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Lutsenko, O. .
    Bringing Civil Servants to Liability for Disciplinary Misconduct in Judicial Practice of Ukraine, Poland, Bulgaria and Czech Republic [Текст] / O. Lutsenko // Journal of Advanced Research in Law and Economics. - 2017. - Vol. VIII, № 1 (23). - p. 103-112
   Перевод заглавия: Привлечение государственных служащих к ответственности за дисциплинарные проступки в судебной практике Украины

УДК

342.9

ББК Х621.023

Аннотация: A discipline of public servants within an organization requires four characteristics: a number of disciplinary offences, proportionate punishments clearly linked to the disciplinary offences, oversight and appeals from disciplinary decisions, and independence from politicians. This paper examines public sector legislation in Ukraine, Poland, the Czech Republic, and Bulgaria to show the peculiarities of legal regulation of each of these criteria. We argue – a claim that creation of arbitrary powers to punish or dismiss staff is unjust if the legislation does not fully inform staff of what a breach of discipline constitutes, if it does not guarantee proportionate punishments to offences, and/or allow the disciplinary process to be used as a tool to coerce staff to perform in a politicized or otherwise unethical manner. In the article all four criteria are disclosed by comparative analysis with certain EU members (Poland, Bulgaria, Czech Republic). Intermediate and key conclusion about the peculiarities of bringing civil servants to disciplinary liability in Ukraine, Poland, Bulgaria and the Czech Republic and some recommendations are made on the basis of the comparative study.

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Pashkov, V. M..
    3-D Bioprinting Law Regulation Perspectives [Текст] / V. M. Pashkov, A. Harkusha // Wiadomosci lekarskie. - 2017. - Vol. 70, Issue: 3 pt 1. - p. 480-482
   Перевод заглавия: 3-D перспективы регулирования биопринтинга

УДК

347

ББК Х833

Аннотация: INTRODUCTION: Achieved level of technical progress moves us closer and closer to practical use of 3-d bioprinting technologies in real life. Such perspective raise a wide variety of crucial legal issues from the acceptable model of regulation of the science and its' societal effects to problems of the commercialization of the technology and potential restrictions of its use. Some key points on concept of legal regulation of abovementioned sphere is a base of this study. MATERIAL AND METHODS: Scientific discussion on 3-D bioprinting, European Union`s and US experience in patenting of 3-D bioprinting technologies, European Medicine Agency (EMA) or the US Food and Drug Administration (FDA) regulations, European Medical Technology Industry Association (EUCOMED) Acts. Article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. DISCUSSION: General debate of last few years comes down to an attempt to resolve hesitation between legal attempts for regulation of 3-D biobrinting and concept of complete prohibition of such activities. An adequate response to the mentioned challenge is a reasonable position between some aspects of prohibition and self-regulation, resulting in a moderate number of regulations and standards for developing and marketing. Such regulations may concern an intellectual property (IP) rights, regulation of distribution, premarket restrictions, control mechanism etc. CONCLUSION: Scientific approach and regulatory settlement of 3-D bioprinting sphere must unite to achieve a fair balance between the interests of humanity and of individuals - on the one hand, and development of science and business benefits for stakeholders - on the other. The main instruments for this must be balanced regulation of intellectual property (IP) rights, regulation of access and distribution, premarket restrictions, control mechanism etc.

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Komarova, T. .
    The Court of Justice of the European Union and International Legal Order [Текст] / T. Komarova // Russian Law Journal. - 2017. - Vol. 5, No. 3. - P. 140-167
   Перевод заглавия: Суд Европейского союза и Международный правовой порядок

УДК

341.1/.8

ББК Х91

Аннотация: The author discusses the relationship between two legal orders: international law and European Union (EU) law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis), is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides auniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

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Bytyak, Yu. P..
    The State Sovereignty and Sovereign Rights: The Correlation Problem [Текст] / Yu. P. Bytyak, I. V. Yakovyuk, O. Y. Tragniuk, T. Komarova, S. Shestopal // Man in India. - 2017. - Vol. 97, No. 23. - P. 577-588
   Перевод заглавия: Государственный суверенитет и суверенные права: проблема корреляции

УДК

342.31

ББК Х620

Аннотация: In this paper the question on the content of the sovereign rights and their relation to sovereignty was not enough developed in legal science. These issues are in the focus of present paper. In the traditional legal doctrine sovereignty is the category which expresses the content and scope of competences of the state in the domestic and foreign policy. The appearance of a new state automatically means the presence of its sovereignty. The loss of sovereignty leads to the termination of its existence as a subject of international law. The states are forced to self-restriction of their sovereign rights in international (interstate) communication, but without losing the sovereignty. As the human rights, the sovereign rights of the state in a certain sense can be treated as natural. The sovereign rights associate with the existence of the state and don’t depend on other non-legal factors. Conception of the states’ legal equality results in the identity and equality in sovereign rights that states can use on their own. The meaning of the sovereign rights consist of the determination and guaranteeing and clearly defined boundaries of the freedom of the state. Can sovereign rights change in the process of historical development of the states? What is the “measure” of changes of the sovereign rights volume? This rights are inherent to the state and as long as sovereign stats play the major role in international law, their strength remains ultima ratio.

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Pashkov, V. M..
    International Legal Regulation of Impact of Occupational Injuries and Diseases on Agricultural Workers' Health [Текст] / V. M. Pashkov, O. M. Batyhina, M. V. Trotska // Wiadomosci lekarskie. - 2017. - Vol. 70, No. 5. - P. 953-958
   Перевод заглавия: Международное правовое регулирование воздействия профессиональных травм и болезней на здоровье сельскохозяйственных работников

УДК

349.2

ББК Х627.4

Аннотация: INTRODUCTION: Agricultural workers' health depends on many factors: working conditions, security arrangements, medicine, quality of drugs, the environment, etc. Occupational injuries and diseases are also among the factors that can negatively affect their health. THE AIM: To analyze provisions of the international legislation and scientific literature concerning existence of restrictions on impact of occupational injuries and diseases on agricultural workers' health. MATERIALS AND METHODS: International acts, data of international organizations and conclusions of scientists have been examined and used in the study. The article also integrates information from scientific journals and monographs from a medical and legal point of view with scientific methods. This article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. Impact of occupational injuries and diseases on agricultural workers' health has been studied within the system approach, as well as analysis and synthesis. CONCLUSIONS: The level of occupational morbidity, traumatism and above all standard of agricultural workers' health depends on the way of occupational safety organization. Working conditions and safety in agricultural industry and therefore the appropriate standard of health remain unsatisfactory in many countries.

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Pashkov, V. M..
    Concept of Waste and its Impact on Human Health [Текст] / V. M. Pashkov, O. M. Batyhina, M. V. Trotska // Wiadomosci lekarskie. - 2017. - Vol. 70, No. 5. - P. 964-969
   Перевод заглавия: Концепция отходов и их влияние на здоровье человека

УДК

349.6

ББК Х625.80

Аннотация: INTRODUCTION: Impact of the environment on human health is increasingly being paid attention both at the international level and at the level of individual countries. Among the factors that anyhow can affect it negatively, various objects are distinguished and waste is not of the last consequence. It has different nature of origin, ways of further utilization and a degree of impact on human health and the environment. Its generation, utilization and neutralization are determined by the relevant processes; their research allows continuous improvement and reduction of their negative impact on human health and the environment. THE AIM: To analyze provisions of the international legislation concerning the concept of waste and its classification, as well as its potential impacts on human health and the environment. MATERIALS AND METHODS: The study analyzes and uses international legal documents, data of international organizations and scientists' deductions. Furthermore, the study integrates information from scientific journals with scientific methods from the medical and legal point of view. Within the framework of the system approach, as well as analysis and synthesis, the concept of waste, its classification and impact on human health and the environment have been researched. RESULTS: In consequence of the conducted study, it has been found that at the European level, considerable attention is paid to waste in the context of its possible negative impact on human health and the environment. Solution of this problem is carried out with the integrated approach, which is expressed both in enacting statutory acts and amending existing ones, as well as elucidating various aspects at the scientific, methodological, statistical and other levels. CONCLUSIONS: Waste in itself has different nature of origin, negative impact, ways of its further utilization. Some kinds of it can be used further in order to achieve other goals and needs that are not related to their generation, others can no longer be used for human benefits taking into account existing achievements.

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Pashkov, V. .
    Reproductive function: the protection of the rights of the people which are sent to the area of the fighting. [Текст] / V. Pashkov, N. Gutorova, P. Noha // Wiadomosci lekarskie. - 2018. - Vol. 71, Issue: 2 pt 2. - p. 403-407
   Перевод заглавия: Репродуктивная функция: защита прав людей, которые отправляются в зону боевых действий.

УДК	342.72/.73

ББК Х620

Аннотация: OBJECTIVE: Introduction: The issues of problems of the legal regulation of posthumous reproduction in Ukraine and foreign countries are analysis in the article. The author substantiates the necessity in the creation and acceptance of the State Program of the retrieval of reproductive cells in people who are sending to the area of the fighting. The aim:the purpose of our work is a comprehensive study of post-mortem (post-mortem) reproduction and substantiation of the possibility and necessity of adopting a state program for the selection of reproductive cells of individuals who are sent to a combat zone to ensure their full social protection and assistance in the realization of the right to fatherhood or motherhood. PATIENTS AND METHODS: Materials and methods: the experience of certain countries is analyzed in the research. Additionally, we used statistical data of international organizations, conclusions of experts and foreign legal acts dealing with posthumous reproduction and auxiliary reproductive technologies, judicial practice, doctrinal ideas and views on this issue. RESULTS: Review: there are medical (practical) preconditions for the introduction of posthumous reproduction programs. Among them is the technology of obtaining reproductive cells (post-mortem too), their preservation and successful subsequent use. In addition, foreign experience shows the success of the application of these technologies and the real guarantee of full implementation of the range of rights to the family, fatherhood or maternity. CONCLUSION: Conclusions: we note the urgent need to develop and adopt a state reproductive cell selection program for individuals who are sent to the combat zones (according to a model that exists in such countries as the USA and Israel).

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Tatsiy, V. .
    Bicameralism: European Tendencies and Perspectives for Ukraine [Текст] / V. Tatsyi, S. Serohina // Baltic journal of european studies. - 2018. - Vol. 8, Issue: 1. - P. 101-122
   Перевод заглавия: Бикамерализм : европейские тенденции и перспективы для Украины

УДК	342.5 342.52 342.53

ББК Х620

Аннотация: The authors of the article continue the scientific discourse on the role and significance of bicameralism for building a modern democratic legal state. The main arguments of supporters and opponents of bicameralism have been analysed, given the complicated development of Ukrainian institutional framework and discussions over the European Committee of Regions evolution. The authors of the article attempt to supplement the list of arguments that exist in modern legal literature in favor of Ukraine's transition to bicameralism. The challenges of European integration for Ukrainian parliament as a unitary actor have been highlighted. The authors substantiate the thesis that the formation of the second (upper) chamber does not threaten the Ukrainian unitarianism, but will contribute to further diversification of state power and at the same time increase the stability of the government in terms of a consensual, pluralistic democracy and semi-presidential government.

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Novikovas, A. .
    The peculiarities of motivation and organization of civil defence service in Lithuania and Ukraine [Текст] / A. Novikovas, L. Novikovienė, R. Shapoval, K. Solntseva // JOURNAL OF SECURITY AND SUSTAINABILITY ISSUES. - 2017. - Vol. 7, No. 2. - P. 369-380
   Перевод заглавия: Особенности мотивации и организации службы гражданской обороны в Литве и Украине

УДК

35.07

ББК Х621.16

Аннотация: Abstract. With the changing global security situation, increase in external threats or emergence of new ones (cyberattacks, non-conventional warfare models, etc.), countries must feel concern regarding consolidation of their security. In this regard, both the Republic of Lithuania and Ukraine are taking measures to enhance and expand their military forces. One of the means to fortify military forces is attracting citizens to serve in the civilian national defence service. Authors of the article employ a comparative aspect to analyse the need for statutory servants serving in the civilian national defence service, as well as reveal the number and type of professionals to be required by the national defence system and explore benefits provided by such statutory servants as well as their purpose in the army. Additionally, in the article authors reveal administrational-legal status of civilian national defence services in both the Republic of Lithuania and Ukraine, its place in the system of other militarised or civil public administration institutions. Comparative aspect is also used to analyse administrative legal status of statutory servants of civilian national defence service, peculiarities of admission of statutory servants to the national defence system and their service therein, as well as possibilities for motivation and stimulation of citizens to exercise service in the civilian national defence service. Therefore, the article aims to answer the question of what could motivate citizens to carry out service in the civilian national defence service, what incentives (needs, interests, values, stimulus, realisation of importance of certain matters, remuneration, etc.) would result in motivation (attitude and interest in) to serve in the Lithuanian Armed Forces and to participate in international operations.

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Danilyan, O. G..
    Personal information rights and freedoms within the modern society [Текст] / O. G. Danilyan, O. P. Dzeban Y. Y. Kalinovsky, E. A. Kalnytskyi, S. B. Zhdanenko // Informatologia. - 2018. - Vol. 51. No. 1-2. - P. 24-33
   Перевод заглавия: Личные информационные права и свободы в современном обществе

УДК

342.7

ББК Х620

Аннотация: The authors ascertain the correlation between the freedom of information use and both the freedom of speech and the right to information. There was applied the entire toolbox of interrelated and complementary universal scientific and specific methods inherent to philosophic research. The research methodology rests on the system and structure-functional analysis principles. The notions of information, freedom, justice and law are closely interlinked. When exercising freedom one inevitably makes his or her choice from among the available actions while relying on the previously obtained information. The human information rights that are, in their turn, a part of the overall notion of the law enjoys an exceptional role within the freedom of information. Far from being exhausted by the freedom of speech and the right to information, the freedom of information also includes various other aspects. It concerns the entire information and communication sphere at large. The freedom of information is not reduced to any certain type of socially-oriented information. The notion of the right to information goes beyond the right to access information while both of them take on the same social roles and are often terminologically interchangeable.

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Horodovenko, V. V..
    Protection of patients' rights in the european court of human rights [Текст] / V. V. Horodovenko, V. M. Pashkov, L. G. Udovyka // Wiadomosci lekarskie. - 2018. - Vol. 71. Issue: 6. - P. 1200-1206
   Перевод заглавия: Защита прав пациентов в Европейском суде по правам человека

УДК

342.7

ББК Х915.2

Аннотация: OBJECTIVE: Introduction: Currently, there is little attention paid to studying the characteristic features of the protection of patients' rights in the European Court of Human Rights, which is the fact determining the relevance of the scientific research in this area. The aim: To define the basic rights of patients and summarize the practice of the European Court of Human Rights with regard to protection of patients' rights in order to formulate proposals as to the ways of the current legislation improvement. PATIENTS AND METHODS: Materials and methods: In the research, the practice of the European Court of Human Rights, international standards of justice, scientific publications of leading experts in the field of medical law, current and prospective Ukrainian and international laws were used. The research is based on the organic combination of philosophic approaches, general scientific and special legal research methods. RESULTS: Review: The standards and mechanisms of ensuring the rights of patients were singled out from a whole number of international legal acts. In the Ukrainian legislation, the list of patients' rights corresponds to the main provisions of the Declaration of Lisbon on the Rights of the Patient and other international legal acts. The protection of patients' rights in different countries varies based on differences in the laws, organization of the healthcare service as well as economic, social, cultural, religious and moral values. Simultaneously, there are common features in the legal protection of patients' rights, in particular appealing to the ECHR. While considering the cases involving protection of patients' rights based on the Articles of the Convention, the Court has developed a number of positive obligations of the state and minimum guarantees, which should be enshrined in national legislations to protect the rights of patients. CONCLUSION: Conclusions: The absence in the national legislation of clearly defined concepts of medical law limits the potential of legal protection of the rights of patients and necessitates the development and adoption of a single legal act to efficiently regulate the rights and obligations of the physician and the patient, provide classification of healthcare services, procedures and conditions of the services provision, quality criteria, etc. The prospective Medical Code of Ukraine shall become such a normative legal act, since the need for its development provides prospects for further research in this area. The ECHR practice affects national legal practices, primarily in the information, social and educational aspects, contributes to development and adoption of new concepts, court legal culture and a new reference system to comply with the Convention and Court practices.

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Shapoval, R. V..
    Problematic issues of the administrative and legal status of the police in the baltic states (Lithuania, Latvia, Estonia) [Текст] / R. V. Shapoval, I. Bytiak, N. Khrystynchenko, K. Solntseva // Journal of Advanced Research in Law and Economics. - 2018. - Vol. 9, No. 1. - P. 295-306
   Перевод заглавия: Проблемные вопросы административного и правового статуса полиции в балтийских государствах (Литва, Латвия, Эстония)

УДК

342.9

ББК Х621

Анотація - 0 байт
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Shapoval, R. V..
    Path towards national security in the european union: genesis and further development processes [Текст] / R. V. Shapoval, V. Y. Nastyuk, O. I. Bezpalova, N. P. Khrystynchenko // Journal of security and sustainability issues. - 2018. - Vol. 8, Number 1. - P. 45-54
   Перевод заглавия: Путь к национальной безопасности в Европейском Союзе: генезис и дальнейшие процессы развития

УДК

342.9.03

ББК Х621

Аннотация: The article reviews standards of state policies in terms of the national security of the European Union countries. The authors provide a comprehensive analysis of the theory and practice of providing national security in the EU countries. In addition to that, the article provides for a deep analysis of the major methodological approaches in regards to establishing national security in the EU. The authors make a systematic review of the development and implementation of the EU security doctrines. The aim of this research article is to analyze the development of the idea of developing a European defense policy to find an effective way of incorporating our state into European security structures. Also, the research question may be posed as discussion on the way the national security is guaranteed in the EU countries. The novelty of the study is in the way how the past, current and future national security setup is implemented in the EU countries and what may the ways of its development. Materials and methods used in studying this problem, researches and publications of such domestic and foreign researchers were used. At the same time, processes of global and European security need constant analysis and study. The results showed that the problem of the formation of the European security and defense system that emerged shortly after the end of the Second World War prompted European countries to work more closely together, particularly in the defense sector. After the Cold War and the emergence of new challenges for stability on the continent, the EU has embarked on a path towards greater consolidation and greater awareness of own defense and security interests. Conclusion of the article is that an analysis of the approaches to the national security in the EU convincingly demonstrates that the level of security depends on many factors. The successful provision of national security strategy and approach depends on the sustainability and strength of their national economies. Only a strong economy allows successfully defending national interests in growing global competition and world economic disparities. Therefore, a country shall not only develop a national security concept, relying on world experience, but, above all, to reform its domestic and foreign policies with a view to protecting all actors.

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Berchenko, H. .
    Constituent power: the theory and practice of its implementation in Ukraine [Текст] / H. Berchenko, S. Fedchyshyn // Russian law journal. - 2018. - Vol. 6, Issue: 4, Special Issue: SI. - P. 37-61
   Перевод заглавия: Конституционная власть: теория и практика его осуществления в Украине

УДК

342

ББК Х620

Аннотация: The article researches the phenomenon of constituent power as a theoretical concept and the practice of its implementation in Ukraine. Constituent power is associated with the process of adopting a constitution and making amendments to it. A distinction is made between primary and institutional constituent powers. The constituent nature of the Constitution of Ukraine in the interpretation of the Constitutional Court of Ukraine is analyzed. The reasons why the Law “On an All-Ukrainian Referendum” was held invalid with regard to the constituent power of the people is considered. There is an inconsistency in the primary and institutional constituent powers’ interpretation of amendments to the Constitution of Ukraine. The constitutional reform of 2004, the interference with this reform by the Constitutional Court of Ukraine in 2010 and its return by the parliament in 2014 are examined from the standpoint of the constituent power concept. It is concluded that a new constitutional reform, which would provide a clean slate, could be an acceptable solution in Ukraine. In the future, the text of the reformed Constitution should provide for clear mechanisms for amending the Constitution of Ukraine and the adoption of a new Constitution, which would necessarily include procedures for popular legitimacy

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Vilchyk, T. B..
    Duties of a lawyer to a court and to a client [Текст] / T. Vilchyk // Russian law journal. - 2018. - Vol. 6, Issue: 4, Special Issue: SI. - P. 62-99
   Перевод заглавия: ОБЯЗАННОСТИ АДВОКАТА К СУДУ И КЛИЕНТУ

УДК

347.965

ББК Х629.08

Аннотация: The article provides a comparison of legislation of the United States, Australia, the EU and Ukraine regulating the legal status of a lawyer in the administration of justice mechanism, as well as an analysis the correlation of his duties to the court and to the client. The author recommends that a lawyer not act in a manner that best serves the interests of the client since this will put the course of justice and public confidence in the profession in a vulnerable position; attorneys have to inform clients that their duty to the court is of paramount importance. In case of improper performance of their professional duties, lawyers should be brought not only to corporate liability (disciplinary liability, which is established by the legislation of Ukraine), but also to the civil law (property) liability that is proposed to be established. It is necessary for Ukraine to introduce insurance institution against a lawyer’s property liability as a means of minimizing the negative consequences for a lawyer, assuming such liability results from an error and such lawyer is obliged to compensate the harm caused to the client.

Текст - 0 байт

Yazlyuk, B.
    Basic principles of financial markets regulation and legal aspects of the legislative requirements [Текст] / B. Yazlyuk, A. Guley, R. Brukhanskyi, H. Shovkoplias, Tetiana Shvydka // Investment Management and Financial Innovations. - 2018. - Vol. 15, Issue 1. - pp. 337-349
   Перевод заглавия: Основные принципы регулирования финансовых рынков и правовые аспекты требований законодательства

УДК

336.76

ББК Х623.211.8

Аннотация: Financial services market (FSM) is one of the effective mechanisms for ensuring the competitiveness of the country’s economy. It is precisely because of its ability to direct investment flows into the most attractive segments of the economy, and the FSM development can contribute to economic growth. Accordingly, today it is important to strengthen the financial services market in Ukraine. For this purpose, it is necessary to study the current state, identify problems and determine the main directions of its development in a timely manner. The article investigates the financial services market in Ukraine, which is unstable, characterized by a significant outflow of financial resources, and underdeveloped financial intermediaries. FSM deterioration was also influenced by factors such as: financial crisis, sharp exchange rate fluctuations, military conflict, decline of the country’s economy, etc. Negative consequences of the events in the country were reflected even in a quite developed banking system. The focus is on the lack of financial culture in society, which is due to low deposit activity, high level of non-repayment of loans, lack of confidence in the new tools, and the introduction of new products in the financial services market. However, the development of the country as a whole is impossible without a strong financial services market. It is noted that one of the important conditions for the FSM development and the effectiveness of macroeconomic tasks entrusted to it is the formation of an effective mechanism of the financial market state regulation. Such a mechanism should include both elements of state regulation and self-regulation of the financial services market. Accordingly, the formation of indicators aimed at assessing the impact of state regulation on the development of the financial services market becomes relevant. The article examines the implementation of state regulation in financial services markets, analyzes the activity of the FSM state regulation in Ukraine and the control function effectiveness, considers the dynamics of the main indicators of the financial services markets development in Ukraine, and analyzes the level of financial services markets development.

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Orlovskyi, R.
    Possibilities of adapting the typologies of the international standards for establishing criminal liability for corruption-related crimes in Ukraine [Текст] / R. Orlovskyi, R. V. Shapoval, O. Demenko // Journal of Eastern European and Central Asian Research. - 2018. - Vol. 5 , No. 2 . - P. 108-119
   Перевод заглавия: Возможности адаптации типологий международных стандартов для установления уголовной ответственности за коррупционные преступления в Украине

УДК

343.3

ББК Х628.38

Аннотация: The article validates the relevance of the implementation of international standards in the national anti-corruption policy, taking into account the progressive and sustainable development of corrupt practices in Ukraine. The purpose of the research is to propose a structural and functional algorithm for improving the process of establishing criminal liability for corruption-related crimes following international anti-corruption standards using the method of structural and functional modeling. The level of implementation and compliance of national legislation with international standards for combating corruption was assessed, which allowed identifying conflicts in legislative and normative acts on the formation of the list of corruption crimes and the procedures used for their investigations by type of legal responsibility. The article presents a structural and logical algorithm for the implementation of international standards in determining criminal liability for corruption-related offenses in Ukraine.

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Melnyk, K. Y..
    Environmental Safety of Enterprises Activity as a Precondition for Compliance with the Required Working Conditions [Текст] / K. Y. Melnyk, F. A. Tsesarsky // Ekoloji. - 2019. - Vol. 28, Issue: 107. - P. 463-469
   Перевод заглавия: Экологическая безопасность деятельности предприятий как условие соблюдения требуемых условий труда

УДК

349.24

ББК Х627.4

Аннотация: The article contains determination of the status of legal regulation for proper working conditions and shows environmental safety position in this system. Specifics of environmental safety as a management principle indirectly conditioned by international legal standards are studied herein. Poor legal awareness of business entities and uncoordinated efforts to ensure adequate environmental safety explain the lack of legal standards for environmental safety. The authors determined approaches to the definition of the working conditions as determinants accompanying an employee within the working environment and execution of job duties and expressed in the equipment quantity and quality, the order and methods of its application, the condition of the working premises and the environment which affect the employee's health and working capacity during professional activity. The research issue is believed to be urgent because a vector of legal regulation of public relations associated with environmental safety has to be changed not as an external influence of the enterprise on the environment, but as an integral part of the enterprises' activities, which currently seem an integral part of administration. While in developed countries new systems of human resource management are being introduced and advanced technologies are being used replacing human resources, in our country, environmental standards are not even developed to regulate enterprises' activity. Obviously, it is caused not only by the status of legal regulation, but also by poop consciousness of the citizens involved in the enterprises management and operation. To study environmental safety as an object of environmental law seems to be ordinary as well as to define the essence of environmental safety as an object of commercial law. This is because the issue of environmental safety is universal, and concerns everyone. However, public relations appeared, changed, and terminated in the field of proper working conditions still stay out of attention. Environmental safety is an essential condition for each employee. As for the theoretical and legal substantiation to study the enterprise environmental safety as a prerequisite for compliance with proper working conditions, the concept of enterprise environmental safety has to be defined, the best international practices and solutions have to be analyzed, and a single concept of the stable development of proper working conditions at enterprises have to be outlined. In this regard, this article is aimed at revealing features of the environmental management system in Ukraine. The purpose of the article is to study social relations associated with the enterprise ecological safety as a precondition for compliance with required working conditions. The methodology of the research is based on the integrated approach to the study, systematization and analysis of effective practices of environmental safety at different levels of its implementation. The international experience in ensuring the environmental safety at the company for proper working conditions, particularly, the experience of Japan, France, and the United Kingdom is described herein. The article seems to be useful for researchers concerned with ecological safety, labor protection and implementation of an effective environmental management system, fixed at the regulatory level.

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Vilchyk, T. B..
    Legal enforcement and development directions of health law in Ukraine [Текст] / T. B. Vilchyk, H. S. Krainyk, O. O. Shandula // Wiadomosci lekarskie. - 2019. - Vol. 72. Issue:4. - P. 692-696
   Перевод заглавия: Правовое обеспечение и развитие направлений медицинского права в Украине.

УДК

340.6

ББК Х623.211.84

Аннотация: OBJECTIVE: Introduction: The development of medical law should take place systematically based on scientific basis and guided by international experience. The article describes the tendencies and prospects of the medical law development of Ukraine in the context of globalization and European integration processes. The aim of this work is to investigate the problems of legal enforcement and directions of the medical law development in Ukraine. PATIENTS AND METHODS: Materials and methods: We analyzed national and international acts that regulate community rights for medical care, protection of patient rights, which were studied using content analysis and analytical experience, as well as generalization of court practice and statistical data. RESULTS: Review and conclusions: Violation of patient rights is a socially harmful act, impunity of which also affects social security. The quality control mechanism of medical care should be permanent and aimed at improving this quality. It is necessary to create a National Quality Control Agency that would be independent, not subordinate to the Ministry of Healthcare of Ukraine, with professional experts with experience in this direction. The problem of legal protection of patient and doctor rights, as well as provision of legal support to medical institutions and the creation of a regulatory framework to reform the health care system is relevant. It is necessary to create a register of medical lawyers. Creating a system for reporting and monitoring medical errors should be one of the priorities of health care reform in Ukraine.

Анотація - 0 байт

Bezpalova, O. I..
    Legal protection of inventions within medical practice in Ukraine [Текст] / O. I. Bezpalova, V. A. Yusupov, O. Ye. Avramova, T. V. Krasiuk, N. B. Larina // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue:3. - P. . 484-488
   Перевод заглавия: Правовая защита изобретений в рамках медицинской практики в Украине

УДК	347.77.028

ББК Х623.31 + Х623.211.84

Аннотация: OBJECTIVE: Introduction: There is a large number of patents registered in the field of medical practice in Ukraine. Despite this, the peculiarities of the legal protection of inventions within medical practice have not been researched in the modern legal doctrine of intellectual property. The aim of this article is theoretical and practical study of the legal protection of medical inventions in Ukraine based on the analysis of Ukrainian patent law, issued patents for inventions applied within medical practice, as well as data from the State Expert Center of the Ministry of Health of Ukraine. PATIENTS AND METHODS: Materials and methods: The authors of the article have used methods of analysis and synthesis, as well as comparative and legal method. The analysis and further use of data from the State Expert Center of the Ministry of Health of Ukraine contributed to the definition of the problems of this publication, as well as the formulation of the authors' vision of the features of inventions within medical practice. RESULTS: Review: Inventions within medical practice are the result of human intellectual activity in the field of medicine. The authors have offered to refer inventions within medical practice to a group of inventions with a possible risk. The risks of inventions within medical practice are divided into those that have a risk for people undergoing clinical trials and manufacturers who try to use these inventions. CONCLUSION: Conclusions: The authors have grounded the expediency of supplementing the patent procedure with regard to inventions that can be applied within medical practice, with the rule of obligatory provision of documents on conducting clinical trials to the materials of the application for a patent on the invention, in cases of restrictions of the rights of a patent holder of medical and pharmaceutical inventions, by the provisions that would define the concepts and types of biotechnological inventions.

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