International Journal of Public Law and Policy

Bilousov, Yurii; Dolinska, Anna; Hetmantseva, Nina; Mytrytska, Hanna; Nahnybida, Volodymyr

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124421

The study investigates the specific features of applying some remedies for the civil rights of internet users. Comparative, qualitative, and doctrinal research methods were used. The authors point out that often, the very method of entering into a transaction on internet platforms may indicate the possibility of further voidability. The study investigates such a remedy as restoring the situation that existed prior to the violation of the right. In this regard, an opinion is proposed for protecting the rights of internet users, the renewal of the situation that existed prior to the violation may be expressed in the restoration of access to internet resources or the restoration of rights belonging to a person on the relevant internet platform, including access to such a resource as such. Attention is also drawn to the specific features of the implementation of remedies when the subject is in employment relations with the company.

Krupchan, Oleksandr; Romaniuk, Yaroslav; Pylypenko, Svitlana; Myronenko, Valentyna

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124422

The article investigates the nature and manifestation of the material and procedural aspects of estoppel application in civil relations. The authors studied cases of variable, contradictory, or illegal behaviour of the contractual partner. The model for applying the estoppel principle in civil doctrine and civil procedure legislation was developed. It is proved that the estoppel principle is described by the universality of law enforcement in any sphere of private law relations of civil and economic jurisdiction. However, both civil and civil procedural legislation has no express provision on estoppel, which forms the maximum variety of its application by courts, up to the substitution of its legal nature. This leads to legal uncertainty and does not contribute to the unity of judicial enforcement.

Zaika, Yuri; Kukhariev, Oleksandr; Skrypnyk, Volodymyr; Burlakov, Serhii; Ilkiv, Oleh

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124423

The study identifies the features of protecting honour and dignity as personal intangible goods of a person and objects of legal protection. The protection of the honour and dignity of a person is of exceptional importance for ensuring an appropriate mechanism for the exercise of personal intangible rights of subjects. The study defends the position that the protection of human honour and dignity should be carried out in the plane of both private and public law. The problematic issues of the studied objects are manifested in the need to define the boundaries of freedom of speech and its relationship with the right to protect honour and dignity, which is associated with the rapid development of communication tools and the internet. Most often, a person's honour and dignity are violated by spreading misinformation.

Rybachuk, Andriy

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124450

The aim of the study is to model the optimal approach to the direct application of constitutional provisions by courts of the countries of the continental legal system. The objective of the study is to cover the forms of direct application and effect of provisions of the Constitution of Ukraine. It is established that the Fundamental Law of Ukraine operates in two categories: the effect of the constitutional provisions and the application of the constitutional provisions in the protection of human and civil rights and freedoms. It is concluded that these categories are considered in the doctrine from different angles: from the identification of effect and application to their differentiation according to subject and temporal criteria. It is proved that Ukrainian, French, German, Italian, Austrian, Russian, Polish, Spanish and Portuguese doctrines contain broad and narrow approaches to the direct effect of the constitutional provisions.

Derevyanko, Bogdan; Nikolenko, Liudmyla; Turkot, Olha; Ivanyuta, Natalya; Butyrska, Iryna

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124424

Violations of shareholders' rights occur in almost every joint-stock company. The mediation helps resolve corporate disputes with the help of neutral persons. The parties, through a mediation procedure, make decisions to protect the legal rights and interests of all parties to the dispute, taking into account the mutual and voluntary consent of each and in such a way that the decision does not violate the interests of any of them. Using this method of dispute resolution, it is possible to protect the legal rights of shareholders without going to court, without spending money on lawyers' services and court fees, as well as saving valuable time. In the world, the main provisions and procedures for mediation are consolidated at the legislative level, but Ukraine has not adopted a law for the implementation of legal regulation of this method of dispute resolution.

Popovych, Tetiana; Korol, Volodymyr; Poliukhovych, Valerii; Bezukh, Oleksandr; Pilkov, Kostiantyn

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124429

The study aims to identify trends and prospects for the development of safety in the implementation of economic activities in the context of replacing the consumption of natural resources with environmental protection. The study proposes an interpretation of the transition to sustainable development as a need to raise society to a new level of knowledge and legal regulation, where the issue of security should be rethought based on universal values, achieving a balance with nature, which would serve as the foundation of environmental technocracy. To create safety prerequisites for conducting business, countries rely on a complex system of quality and compliance to ensure the proper functioning of the market, protect people's health and safety, preserve the environment and protect businesses - National Quality Infrastructure. Many developing countries suffer from the poor quality of the NQI system, which can become a major obstacle to their integration into regional and global markets.

Krushelnytska, Hanna

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124428

The study investigates the features of donation of female and male reproductive cells. Based on the analysis of the legislation of different countries, it is concluded that there is both anonymous and non-anonymous gamete donation. The author points out the issue of correlation between the right to secrecy of donation and the right of children born using in vitro fertilisation methods to information about their origin. In the course of the study dialectical, Aristotelian, comparative-legal, and modelling methods were used. It is concluded that the gamete donation agreement refers to agreements in the field of medical activity since it includes both works on the extraction of germ cells and services to meet the personal needs of the donor. In addition, the study clarifies the legal nature of commercial sperm donation, which is close to the purchase and sale relations.

Hetmantsev, Oleksandr; Ostafiichuk, Liudmyla; Tatulych, Iryna; Osipova, Inna; Bobryk, Volodymyr

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124432

The relevance of the study is conditioned by the global necessity of improving the legal regulation of judicial protection of human rights, freedoms and interests in human society. The purpose of the study is to investigate the features of recognition of factual circumstances by the trial participants in civil proceedings. Recognition of factual circumstances is an important element of the proof procedure in civil cases, and the current state of procedural and legal regulation due to its impact on the positive completion of the trial. Study results allowed the authors to conclude that further implementation of reform activities by the state in the judicial system and civil proceedings should be accompanied by consideration of scientific and theoretical developments and proposals for the legal regulation of issues concerning the proof procedure.

Kiriiak, Oksana; Sishchuk, Liliana; Vasylieva, Viktoriia; Vintoniak, Nataliia; Оliinyk, Oksana

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124427

The purpose of this study is to comprehensively consider the current issues in the field of optimising the contractual practice of business entities, which are determined by the spread of the pandemic in most countries, with the formulation of author's proposals for improving legislative regulation in this area. As a result of the conducted research, the authors concluded that in the conditions of unstable and unpredictable development of the situation regarding quarantine restrictions, legislative regulation of the procedure for concluding contracts, and the procedure for implementing fixed contractual requirements, legislative regulation should reach a qualitatively new level of legal regulation, for which the co-authors proposed a number of amendments to the text of current regulations in this area.

Hetmantsev, Maksym; Shabalin, Andrii; Haliantych, Mykola; Kostruba, Anatoliy

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124425

This study focuses on the establishment and development of general aspects of the legal system of the Republic of Estonia, in comparison with Ukrainian legal transformations in the context of the EU integration. Ukraine's way to achieving a European integration involves a number of issues that should be resolved, in particular corruption, unreformed judiciary, ongoing 'oligarchization', shadow economy, the influence of corporate interests, and insufficient economic development. Authors used comparison, analysis, and modelling methods. Attention is also paid to the procedural link of Estonian civil procedure to pan-European provisions, the application of common European procedures in the judicial proceedings of Estonia as an EU Member State. The authors have engaged in comparative analysis of Ukrainian civil procedural law and the corresponding law of Estonia Study concludes that adaptation of European democratic standards by the Ukrainian judiciary system would be difficult without studying legal experiences of other EU countries.

Dryshluk, Andrii; Stefanchuk, Mykola O.; Rabovska, Svitlana; Bondarenko, Yuliia; Potapenko, Andrii V.

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124433

This study covers the legal regulation of the court's activities to determine an effective legitimate remedy for private rights and interests. The paper also investigates the new privacy law and procedural concept of 'an effective and legitimate way of judicial protection'. The chosen methodology is the modelling method, dialectical, and comparative methods of scientific cognition. The study of judicial practice demonstrates that the problem of developing a clear procedure for applying remedies is also faced by cassation courts, which are responsible for developing the unity of law enforcement. In the absence of such unity, the court is forced to adapt the existing substantive rules and judicial remedies to real social relations, their inevitable development.

Vinnyk, Oksana; Belianevych, Olena; Patsuriia, Nino; Myronova, Galyna; Seminoh, Svitlana

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.124434

The actual state of legal support for the digital economy significantly lags behind the needs of society in its social aspect, which includes not only stimulating the positive properties of digitalisation and their widespread use in all spheres of social existence but also ensures the minimisation of the risks generated by it and their negative consequences. The study aims to develop a solid base for the legal regulation of the digitalisation of the economy, public administration and healthcare system in Ukraine. During the study, authors used modelling, dialectical, comparative and historical-legal methods. The authors analysed the state of relations and their legal regulation from the perspective of the natural interaction of digitalisation, economics, and law as phenomena of public life. Problems that need to be solved were identified and respective solutions were proposed.