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Abstract. The analytical note considers the provisions of Draft Code of Ukraine on Administrative Misdemeanors (Reg. No. 11386, dated June 28, 2024)
In particular, the compliance of the Draft Code with the provisions of the Constitution of Ukraine, the fundamental principles of law-making activity, the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms and other international legal acts, the decision of the European Court of Human Rights, the relevant Recommendations of the Committee of Ministers of the Council of Europe and the legislative norms of the European Union states is considered, in general modern European standards in the field of proceedings in cases of administrative misdemeanors (offences) and trends in the development of administrative-delict legislation.
Key words: Code of Ukraine on administrative misdemeanors, grounds for its adoption; structure of the Draft Code; administrative misdemeanors, concepts, subjects and general principles of liability for their commission; administrative penalty, their concepts and types; proceedings in cases of administrative misdemeanors; participants in the proceedings; administrative body; consideration and resolution of cases of administrative misdemeanors; administrative act; appeal and execution of an administrative act.
07/2024
Abstract. The parliamentary study analyses the legislative regulation of remote involvement of participants to criminal proceedings during court proceedings via videoconference (the right of access to justice), which is ensured through the functioning of certain subsystems (modules) of the Unified Judicial Information and Telecommunication System in courts and judicial authorities. In studying this issue, the position of the European Court of Human Rights, set out in its judgments on holding court hearings via videoconference, was also taken into account. In particular, the experience of court proceedings in similar cases in a number of European countries was summarised. The study analyses the constitutional and legal framework of the modern Ukrainian Bar as an independent civil society institution founded on the basis of non-state professional self-government and self-regulation advocacy profession, examines the legal grounds for the participation of an attorney in the formation of professional bar self-government bodies, the rights and obligations of an attorney regarding their membership in the Ukrainian National Bar Association, and also considers certain legal aspects of maintaining the Unified Register of Attorneys of Ukraine.
Key words: criminal proceedings, access to justice, right to defence, videoconference, court proceedings, restriction of rights, bar, bar self-government, Unified Register of Advocates of Ukraine.
07/2024
Abstract. The analytical note analyses the provisions of the Draft Law of Ukraine «On amendments to the Section XIX of the Criminal Code of Ukraine regarding the liability for irretrievable loss of personnel and/or destruction of military equipment or other military property and investigation of similar facts» (Reg. No. 11382, dated June 26, 2024), considers the issue of establishing criminal liability for significant irretrievable losses of personnel, military equipment and military property by supplementing the Criminal Code of Ukraine with articles 426-2 and 426-3. Based on the results of the analysis, the risks of the Draft Law are determined.
Key words: criminal liability, irretrievable losses, personnel, military personnel, military equipment, military property, special period.
07/2024
Abstract. The analytical note considers the provisions of the Draft Law of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine regarding the improvement of the efficiency of plea agreements» (No. 11340, dated June 14, 2024), as well as alternative Draft Laws of Ukraine (No. 11340-1, dated July 01, 2024 and No. 11340-2, dated July 01, 2024). In particular, the compliance of draft laws with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal procedural legislation of Ukraine and the practice of the European Court of Human Rights in the field of criminal justice is considered.
Based on the results of the research, risks are identified that may further impede the proper implementation of the draft laws in the course of law enforcement activities and the achievement of their stated objectives, which are aimed at improving national legislation on the legal regulation of the grounds and procedure for concluding plea agreements in criminal proceedings concerning corruption and corruption-related criminal offences.
Key words: criminal proceedings, pre-trial investigation, court proceedings, corruption criminal offenses, grave and especially grave crimes, plea agreement, terms of concluding and approving a plea agreement, court verdict, sentencing, fine, imprisonment, release from serving punishment.
07/2024
Abstract. The Concept presents the priority areas of legislative regulation of the procedure for forming and implementing the national cultural policy of Ukraine in the postwar period within the framework of the European integration course. Attention is focused on improving the organizational and legal framework of the policy of national memory, book publishing, national cultural heritage and the activities of the basic network of cultural institutions. The problems of updating the legislation in the state cultural segment and non-state cultural institutions, raising the level of legal guarantees for every citizen of Ukraine to exercise their rights in the field of culture are identified.
Key words: cultural policy models,
cultural heritage, national identity, European cultural space, cultural
institutions, book publishing.
07/2024
Abstract. The Review dossier presents the results of a review of the legislative regulation of child support for adult children who continue their studies in certain European Union Member States. The author emphasizes the peculiarities of maintenance of an adult child continuing their studies and the ways of collecting alimony in the states: Latvia, Lithuania, Estonia, Sweden, Denmark, and Poland.
Key words: alimony, recovery of alimony, child who has reached the age of majority, parents, interests of the child, child maintenance, financial assistance, continuation of education, court, family court, agreement.
07/2024
Abstract. The analytical note contains the results of a comparative study of the legislation of the Group of Seven (G7) member states and the European Union on the regulation of multiple citizenship. The ways of legislative regulation of dual citizenship are highlighted. The difference between dual and second citizenship is indicated. The grounds for the emergence of bipatriotism are systematized. The author analyzes the normative provisions on citizenship in the legislation of the USA, Canada, Japan, Great Britain, France, Italy, Germany, Lithuania, Latvia, Estonia, Moldova, Montenegro. The differences in the legal regulation of the status of bipatriots are identified.
Key words: citizenship, multiple citizenship, international migration, bipatriots, dual citizenship, status of bipatriots.
07/2024
Abstract. The Dossier summarises the results of the analysis of the experience of foreign states (Germany, Estonia, Australia, Canada) in taxation of income received by individuals involved in the sharing economy. The main trends in the sharing economy (sharing economy) both in the world in general and in the EU in particular are outlined. The author analyses the initiatives of the European Commission on the sharing economy, which, firstly, are designed to ensure the adoption of legislation and eliminate regulatory gaps in the field of economic competition and tax legislation, and, secondly, to prevent tax fraud and update the VAT rules in accordance with the needs of the digital age.
Key
words: sharing economy,
sharing economy, personal income taxation, independent professional activity,
online platform, carsharing, ridesharing.
07/2024
Abstract. The information note provides an overview of international documents and EU acts on public participation in the formulation and implementation of climate policy, as well as legal regulation of these issues in the EU Member States (on the example of Estonia, the Netherlands, France, and Finland).
Key words: climate policy, environmental protection, public participation, European Union.
07/2024
Abstract. The Information note presents the results of the analysis of the procedure for applying for a survivor's pension from among military personnel and persons whose pension provision is provided for by the Law of Ukraine «On pension provision for persons discharged from military service and certain other persons». The author defines the grounds and conditions for the right to a survivor's pension, which affect the specifics of the application procedure. The author emphasizes the need to improve the legislative regulation of the procedure for military family members to apply for a survivor's pension.
Key words: social protection, pension, loss of breadwinner, dependents, Pension Fund of Ukraine, e-services portal.
07/2024