Antitrust Compliance in the Pharmaceutical Industry: Problems and Prospects of Implementation

The article examines the background of legislative consolidation and the main problems of the introduction by pharmaceutical companies of a new legal institution for the prevention of violations of antimonopoly legislation — antimonopoly compliance, introduced by Federal Law No. 33-FL of March 1, 2020.The definition of the concept and a brief description of the current state and trends in the development of the pharmaceutical industry in connection with the relations of competition are given.The necessity of introducing antimonopoly compliance by pharmaceutical companies as a relatively independent part of pharmaceutical compliance as the most general (universal) tool for self-prevention of any offenses by the company itself and all its employees in connection with official activities is substantiated.The main antimonopoly risks associated with the implementation of pharmaceutical companies’ economic activities are named. Typical examples of violations of antimonopoly legislation by pharmaceutical companies are considered.The results of a sample survey of pharmaceutical industry representatives conducted by the author on their attitude to the introduction of antimonopoly compliance are presented.Proposals have been formulated to amend the Code of Administrative Offences of the Russian Federation in order to create additional incentives for the implementation of antimonopoly compliance.

Refund of gminas' revenues lost due to statutory reductions in local taxes and charges

Currently, in Poland, there is a system of reimbursement of lost income, which is internally diversified. The legal institution of general subvention is used to some extent, as well as other ways of reimbursing lost income due to tax exemptions introduced by the legislator.

The right to property and the right of trust property (on the way to recodification of the civil legislation of Ukraine)

The article examines the socio-economic background of the introduction of trust and other trust-like structures in the legislation of Ukraine. As a result of considering the history of the origin of the institution of trust and a systematic analysis of the provisions of domestic civil legislation, reasoned conclusions were formulated on the issues studied. The given short historical retrospective of attempts to introduce trust property and trust-like constructions into the legislation of Ukraine allows to state that they almost always led to "unworthy", negative social, financial and economic results. The question of the purpose of ignoring one's own negative experience of implementing trust-like structures in the domestic civil legislation is reasonable. Isn't it better, remembering the functions of the science of civil law, to draw the right conclusions from this experience and rely on them in their further law-making activities?! The article draws attention to the experience of using the construction of trust and trust property in the Anglo-American legal system (which, unlike ours, is calculated for centuries), and establishes that this legal institution in addition to legitimate purposes (which are charity, preservation of property from waste, formation of pension funds, etc.), is extremely popular as a means of achieving illegal and negative social results (for example, such as tax evasion, abuse of tax rates, concealment of property and income, legalization of property obtained as a result of committing crime, concealment of illegal funding of political parties and their leaders, etc.). It is obvious that the blind borrowing of someone else for the domestic legal system and the archaic institution of trust property will lead to the penetration into our legal reality of all its inherent shortcomings. Law is a regulator of social relations (and economic in particular). In this case, public relations are primary, and law - secondary. Only those civil law institutions properly perform the regulatory function that determines their existence, which are in demand throughout the history of economic relations and necessary for society as a prerequisite for its normal existence and development. If social relations have not developed, then is there a need to create "artificial" legal institutions or to borrow legal structures generated in the bosom of other legal systems to regulate relations that have developed in the age of feudalism?! These circumstances must be taken into account in any attempts to improve the acts of civil law, and in recodification, including. The question of the sufficiency (or insufficiency) of the socio-economic base for the introduction of the institution of trust in Ukraine should be categorized as rhetorical. Trust construction is just a legal tool. And the result of its application will depend on the quality of regulatory "material" proposed by the legislator (and he, in turn, representatives of the doctrine of civil law), on establishing the place of this legal institution in the civil law system, and creating legal barriers that minimize it use to achieve a socially negative effect.

What Is Not Well Started by the Creditor, Can End Nicely For the Debtor in the Enforcement Appeal

Capricious can prove to be the paths of the forced execution procedure especially when, from the premise situation of a creditor who starts a seemingly valid enforcement procedure, it quickly reaches an outcome opposed to the one he wanted, consisting in canceling the enforcement itself. The passage of time must keep alive the creditor's desire to see his right, recognized by the enforceable title, realised, and in some extreme situations, it must even impel him to act. Losing the notion of time, the creditor also loses the certainty that his wish will be fulfilled, and will assume, as a consequence, the risks supposed by such a procedural attitude. Speaking of the element „time” and placing this element on the legal stage, we are actually talking about the statute of limitations of the creditor's right to obtain forced execution. The present study aims to make a brief presentation of some aspects of practical interest regarding this legal institution - sufficiently effervescent, but which has been and still remains an useful tool for vigilant debtors - by reference to court solutions too.

Temporary application of international treaties: legal aspects

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

The patient's order as a separate manifestation of his will

The article analyzes the issues of the patient's will in medical relations, it is proved that it is due to the expression of will to the proposed treatment (consent or refusal) that the patient is a full active participant in this relationship. However, his inability to express his will, temporary or irreversible, caused by the development of the disease, the peculiarity of its course may be an obstacle to determining his real desire for future treatment, medical intervention and jeopardize the violation or inability to exercise the patient's right to consent or refuse medical intervention. To avoid this, there is a certain legal institution in the legislation of a number of countries around the world, through which it is possible to plan your treatment in advance, to refuse it, in case of inability to do so in the future. In some legal systems, this institution has different names - "wishes made earlier", "medical will", "patient's will", "power of attorney to make decisions on health care", "patient orders" and so on. The paper analyzes the content of this institute, considers the views of scholars on it, made a comparative analysis with the legal construction of the "testament" and concluded that there are significant differences between these constructions, which makes it impossible, from the author's point of view, to call this will "testament". . It is proposed to consider such a will as one of the patient's rights - "patient order", which is made in writing by an adult - the patient, regardless of the type and stage of the disease in case of possible future inability to consent to medical examination, intervention or treatment. The patient has at his disposal not only his will for the future (list of medical procedures that are allowed to be performed in relation to his health, which are not), but also the case when it can be used (for example, coma, autonomic state). It is impossible to conclude it through a representative, because in this case the will of the patient is unknown. This order is executed by proxies (relatives, close persons, representatives, doctors, etc.). Despite the fact that in Ukraine today this legal institution is absent, the main directions of recoding of civil legislation indicate the possibility of its appearance in the updated legislation

Przywilej dla kredytobiorców w postaci tzw. Wakacji kredytowych w okresie pandemii koronawirusa (COVID-19) – wybrane zagadnienia

The “Credit Holidays ”is quite an interesting institution that has been regulated by law. In the period of the spread of the COVID-19 pandemic, bearing in mind the difficulties in repaying liabilities to banks, initially on the part of the Polish Bank Association and the banks themselves, there were proposals to postpone repayment of principal and interest instalments or principal instalments. In this way, “non-statutory credit holidays” were created, and it was up to the lender and the borrower to specify the necessary contractual changes. As part of the so-called “anti-crisis shields” have been introduced into the legal system. First, the interference of the legislator provides for the possibility of postponing the repayment of credit obligations to entrepreneurs. These regulations introduced the possibility, not the obligation, of applying the “credit holidays” to the bank’s customer. However, it was an effective and desired instrument to help entrepreneurs. Under the so-called “Anti-crisis Shield 4.0”, obligatory “statutory credit holidays” aimed at consumers were introduced. The adopted legal regulations indeed cause some interpretation problems, but undoubtedly this legal institution will be a permanent element of the Polish banking system.

The "Environmental Lawsuit" as an Instrument of Preventive Protection of the Constitutional Right to Healthy Environment in the Law of the Republic of Serbia

A lot of attention has been paid to the environment and its protection in Serbian legislation. The right to healthy environment is guaranteed by the Constitution, and in the last two decades numerous laws have been passed regulating various aspects of the environment in order to ensure its protection. The subject of the paper is the claim to eliminate the danger of damage, stipulated by the Law on Obligations from 1978. From the enactment of the law, this legal institution has been considered as a means suitable for providing preventive environmental protection, which is why it is often called an “environmental lawsuit” in Serbian legal theory.

DEVELOPMENT OF THE INSTITUTION OF LEGAL REGULATION OF AGRARIAN ENTREPRENEURSHIP

The author notes that modern agricultural production has the character of specific entrepreneurial activity in special conditions, with a unique membership, whose activities are regulated by special legislation, which is structurally an institution of agrarian legislation. The author believes that the new agribusiness relations will be followed by the formation of a new specific legal institution of agrarian law - the institution of legal regulation of agrarian entrepreneurship with its own subject, principles, methods and content of statutory acts aimed to ensure the efficiency of commercial agricultural production under new and constantly changing conditions, as well as food and environmental security of the State.

Struggles for Belonging

Citizenship was the mark of political belonging in Europe in the twentieth century, while estate, religion, party, class, and nation lost political significance in the century of extremes. This thesis is demonstrated by examining the legal institution of citizenship with its deciding influence on the limits of a political community in terms of inclusion and exclusion. Citizenship determines a person’s protection, equality, and freedom and thus his or her chances in life and survival. This book recounts the history of citizenship in Europe as the history of European statehood in the twentieth and early twenty-first centuries, doing so from three vantage points: as the development of a legal institution crucial to European constitutionalism; as a measure of an individual’s opportunities for self-fulfilment ranging from freedom to totalitarian subjugation; and as a succession of alternating, often sharply divergent, political regimes, considered from the perspective of their inclusivity and exclusivity, and their justification. The European history of citizenship is discussed for six selected countries: Great Britain, France, Germany, Czechoslovakia, Poland, and Russia. For the first time, a joint history of citizenship in Western and Eastern Europe is told here, from the heyday of the nation-state to our present day, which is marked by the crises of the European Union. It is the history of a central legal institution that significantly represents and at the same time determines struggles over migration, integration, and belonging. One of the central concerns of this book is the lessons that can be learned from it regarding the future chances of European citizenship.