Abstract
Modern aspirations of Ukraine for European integration, the impact of globalization, and innovative technologies are the driving force on the path of reforming the national legal system. In ...this regard, issues concerning the modernization of the civil liability have recently become of significant importance. This article is aimed at analysing modernization of Ukrainian civil liability and forecasting tendencies of further reform of the civil liability institution in Ukraine. The methodological basis of the article includes the comparative law method, normative-dogmatic method, method of terminological analysis, method of operationalization of concepts, classification method, methods of analysis and synthesis, statistical method, legal modelling method, and complex method. In the course of the research-leading scientific and legal approaches to civil liability were analysed, and the most typical approaches were unified. A conditional list of the leading directions of modernization of legal regulation of the civil liability institution is proposed. The relevance of the subject matter is amplified by the fact that at present the scope of the most important and reforming issues of civil liability is expanding and remains either understudied or entirely disregarded by the representatives of academia and legislators.
During the formation of a democratic, social, and constitutional state, the institution of the right to land use constitutes a parallel plane of those social values that are organically combined with ...rights and legitimate interests, inalienable to the normal functioning of life, and therefore requiring objective and secured expression in legislation, especially in the context of legal protection during the exercise of the rights of participants in leasehold land relations. Currently, the topic of leased land use and the necessity of investigating the issue of the moment of conclusion of the land lease agreement is getting increasingly pressing and requires to align legislative texts with the practice of enforcement of the right. In the course of the research the following objectives were completed: 1) the issues of concluding the land lease agreement in Ukraine were found; 2) doctrinal and legislative approaches to determining the moment of conclusion of the land lease agreement were analysed; 3) the judicial practice of domestic judicial authorities was studied with regard to the above issue; 4) the author’s definition of the concept of “the moment of conclusion of the land lease agreement” has been formed; 5) it was established that the moment of acquiring the right to use the land plot, including the resolution of the conflict between the two leases (registered and unregistered) depends on the moment of conclusion of the land lease agreement; 6) it is stated that, within a short period of time, the Supreme Court has repeatedly modified its conclusion regarding the determination of the date from which a lease of a land plot is concluded, becoming an instrument of legal uncertainty.
Creating a land market is one of the most debated and politicised issues of Ukraine’s environmental and agricultural policy. There is an urgent need to examine the following issues (among others): a) ...identifying priority measures for establishing the land market; b) studying the experience of public land management so as to further adapt the land legislation of Ukraine to the requirements of the European Union; and c) maintaining the domestic agrarian sector in the context of effective conservation of the State’s land resources. The purpose of this paper is to conduct a comprehensive analysis of the preconditions and realities of opening up the agricultural land market in Ukraine, including to formulate sound conclusions on the practical consequences of such reforms for domestic landowners. It was researched applying two basic approaches to scientific cognition – general scientific methods and special legal methods. It elaborates the conditions for the introduction of a land market in Ukraine; analyses the historical prerequisites for the implementation of land reform; identifies the main risks for landowners that come into play with the opening of the land market; and formulates further directions of improvement of relevant legal regulations and mechanisms. Noting that currently Ukrainians have the least amount of investment capital and extremely limited access to loans, it concludes that, under current legislation, without a clear definition of the right to purchase their own land, the holders of private farms and other small farmers will struggle to gain access to the Ukrainian land market.
Protection of Non-Property Right Khomenko, Mykhailo M; Kostruba, Anatoliy V; Kot, Oleksii O
Journal of advanced research in law and economics,
07/2019, Letnik:
10, Številka:
3(41)
Journal Article
Recenzirano
In the modern world, the significance of non-property right is very high because they are preconditions of providing the real freedom of ownership, freedom of agreement, freedom of entrepreneurship ...and all other rights in the material sphere of society. The article studies characteristic features of personal non-property rights of individuals. The notion of personal non-property rights of individuals has been formulated taking into account the features of this group of subjective civil rights, as well as their purpose. The main issues to be addressed in the study are the clarification of the specifics (features) of the object of protection, as well as the peculiarities of the protection of the named rights, the jurisdictional and non-jurisdictional forms of protection of personal non-property rights that ensure the natural existence of an individual. In the article, the notions of personal nonmaterial benefit and personal non-property right have been formulated; the personal non-property rights, which provide the natural existence of an individual who is the object of protection, have been characterized in details; propositions regarding addressing certain legislative and practical gaps and contradictions have been presented. Also, the specific features and concepts of the protection of personal non-property rights that provide the natural existence of an individual have been determined.
The article is dedicated to the problem of studying the mechanism of legal regulation of social relations as well as one of its elements, namely, the rule of law. Due to the fact that legal ...regulation is characterized by general properties, laws and tendencies, the issue of rights-terminating legal facts in the mechanism of legal regulation of civil relations is actual and requires in-depth scientific research. The article aims to determine the place of rules of law and rights-terminating legal facts in the mechanism of legal regulation of social relations. The authors come to the conclusion that the mechanism of achieving the aim of legal regulation should be understood as a consistent chain of changes in individual legal phenomena: legal fact, rights and duties which exist in the civil-legal relations that arose on its basis, implementation of these rights and duties, and if necessary, their protection as well.
The article investigates right to effective remedy in the practice of European Court of Human Rights and national courts of Ukraine. The attention is paid to absence in the state of certain ...discretion which comes down to possibility of selection of remedy for performance of their obligation. Attention is paid to comparison of provisions of legal acts of Ukraine, which determine material and legal remedies of civil rights with Article 13 of Convention and practice of European court. Practice of application by national courts of Ukraine of unnamed remedies of protection of subjective rights and legally protected interests has been researched.
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