion is made about the necessity of adaptation of the legislation of Ukraine on state support of organic agricultural production to the EU legislation and ensuring guarantees of priority access of producers of organic agricultural products to the measures of state support. Keywords: state support for agriculture, the EU legislation, organic farming, organic agricultural production, producers of organic agricultural products
The place and role of the state and rights in the scientific heritage of S. Dnistryansky
The article out lines the political and legal views of a domestic lawyer of the late XIX century – XX century. S. Dnistrianskyi, the scientific heritage of the scientistis analyzed, historical sources are investigated; the state of scientific research of the topic is established, the essence of the concepts of state and law, the constitution is determined; analyzes the main human rights and freedoms, the problem of the relationship between man and power in a democratic society; investigated the constitutional legal status of national minorities in a state of law. Keywords: state, law, constitution, nation, people, rights and freedoms, national minorities
Conservation of biodiversity and restoration of natural ecosystems in the territory of Kherson region: legal problems and ways of their solution
The article discusses the value of biodiversity, priority areas for biodiversity conservation, protection and protection of ecosystems, restoration of natural ecosystems, and state support. It is considered and analysed normatively is the legal providing, in relation to maintenance of biovariety in Ukraine. Biodiversity is one of the most important assets of every state, because living organisms perform vital functions and are indicators of all environmental changes. Therefore, biodiversity changes are one of the most dangerous changes and are irreversible. Biodiversity loss is one of the global environmental problems. Biodiversity conservation is a complex and complex program. Their successful solution depends on many scientific, legal, environmental, organizational, financial, ethical, educational measures, etc. These tasks are part of the global conception of the strategy and tactics of human survival. Keywords: ecosystem, maintainance and proceeding in natural resources, use of ekoresursiv, state support
Industrial labor protection regulations in agriculture: legislative innovation
The article analyzes the changes that have occurred in the legal provision of labor protection in agriculture at the level of industrial regulations. It is concluded that the optimization of industrial labor protection legislation, which resulted in the adoption of new Agricultural Safety Rules and the integration in this document of safety requirements for all production processes and works performed in the production of agricultural products, was a necessary step for improving legal support for this area. The main shortcomings of the mentioned industrial regulation on labor protection were identified: lack of instructions on basic documents regulating labor protection measures and means; the actual absence of updated provisions regarding the consideration of current requirements for existing technologies, machines, equipment of agricultural production; absence of special security requirements for the sub-sectors of goat farming, shepherding, furry. It is proposed as a priority area of work for improving the efficiency of the organization of labor protection at agricultural enterprises and simplifying the process of development of relevant local regulations directly for economic entities, updating the indicative labor protection instructions for workers employed in crop production, and developing indicative instructions for labor protection by type of work or occupation for the livestock industry. Keywords: labor protection, agriculture, legal support, industrial regulations on labor protection, crop production, animal husbandry
Legislation of the European Union Related to Municipal Waste and its Reflection in the Association Agreement with Ukraine
Since signing the Association Agreement with the European Union on June 27, 2014, Ukraine has continued process of adaptation of its legislation in the field of waste management to European standards. According to Annex XXX to Chapter 6 of the Association Agreement, Ukraine should implement the following three Directives: Directive 2008/98/EC of the European parliament and of the Council of 19 November 2008 on waste and repealing certain Directives; Council Directive 1999/31EC of 26 April 1999 on the landfill of waste and Directive 2006/21/EC of the European parliament and of the Council of 15 March 2006 on the management of waste from extractive industries. The benefits for Ukraine after signing the Association Agreement are unconditional, but more important is to implement its provisions. Taking part in the joint Ukraine-Czech Republicresearch and development project «EU Environmental Policy on Solid Domestic Waste Management and its Implementation in Ukraine and the Czech Republic» we have studied EU waste law, its principles and standards. The state of adaptation of Ukrainian legislation to the requirements of the European Union in the field of waste management has been investigated and some gaps in Ukrainian legislation have been found. Keywords: EU waste policy, EU law, waste management, municipal waste, adaptation of legislation to EU law
Trends of the reform of the system of the court of Ukraine from the time of independence and to the presentation
The article deals with the tendencies of reforming the system of judicial system of Ukraine, namely from the beginning of independence to the present. The content of the Concept of Judicial Reform in Ukraine in 1992 and its impact on the judicial system before the adoption of the 1996 Constitution of Ukraine was analyzed. It also focuses on the role and significance of the «Small Judicial Reform» for the Ukrainian judicial system. The main legal acts that formed the «Small Judicial Reform» are being studied. Attention is drawn to the key points that have shaped the unified tendency towards «Great Judicial Reform in Ukraine». In addition, an analysis of the causes of reform and changes in the judicial system in Ukraine is being carried out. The analysis of such normative legal acts is carried out by the Constitution of Ukraine (as amended in accordance with the Law of Ukraine «On Amendments to the Constitution of Ukraine» (on Justice of 2 June 2016), the Law of Ukraine «On the Judiciary and Status of Judges» of 2 June 2016 The Law of Ukraine «On the bodies and persons carry in gout then for cement of court decisions and decisions of other bodies» of 2 June 2016, the Law of Ukraine «On Enforcement Proceedings» of 2 June, 2016, the Law of Ukraine «On the High Council of Justice» of 21 December 2016, updated procedural law the Constitutional Court of Ukraine «On Amendments to the Commercial Procedural Code of Ukraine, of the Civil Procedural Code of Ukraine, the Code of Administrative Legal Proceedings of Ukraine and other legislative acts» of October 3, 2017. In addition, the connection and impact of the «Small Judicial Reform» with the «Great Judicial Reform». Keywords: Concept of judicial reform in Ukraine, reform of the judicial system, «Small judicial reform», «Great judicial reform», judicial system, court system
Aadvantages and disadvantages of disclaimer by the Constitutional Court of Ukraine of article on criminal liability for illegal engagement (Art. 368-2)
The article analyzes the issue of illicit enrichment, which was the result of discussion among all circles of the public. The background of the necessity to amend the Criminal Code of Ukraine is being investigated as to the existence of an article on illegal enrichment, which is a requirement of the European Community and Ukraine's actions to enter the European space. Emphasis is placed on the concept of «corruption» as one of the key components of illicit enrichment provided for in Art. 368-2 of the Criminal Code of Ukraine. The norms of the Decision of the Constitutional Court of Ukraine of 26.02.2019 in the Case of the constitutional submission of 59 People's Deputies of Ukraine regarding the conformity of the Constitution of Ukraine (constitutionality) of Article 368-2 of the Criminal Code of Ukraine are being analyzed. Emphasis is placed on the key key points of expunging the article on illicit enrichment. The Special Opinion of Judge of the Constitutional Court of Ukraine Slidenko I.D. concerning the Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the 59 People's Deputies of Ukraine on compliance with the Constitution of Ukraine (constitutionality) of Article 368-2 of the Criminal Code of Ukraine and the Dissenting Opinion of the Judge of the Constitutional Court of Ukraine deputies of Ukraine on the conformity of the Constitution (constitutionality) of Article 368-2 of the Criminal Code. The main arguments are outlined as to the inappropriateness of canceling the article on illegal enrichment in the Criminal Code of Ukraine. The main advantages and disadvantages of the cancellation by the Constitutional Court of Ukraine of the article on criminal liability for illegal enrichment (Article 368-2 of the Criminal Code of Ukraine), which are stated in the constructive conclusions, are investigated. Keywords: corruption, illicit enrichment, presumption of innocence, Constitutional Court of Ukraine
The use and conservation of water resources in Ukraine: current state of implementation of European Union Law
The article analyzes the current state of implementation of effective mechanisms of legal support for the rational use and conservation of water resources in Ukraine, taking into account the requirements established by international and European standards. In order to achieve this goal, the EU's legal experience in the environmental field has been explored. It is established that the foundations of bilateral cooperation between Ukraine and the EU in the field of environment are determined first of all by the Association Agreement 2014. In order to practically fulfill the tasks of adaptation of the legislation of Ukraine to the EU legislation, a number of normative legal acts aimed at organizational – legal support of this process. It is determined that among the global environmental problems of today, some of the most urgent are the problems in the use and conservation of water resources, the immediate solution of which depends on the further life and health of man. According to the sector «Water Quality and Water Management, including the Marine Environment» of the National Strategy for Approximation (Approximation) of EU Laws to Environmental Law, our country must first adapt national legislation in accordance with Directive 2000/60/EC Water Policy Communities – Water Framework Directive. The study found that Ukraine is actively involved in the implementation of EU water legislation. The water legislation of our country is sufficiently branched and developed. Keywords: water resources, use and conservation of water resources, EU law, water law of Ukraine, implementation, adaptation
Guarantees and legal responsibilities as the main structural elements of jury status in Ukraine
The main condition for ensuring the rule of law is the independence of the judiciary, which is not a prerogative or privilege and is not provided to protect the interests of its own judges but to protect the rule of law and all those who seek and expect justice. Judicial independence is a mean to ensure the impartiality of judges; therefore it is a prerequisite for the guarantee that all citizens will be equal before the court. Independence is a fundamental requirement that allows the judiciary to protect democracy and human rights. Respect for the court is an integral part of the individual's respect for state power as a whole and an important guarantee of the timely, objective, impartial justice in Ukraine, and therefore the issue of ensuring and practicing the constitutional guarantees of the independence of judges and jurors – objects of justice. The purpose of the study is to determine the factors influencing the implementation of the jury guarantees of independence and integrity, the conditions of their work and pay, as well as the responsibility of the jury during the conduct of legal proceedings. Representatives of the people are professional judges and involved in cases provided for by law for the administration of justice, who are the carriers of the judiciary in Ukraine, who carry out justice regardless of legislative and executive power. In exercising justice, judges should affirm the independence and independence of the courts guaranteed by the Constitution and laws of Ukraine, increase the authority of the judiciary, ensure the binding decision of courts through fair, impartial and timely consideration and resolution of court cases, adherence to the judge's oath, proper legal reaction to the facts of pressure on interference with judicial activity and other unlawful encroachments on justice. If there is reason to believe that an attempt is being made to impose independence on the judge's impartiality, he must take measures to stop such an attack and bring the perpetrators to legal liability. The jurors are subject to guarantees of independence and immunity of judges during their execution of their duties in the administration of justice. Independence of the jury is ensured by: the procedure provided for by law for the administration of justice; a prohibition, a threat of legal liability, any interference with the activity of justice; the established procedure for the selection of jurors; inviolability of the jury; providing at the expense of the state the material and social security of the jury. Guarantees of realization of rights and performance of duties are one of the structural elements of the legal status of a jury. Keywords: jury trial, judicial decision, jury rights, jury independence, jurors' immunity, jury accountability, jury fees
Legal regulation of Rural Green Tourism services (on example of private peasant farms)
The article deals with the scientific-theoretical analysis of the legislation governing the provision of services in the field of rural green tourism by the persons conducting the private peasant farms. Particular attention is paid to the analysis of legal regulation of services for temporary accommodation (residence) and catering (feeding) for tourists. It is noted that in order to promote the development of rural green tourism and to attract the owners of private peasant farms to such activities, clear criteria should be established at the legislative level for differentiation between entrepreneurial and non-entrepreneurial activities in this field. In addition, it is necessary to introduce in the local self-government bodies the registration of persons providing rural green tourism services, which will allow to legalize the specified type of activity. Attention is drawn to the fact that a written agreement is signed between the owners of the accommodation facilities and the tourists for the provision of temporary accommodation services. It can be considered concluded from the moment of receipt of confirmation of the person providing the placement services (contractor), that the order has been accepted and an indication of the possible start of provision of such service from a certain time. In order to streamline and facilitate such activities, it is advisable to develop an appropriate form of agreements for the provision of services in the field of rural green tourism. The problem of legal regulation of registration of capacities for the production and / or circulation of food products by tourists catering is raised. The author concludes that the provisions of the Law of Ukraine «On Basic Principles and Requirements for Food Safety and Quality» regarding the registration of such facilities do not apply to the owners of private peasant farms. Keywords: rural green tourism, private peasant farms, residential house of the manor type voluntary categorization, provision of services, food, market operator, temporary accommodation (residence)
State of adaptation of national legislation to European Union law in the field of waste management
The article is devoted to the research of problems of adaptation of national legislation to the norms of EU law, lack of quality mechanism, which slows down the process of implementation. The environmental well-being of the population depends on the regularity of waste management and the role of government agencies in controlling these activities. Particular attention is paid to the overriding objective of learning from the experience of the European Union countries in an environment of crisis, by creating a qualitative mechanism and achieving the main result - to enrich national legislation with the provisions of European norms of waste rights and obligations. EU directives are model for the reconstruction of national rules of law and therefore adaptation should be made taking into account the specificities of our country's legal system but implemented in accordance with EU principles and approaches. Keywords: waste, implementation, landfill, landfill, European Union legislation
Certain aspects of international legal regulation of agricultural-labour relations
In the article, the author defines the concept of «international legal regulation of agrarian and labor relations» as «regulation using the international agreements (treaties) and other international legal means of relations on the application and implementation of work in agricultural enterprises, protection of legal rights and interests of workers in this field» which is based on the existing approaches to understanding the category of «international legal regulation of labor» and the positions of scientists concerning the nature and content of agrarian labor relations. It is concluded that the general principles of international legal regulation of agrarian and labor relations are defined in the fundamental acts of the United Nations – the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The International Labour Organization’ acts in the form of conventions and recommendations reflecting the specifics of the agricultural sector and concerning relations: on labor organization, representation and protection of the workers’ rights and interests in agriculture, labor protection, control over compliance with the labor legislation in agriculture play a major role in setting international standards for the regulation of agrarian and labor relations. As a result of the content study of the Association Agreement regarding Ukraine's obligations to bring the national legislation thereto European standards on the regulation of relations on the use of work in agriculture, it was found the lack of regulation dedicated solely to such relations. However, a number of EU directives that need to be implemented into Ukrainian law, extending their scope to all sectors of economic activity, also set requirements for a number of important aspects of the regulation of agrarian and labor relations (concerning the work of seasonal and temporary employees; work safety; improving the level of protection of employees in agriculture from the effects of harmful and dangerous production factors (physical, chemical, biological). Keywords: agriculture, international legal regulation, Convention, International Labor Organization, agrarian labor relations
Сondition of development of the public-service state in the countries of the European Union in the context of administrative reform of Ukraine and the Association Agreement between Ukraine and the EU
The article examines the state of development of the public-service state in the countries of the European Union in the context of administrative reform in Ukraine and the possibility of introducing similar institutions in the future. The article examines models that Ukraine takes as a model when implementing public service. The main purpose in introducing these models is to build a state that recognizes a person, the observance and realization of his rights for the highest value – a public service state. The possibility of introducing the doctrine of public management and the ombudsman institute in the field of public services in Ukraine within the framework of administrative reform is explored. It is revealed that in the process of administrative reform in Ukraine a number of new institutes for the creation of public administrative service were introduced for our state. Major achievements include the establishment of CNAPs, the introduction of the concept of so-called intermediaries, the provision of e-services, which should operate on a one-stop-shop concept, and the first steps to delegate certain types of administrative services to non-governmental organizations. Keywords: public service state, administrative service, public service entity, administrative reform in Ukraine, European Union
Forming a conceptual public control approach on state property strategic objects
The article is devoted to the study of the understanding of public control, including the objects of strategic importance for the formation of public administration. The focus is on the need to reflect the reality of understanding of public control over strategic objects and the need to create a primary concept of public control over the country's strategic infrastructure. The paper study found that unambiguous understanding in the scientific views of the concept of «public control» has not been achieved, and therefore there is a need to consolidate this concept in a legal act. The ambiguity of the perception of the concept of «public control» is due to the lack of regulation at the legislative level and as a result of its non-implementation in practice. Accordingly, due to the lack of clarification of the understanding at the legislative level of the content of the concept of public control, its reality in action on strategic objects of state property is lost. Keywords: public control, objects of strategic importance, concepts, infrastructure
Legal problems of digitalization of ecological accounting data
The article raises the question of the need to introduce into legal circulation the term «environmental accounting», which has existed in economics since the 70s of the twentieth century, and in environmental law - under the name «state accounting in the field of environment». As for domestic legislation, there is no unifying for many types of cadasters, registers, registers, reports, etc. information of ecological nature name. It is established that in the system of domestic legislation the legal regulation, within the outlined subject, is subject to cadasters of natural resources, the account of objects harmful to environment, the account of substances harmful to environment, and also factors of harmful influence on environment (chemical, physical, biological). Unfortunately, many of these credentials are closed, incomplete, or non-existent. At the same time, at the international and European level, these processes are developing rapidly and today there is a need to expand such data by including in the relevant accounting resources information and issued permits for the use of natural resources, payment of environmental fees, fines, environmentally friendly products, etc. Based on this, a proposal is made on the need to systematize domestic legislation on environmental accounting, by developing and adopting a special legal act that would meet international and European requirements in this area. There is also a proposal on the need to transform the provisions of Articles 23 and 24 of the Law of Ukraine «On Environmental Protection» by merging them and expanding the content, including all types of environmental accounting. It was found that Ukraine has already begun the process of adapting legislation on this issue, in particular, by setting requirements for digitization of all environmental data, i.e. the creation of a single environmental electronic platform, which today is only in its infancy. Keywords: ecological accounting, cadasters, registers, registers, digitalization, systematization of legislation
Copyright (c) 2021 Scientific and practical journal «Law. Human. Environment»
Selection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection
Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right
The article analyzes the new Criminal Code of Ukraine proposed for discussion. The focus is on reforming the criminal justice system. It was found that the proposed CCU aimed at protecting the interests of victims also provides that it should be easy to use for investigators, prosecutors, judges. The draft stipulates that the new Criminal Code and its application must comply with the rulings of the European Court of Human Rights on Ukraine. It is established that the draft CCU provides for liability for officials for non-compliance with ECtHR decisions. As a result of the analysis of perspective legislation on criminal liability, a conclusion was made on choosing the right vector for implementing the main idea of the new Criminal Code – ensuring justice in criminal justice on new principles, classification of offenses based on damage and establishing standard sanctions. objective criteria, unification of circumstances that increase or decrease the severity, elimination of gaps – all this makes it possible to move to the relationship «victim-state-criminal». Keywords: draft of the Criminal Code of Ukraine, unit of account, psychoactive substance, severity, qualification formula, restitution
Legal regulation of information on soils
The issue of legal regulation of information support on soils is considered. The characteristics of large-scale soil studies in Ukraine, which were conducted during 1957–1961, are given. The reasons for the inconsistency of the available information on the structure and condition of the soil cover are established. It is substantiated that the data of environmental impact assessments of ecological monitoring, soil survey, cadastral documentation, etc. can be sources of ecological information. Based on the legal analysis, it was concluded that the draft law of Ukraine «On Soil Conservation and Protection of Fertility» should establish that documented information on soil condition and ongoing soil protection measures should be open, publicly available, as it is public interest, except for information that is included in the category of information with limited access. Keywords: land, soil, soil cover, land use, soil protection, soil information, soil survey, monitoring, cadastral documentation
International legal guarantees for the realization of human and citizen rights to environmental information
In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information
The issue of justification of application of the principle of self-determination of peoples by separatist formations in Ukraine
The article provides an analysis of the possibility of separatist formations in Ukraine to refer to the principle of self-determination of peoples as a justification for their activities. The minimum necessary criteria of legal bases for self-determination are considered, among which: the existence of effective connection of the subject of self-determination with a certain territory; the existence of the subject itself, i.e., the people (ethnic group), which claims self-determination; and the recognition by the international community of such a potential entity as the bearer of the right to self-determination. Regarding the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a particular territory for any ethnic group. This right is limited to the common interests of all the people of the state, which consists in the unconditional preservation of the inviolability and integrity of its territory. As for the existence of the subject of self-determination, the people is recognized as the historical community of people formed in a certain area and have stable features of the language, culture, and mental composition (mentality), as well as aware of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must be subject to the laws of the country of residence under the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, it may recognize as the people those who are under colonial rule, occupation by a foreign state, or against whom a policy of racism is pursued. Thus, international law does not protect separatist movements aimed at secession if they do not meet these criteria. This means that separatist formations in Ukraine do not have the right to secession but are terrorist organizations in terms of their methods of activity. Keywords: people, international recognition, right to self-determination, secession, territory
Climatic resources as objects of natural resource legal relations
The article is devoted to the study of scientific approaches to the characteristics of the objects of natural resource relations. Theoretical positions of the representatives of legal science on the definition of the concept of natural resources as objects of natural resource legal relations, the separation of their legal features are revealed. Scientific approaches to the legal nature of climatic resources and their place in the modern system of natural resource legal relations are analyzed. Natural resource relations consist of the use and reproduction of natural resources or their properties (for example, the potential energy of water, which is converted into electricity, water surface for water transport, the properties of atmospheric air to contain and dissolve (reduce concentration) pollutants, the property of subsoil underground gas storage facilities, etc.). Climatic resources are called inexhaustible natural resources, which include solar energy, moisture, wind energy, etc. and are determined by the peculiarities of the climate. The use of certain properties of climatic resources as, first of all, alternative energy sources is extremely important. Climatic resources in most of Ukraine are favorable for the development of alternative energy. However, the current state of legal regulation of activities aimed at ensuring the rational and efficient use of climate resources needs to be improved. Keywords: natural resource law, natural resource legal relations, natural resources, climatic resources, climate