Legal conflict between the EU and the republic of Poland regarding polish judicial reform

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

Killing through negligence and its distinction with other kinds of murder

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

Regulatory relationship on use and environmental protection in the innovative sphere

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.

Legal problems of functioning of the institute of honorary consul in Ukraine

Problem setting. The Institute of Honorary Consul is intended to carry out its activities in order to expand the relations between States in a variety of spheres, as well as to establish, strengthen and maintain ties in the cultural, economic, political spheres. In view of this, we consider the Institute of Honorable Consul an important link in shaping relations between states, because in the process of globalization, this institute becomes more and more popular. However, we cannot but note the existing number of problems associated with the abuse of the Institute of Honorary Consulations and Immunities, therefore this topic needs further research and definition of ways to avoid such violations by representatives of the Institute of Honorary Consulations in Ukraine. Analysis of recent researches and publications. Problems of consular law Explore a number of scientists whose work is the information foundation of this work. In particular, this works Matyash I.B., Sandrovsky K.K., Blushchenko I.P., Krivachikova Y.S., Gumenyuk B.I., Polonyuk N.V., Timchenko L.D. and other. Target of research is to analyze the legal status of the Honorary Consul, to determine the privileges and immunities of the Honorary Consul, to note the volume of privileges and immunities that abuse honorary consuls and provide recommendations to avoid such violations. Article’s main body. This article exposes legal frameworks of functioning of institute of the honoured consul in Ukraine. A historical division into periods of becoming of institute of the honoured consulate is in-process remembered in Ukraine from the moment of founding the Hetman state. Determination of concept is in-process given the honoured consular public servant(honoured consul) according to Viennese Convention “About the consular relations” of 1963 and Order of foreign of Ukraine Ministry “About claim of Statute about the honoured(nonpermanent) consular public servants of the foreign states in Ukraine and consular establishments that is headed such public servants”. Authors light up the process of engaging in the candidate of position of the honoured consul of the foreign state in Ukraine, that includes: idea of query about a consent to setting in Ukraine of the honoured consul of the foreign state, grant of certificate about his person to Ministry of external matters of Ukraine(farther MFA of Ukraine), report of MFA of Ukraine of the accreditor state about made decision by the message of verbal note, delivery of patent the accreditor state about assigning for position, acceptance of patent of MFA of Ukraine, confession of legal status, receipt of exequatur and certification for confirmation of status of the honoured consul. In the article certain requirements are to the candidate on employment of position of the honoured consul in Ukraine, and also his privilege and імунітети, to that belong: right on establishment of free diplomatic зносин; right freely to move and travel for territories of Ukraine; inviolability of consular archive of the honoured consulate is at terms certain Order of MFA of 2007; In the article marked, that privileges and імунітети it it is been the subject of international relations by considerably narrower, than public servants of consulate : they do not have immunity from an arrest and subpoenaing, however to the honoured consul must belong with corresponding respect. By authors the row of legal problems of functioning of institute of the honoured consulate was certain at Ukraine, to that it was taken: abuse of privileges and імунітетами in part of right on carrying on commercial activity next to consular, that it can be used for the receipt of illegal benefit; inviolability of apartments – gives an opportunity to grow into a shield from searches for all building; to practise upon a right on the use of car with diplomatic numbers; to use diplomatic mail and consular suitcase not on purpose Conclusions and prospects for the development. As a result of a significant distribution of the institute of honorary consuls and despite limited, but rather significant privileges and immunities, honorary consuls may successfully implement their business interests. Examples of possible illegal use of the benefits provided in accordance with the legislation are given above. Therefore, in our opinion, in our opinion, it is expedient to exercise control over the movement of these persons and their activities from the BOW of the rights and accomplishments through the use of modern technical methods – the use of GPRS navigation, etc. And in order to facilitate the load on law enforcement agencies to create a Council of Honorary Consulations under the Ministry of Foreign Affairs of Ukraine. And more clearly regulate the legal status of honorary consuls, since recently the tendency to expand the circle of their functional duties and powers. In particular, to provide a separation of business from consular activities to minimize cases of abuse of certificates by its privileges and immunity.

Diplomatic service of the European Union

Problem setting. Today the European Union interacts with the whole world and represents the interests and values of the European community far beyond one continent. Carrying out such activities provides for the existence of effective institutions for its implementation, which today are the European External Action Service and the European Uniondelegations around the world. It significantly differs from the classical manifestations of diplomacy, which determines the relevance of research into the establishment and development of the European Union diplomatic service. Moreover, understanding the process of formation and features of European Union diplomacy is interesting for domestic researchers of European Union law given the pro-European aspirations of Ukraine. Analysis of recent researches and publications. Certain aspects of this topic have been studied by suchdomesticscientistsas F. Baranovsky, M. Hnatyuk, O. Grinenko, O. Gladenko, M. Entin, O. Opanasyuk-Radlinska, E. Ryaboshtan, D. Tkachenko, O. Turchenko, Y.Sergienko, V. Streltsova, G. Utko, O. Fisun, V. Tsivaty, V. Shamraeva, O. Shapovalova, etc. Target of research is to research the basic preconditions and features of the establishment and development of the European Union diplomatic service and its functioning in today’s conditions. Article’s main body. The article is devoted to the study of the main prerequisites and features of the establishment and development of the diplomatic service of the European Union. The authors paid attention to the coverage of the status, competence and procedure for sending the first representations of the Communities abroad, in particular the delegations of the European Commission. The changes made by the Maastricht, Amsterdam and Lisbon treaties on foreign policy are analyzed as well. All the reforms implemented by these treaties were aimed primarily at making the European Union more effective and coordinated in the international arena, and finally resolved the issue of the institutionalization of the body that deals with the European Union diplomatic service. So now it has the status of the European External Action Service and successfully performs its functions in the current conditions. Conclusions and prospects for the development. The modern European Union diplomatic service is the result of a long process of formalization and institutionalization of a whole set of its foreign policy bodies. The development of the European Union representation system shows that the spread of its representative activities has become global, as well as the dynamic transformation of the content of its goals to interact with the world in order to implement its foreign policy. However, despite the current and rapid dynamics of development and evolution of this institution, the question remains whether the European External Action Service is the final option for the external design of the European Union diplomatic service, or whether it will be another step in the process of building pan-European diplomacy.

Retroactivity in international treaty law

Problem setting. Due to the fact that the constitutional norms determine the status of an international treaty, the binding nature of which has been approved by the parliament as part of national legislation, it is important to study the temporal effect of international treaties, namely their retroactivity. In general, the Vienna Convention contains a provision according to which an international treaty has no retroactive effect in respect of the States which are parties to it, except where the intention to give retroactive effect to the treaty follows from the treaty itself or the agreements of its parties. These exceptions to the general rule indicate the non-absoluteness of the latter, so it is appropriate to study the factors that determine the existence of retroactive agreements, as well as controversial and controversial issues that arise in this regard. Analysis of recent researches and publications. Scholars such as S.N. Ivanov, RA Kalamkaryan, M.A. Kapustina, II Lukashuk, OV Pushnyak and others. However, this area needs further study and analysis, given the existence of exceptions to the general provision on the lack of retroactive effect of international agreements. Target of research. Тo consider the conditions under which an international treaty has retroactive effect, to investigate the factors influencing the decision to grant retroactive effect and the issues arising in connection with the retroactivity of international treaties. Article’s main body. This study examines the non-absoluteness of the provision on the absence of retroactive effect of international agreements. Among the reasons that encourage states to anticipate retroactive effect – the interpretive or additional nature of the international agreement or the need to resolve the situation that arose before its conclusion. It should be emphasized that some agreements have retroactive effect by virtue of their object, which provides this retroactive effect, as agreed by the parties, although not explicitly stated in the contract. It is also not uncommon for certain rights and obligations to arise not because of an international treaty that has not yet entered into force, but because of customary norms that are enshrined in it. Conclusions and prospects for the development. The principle of no retroactive effect of an international agreement is not absolute. In each case, the reasons for the application of retroactivity must be decided by a judicial authority in the process of interpreting the contractual obligations. An important role in the possibility of retroactive application of an international treaty is played by its object or the co-existing customary norms of international law and the principles recognized by civilized nations as binding.

Professional development of the employees in the context of innovative alterations of society

Problem setting. In the article the professional development of workers is examined in the context of requirements of time in relation to distribution of innovations. Target of research is to display the inseparable connection between education and manufacturing in the modern conditions of development and to describe the suggestions for the improvement of the Labor legislation of Ukraine in the mean of professional development of the workers as the essential part of the up-to-date innovative processes. Analysis of recent researches and publications. A comparative analysis of the results of research by scientists Braňka J., Kowolik P., Sparreboom T., Staneva A., with the conclusions and suggestions of Ukrainian scientists: N. Inshyn, S. Prilipko, N. Vapnarchuk, O. Yaroshenko and others is carried out. Article’s main body. Attention is accented on the fact, that taking into account fast-moving development of innovations and their introduction faced with the resistance from the side of employees. At the same time the problem of introduction of innovations by a great extent consists of conscious rejection of the validity of the mutual efforts by employers and workers, directed on the professional development of the worker. It is also focused on a legislation about the professional development of workers, which does not give the definition of the concept «professional development», which accordingly draws a different interpretation of this phenomenon in law and rights and duties both workers and employers. The number of consequences were made. Conclusionsand prospects for the development. Firstly, in Ukraine the scientific and educational potential for introduction of the special programs of professional preparation of workers according to the production necessities of employer is provided. For the realization of such a potential it is necessary to attract the government in the process of professional development of workers which is capable to assist the introduction of special programs for preparation as it is the proprietor of basic powerful members of market of educational services. The participation of the government in creating the conditions for professional development of workers will fully answer its obligation as a state-member of International Labor Organization and the realization of co-operation between the government, establishments of education, employers and employees will outline the new vector of the development of the relations of social partnership in Ukraine. Secondly, for the distribution of innovative development of Ukrainian society the state approach needs to be renewed for creating the conditions of effective employment, in particular by changing the obligations of the state in the first part of the second article of the Labor Code of Ukraine, which are related to switchover to the market economy on obligations which are conditioned by the importance of innovative development of Ukraine. Thirdly, the Law of Ukraine «The professional development of workers» needs the conceptual update, in particular in part of fixing of concrete law mechanisms of co-operation between the government, the workers and employers and their associations, in the process of continuous studies of workers for the increase of the level of their professional capabilities.

Legal policy and legal culture

Problem setting. The current stage of world development is characterized by the deepening of the processes of integration of political, economic, cultural life of the world. The term “globalization” has come into wide use as a characteristic of the formation of a single planetary society. Target of research is to highlight the main provisions of the dynamic system of knowledge about the information society, the legal policy of the country as a tool for legal development of modern society. Analysis of resent researches and publications. The issue of correlation between legal policy and legal culture has been analysed by V.D. Zorkin, A.V. Malko, V.A. Zatonsky, I.V. Yakovyuk and others. Articles main body. The article states that the implementation of effective legal policy at the present stage of development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening the rule of law, information society, digital competitive market economy, ensuring human and civil rights and freedoms. It is emphasized that the social dimension of globalization is studied in terms of the possibility of building a global civil society with common values and ideological attitudes, a high level of social mobility, the emergence of global culture and the globalization of public consciousness. The concept of digital society and its principles are analyzed. It is determined that legal policy is a reflection of the fact that the law itself should act as a way of building, arranging the modern world. The connection between legal policy and legal culture is emphasized Conclusions.and prospects for the development. It is concluded that legal policy, which is based on the legal culture of society and the individual, is an effective means of organization, a way of organizing the legal life of society. It is the state that must take on the roles of leader and experimenter, regulator and defender and promoter of digital transformations in Ukraine.

Definition of the concept of «secret diplomacy» and methods of its implementation in international relations

Problem setting. Problems of international relations and foreign policy have always been in the center of public attention of analysts, politicians and journalists. Although secret diplomacy is a highly controversial phenomenon in terms of public morality, it is an effective means of pursuing defense policy, military cooperation and establishing international relations for peace. In practice, secret diplomacy has various forms of implementation, such as holding “closed” conferences, signing secret multilateral agreements, providing covert instructions, and others. Any form of implementation must take into account the fact that the ultimate goal is to achieve the maximum national interest with a minimum of controversy and resentment from others. Analysis of recent researches and publications. Among Ukrainian scholars, D. Kostyuk and D. Kurillo, S. Pik and others. Anthony John Wanis-ST., a professor of the American University’s School of International Service in Washington, D.C., made a significant contribution to the study of secret diplomacy. John, Cornelius Biola, a professor at Oxford University, and Aaron Klieman, a professor at Tel Aviv University. Target of research is to define the concept of secret diplomacy, analyze the main ways of its implementation, as well as explore the features of their functioning in international relations. Article’s main body. The research is devoted to the definition of “secret diplomacy” and analysis of the main ways of its implementation. Peculiarities of the functioning of forms of secret diplomacy in international relations have been studied. Forms of secret diplomacy include “closed” conferences, secret bilateral and tripartite agreements, the provision of secret instructions by states to diplomats, correspondence through closed channels, and non-public diplomacy. The definition of “secret diplomacy” is proposed. Examples of the application of secret diplomacy in practice have been studied. “Secret” conferences are a very effective way to reach agreement on some common issues, they are difficult because of both the organization and the stage: the more participants in the negotiations, the more difficult it is to maintain secrecy and control information leaks. Details of such negotiations are often leaked to the media, causing serious harm to participants. The signing of secret bilateral and tripartite agreements allows countries to significantly expand the range of issues under discussion, including all issues, from cooperation in various sectors of the economy, military cooperation to joint action in the international arena. The practice of giving secret instructions to diplomats is often used: when sending a diplomatic mission, the state provides its members with a number of mandatory secret instructions, as well as coordinates its work during negotiations. Closed channel correspondence, the biggest advantage of which is the small number of people who take part in it, which in turn allows the sender and recipient to keep all correspondence secret, preventing the essence of correspondence from being revealed to third parties. Non-public diplomacy consists of negotiations officially authorized by the leadership of states, which take place between the parties to the conflict in secret from other parties. Conclusions and prospects for the development. Despite the disadvantages, covert diplomacy can create an enabling environment for constructive negotiations by isolating foreign policy figures from public speaking, giving them the highest level of security, informality, autonomy and the ability to “save face” in public. It is not a universal way to solve all problems, but, in our opinion, it is an effective method of resolving protracted conflicts that negatively affect world politics.

Actual issues of the search of housing or other possession of the person

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.