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Kolisnykova, H. V..
    Legal nature of contract for provision of state medical services [Текст] / H. V. Kolisnykova, O. V. Lekhkar, Y. O. Samsonova // Journal of Advanced Research in Law and Economics. - 2019. - Vol. 10, Issue 7. - P. 2032-2034
   Перевод заглавия: Правовая природа договора на оказание государственных медицинских услуг

УДК	347.45/.47

ББК Х832.04
РУБ DOI: 10.14505 / jarle.v10.7 (45) .12

Аннотация: The relevance of the research is the contract provisions for private medical services have been thoroughly developed in scientific-legal doctrine; many studies analyze their content, classification, application. The legal essence of contracts on State (public) medical services in the current legislation of Ukraine, is not sufficiently researched that makes the issue in this area relevant. The purpose of the study is aimed at defining the concept and legal nature of contract provision for public medical services; generalization and critical understanding of the legislator's approaches to determining the role and significance of public medical service contracts in the system of contracts in Ukraine. The research main methods are dialectical, formal-logical, systemic. In particular, the systemic method was used to determine the place of the contract in the contract system as a whole. Special mention should be made of the specific scientific methods (comparative-legal, formal-legal) which were utilized to find out the legal nature of the public medical service contracts. The relevance of the research: the provisions on contract for provision private medical services are thoroughly developed in scientific-legal doctrine; many studies analyze their content, classification, application. The legal essence of the contract on public medical services in the current legislation of Ukraine, has not been sufficiently researched that that requires further examination. The research results are based on the analysis of regulatory material. It is concluded that there is no single agreed approach regarding the procedure for concluding these contracts, determining their legal nature and contract conditions in Ukraine. The authors emphasize on the recognition of the health of an individual as the highest social value of the European community, necessity of effective mechanisms for regulating health care relationships in order to achieve the highest level of health standards for all human beings, and improvement of the quality of life in general and health care in particular. The authors note that further expansion of public-private partnerships in the medical field is useful and necessary for all countries in the world. The medical services provision by public health institutions may be provided on the basis of private civil contracts. Practical significance is evident from the analysis of the normative material. The authors outline the main problematic issues regarding the legislative regulation of state medical contract and make specific proposals for improvement of the existing legislation in the medical service field. The worldwide pandemic COVID-19 has shown that effective mechanisms to regulate health care delivery relations in order to achieve the highest standard of health for all humanity and improve the quality of life in general, and health care in particular is a pressing issue for both developed countries and those seeking it. The conclusions and suggestions made can be used in the research sphere for further elaboration of problems of contract law, in the sphere of practical activity, in particular to develop contract forms.

Работа с электронной копией документа возможна только в читальном зале библиотеки

Sannikov, D. V..
    Legal Regulation of Land Lease in Ukraine [Текст] / D. V. Sannikov, S. V. Khominets, D. L. Kovach, R. A. Tsyliuryk, A. O. Chyryk, O. M. Savelieva // Journal of Advanced Research in Law and Economics. - 2020. - Vol. 11, Issue 4. - P. 1398-1404. - [Припинена індексація в Scopus 18.01.2024]
   Перевод заглавия: Правовое регулирование аренды земли в Украине

УДК

347.453.1

ББК Х623.211.322 + У9(4УКР)07 + Х625 + Х625.1 + Х625.7
РУБ DOI: https://doi.org/10.14505/jarle.v11.4(50).36

Аннотация: The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them. © 2020, by ASERS® Publishing. All rights reserved.

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Dudenko, T. .
    Uncitral approaches to regulate electronic contracting. Are they still applicable? Based on ukrainian and other Сis countries’ experience [Текст] / T. Dudenko, N. Filatova, I. Khodyko // Journal of Advanced Research in Law and Economics. - 2019. - Vol. 10, Issue 8. - P. 2317-2326
   Перевод заглавия: Подходы ЮНСИТРАЛ к регулированию электронных контрактов. Они еще применимы? На основе опыта Украины и других стран СНГ

УДК

347.4

347.133.24

347.44

ББК Х623.204
РУБ DOI: 10.14505/jarle.v10.8(46).10

Аннотация: Contract formation by electronic means nowadays is a widespread phenomenon. Although electronic contracting has been thoroughly analyzed by scholars, there still remain some issues which need to be addressed. In our view, the most essential question raised by electronic contracting is whether there is a need to amend substantial contract law provisions with regard to peculiarities of contracts formed by electronic means. Seeking the answer to this question the UNCITRAL developed several basic approaches which come down to the idea that there is no need to amend substantial contract law provisions and create a special regulation for electronic contracting. However, a lot of countries have deviated from this approach and amended some special rules. In this article the latest amendments of contract law provisions in the CIS countries as well as the provisions on contract formation which remained untouched are critically analyzed. Based on this analysis the following conclusion is made: the principles of functional equivalence and technology neutrality are still applicable to practice of electronic contracting. However, the ‘contract law neutrality’ approach should be carefully rethought since in some cases there is a need to adapt current contract law provisions to the new realm and new practices of contract formation

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Puchkovska, I. Y..
    Ensuring the fulfillment of contracts in civil law [Text] / I. Y. Puchkovska, O. Р. Pecheniy, A. M. Isaiev // International Journal of Criminology and Sociology. - 2020. - Vol. 9. - P. 3040-3047
   Перевод заглавия: Забезпечення виконання договорів у цивільному праві

УДК

347.4

РУБ DOI: https://doi.org/10.6000/1929-4409.2020.09.370

Аннотация: The main purpose of the article is to comprehensively describe the main ways to ensure compliance. The main research approach is analytical and legal methodology. Doctrinal and legislative provisions on ensuring the implementation of civil law agreements were analysed. The process of formation of the institute ensuring the fulfilment of contracts was characterised. A comparative analysis of ways to ensure the implementation of agreements on their legal nature and effectiveness, highlighted the signs of their demarcation. The foreign practice of ensuring the fulfilment of contractual obligations was analysed, and the possible directions of its implementation in the domestic legal space were determined. Gaps in legislative regulation and problems of practical implementation in ways to ensure the implementation of agreements were identified. The author proposed the definition of ways to ensure the implementation of contracts. The findings are valuable for legislative initiatives and for the practical activities of the parties to contractual obligations in terms of choosing the most effective way to secure the contracts they enter into.

Работа с электронной копией документа возможна только в читальном зале библиотеки

Tashian, R. I..
    The invalidity of contracts in the field of medical services as a way to protect the rights of the patient [Текст] / R. I. Tashian // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss. 11, cz. 2. - P. 3004-3008
   Перевод заглавия: Недійсність договорів у сфері медичних послуг як спосіб захисту прав пацієнта

УДК	347.45/.47

РУБ DOI: 10.36740/WLek202111224 + PMID: 35029570

Аннотация: OBJECTIVE: The aim of this article is to reveal the essential features of contracts providing medical services. The author also focused on the grounds for the invalidity of such contracts - entering into medical services contract without license or permission, prohibition of some medical services or methods of treatment, the imposing of unnecessary medical services, a contradiction to corporate regulations, fraud. A significant part of the work is devoted to the consequences of the invalidity of the contract - the restitution of the money received under the contract and compensation of harm. PATIENTS AND METHODS: Materials and methods: The study is based on the statutory acts of European Union countries, the USA, and others. The author also uses acts of international law in the field of medical services and cases of court practice. CONCLUSION: Conclusions: Although the invalidity of contracts in the field of medical services is not one of the most common ways to protect a patient's rights, it is in many cases essential to the reliable delivery of medical services. The patient has the right to initiate a legal dispute regarding the invalidity of the contract. The restitution of the money paid by the patient, as well as compensation for the harm caused, can be applied not only within the framework of tort law but also under the responsibility for the breach of the contract.

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Us, M. .
    Establishment by contract of judicial methods of protection of civil rights and interests: the ukrainian experience [Текст] / M. Us // Access to Justice in Eastern Europe. - 2022. - Vol. 5, Iss. 4. - P. 201-212. - References : p. 212 . - Early Access: NOV 2022
   Перевод заглавия: Встановлення договором судових способів захисту цивільних прав та інтересів: досвід України

УДК	347.44:347.91/.95

РУБ DOI: 10.33327/AJEE-18-5.4-n000438

Аннотация: Background: The issue of choosing an effective method of protection continues to be relevant not only in court but also in contractual practice. This is explained by the fact that in a number of legal systems, contracts act as a source of consolidation of protection methods. As a result, there is a need to define models (options) for the contractual establishment of protection methods and, at the same time, the limits of contractual freedom. Methods: Logical methods were used during the present research: analysis, synthesis, induction, and deduction. With the help of the system method, types of models of the contractual establishment of protection methods were studied. The historical-legal method made it possible to analyse the provisions of national legislation and approaches to establishing methods of protection from a historical perspective. Results and Conclusions: The provision in the law of the contract as a source of establishing methods of protection contributes to greater protection of rights holders and allows for timely and adequate responses to complications of legal relations and, as a result, complications of the subjective interests of their participants. The recognition of the freedom of participants in contractual relations in determining the methods of protection and reference to the dispositive basis in the relevant field corresponds to the modern European approach.

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Tashian, R. .
    Medical contracts with conditions contrary to public policy [Текст] / R. Tashian // Wiadomosci Lekarski. - 2023. - Vol. 76, Iss. 1. - P. 226-232. - References : p. 231-232
   Перевод заглавия: Медичні договори з умовами, що суперечають державній політиці

УДК

347.44:614.2]:351.77

351.77:[347.44:614.2]

РУБ DOI: 10.36740/WLek202301131 + PMID: 36883514

Аннотация: Objective: The aim: To reveal some features of medical contracts with conditions contrary to public policy. Patients and methods: Materials and methods: The study is based on the statutory acts of countries of European Union. The author also uses acts of international law in the field of medical services, the law and cases court practice of EU. Conclusion: Conclusions: The sphere of medical services objectively requires increased control by the state. There are various legal mechanisms for ensuring the rights of the patient and the proper level of medicine. It is important to invalidate the unfair terms of medical contracts, compensation for losses and moral damage. These remedies are obtained through judicial protection and, in some cases, through other jurisdictional means. It is important to implement European standards in national legislation.

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Scopus - 0 байт

Hrytsenko, H. H..
    Grounds for Occurrence of Civil Law Obligations Involving Plurality of Person [Електронний ресурс] / H. H. Hrytsenko // JUS Rivista di Scienze Giuridiche. - 2023. - Vol. 2023, Iss. 3. - P. 166-180
   Перевод заглавия: Підстави виникнення цивільно-правових зобов'язань за участю множинності осіб

УДК

347.41

РУБ DOI: 10.26350/18277942_000130

Аннотация: The study of civil law obligations involving a plurality of persons is relevant due to the existing research gap and the need for a comprehensive understanding of this legal phenomenon. The purpose of the study is to investigate and gain a comprehensive understanding of the grounds for the emergence of civil law obligations involving a plurality of persons. The study utilized scientific methods as such analysis, synthesis, comparison, analogy, deduction, induction, and abstraction. Methods such as structural-functional analysis, comparative law analysis, and formal law analysis were employed. The study yielded key results, including classification of obligations into partial and joint and several, study of creditor claims and debtor performance options, determination of general and special grounds for obligations involving multiple persons, highlighting the role of indivisibility, as well as recommendations for legislative regulation of severability of objects of civil rights. In conclusion, this scientific article provides valuable insights into civil law obligations involving a plurality of persons. The study categorizes these obligations into partial and joint and several obligations, delineating the rights and responsibilities of creditors and debtors. The study identifies both general and special grounds for such obligations, highlighting the importance of indivisibility as a key factor.

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Scopus - 0 байт

Biliaiev, O. .
    Contractual dynamics in Ukrainian civil law regulation [Електронний ресурс] = Dinâmica contratual na regulamentação do direito civil ucraniano / O. Biliaiev, A. Isaiev, N. Korobtsova, I. Puchkovska, V. Yanyshen // Revista Juridica Portucalense. - 2023. - No. 34. - P. 237-256. - References : p. 254-256
   Перевод заглавия: Договірна динаміка в українському цивільно-правовому регулюванні

УДК	347.4(477)“364”

РУБ DOI: 10.34625/issn.2183-2705(34)2023.ic-12

Аннотация: The research delves into the evolving contractual dynamics within Ukrainian civil law amid European integration, quarantine measures, and martial law. Focusing on the balance between individual rights and the broader civil legal framework, the study seeks to assess the current Civil Code of Ukraine and proposes enhancements to safeguard individual rights during challenging periods, such as martial law. Various research methods were used in the study, such as analysis, synthesis, comparison, deduction, generalisation, abstraction, and formal legal research. As a result, the author has established that the current system of civil law provisions is characterised by certain shortcomings which affect certain types of activities of the subjects of these relations. The authors highlight that the process of European integration, the introduction of quarantine restrictions, and martial law in Ukraine had the most significant impact on the formation of problematic issues in the system of national civil legislation. As such, the study focuses on the general problem of regulating civil relations, namely, the legal status of a private person, as well as on specific aspects of this issue, contractual regulation and amendments to existing rules. Based on this, the author argues that the priority for addressing these issues is the development of new laws and modifications to the provisions of the Civil Code of Ukraine.

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Scopus - 0 байт