Spis treści
- Year of publication: 2021
- Source: Show
- Pages: 3-4
- DOI Address: -
- PDF: ksm/29/ksm29toc.pdf
Today’s world, in the absence of borders, people are increasingly changing their place of residence, owning real estate, holding bank accounts and owning other property in different countries. This can not but have consequences in inheritance. This, in turn, can create some difficulties, cause disputes between the heirs and will undoubtedly affect the costs of registration of the inheritance. Another common problem is that a will made in one country may not have legal force in another country where it must be enforced. These and many other issues could not remain unresolved at the EU. A common approach to many inheritance issues has been found through the adoption of the Regulation of the European Parliament and of the Council № 650/2012 of 4 July 2012 on jurisdiction, law enforcement, recognition and enforcement, adoption and enforcement of authentic instruments in matters of inheritance and the creation of a European Certificate of Inheritance. This provision came into force on August 17, 2015 and applies to cases of inheritance that occurred after that date. Inheritance cases are processed by one competent authority (court or other authority) in one state, and decisions taken in such cases are recognized in other EU member states without any special formalities. This should significantly improve and facilitate the inheritance procedure within the European Union, with the exception of Denmark, Ireland and the United Kingdom, which do not particpate in this regulation. We will consider these questions in our research.
Heir cross-border nature of inheritance inheritance regulations inherited property disposal of inherited property Member States European Union
Investigations of economic crimes require the development of new methods, due to the rapid development of economic relations, the international corporation, the use of digital payment instruments, increased competition and the presence of corruption. The low level of crime detection and the absence of convictions indicate the expediency of amending the current procedural legislation to determine jurisdiction, empowering law enforcement agencies to conduct covert investigative (search) actions, to appoint examinations before criminal proceedings; define in substantive law the concept of economic crimes. In Ukraine, reforms in the criminal justice system, law enforcement and the judiciary have not yielded the expected results. Established law enforcement agencies often duplicate the powers of others, which creates a risk of corruption and hinders the effective collection of evidence in criminal proceedings. Professional training of investigators who are working on investigating of economic crimes requires a high level of legal and economic awareness. The use of special knowledge (involvement of specialists, appointment of expertise) needs to be reviewed, as investigators are deprived of the right to interrogate an expert. Dynamic changes in the legislation have negatively affected the activities of law enforcement agencies, which have been temporarily deprived of selfappointment. These powers rested with the investigating judge and the court. The protection of the economy requires the strengthening of law enforcement agencies on the methods of detecting criminal encroachments on the economic base of the state.
bankruptcy insolvency economic security bureaus economic crimes
The article considers the primary and secondary legislation of the European Community and normative legal acts of different European countries that regulate the provision of administrative services. Related concepts used in European Union law to define the scope of public services were distinguished. The practice of providing administrative services was analyzed on the examples of Poland, England, France and Sweden. Characteristics of the subject composition of public services were studied. The assessment of public service standards was made. The analysis of long-term programs of public administration reform in EU member states was carried out. The basic principles of functioning of state institutions and organizations that provide services to citizens, as well as the obligations of government agencies in the sphere of organization, distribution and provision of administrative services were determibed. In addition, various ways of improvement the quality of the provision of services, which the countries of the European Community are already using and are planning to use in the future, were considered. Obstacles to the introduction of new approaches to the improvement of the quality of public services were found. The analysis of formation of systems of various social services was carried out. The activity of state social services on needs assessment and planning of social services was considered. The concept and direct implementation of the principle of “mutual complementarity” were analyzed.
public services quality of services experience of the countries of the European Union administrative management
The author analyses the legislation of different countries, analytical studies of international experts in order to determine trends in the legal regulation of blockchain. Regulations of government banks, regulatory organizations regarding the operation of the virtual assets and growing demand for virtual currency leads to high risks in the area crypto actives. Uncertainty and complexity of legal support for the development of blockchain technologies and artificial intelligence in economic activity leads to limited practice of regulatory definition and government processes. However, state order is to sanction the stabile existing social relations from considering international legal institutions of legal regulation, such as the protection of personal data, identification and verification subjects of entrepreneurial activity, prevention of laundering money, prevention of evasion from payment of taxes. The author draws attention to the fact that it is necessary to concentrate analyses on resolving not only virtual currency, but the system blockchain in general, to provide legal definition of those phenomena which are not associated with just speculation or payments of cryptocurrency. In the article discusses current problems of the EU, Asia, Ukraine on implementation of international standards in the field of prevention of laundering of money, protection of per sonal data and the possibility of crypto actives and use the technology of artificial intelligence, which will develop business operations, including technology blockchain.
crypto actives issuer cryptocurrency crypto actives payment services virtual assets database data artificial intelligence blockchain technology
Under conditions of aggravation of external and internal contradictions of economic character, importance of increase of the state national security level, an urgent need of search of system algorithm for construction of integral paradigm of economic security appears. The main trend of further economic development of society is the connection of economic security of the state and the welfare economy of society in a single target function, which fully reveals and realizes the economic potential of the state and society. The level of the country’s welfare is the basis for making certain government decisions in the socio-economic sphere. It has been noted that economic security of welfare is ensuring the protection of interests and creating favorable conditions for ensuring a high standard of living and welfare of society in the implementation of the State Strategy for Economic Security. The place of economic security of welfare in the system of national security has been determined - the high level of its realization is a springboard for strengthening and further development of other components of the country’s economic life. Improvement of the public administration efficiency is one of the conditions for ensuring sustainable socio-economic development of the country, region and raising of living standards of the population.
national welfare living standard quality of life national security security
The article considers the issue of non-execution and / or long-term execution of court decisions by the judicial bodies of Ukraine, which are assigned the relevant functions by law, which serves as the basis for numerous appeals of citizens to the European Court of Human Rights. The decisions of the European Court of Human Rights on the consideration of complaints of persons who are parties to enforcement proceedings - collectors in connection with the noncompliance of the state of Ukraine with court decisions and resolutions of the Cabinet of Ministers of Europe are analyzed.
resolution of the Committee of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms European Court of Human Rights pilot solution access to court private proceedings enforcement proceedings collector
The article is devoted to study of directions of improving the state regulation of the financial sphere in Ukraine. It is determined that the state regulation of the financial sphere should be carried out in the directions of ensuring the efficiency of budget funds use and providing the relationship between the authorities that carry out the state financial control. The article considers the problems in ensuring the effective state regulation of the financial sphere as a component of the mechanism of public administration and control. We have proved the importance of the state regulation of the financial sector in the current conditions of unstable and declining market economy that Ukraine is experiencing. It was noted that the issue of effective state regulation and control over the implementation of management decisions is thoroughly studied by scientists and practitioners. In practice, under the influence of these studies, more effective mechanisms and tools of the state control for the receipt and use of budget funds are being developed. The article analyzes the latest studies of domestic and foreign authors related to the issues of state regulation and management of the financial sphere The article examines the need for an active regulatory role of the state in the use and circulation of budget funds. Analyzing the state regulation of the financial sphere, it should be noted that it is an integral part of public administration of the economy as a whole. The article analyzes the advantages and disadvantages of the system of state regulation of the financial sphere in the country. There is a need for continuous improvement and increase of efficiency of state regulation and control over the circulation of budget funds.
state regulation administrative control mechanism of state regulation public finance management state regulation of the financial sphere megaregulator
The article considers the problems of scientific comprehension of electronic participation from the point of view of public administration. Attention is paid to the highest form of e-democracy, namely the involvement of citizens in decision-making through ICT. The theoretical and methodological bases of research of electronic participation are defined - its levels, models, directions are analyzed. It is proposed to consider the process of involving citizens not only from a purely technological perspective, but taking into account a wider range of factors. The influence of social factors on the process of public involvement is characterized. Insufficient motivation of the citizens to interact with the government is highlighted as one of the most important obstacles to the development of e-democracy. The leading role in overcoming the existing problems is given to the fundamental science of public administration, whose task is not only to study the features of separated tools of e-participation, but also to determine strategic priorities for involving citizens in decision-making for sustainable development. The main strategy for increasing the interest of citizens in cooperation with the authorities and improving their decision-making skills in the information society is the formation of an efficient system of civic education.
Civic Education social capital e-decision making e-democracy e-participation
This article is devoted to the temporary legislation issues as multifunctional legislative instruments, which can be efficiently used in the current dynamic of social, political, information, communication and economic processes. The author regards main scholarly advantages and drawbacks of the introduction of temporary legislation in lawmaking, particularly in the context of stability and predictability of legal regulation, equality of participants in the legal relations. The factors determining the practical necessity of temporary regulation (particularly, innovative products, introduction of new public regulation or economic regimes political or military crises, pandemic) are systematized in this article. It also introduces the review of international experience of application of a temporary regulation in the countries with different legal systems, which shows ways of practical usage of this instrument and lack of systemized approaches for it. The author suggests distinguishing between two main types of temporary regulation - temporary (transitional) and experimental - and identifying potential areas of practical application of such regulation, in particular: rapid response to temporary topical problems, decision-making in highly unpredictable situations, more dynamic regulation of innovation and development. At the same time the systematic modeling of introduction and expiration date of temporary regulation is indicated as the main requirement for the effective implementation of such regulation in compliance with the principle of rule of law. Overall, the author concludes that to be effective, efficient and prospective tool of regulation temporal regulation has to be based on the principles, methods and restrictions of its application, which in turn have to be developed by lawyers.
action of legal acts in time experimental legislation temporary regulation sunset clause Ukraine
Optimizing the human relationship with the environment, which is one of the most important goals of social rehabilitation, depends on a wide group of factors and processes, among which the system of target values (of a higher order) plays a significant role. Referring to the words of the doyen of social rehabilitation in Poland, Czesław Czapów. The highest values in social rehabilitation should be considered not only the social order, but most of all the development of personality and related human freedoms. Paradoxically (taking into account the fact that a large part of social rehabilitation procedures take place in closed institutions) one of the most important values of social rehabilitation is freedom. According to Albert Camus, “freedom is nothing more than a chance to be better”. Social rehabilitation institutions (mainly prisons), fulfilling their utilitarian functions, drastically limit the freedom of choices that can be made by charges. The essence of creative social rehabilitation is an attempt to change the individual in a way that is different from the usual social rehabilitation schemes. It is an attempt to change a person by creating different parameters of his identity, which determine the quality of contacts with other people. These treatments, taking the form of theater, sports, drama, art or music experiences, can create different personal parameters of an individual.
The Great War brought about the collapse of the old world order of the 19th century. The idea of the self-determination of nations, e.g. Ukrainians, Finns, Latvians, Lithuanians, Poles etc., or multi-ethnic societies, e.g. Czechs and Slovaks, Slovenes-Serbs-Croats-Bosnians, etc., guided the new political order in Europe in 1918–1919. It was only partially possible to implement it due to the powerful influence of nationalism or (neo)imperialisms, such as in Soviet Russia and the USSR, or later with the Third Reich. In 1920, the societies of Ukraine and Poland tried to find an indirect path. The Polish-Russian/Soviet-Ukrainian war, symbolized by the Battle of Warsaw in 1920, turned out to be a breakthrough in these actions. On the basis of the effects of this so-called “dwarf war” gave rise to a new political and ideological imperialism in the USSR, as well as an ideology (1920) as a platform for cooperation and understanding between Poles and Ukrainians. Contrary to all assessments or interpretations, the signalled ideology of 1920 is a constructive factor in the history of Poland and Ukraine, based on the effects and experiences of the war of 1920–1921. This text is an attempt at a synthetic look at the genesis of the Polish-Russian/Soviet-Ukrainian war, mainly at its long-distance effects felt later in the Third Polish Republic and in free Ukraine in 2020. Perhaps these impact were also felt on a wider European scale. The text does not so much judge or evaluate the results of the previous research, but is an attempt to organize and generalize them. It may be a proposal for a possibly balanced view in the elites of both societies, a past that determines the future of Poland and Ukraine. Finally, it is an attempt to establish a long-term perspective that reduces political or (neo)nationalist emotions in favor of a balanced orderliness of knowledge.
The Battle of Warsaw ideology of 1920 social and national elites the perspective of long duration
The formation of soviet law in Ukraine was inevitably connected with the spread of soviet power. Along with the soviet institutions, legislative acts of Soviet Union were spread on the territory of Ukraine and replaced the earlier normative acts. The legal system in Ukraine was in fact formed on the basis of the ideological foundations created by the Soviet Union. However, it is a fact that the system of law in Russia after the October Revolution of 1917 did not emerge from scratch, but was built on already existing legal traditions. They are based on three basic sources: German legal tradition, which influenced pre-revolutionary Russian legal culture, Russia’s own legal culture and, of course, official socialist ideology, as well, which provided the legal system with a link to the legal past, which in turn ensured the advancement of the legal system. The legal development of Ukraine during the soviet period was based on the adapting of Ukrainian legal past to the needs of the soviet period. Accordingly, this approach confirms the preservation of the link between the Ukrainian legal past and the present. That means, that the processes that are happening nowadays in the legal system of the modern Ukraine cannot be analyzed without taking into account the initial state of legal institutions that were formed Before and After the soviet period. Therefore, the preservation and analysis of the Ukrainian SSR’s law as a legal heritage of Ukraine will make it possible to ensure progress in the evolution of the modern Ukrainian legal system.
legal heritage soviet legal heritage Ukrainian legal system legal advancement soviet legal traditions
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