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Abstract. The analytical note provides a comparative analysis of the criminal procedure legislation of Ukraine, nine European countries and two post-Soviet countries with regard to the appointment of a new trial in the court of first instance. It gives the reasons for the appellate court (court of appeal) to set aside a first instance court's judgment as well as provides analysis of the grounds that fall under the category of «significant non-compliance with the requirements of the criminal procedure». Also, it has been found out the common and distinctive features of the provisions of the Criminal Procedural Code of Ukraine and criminal procedural laws of Germany, Bulgaria, Serbia, Slovakia, Croatia, Czech Republic, Poland, Estonia, Latvia, Moldova and Georgia. The Annex 1 provides a comparative table on the basics for the appellate court to set aside the judgement of the court of first instance and to remand the case (criminal proceedings) for a retrial / new trial to the court of first instance – in terms of the grounds stipulated by Article 415 of the CPC of Ukraine.
Key words: criminal proceedings, court of first instance, appellate instance, court judgement, setting aside the judgement, significant non-compliance with the requirements of the criminal procedure, retrial / new trial, foreign experience.
05/2023
Key words: the Code of Ukraine on Administrative Offenses, non-compliance with the rules regarding the safety of vehicle exploitation, incompliance with technical requirements, technical malfunction, road safety, fine.
05/2023
Abstract. Shaping a reliable and effective legal framework that would not hinder innovation and quick access of consumers to innovative devices and at the same time guarantee the safety of these devices and their benefits for patients, users or third parties at an equally high level is an important element of the legislative regulation of the procedure for admission of medical devices to the market and implementation of control over their circulation. Analysis of EU legislation in terms of regulations aimed at ensuring the safety and effectiveness of medical devices and facilitating patient access to them, as well as the experience of EU member states which have established control over safety, quality, use, introduction into market, supply, compliance assessment, clinical trials and studies of the effectiveness of medical devices in accordance with the legislation are of significant interest to Ukraine. The analysis covered Ukrainian legislation in the field of medical devices circulation, in particular, state guarantees in the field of healthcare and ensuring high level safety for medical devices consumers, as well as the legislation of the European Union, Austria, Estonia, Latvia, Lithuania, Germany, Poland and Czech Republic.
Key words: medical devices, circulation of medical devices, ensuring the safety of consumers of medical devices, Regulation (EU) 2017/745, EUDAMED database of the European Union on medical devices.
05/2023
Abstract. Models of legal regulation of professional self-governance in the field of healthcare in Canada, Latvia, Poland and the USA have been studied. Attention was focused on the activities of professional self-governance institutions of doctors and other specialists in the field of healthcare. Problematic issues related to introduction of professional medical self-governance in the aforementioned countries have been analyzed. The research highlights the recommendations of scholars and specialists in the field of healthcare, including those of foreign countries.
Key words: healthcare, professional self-governance in the field of healthcare, medical professions, professional responsibility.
05/2023
Abstract. The analytical note describes the experience of foreign countries that have defined the requirements for the circulation of dietary supplements (labeling, procedure of introduction into market, import and export, types of violations in this area) in their laws and regulations. Particular attention was paid to the efforts of the member states of the European Union to find a universal approach to regulating circulation of dietary supplements, which contain active pharmaceutical ingredients.
Key words: dietary supplement, medicinal plant, labeling, circulation, health care, consumer.
05/2023
Key words: pregnancy, childbirth, leave due to pregnancy and childbirth, postponement of leave.
05/2023
Abstract. Ensuring the transition of servicepersons from military service to civilian life is one of the main tasks of the state veteran policy. Evolution of public perception of the importance of military service as a type of professional activity in the modern world resulted in improvement of legislation on social rights of military personnel and extension of such rights to discharged military personnel. As Ukraine, is suffering from the military aggression of the Russian Federation, foreign experience of implementing social programs for veterans and their family members, as well as the peculiarities of legislative regulation of respective social support measures, are the subject to special attention. Practice and legislation of states that participated in military conflicts or on whose territories military conflicts took place (the USA, Israel, Great Britain, South Korea, and Japan) are of particular interest.
Key words: social support programs for military personnel, state support for veterans, social protection of veterans, medical protection of veterans, employment of military personnel, housing, housing benefits for veterans.
05/2023
Abstract. The information reference, based on the Report on the results of the activities of regional development agencies in 2022, presents information on the functioning of regional development agencies in Ukraine, created in accordance with the Law of Ukraine «On the Principles of State Regional Policy» dated February 5, 2015 No. 156-VIII, with the specification of measures within their cooperation with local self-government bodies.
Key words: regional policy, regional development agencies, investment attraction, grant projects.
05/2023
Abstract. The results of the analysis of the Draft Law “On Amendments to Certain Legislative Acts of Ukraine on Simplifying the Deployment of High-Speed Electronic Communications Networks in the Reconstruction of Settlements and Adapting the Legislation to the Requirements of EU Directive 2014/61” regarding its compliance with EU legislation in the specified area are presented.
Key words: high-speed Internet, Digital Single Market, electronic communications, generation of mobile networks (4G, 5G), broadband access to the Internet.
05/2023
Abstract. Legal regulation in the field of viticulture and winemaking in Ukraine was analyzed with taking into account the provisions proposed by draft law No. 9139 dated 03.22.2023 "On grapes and viticulture products" and the provisions of European Union law and the legislation of EU member states.
Key words: viticulture, winemaking, geographical indication, wine, flavored wine product.
05/2023