PARTICULAR ASPECTS OF THE NECESSITY OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN UKRAINE

The purpose of the study was to demonstrate particular legal and objective reasons for necessity and expediency of legal regulation advancement, development and usage of Artificial Intelligence (AI) in Ukraine. Chapter 1 «Understanding of Artificial Intelligence» gives examples of AI applications, doctrinal and diverse legal definitions of AI. Chapter 2 «Necessity and Expediency of legal regulation of Artificial Intelligence in Ukraine» shows the necessity of legal regulation, exemplifies the gaps in current legislation. This Chapter demonstrates that it is paramount to establish protection of IP rights within AI legal relationships in Ukraine. Also, Chapter 2 analyzes particular issues in AI and national, international and social security, questions of data protection. Chapter 3 «Conclusion» demonstrates that absence of specific AI regulation could potentially lead to numerous problems in public/private sectors, for economics, businesses, civilians. Key words: Artificial Intelligence (AI), legal regulation of AI, intellectual property (IP) protection, national security, protection of human rights and freedoms, data protection.

ON THE ISSUE OF THE BLANKET METHOD OF CONSTRUCTING CRIMINAL LAW PROHIBITIONS (BASED ON PROVISIONS OF SECTION VII OF THE SPECIAL PART OF THE CRIMINAL CODE OF UKRAINE)

The article examines the blanket method for describing dispositions of criminal law prohibitions, in particular, the norms of Section VII of the Special Part of the Criminal Code of Ukraine. It has been established that when using blanket dispositions, the content of a criminal act is determined both by the law on criminal liability and by the norms of other branches of law; at the same time, such dispositions do not replace criminal law provisions, while performing in such cases auxiliary, clarifying function. It is determined that the blanket way of describing economic articles of criminal legislation is due to the special meaning of a criminal prohibition, which protects the economy as a regulator of relations by non-criminal legal acts. In the norms of the Criminal Code of Ukraine on economic crimes considered in the article, the domestic legislator pragmatically concretized the semantic links between the norm of the criminal and special regulatory law, which should be taken positively. It was established that in this way, firstly, the limits of the volume of unlawful behavior are clearly established, beyond which the representatives of law enforcement practice are strictly prohibited from going out during the criminal-legal assessment of the deed. At the same time, here, to a certain extent, the work of the law enforcement officer is facilitated, since normative acts of a non-criminal direction have been concretized, which should be relied upon in the investigation and further judicial proceedings. Secondly, such a normatively specific approach to the construction of criminal law prohibitions obviously contributes to the unification and simplification of approaches to socially dangerous acts in the economic sphere. It shows that the state does not need numerous laws and regulations, which are textually, chronologically and legally distorted. It has been established defined that the reform of the object and system of norms on crimes against the order of economic activity should have as its main task the careful development of specific criminal law norms in order to create the cross-sectoral mechanism of legal regulation. Key words: blanket disposition, economic crime, legal act, disposition, regulatory law.

Features of regulation of accounting of intangible assets in research institutions

The normative regulation and problems of accounting of intangible assets in scientific institutions are considered. It is noted the introduction of modern accounting regulation in budgetary institutions only in 2015, which led to differences in the accounting of NA in scientific institutions. The practice of accounting for intangible assets (IA) in budgetary institutions indicates the need to improve regulations. The purpose of the article is to consider the example of scientific institutions of the NAS of Ukraine regulatory regulation of accounting for intangible assets and issues of its improvement. It is emphasized that the accounting of NA in scientific institutions is essential for the commercialization of intellectual property rights, while the main difficulties in the introduction of accounting for intangible assets for scientific institutions were associated with the lack of modern budget regulations for accounting. The main stages of implementation of accounting of intangible assets in scientific institutions are given. It is important to amend the Methodological Recommendations on Accounting of NA and NPBO 122 regarding the definition of the concept of «use» of intangible assets, as well as the costs to be taken into account when determining the value of NA created in the institution. The issue of accounting for research and development reports is problematic. The terminology used in the regulations also needs to be clarified. Key words: intangible assets, valuation of IP, research institutions, accounting.

The concept of «system of providing administrative services» and its essence

It is important to understand that scientists have analyzed and substantiated in detail the theoretical and practical principles and features of the system of providing administrative services, but the very definition of this concept has not been formed, which confirms the relevance of the chosen topic. Therefore, the authors of this article, based on theoretical principles of the system of providing administrative services, regulatory, practical and other features of its operation, formed a definition of «system of providing administrative services» and defined its essence. The authors, first, emphasize that for an independent Ukraine, the development of the system of providing administrative services has become one of those areas that has helped to move away from the command-administrative system of government. Secondly, the article briefly describes how the system of providing administrative services was formed. Third, the authors pay special attention to the categories and criteria that are part of the system of administrative services, which helped to form the definition of «system of providing administrative services». Fourth, two models for the providing administrative services identified by scientific practice are considered. The process-oriented model should be taken as the basis of the entire system of providing and receiving administrative services. Fifth, the authors point out that relations in this system are built on the basis of equality, and the system itself corresponds to the general system of the service state, being part of it and reproducing it in miniature. It emphasizes the essence of the system of providing administrative services. The work of this system is aimed at the citizen, at the demands of society to the state. Thus, alternately researching each of the selected components, the authors formed their own definition of «system of providing administrative services», focusing on the categories and essence of this system. Key words: the system of providing administrative services, process-oriented model, service state, regulatory framework, mechanism of administrative services, administrative services.

Issues of the theory of international humanitarian law in the context of integration and globalization

The article discusses topical issues of the formation and further development of the theory of international humanitarian law. Explored the basic concepts of this area of humanitarian public law. For the first time, international humanitarian law is defined as a set of conventional and customary international legal norms that govern the law of armed conflict and human rights law. The processes of globalization of modern international relations, characterized by increasing influence of leading international organizations and crises in individual states, objectively affect the renewal and further development of the theory of international humanitarian law as one of the rapidly developing branches of public international law. New conceptual approaches to the modern definition of international humanitarian law, its philosophy and legal nature require a rethinking of scientific views as classics of international law, including the founder of the theory of natural law and modern science of international law Hugo Grotius, researcher of state interests in «just war» Thomas Hobbes and the founder of the «social contract», the sentimentalist Jean-Jacques Rousseau, and the views of such prominent scholars as Immanuel Kant, Fedor Martens and Jean Pictet. Given the normative definition, «the law of armed conflict» and «the law of human rights» are two independent legal systems within the framework of international humanitarian law, which operate mainly in different periods: during armed conflicts or in peacetime, respectively. These legal systems, although closely interlinked within the framework of international humanitarian law, are still independent and relatively independent of each other, as they have features in the sources and mechanisms of implementation and control over compliance with their norms and principles. Key words: theory of international humanitarian law, international relations, state, international organization, international court.

Оwnership as a legal category

The article is devoted to the analysis of ownership in Ukraine. Features of ownership as a legal category that is inherent in real and compulsory relations are investigated. The legal aspects of ownership used to characterize the acquisition period are clarified. The legal consequences of actual domination of a thing are described. Thus, ownership in civil law is considered as the subjective right of the owner and as a separate real right to own someone else’s property. In civil law, ownership is considered as a subjective right of the owner or other persons, and not as an object of subjective rights. The actual content of a thing without a legal basis should not be identified with the right of ownership in the legal aspect. The stay of the find in fact with a person who has found a thing for six months while the unknown owner of it should not be interpreted as a right of ownership, since in the Civil Code of Ukraine the right of ownership is considered among the types of real rights to someone else’s property. The latter in turn arise on the basis of the will of the owner or the law, and in the case of a dispute — on the basis of a court decision. The positions on the protection of the right of ownership over acquisition time in the judicial procedure are justified. Real ownership is one of the oldest known under Roman law. It covered two aspects: the independent type of property rights and one of the powers that constitute ownership. Since the time of Roman law, attention has been focused on the absolute nature of ownership in the form of domination of things. Dominance can be seen in the factual and legal aspects. The establishment by the courts of the fact of bona fide possession of a thing for a period determined by law can be carried out in a separate proceeding. But it cannot recognize the ownership of a thing in order to consider cases of separate fact-finding proceedings of legal importance. Key words: right of possession, property right, rights, acquisitive prescription.

The state of Ukraine as a subject of civil liability for losses caused to entrepreneurs during the Ukrainian Anti-Terrorist Operation/Joint Forces Operation (analysis of current legislation and practice)

In order to repel external aggression and stabilize the economic and socio-political situation in the country in 2014, the legal regime of the anti-terrorist operation (ATO) was enacted. Subsequently, the Anti-Terrorist Operation in Eastern Ukraine in April 2018 was renamed the Expanded Anti-Terrorist Operation within the Joint Forces (JFO) Operation. The issue of the responsibility of Ukraine for the damage caused to businesses by public authorities or their officials during the ATO/JFO has become relevant. Today in this above mentioned area there are serious deficiencies of the regulatory and legal support, as well as practical implementation, which complicates the mechanisms of compensation to entrepreneurs affected by the ATO/JFO. The paper shows the results of research on the compensation for damage caused to entrepreneurs by the state of Ukraine during the hostilities and/or other measures related to the law enforcement, as well as the defense of subjective civil rights of the participants in civil relations. The provisions of articles 1166 and 1167 of the Civil Code of Ukraine are analyzed in determination of grounds for liability and other provisions of paragraph 1, chapter 82 of the Civil Code of Ukraine depending on the circumstances under which the damage was caused. The civil liability of military servants during the service and combat missions is discussed and considered. It is proved that the structural subdivision of the Military Forces of Ukraine is responsible for causing damages during the service and combat missions. The particular attention is paid to the consideration of the practice of application of the current legislation of Ukraine in the area of compensation for damage caused by Ukraine to entrepreneurs. As a result of the study, the following conclusions were made. Under present conditions, the responsibility of Ukraine for damage caused to entrepreneurs by the delict of public authorities or their officials remains clearly unresolved at the regulatory level. The need to supplement the articles 1173 and 1174 of the Civil Code of Ukraine by the provision that clearly defines that the damage is reimbursed by the state of Ukraine is claimed. Key words: rights, guarantee, legal liability, institute of responsibility, reparation, state.

Universal jurisdiction in the activities of international criminal courts

The article presents an analysis of the principle of universal jurisdiction as an important legal institution of international criminal justice. Analyzed the main international legal norms and judicial practice in this area. The directions of further development of universal jurisdiction have been determined. Analyzed the Princeton Principlesof the universal jurisdiction. Investigated the work of the UN International Law Commission and the UN General Assembly on this issue. Proposals for the improvement of international and national legal acts are presented. Universal jurisdiction or the principle of universality in the fight against international crime is an important legal institution in the activities of both national and international criminal courts. As with any international offense, the obligation to stop international crimes such as aggression, genocide, crimes against humanity, war crimes and crimes of international terrorism take the form of an alternative to aut dedere aut judicare or aut prosegue by Hugo Grotius, and under which any State has an obligation to search for and prosecute international criminals for these heinous acts, regardless of the nationality of the perpetrators and their victims, as well as the place where the crime was committed, or to extradite international criminals to any State that requires their extradition for prosecution and punishment, or to an international criminal tribunal. Thus, a state is obliged to exercise universal criminal jurisdiction over international crimes and international criminals, or to extradite them to another state or to an international criminal court under conditions determined by international law and national law. Key words: universal jurisdiction, International criminal court, international crime, state sovereignty.

Powers of government agencies in ensuring the security of the state and directions of their improvement

The paper considers and systematizes the powers of the Verkhovna Rada of Ukraine, the President of Ukraine, the National Security Council of Ukraine, the Cabinet of Ministers of Ukraine, local authorities and the judiciary in modern conditions and attempts to improve them by systematizing legislation in the political, military, economic and judicial spheres. It is determined that the security of the state in the modern conditions of development of Ukrainian society is ensured not only by the Security Service of Ukraine, as stated in the legislation, but also by other authorities and management on which it directly depends: Verkhovna Rada, President, National Security and Defense Council, Ministry of Internal Affairs, Ministry of Economic Development, Trade and Agriculture of Ukraine; Ministry of Energy and Environmental Protection of Ukraine; Ministry of Foreign Affairs of Ukraine; Ministry of Finance of Ukraine; Ministry of Justice of Ukraine; State Tax Service of Ukraine; State Service of Ukraine for Ethnopolitics and Freedom of Conscience; State Customs Service of Ukraine; State Service of Geology and Subsoil of Ukraine; State Service of Ukraine for Emergencies; State Financial Monitoring Service of Ukraine; State Export Control Service of Ukraine; The State Fiscal Service of Ukraine and almost all other state institutions. However, their activities in this direction have their own specific features that need to be identified and enshrined in law. Key words: powers, Verkhovna Rada of Ukraine, President of Ukraine, National Security Council of Ukraine, Cabinet of Ministers of Ukraine, local authorities and judicial bodies, Constitution of Ukraine, Law of Ukraine «On the National Security and Defense Council of Ukraine».

Comparative analysis of quantitative indicators of Polish Constitutions

The process of development of Polish constitutionalism is considered in the work. The first legal act, which had the features of the Constitution were the Articles of King Henry of Valois. The reason for preparing this document was the need to conclude an agreement between the heir to the French throne and the Polish nobility, who wanted to preserve their rights and freedoms. The content of this document was influenced by the Great Charter of Freedoms «Magna Garta» of 1215, which reflected the mechanism of limiting state power through the establishment of material and procedural requirements for its implementation. In order to conduct a comparative analysis of the Constitutions adopted in Poland, the method of quantitative indicators proposed by O. L. Kopylenko and B. V. Kindyuk was used, which calculated the number of signs in different articles, chapters, sections, parts of regulations. According to this methodology, the Articles focused on the work of the Seimas – 17%, military issues – 6.7%, the judiciary – 5.6%. In jurisprudence, it is common to distinguish four main stages of the formation of constitutionalism: I generation – the end of the XVIII century. — the beginning of the XIX century; II generation — the period after the First World War; III generation — the stage after the end of the Second World War; Generation IV – the time after the collapse of the USSR. Based on this classification, the Polish Constitutions belong to the first generation: the Constitution of May 3, 1791; Constitution of the Duchy of Warsaw of 1807; Constitution of the Kingdom of Poland in 1815. The Constitutions of the first generation include: the Constitution of May 3, 1791; Constitution of 1807; Constitution of the Kingdom of Poland in 1815. The constitutions of the second generation were adopted in the period after the end of the First World War, they reflected the processes of democratization of social and democratic life of countries and enshrined a significant amount of socio-economic human rights. Based on this classification, this group includes: the Constitution of the Polish People’s Republic of 1919; Constitution of the Republic of Poland of 1921; Constitution of the Republic of Poland of 1935. The constitutions of the third generation were adopted in the period after the end of the Second World War, and their content reflected the doctrine of the liberal model. Formally, this group included the Constitution of the Polish People’s Republic of 1952, but it was adopted during the Soviet occupation and introduced the Stalinist model of constitutional relations in the country. Generations of the IV generation were adopted after the collapse of the Soviet empire and reflected a new stage of state formation. In Poland, such a constitutional act was the 1997 Constitution of the Republic of Poland, which was to ensure the transition from a socialist model to a market democratic state governed by the rule of law, the stabilization of national statehood and the proclamation of accession to the European Union. The next stage of the study is a comparative analysis of the quantitative indicators of the Polish Constitutions, which showed that the total number of signs during this historical period varied from the minimum in the Articles of Heinrich Valois — 14 640 zn. to the maximum — 89 524 zn. in the Constitution of the Republic of Poland in 1997. An important indicator of the structure of constitutional acts is the number of articles (articles), which varied in a fairly wide range from 12 in the Constitution of 1791 to 243 in the Constitution of the Republic of Poland in 1997. Key words: Polish constitutionalism, quantitative indicators, comparative analysis, Articles by Heinrich Valois, total number of characters.