Theory and practice of jurisprudence

Basic Conditions for Application of Necessity as a Circumstance that Precludes Bringing to International Legal Responsibility

Yuri Shchokin — 2024-01-03

The article examines a situation of necessity as a circumstance that precludes bringing to international legal responsibility. The relevance of the article is due, on the one hand, to the growing crises in modern international relations, and on the other hand, the lack of comprehensive studies of necessity in the Ukrainian science of international law. The purpose of the article is to determine the specifics of the international legal grounds for states and international intergovernmental organizations to apply to the state of necessity, as circumstance that precludes bringing to international legal responsibility. The article uses general philosophical, general scientific, special scientific and legal methods of research, in particular: dialectical, formal-logical, analysis and synthesis, comparative-legal, and logical-legal. The article analyzes Art. 25 of the draft articles on the responsibility of states for internationally wrongful acts prepared by the UN International Law Commission and submitted to the UN General Assembly in 2001 (UNGA resolution 56/83 (A/RES/56/83) of December 12, 2001). The relevant practice of a number of international courts and arbitrations was analyzed, in particular: the International Court of Justice, the International Center for the Settlement of Investment Disputes, the International Tribunal for the Law of the Sea. The main conditions for the lawful use of necessity are identified, and a forecast of the areas of its further application is given.

Mediation in Administrative Law Proceeding: Comparative Legal Analysis of the Legislation of the Federal Republic of Germany and Ukraine

Dmytro Luchenko — 2024-01-03

The article highlights the content of mediation as an alternative method of administrative law dispute resolution through the prism of analysis of the relevant legislation. The relevance of this topic is primarily associated with the problems of resolution of administrative law disputes by the means of litigation. Therefore, mediation appears as a way to find a compromise for both parties, which can be achieved with the help of a mediator whose purpose is to resolve a conflict situation and assist in making a decision which would satisfy the interests of both parties. The purpose of this article is to study mediation as a method of alternative dispute resolution in the administrative process in its broadest sense, i.e., including administrative procedure and administrative proceedings, based on the comparative legal analysis of Ukrainian and German legislation. To achieve this goal and solve the tasks stipulated by it, the following scientific methods were used: systematic, formal legal, comparative legal, analysis and synthesis, and generalisation methods. The article examines the legislation on mediation: domestic and German. It is established that in the legislation and practice of European countries, mediation has been used for a rather long period of time in the resolution of administrative law disputes. Such a widespread use of mediation in administrative law issues is associated with Recommendation (2001) 9 of the Committee of Ministers of the Council of Europe to member States on alternatives to litigation between administrative authorities and private parties, dated 5 September 2001, which emphasises that the use of alternative means of settling administrative disputes makes it possible to resolve these problems and bring the administrative authority closer to the public. The author substantiates the relevance of legal regulation of mediation as a means of resolving administrative law disputes in Ukraine.

Mechanisms of Citizen Participation іn Public Administration: Experience of Foreign Countries

Daria Muslimova — 2024-01-03

Considering Ukraine's aspiration to become a full member of the European Union and participate on equal terms with other European states in defining global policies and goals for the future, the effective functioning of public participation mechanisms in governance is not only a goal for Ukraine, but also a requirement of the EU. In this sense, it is appropriate to investigate the peculiarities of the functioning of the mechanisms of citizen participation in public administration in different states, evaluating their experience and taking into account the principles and ideas that can be useful in reforming the Ukrainian legal system in this direction. The purpose of the article. Analysis of foreign experience of regulatory and practical support for the functioning of mechanisms of citizen participation in public administration, determination of advantages and disadvantages of various models of setting up government-public communications, as well as an outline of prospects for the development of mechanisms of public participation in state administration in Ukraine. Methods of analysis. The research uses general scientific and special methods of scientific knowledge. The purpose and tasks of the research include analysis and synthesis of information, comparison of foreign approaches to understanding public participation and its mechanisms, as well as formulation of the author's conclusions on specific issues, recommendations for theoretical and practical use. The results. The theoretical and practical aspects of ensuring the effectiveness of citizens' participation in public administration are analyzed. The standards in this area, the best foreign approaches and practices, and promising directions for the development of participatory democracy in Ukraine are outlined. Prospects for further research. The findings contained in this study can be applied during the improvement of national legislation and the implementation of regulatory provisions on effective public influence on public administration. In the future, it would be appropriate to pay attention to the peculiarities of ensuring the functioning of the mechanisms of citizen participation in the management of state affairs in other countries, in particular in Asian countries, Canada, the USA, etc.

E-justice in Administrative Process: European Standards and Foreign Experience

Kristina Piatyhora — 2024-01-03

One of the key aspects of the development of electronic administrative justice in Ukraine is its compliance with European standards, which define important principles, methods, and recommendations aimed at ensuring the efficiency, accessibility, and quality of judicial activities in a digital environment. That is why the purpose of this article is to analyze European standards and foreign experience in the field of electronic administrative justice and the possibility of their implementation in national legislation. The conduct of this research is extremely important and relevant, as it will help to adapt the Ukrainian judicial system to international standards and norms. The methodological basis of the research is a set of general scientific and special methods of cognition, namely the methods of dialectics, comparative law, system-structural, formal-logical, etc. As a result of the analysis, it was concluded that significant attention should be paid to the protection of personal data, confidentiality, information security, as well as ensuring access to justice, impartiality, independence of judges, and justice. The article also highlights the experience of implementing information and telecommunications technologies in the system of administrative justice in such European Union member states as Estonia, Lithuania, and Austria, as well as Korea and China. It is noted that in these countries, electronic justice has become an important part of justice, and in view of this, the key aspects of their experience that can be useful for Ukraine are revealed. In addition, a comparative analysis of foreign and domestic experience in the functioning of electronic justice was carried out and the main reasons that slow down its development in Ukraine were identified. It has been proven that the involvement of advanced experience and best practices of foreign countries will significantly contribute to the successful implementation of electronic administrative justice in Ukraine. At the same time, it is important to take into account the unique context, capabilities, and needs of the national judicial system.

Regulatory Recognition of Commercial Space Flights

Daria Bulgakova — 2024-01-03

The author of the research article raises current legal issues regarding the regulatory challenges associated with the commercialization of outer space, with a particular focus on space tourism. The study aims to solve the legal dilemma of the lack of a legal framework that would define commercial spaceflight because this problem creates ambiguity in the understanding of the phenomenon of space tourism and raises concerns about the regulatory way of space exploration by private companies. The methods of analysis consist of the benefit of theoretical aspects of international space law for the designation of a mutual understanding between commercial interests and the principles of space exploration. The obtained results of the study lead to the conclusion that the main factor that inhibits the implementation of proper legal regulation of commercial space activity is uncertainty in the application of one or another law to regulate flights with space tourists, which, in the opinion of the author, should be eliminated employing regulatory direction on the proper legal regime, a clear definition of the boundary between outer space and air space, the weight of the norms of international law as opposed to the applications of states regarding the expediency of the norms of national law. The author's solution is the initiative for the governance of the unsettling areas through contractual arrangements. This idea is due to the results of the study about the predictability of the potential loss of relevance of international space law for the regulation of commercial space flights, therefore the auxiliary role of contract law is delivered. For its implementation, the author emphasizes the prospect of maintaining a regulatory course on (i) management of property rights, (ii) management of space resources in the direction of prohibition of appropriation and commercial colonization of celestial bodies; (iii) provisions for liability in the event of flight anomalies, safe rescue accidents, and the return of space tourists.

Problematic Issues of Competition in the Outdoor Advertising Market

Rehina Vaksman — 2024-01-03

The article analyzes problematic issues related to competition and the legal regulation of the outdoor advertising market. This form of advertising remains effective in promoting goods and services, despite the rapid development of new technologies and the widespread popularity of the Internet. Outdoor advertising is one of the most heavily regulated types of advertising, with the current laws outlining several requirements and the necessity of obtaining a placement permit. However, the legislation governing the placement of outdoor advertising is not perfect. Some issues are controversial, and others are not addressed by the legislation at all. Since many matters concerning outdoor advertising placement are left to the discretion of local self-government bodies, there is a risk of creating additional barriers to market entry and negatively impacting competition in the market. Therefore, there is a need to analyze the problematic issues in the outdoor advertising market and find solutions. Based on the conducted research, the author proposes amendments to the current legislation to enhance competition in the placement of outdoor advertising.