In today's world, given the rapid development of global transformation processes, economic, political and legal systems, ensuring the full functioning of any state without proper provision of defence and security sector is virtually impossible. However, despite the transformation of the matter of national security and defence from the height of scientific discussions down to practical actions within the framework of the state security policy, the issue of effective legal regulation of the country's defence remains open. The current military-political situation around Ukraine, caused by the full-scale invasion of the Russian aggressor on the territory of Ukraine, which increasingly reveals theoretical and practical issues in the field of military-administrative law of Ukraine and proves the lack of proper attention to the legal aspects of defence, also increases the urgency of the problem. The purpose of this article is to analyse the system of military-administrative law, trends in its development in order to improve the cur-rent system of state defence in the context of Russian military aggression. To achieve this goal, authors used a system of scientific methods, including, in particular: dialectical method, method of synthesis and analysis, method of deduction, historical method, historical-legal, formal-legal method and system-structural method. During the work, authors analysed theo-retical issues of the development of military-administrative law, the existing military-administrative legislation and found a number of problems that currently exist, in particular the lack of proper legal regulation of the activities of the Territorial Defence Forces and mili-tary administrations and the interaction of volunteer organizations and the Armed Forces. Au-thors also covered functioning of the Cabinet of Ministers during an armed attack, the issue of parliamentary control over the activities of the security and defence sector, where authors provided possible solutions. The results of the study have priority for the formation and devel-opment of military-administrative law as a separate sub-branch of Special Administrative Law and the reform of the security and defence sector in the context of administrative and le-gal support of the state defence.
The purpose of this study is to clarify the role of administrative law in ensuring the global public interest, outline the approaches that are used in administrative regulation when formu-lating the content of public interest, ways to ensure it, and the ratio of public and private in-terests of individuals, establish whether administrative law acquires signs of globality. Meth-ods such as observation, analysis, generalization, and abstraction were used in the study. It was established that the development of global administrative law is designed to solve the problem of adapting national mechanisms of administrative regulation for their use in the global administrative space to ensure global public interest. The development of global ad-ministrative law in such areas as ensuring sanitary and epidemic well-being, the use of outer space, environmental safety, and the use of information networks is inevitable. The study co-vers the development of global, not international law. The signs of such “globality” are pre-cisely the global public interest and global space.
The relevance of environmental protection is caused by its importance for the current and fu-ture life of people on the planet. The research aims to examine the basic principles underlying the development and implementation of the European Union’s (EU) environmental policy. As a result, the sources of EU environmental law were identified, namely, international docu-ments whose provisions relate to the use, protection, and restoration of the environment. The principles underlying the development and implementation of the EU environmental policy were described, and their content and significance were assessed. In addition, the research examines the structure of the EU’s horizontal environmental legislation, which includes sever-al legal acts regulating a particular sector of relations. An assessment of the EU’s current ac-tivities in the field of environmental protection was made, accompanied by an analysis of the Eighth Environment Action Program. Thus, the main approaches to the control and regula-tion of environmental relations in the EU were established to realize the rational and compre-hensive environmental development of the states.
The relevance of this study lies in the fact that positive law is designed to maintain a reasona-ble balance, that is, a reasonable balance between the will of the state and the will of the citi-zens who constitute the population of the respective state, and such a balance can be achieved only in the context of the sociocultural dimension of positive law. Such a balance can be achieved only in the context of the sociocultural dimension of positive law. Social security plays an important role in this process. The purpose of the article is to investigate the constitu-tional practice of normative regulation of the right to social security in Ukraine and the states of continental Europe. The authors have considered the legal content of the right enshrined in Article 46 of the Constitution of Ukraine, and analyze similar norms of the constitutions of European countries. It was concluded that the right to social security is closely related to the standard of living of Ukrainian citizens. Therefore, under conditions of significant social strat-ification of Ukrainian society, a sharp decline in the level of security of the economically inac-tive part of the population, the problems of insufficient protection of the right to social securi-ty cause an urgent need for theoretical rethinking and comprehension of the legal content, making proposals that would contribute to a more effective provision of this right.
The purpose of this article is the methodological understanding of the foundations of the con-stitutional institution of parliamentary immunity, the characteristics of the constitutional models of this institution, and the clarification of problems arising in the process of the aboli-tion of parliamentary immunity and proposals for ways to solve them. Among the methods used to study this topic are: dialectical method, formalisation method, legal method, formal-legal method, hermeneutic method, logical-legal method, systemic, structural-functional method, axiomatic method, method of induction and deduction, method analysis and synthe-sis. The results of this article are clarification of the specific features of the institution of par-liamentary immunity in various European countries; establishing and analysing the main models of parliamentary immunity; study of the stages and procedure of cancellation of the immunity of deputies in Ukraine and determination of negative and positive aspects of such cancellation; carrying out a study of the specific features of the application of it in the activi-ties of parliamentarians.
The relevance of this study lies in the need for a thorough investigation of the judge’s right to judicial activism in case of disagreement or partial disagreement with a court decision, as a guarantee of the independence of their activities, as well as the definition of methods used up-on engaging in judicial activism, namely a logical or intuitive method, to establish the role and purpose of this institution in the legal system of Ukraine. The purpose of this study is to de-termine the role and purpose of the institution of “judicial activism” and to identify the meth-ods used to express a separate opinion in case of disagreement with the decision taken in the case. The methods used to investigate the subject include comparative method, legal recogni-tion method, dialectical method, formalisation method, logical legal method, historical meth-od, system method, axiomatic method, hermeneutical method, synthesis and analysis method, and others. During the study, the main concepts and terms used in this paper were defined; the study established the purpose and allocation of functions of the right to judicial activism as a guarantee of the independence of judge’s activities; determined the features of the institu-tion of judicial activism; studied the role of intuitive and logical methods in expressing a sepa-rate opinion in case of disagreement with the court’s decision; compared these methods and determined their features and their application when using the right to judicial activism. In addition, the author investigated the application of the right to judicial activism in courts of general jurisdiction, in the Constitutional Court of Ukraine, and courts of international juris-diction, including the European Court of Human Rights; compared the use of logical and in-tuitive methods upon engaging in judicial activism; identified problems and contradictions in the use of these methods and identified their negative aspects. The provisions set out in this paper are of practical value for employees of judicial bodies, namely judges, in the perfor-mance of their professional activities.
The topic under study, namely the deterrent effect of the Ukrainian child labour legislation, is quite relevant today. This is conditioned by the fact that THE number of cases of using children as labour is constantly growing, which indicates a negative trend of violations of both children's rights and the Labour Code of Ukraine. This phenomenon is extremely negative for society, moreover, it has a detrimental effect on children, who are the future of the nation. Thus, the purpose of this study is to analyse the current legal norms regulating the protection of the rights of the child, in particular from their arbitrary violation in the labour sphere. In addition, it is necessary to investigate the dynamics of their violations, to establish the main factors affecting this process, and to determine sanctions for such offences. To achieve this goal, various methods of scientific research were applied, in particular, both general and legal, since the subject of the study is legal. Theoretical methods are the method of logical analysis, synthesis, comparative analysis, deduction, abstraction, and the analysis of scientific literature. The legal methods should include the method of content analysis, and the comparative and legal method. As a result, solid conclusions were obtained, consisting of a theoretical component, in particular, an analysis of regulations concerning child labour, and a practical one, in which the main causes and features of the above-mentioned norms were established. In future studies on this topic, it is necessary to identify gaps in the current legislation on children's rights, in particular in the field of labour, and, accordingly, to formulate ways to eliminate them. The practical value of this work lies in the fact that the analysis of the current legislation took place in comparison with foreign acts, therefore, it formed important recommendations that should be used in future rule-making activities to stop the violation of children's rights in the labour sphere.
The topic under study, namely the deterrent effect of the Ukrainian child labour legislation, is quite relevant today. This is conditioned by the fact that THE number of cases of using chil-dren as labour is constantly growing, which indicates a negative trend of violations of both children's rights and the Labour Code of Ukraine. This phenomenon is extremely negative for society, moreover, it has a detrimental effect on children, who are the future of the nation. Thus, the purpose of this study is to analyse the current legal norms regulating the protection of the rights of the child, in particular from their arbitrary violation in the labour sphere. In addition, it is necessary to investigate the dynamics of their violations, to establish the main factors affecting this process, and to determine sanctions for such offences. To achieve this goal, various methods of scientific research were applied, in particular, both general and le-gal, since the subject of the study is legal. Theoretical methods are the method of logical anal-ysis, synthesis, comparative analysis, deduction, abstraction, and the analysis of scientific lit-erature. The legal methods should include the method of content analysis, and the compara-tive and legal method. As a result, solid conclusions were obtained, consisting of a theoretical component, in particular, an analysis of regulations concerning child labour, and a practical one, in which the main causes and features of the above-mentioned norms were established. In future studies on this topic, it is necessary to identify gaps in the current legislation on chil-dren's rights, in particular in the field of labour, and, accordingly, to formulate ways to elimi-nate them. The practical value of this work lies in the fact that the analysis of the current legis-lation took place in comparison with foreign acts, therefore, it formed important recommen-dations that should be used in future rule-making activities to stop the violation of children's rights in the labour sphere.
Come noto, l’art. 2697 c.c. esprime il regime legale di riferimento nell’allocazione del ‘rischio della mancata prova’, così introducendo a carico dell’attore l’onere di provare i fatti costitutivi del diritto fatto valere, gravando, invece, il convenuto di quello concernente i corrispondenti fatti impeditivi, modificativi ed estintivi. Obiettivo che ci si propone di conseguire è quello di cogliere le potenzialità recate da queste regole nel giudizio revocatorio, articolando l’indagine lungo due complementari traiettorie: la prima, relativa alla distribuzione dell’onere della prova; l’altra, orientata alla identificazione delle pertinenti tecniche e modalità per assolvervi.
Sebbene politica non solo recente potrebbe giustificare un processo alle intenzioni, si è rimasti da esse lontani per dovere scientifico e speranza civica. Ma ci si è comunque trovati vicini – più di quanto possa piacere – al timore che la gestione penale della comunità diventi un processo para-ideologico privo di dati empirici ed elaborazioni concettuali auspicati. La scienza della legislazione, il diritto penale, la sociologia sono solo alcuni approcci possibili che non dovrebbero essere rifiutati dalla criminologia: scienza multidisciplinare che trova identità nella funzione che persegue più che nei mezzi che utilizza.