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- Analytical periodicals
Abstract. Based on the overview analysis of the experience of the EU Member States regarding the implementation of the provisions of the General Data Protection Regulation (GDPR) in terms of compliance with the requirements for reconciling the right to personal data protection with the right to freedom of opinion and information (Article 85 of the GDPR), the approaches to legislative solution at the national level of the issue of ensuring a balance between the freedom of media activity and the fundamental right to privacy were summarised, and the peculiarities of legislative practice of individual States were determined.
Key words: personal data protection, the right to freedom of expression and freedom of information, implementation, alignment.
07/2024
Abstract. The Information note analyzes the experience of European states regarding the application of fines for violating the requirements of the EU General Data Protection Regulation (GDPR), in particular in the context of the size of such fines.
Key words: fine, GDPR Regulation, personal data, data protection, privacy, European Union.
07/2024
Abstract. The Analytical note presents the results of a study of the European experience of restoring cultural infrastructure damaged as a result of armed conflicts, in particular in Germany, Poland and Croatia. Attention is focused on the legal, administrative and financial measures used to restore cultural infrastructure, including cultural heritage, damaged as a result of armed conflicts.
The Analytical note does not provide a comparative analysis with the legislation of Ukraine. The request author identified the need for foreign experience.
Key words: cultural property, cultural heritage, destruction, restoration, sources of funding.
06/2024
Abstract. The parliamentary research presents the results of the analysis of the expediency of creating a wartime (military) police and a specialized wartime (military) prosecutor's office in view of the provisions of draft laws (No. 11306, 11307) devoted to these issues. The purpose of the draft laws is the formation of a comprehensive system of military justice in Ukraine, taking into account the best foreign practices. The proposed amendments to the military police and the specialized military prosecutor's office were analyzed in the context of comparison with other draft laws in this area.
Key words: wartime police, military police, specialized wartime prosecutor's office, military prosecutor's office, military justice, criminal proceedings.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Procedure Code of Ukraine in connection with the creation and strengthening of the independence of the Military Police of Ukraine and the Specialized Military Prosecutor's Office» (Reg. No. 11307, dated 29.05.2024); on the subject of the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity and the norms of the current legislation of Ukraine and the practice of the European Court of Human Rights in the field of criminal justice, as well as the presence of risks, may prevent the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it.
Key words: criminal proceedings, military justice, military police, specialized military prosecutor's office, martial law, war crimes, interests of military personnel.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to some legislative acts of Ukraine regarding the creation and strengthening of the independence of the Military Police of Ukraine and the Specialized Military Prosecutor's Office» (Reg. No. 11306, dated 29.05.2024). The compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity and the norms of the current legislation of Ukraine, the practice of the European Court of Human Rights in the field of criminal justice is considered; the presence of risks that may prevent the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it.
Key words: military justice, Military Police, Specialized Military Prosecutor's Office, Military Law and Order Service, Armed Forces, defense sphere, interests of military servicemen.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and other legislative acts of Ukraine regarding the improvement of criminal liability for crimes against the established order of military service during martial law» (Reg. No. 11322, dated 06.06.2024); the conformity of the proposed grounds for exempting a person from liability for criminal offenses provided for by Articles 407, 408 of the Criminal Code of Ukraine, the requirements of the Constitution of Ukraine, the fundamental principles of law-making activities and the norms of the current legislation of Ukraine is considered. According to the results of the analysis, risks are established that may further impede the proper implementation of the bill during law enforcement activities.
Key words: criminal offenses, exemption from liability, military service, martial law, desertion.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Law of Ukraine «On amendments to the Code of Ukraine on administrative offenses and other legislative acts regarding the prohibition of profanity in advertising»; issues of establishing a ban on the use of profanity in advertising, which contains abusive, vulgar, obscene or other profanity; the directions of strengthening the administrative responsibility of perpetrators for violating the requirements established by law to prohibit the placement in advertising of information containing profanity. According to the results of the analysis, the risks of the submitted bill are studied.
Key words: advertising information, profanity, obscene words, expressions and expressions, administrative liability.
06/2024
Abstract. The analytical note examines the concept and legal status of cadets as subjects of the educational process in military educational institutions operating in NATO member states (the legislation of eight states is analyzed: Great Britain, Germany, France, Italy, Poland, Estonia, Latvia, Lithuania). The normative requirements and principles of the implementation of the educational process with the participation of cadets, the conditions of their financial support, the procedural issues of acquiring basic military education, the formation of relevant knowledge, skills, and competencies have been determined. The organizational and legal foundations of the state policy of training military professional personnel are considered, the components of the military education system, the specifics of the activities of military educational institutions are determined. Common features and national differences during training of cadets, conditions of their material and economic support as military personnel were revealed.
Key words: national defense policy, higher military education, military educational institutions, educational and qualification level, cadets, training, training of professional officers, state order, armed forces, NATO standards.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to Article 91 of the Code of Ukraine on administrative offenses regarding strengthening administrative responsibility for violation of the rules of protection and use of territories and objects of the nature reserve fund» (Reg. No. 11309, dated 31.05.2024). In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity and the norms of the current legislation of Ukraine regarding responsibility for offenses in the field of nature protection and use of natural resources is considered.
Based on the results of the research, risks are identified that may in the future hinder the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it, which relates to the legislative provision of preservation of territories and objects of the nature reserve fund, prevention of violations of the rules of protection and use of these territories and objects.
Key words: The Code of Ukraine on administrative offenses, strengthening of administrative responsibility, imposition of fines, rules of protection and use of territories and objects of the nature reserve fund.
06/2024