Authors:Ana Clara AZEVEDO AMORIM Pages: 7 - 21 Abstract: Consumers’ protection is traditionally based on the information asymmetry by comparison with the professionals. However, the transition to the information society led to a paradigm change in marketplace relationships. With emphasis on the advertising legal framework, this study addresses the factors which determine the consumers’ economic decisions in the digital age, aiming to show whether there are still grounds for the established information duties. PubDate: 2023-10-30
Authors:Andreia Madalena MAGALHÃES JESUS Pages: 22 - 39 Abstract: Marriage brings with it property effects that require their own regulation. When we refer to the community of acquired property regime, we quickly like to think about the constituted assets: the assets of each of the spouses and the common assets. Article 1723 of the CC makes it possible to subrogate assets in place of own assets. We are therefore faced with situations in which the acquisition is made after the marriage, for consideration, but such assets, once the formalities provided for in the aforementioned article have been fulfilled, retain the quality of their own assets. For this contribution, it is important to address the formalities in paragraph c), more specifically with regard to the intervention of both spouses in the acquisition act. The main questions to which we intend to provide our contribution are: are the requirements set out in paragraph c) cumulative' What are the positions of jurisprudence, and what is the role of the Uniform Jurisprudence Judgment 12/2015' Can we overcome the lack of mention as to the origin of the money or goods' What if the acquirer's spouse refuses to intervene in the act to confirm that the money used is the acquiring spouse's own money' To answer these questions, we resort to a jurisprudential and doctrinal analysis, ending with some brief considerations. PubDate: 2023-10-30
Authors:Eva Dias COSTA Pages: 40 - 56 Abstract: This article seeks to address some apparent imprecision on the subject, aiming to shed light on the loss of benefits provided for in Article 1791 of the Civil Code in cases of divorce or separation of persons and assets, in light of the letter and spirit of the legal regime of divorce resulting from the 2008 reform. Specifically, it seeks to clarify that benefits may also include donations and that Article 1791 does not cover all donations and does not intend to establish automatic expiration. Instead, without an agreement between the parties, it requires the allegation and proof that such benefits were based on the "consideration of the married state." PubDate: 2023-10-30
Authors:Fátima BRAGA Pages: 57 - 74 Abstract: The LPMA, dated 2006, was subject to legislative changes that adjusted it to the needs of an evolving society, reflecting other legislative options that necessarily influence it. These alterations reside in the abandonment of the subsidiary character conferred on the use of PMA, for an alternative possibility, available to any woman and independent of a diagnosis of infertility. The traditional principle of biological truth in establishing filiation suffered compressions in cases of heterologous insemination, establishment of double maternity and surrogacy. By allowing single women to use the PMA, the concern of not promoting single-parent families is abandoned. Considering the relevance of the constitutional principles of equality and non-discrimination, associated with the changes undergone by the LPMA, we did not find any valid basis for the removal of men, alone or male couples, as beneficiaries of the PMA. We conclude for the unconstitutionality of n.º 1 of art. 6 of the LPMA insofar as it denies men, alone or male couples, the possibility of resorting to the PMA as a means of ensuring procreation, which should be available to all people, respecting and implementing the principles of equality and non-discrimination. PubDate: 2023-10-30
Authors:Hugo CUNHA LANÇA Pages: 75 - 96 Abstract: Because we have never subscribed to Kelsen and we disagree that the legal world can live in a dome absorbed by the contributions of other knowledge, in an intolerable legal autism, in this meager study we intend to revisit the Institute of Minority, having as a premise the teachings of neuroscience, mainly, dissecting the legal capacity of minors to act, based on their brain maturation. PubDate: 2023-10-30
Authors:Irene COPPOLA Pages: 97 - 105 Abstract: The agile reflection, starting with a brief historical analysis, aims to demonstrate the absence of the right to abortion in Italy. The theme develops from the Law 194 of 1978 and the recent political-legal debate that aims to give women the possibility of a different choice. PubDate: 2023-10-30
Authors:Natalia HRES, Viktoria STRELNYK, Tetiana CHURILOVA Pages: 106 - 124 Abstract: The paper analyzes mediation as an alternative dispute resolution tool in national civil legislation, taking into account international experience. The consequences of martial law in Ukraine, in addition to the general negative impact on the economy and social relations in the state, created limited access to judiciary resources, which prompted the search for effective ways to resolve the dispute. The aspiration for European integration has determined the vector of rebuilding Ukraine to increase public confidence in the institution of law, guaranteeing rights, freedoms, and legitimate interests. One of the challenges to the restoration of our state is the development of an area for implementing mediation in the national legal dispute resolution system, ensuring its broad support by interested parties and civil society. The primary purpose of mediation in dispute resolution is to find a solution that would satisfy all parties and maintain, preserve, or restore productive relations between the parties. The introduction and development of mediation in the Ukrainian legal space require institutional support and dissemination of positive international practices. The fundamental principles of legal regulation of mediation are to ensure the necessary standards with minimal state interference in these relations and to provide the parties to the dispute with maximum freedom and the ability to dispose of their rights. PubDate: 2023-10-30
Authors:Oleh ILKIV, Vitalii MYKULETS, Volodymyr DUMA, Viktor TKACHUK, Nataliia DEREVIANKO Pages: 125 - 143 Abstract: The relevance of the study is conditioned by the existence of certain issues related to the registration of property rights and real rights, the grounds for restrictions on such rights, guarantees and ways to protect them, which is extremely important in the state of martial law. The purpose of this study is to investigate the peculiarities of legal regulation of property rights and real rights in Ukraine, as well as to analyse the experience of specific countries of the European Union in this area. The methodological basis of the study consists of a comparative method, methods of system-structural and logical analysis, which allowed establishing the essence of property rights and real rights through the prism of norms regulating relevant relations in Ukraine and the European Union countries; to consider existing problems in the regulatory support of property (private, state, municipal) and real rights; to conduct a comparative analysis of legislative approaches in solving issues of legal regulation of property relations. The main results in the framework of the study should be considered the definition of the features of legal regulation; the emergence, registration, transfer, restriction of property rights and real rights, mechanisms for their protection in Ukraine and in certain European countries; prospects for the development of regulatory support for property rights and other real rights in Ukraine. The relevance of the study results is to provide practical recommendations for improving the legal regulation of relations in the field of property by amending the Civil, Housing, and Land Codes of Ukraine, including individual laws in the field of intellectual property. PubDate: 2023-10-30
Authors:Oleksii KHOVPUN, Artur ZAMRYHA, Victoria PANCHENKO, Valerii MASHYKA, Mykolai GERASYMENKО Pages: 144 - 176 Abstract: The paper considers a different understanding of criminal offenses that arise from economic offenses. The authors note that, in general, economic relations do not generate criminal law relations. All crimes and punishments are derivative, related to criminal consequences in economic relations. The authors consider extortion as a derivative of financial misconduct and define it as a component of the criminal process resulting from economic offenses. The authors consider the definition "extortion", its criminal component and its general place in the criminal law structure. It is determined that extortion should be considered as not only a criminal punishment, but also an involuntary act that can be implemented in the system of economic relations. It was determined that extortion was preventive in relation to other illegal norms in economic relations. The article shows that the prevention of extortion is determined not only by sufficient elaboration of certain types of economic relations, but also by the structure of counteraction at the level of legislative prohibitions. The paper defines the place of extortion in the system of criminal law relations and forms the principles of response. PubDate: 2023-10-30
Authors:Olena KOHHANOVSKA, Vadym TSIURA, Veleonin KOKHANOVSKYI Pages: 178 - 197 Abstract: The purpose of the article is to study the institutions of pre-contractual relationship and civil liability at the negotiation stage in view of the updating processes of the civil legislation of Ukraine using the normative experience of European countries and the provisions of the Model Rules of European Private Law project. To achieve the set purpose, a number of general and special scientific methods were used during the study, namely: formal and logical, dialectical, dogmatic, systemic and structural, comparative and a number of other methods. The article analyses the general pre-contractual obligations of counterparties under the DCFR connected with the compliance with the good faith principle, non-disclosure of confidential information, legitimate expectations, negotiations consequences in violation of the good faith principle, and other responsibility forms of the negotiating parties. Particular attention is paid to informational rights between counterparties, commercial enterprises and in the processes of marketing activities in relation to consumers. The conclusions emphasise that the Ukrainian concept of pre-contractual relationship should be based on a number of fundamental principles of contract law, as it is accepted in European private law, and take into account flexible rules of their implementation in the practice of business conduct. PubDate: 2023-10-30
Authors:Renato NETO Pages: 198 - 231 Abstract: Many new legal relations were fashioned in the collaborative economy arena. Some of them are characterized by entirely new elements, but some of them are very similar to existing legal transactions and activities that are already regulated. These new situations are qualified mainly for goods and services exchange between “peers”. Several of these new affairs are based on services provisions situated in legal grey areas, lacking consumers, clients and providers protection. It is important to outline the standard of care expected from the providers to properly address the issue regarding these services, especially to define parties’ obligations. The paper drafts a concept of professionalism, to establish a basis for assessing whether it is possible to demand a professional standard of care in a peer-to-peer service, which would be qualified and higher than ordinary diligence. In particular, the homestay services regulation in Portuguese Law is analysed, with the aim to evaluate if these sharing economy activities tend to be professionalized. Lastly, it is considered what is the standard of care to be expected. PubDate: 2023-10-30
Authors:Roman I. TASHIAN, Yuliia S. TAVOLZHANSKA, Oleksii V. TAVOLZHANSKYI, Serhii V. GRYNCHAK, Nataliia V. SMETANINA Pages: 232 - 252 Abstract: The term “doctrine” is often used in science, law-making and law enforcement processes, but its semantic meaning has not yet been determined, which makes it difficult to define the role of legal doctrine as a source of law. The aim of the article is to study legal doctrine as a special source of law, clarify the specifics of its formation and analyze the regulatory role and its potential, paying special attention to international law, as well as Romano-Germanic, Anglo-Saxon and religious legal systems. The research is based on such methods as analysis, synthesis, comparison, analogy, deduction, induction, abstraction. The inductive method made it possible to generalize and formulate the approaches of scientists, and the deductive method made it possible to consistently argue the author’s position. The authors draw conclusions that the definition of a legal doctrine as a source of law can be formalized legislatively. It is normatively permissible to reveal the notion of legal doctrine, determine a doctrine as a source of law and establish mechanisms for resorting to this source in law enforcement. PubDate: 2023-10-30
Authors:Viktoriia RIEZNIKOVA, Ivan KOSTYASHKIN, Tetiana LAHOIDA, Iryna KRAVETS, Antonina BOIKO Pages: 253 - 275 Abstract: The purpose of this article is to analyse the current state of ensuring property rights under martial law, highlighting the main groups of problems arising from it. The methodological basis of the research consists of general and special-legal methods of scientific knowledge, namely: dialectical method, systemic-structural method, logical-legal method, methods of comparison and analysis. The article provides a description of the current state and current issues arising from the provision of property rights under martial law. The proposed study provides a more comprehensive view of the picture of the provision of property rights under martial law, both with regard to individual problems of legal regulation and their interrelationship. Prospects for further research can be seen in the detailed analysis of the problems outlined in this article and the formulation of proposals for their solution in view of the current practice of law-making and law enforcement. PubDate: 2023-10-30
Authors:Volodymyr O. HAVRYLYUK, Nataliya V. RYBAK, Volodymyr V. KUZMENKO, Olha V. LETS, Oleh P. DENEHA Pages: 276 - 294 Abstract: The realisation of the right to work is an important aspect of human rights, as the right to work not only ensures a normal standard of living from a material point of view, but also ensures the ongoing development of the individual. The right to work is internationally recognised and enforced by states. At the same time, labour law, which regulates the respective relationship between the employee and the employer, is constantly evolving under the influence of various factors, just as society and the State are evolving. The hostilities which began in Ukraine on 24 February 2022 have had a strong impact on all areas of the country. The purpose of this article is to identify the nature of the changes that have taken place in the labour legislation of Ukraine under martial law. Due to new circumstances and challenges of modern times, as well as significant changes in the functioning of the state under martial law, the issue of changes in labour law and restrictions on certain labour rights is very topical. PubDate: 2023-10-30
Authors:Volodymyr KUZMENKO, Andriy KOROTKYKH, Oksana VAITSEKHOVSKA, Vladyslav KOSTENKO, Kateryna KUTSOVOL Pages: 295 - 320 Abstract: Globalization and competitiveness make it possible for companies to seek better ways to develop and use technology to gain a competitive advantage in the marketplace and increase efficiency. It has become more expensive to implement and optimize all processes within one enterprise – it requires skills and competence of highly qualified and professional human resources, labor costs constantly increasing. The aim of the article is to study approaches to the notion of outsourcing as the largest inventions of the last decades and regulation of this phenomenon as well as to distinguish advantages and disadvantages of outsourcing and prospects of its development in Ukraine and the world. It is noted that outsourcing of certain organizational processes is an integral part of the corporate strategy of many modern companies. The main advantage of outsourcing is more qualitative and less expensive performance of the transmission function. This is explained by the availability of highly paid specialists with experience in a specific field. However, its disadvantages are less significant compared to its advantages for the company. Therefore, it is stated that outsourcing is a promising industry both in Ukraine and in other countries. Moreover, its further development will rapidly increase. PubDate: 2023-10-30
Authors:Volodymyr NAHNYBIDA, Zhanna CHORNA, Svitlana LOZINSKA, Roksolana IVANOVA, Maryna BORYSLAVSKA Pages: 321 - 339 Abstract: The relevance of this scientific research in the protection of rights of ownership is determined by the specifics of enshrining regulatory provisions in the current legislation, as well as in connection with the active use of rights of ownership and the mechanism for its protection on the Internet platform and in social media. The purpose of this research is a detailed study of the theoretical and practical segment of the mechanism for implementation of the protection of rights of ownership of individuals, as well as a study, on the basis of this research. The regulatory and legal provisions were analysed, the main approaches responsible for the mechanism for implementation of the protection of rights of ownership of individuals were discovered, and the main problems preventing the proper effective functioning of this mechanism in the protection of rights of ownership of individuals were identified. PubDate: 2023-10-30
Authors:Yevhen LEHEZA, Bogdan SHCHERBYNA, Yulia LEHEZA, Olena PUSHKINA , Olesia MARCHENKO Pages: 340 - 359 Abstract: The purpose of the research is to determine the scope and mechanism of applying the creditor’s right to suspension or partial/complete refusal to perform a duty in case of non-fulfilment of the counter duty by the debtor (obligations the specified right is applied to and the mechanism of its implementation). Main content. The legal nature of the right to suspension or complete/partial refusal to fulfil a duty has been clarified: the author concluded that this is a way to protect civil rights and interests. Attention is drawn to the fact that the studied right can be applied in case of non-fulfilment of a negative obligation by the other party. Conclusions. The right to suspension or refusal to fulfil a duty shall be applied to obligations when their fulfilment is not simultaneous, but a certain procedure for performing parties’ duties is provided for. This right can be applied in case of other party’s non-fulfilment of its main duty within the obligation, non-fulfilment of an auxiliary duty does not entitle the other party to suspend or refuse its duty. PubDate: 2023-10-30
Authors:Yurii NAZAR, Danylo YOSYFOVYCH, Viktoriia BONDARENKO, Bohdan MELEKH, Nataliia PUSTOVA Pages: 360 - 374 Abstract: This paper explores the fundamental principles of administrative guarantees related to the protection of the rights of individuals and legal entities during state control and supervision. Through a comprehensive analysis of the current national legislation in Ukraine, this study examines how administrative guarantees serve as an essential component of the mechanism for safeguarding the rights of citizens and organizations during state control and supervision. The research question that guides this study is how administrative guarantees ensure that the rights of controlled individuals and entities are respected and protected during the process of control and supervision. This study finds that there are multiple administrative guarantees used in the implementation of state control and supervision, which can be systematically classified based on various criteria. Overall, this research contributes to a deeper understanding of the crucial role that administrative guarantees play in promoting the rights of individuals and legal entities during state control and supervision. PubDate: 2023-10-30
Authors:Yurii PRYTYKA, Serhii KRAVTSOV Pages: 375 - 407 Abstract: One of the directions of development of civil procedure of the majority of the world is the differentiation of civil proceedings, in particular, through the introduction of various simplified proceedings. The introduction of such procedures for the consideration of minor cases was recommended in a number of Council of Europe documents and was seen as a way to improve access to the court. In Ukraine, these trends have been implemented through the introduction of simplified legal proceedings, including for consideration of minor cases in 2017 as novelties of civil proceedings. Does the civil procedure institution of minor cases comply with the principle of the rule of law and the basic principles of judicial proceedings defined by the Constitution of Ukraine' Does the civil procedure institute of minor cases hinder the exercise of the right to judicial protection' Whether the fundamental proportionalities are defined in paragraph 1.5 of part 6 of Art. 19 of the Civil Procedure Code of Ukraine, the size of the price of the claim for the qualification of cases is insignificant. The authors tried to answer these questions, justifying this by analyzing the legislation of different European countries, the practice of the European Court of Human Rights, and systematic research of the provisions of the Convention for the Protection of Human Rights. The conclusions justified the need to publish a formula for determining a minor case with reference to the level of minimum income in a particular country. Keywords: small claims, civil procedure, right to a fair trial, courts, access to justice. PubDate: 2023-10-30
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