This paper reports a study into the essence, levels, forms, principles, and types of means of innovative support, as well as the procedure for their provision, which are provided for by the framework agreement "Horizon Europe". A critical analysis of certain elements of this framework agreement was performed. The expediency of conducting scientific research on changing the international legal regulation of implementation of measures of innovative support within the framework program of the European Union "Horizon Europe" has been substantiated. This study is aimed at forming the concept of improving the normative mechanisms of legal regulation of the implementation of means of innovative incentives within the framework of the law of the European Union. In addition, the issue of developing proposals to improve legal mechanisms for assessing the effectiveness of the implementation of previously provided means of support was investigated. It is proved that the formation of an integral concept of supporting innovation processes within the framework of the temporary framework program has a destabilizing effect. A concept of improving the system of normative regulation of means of innovative support and technology transfer in the general system of EU legislation has been proposed. Within the framework of the proposed concept, the expediency of transferring part of the subject of legal regulation of the framework agreement "Horizon Europe" to acts of EU legislation of a higher level is substantiated. Also, a concept of improving the legal mechanisms for assessing the effectiveness of previously provided incentives for innovation and technology transfer has been formed. It is substantiated that such mechanisms should be based on the activities of an expert collegial body within the European Innovation Council. The study results could be used in the formation of international regulations, for the appropriate regulation of these relations.
Problem setting. The mechanism for ensuring the fulfillment of obligations under international treaties is a complex legal phenomenon that includes a number of international legal institutions (the institution of obligation, institutions related to good faith, means of ensuring the fulfillment of obligations, institutions of international judicial bodies, institution of responsibility). The main premise that contributed to the formation of the mentioned institutional mechanism is the principle «pacta sunt servanda» «agreements must be fulfilled», which concentrated in itself the idea of the binding nature of international agreements, and later the conscientiousness of their implementation. Denoting the binding nature of any legal agreement, the principle «pacta sunt servanda» is one of the main principles of contract law. However, its implementation is accompanied by a number of problems, the solution of which requires the development of an appropriate scientific basis. Analysis of recent researches and publications. The analysis of recent researches and publications shows that the issue of the principle of contractual law “pacta sunt servanda” has repeatedly attracted the attention of the scientific community. Some of its aspects were considered by both Ukrainian and foreign scientists, including: S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin and others. However, most of the research and publications available today are rather superficial in nature. Target of the research is to analyze the legal meaning and essence of the principle «pacta sunt servanda». Article’s main body. The purpose of the article is to analyze the legal meaning and essence of the principle «pacta sunt servanda». The article highlights the legal meaning and essence of the «pacta sunt servanda» principle. The author takes the position that the binding nature of international agreements is based not only on the consensual nature of contractual norms, but also on the mutual interest of the parties in the agreement. The article explains the nature of the principle «pacta sunt servanda» from the standpoint of «jus cogens», which theoretically substantiates the meaning of the principle as a prerequisite for the formation of a mechanism for ensuring the fulfillment of obligations under international treaties. Based on a number of philosophical and legal theories, the most common of which are the theory of promise, the will theory, as well as the theory of efficiency, «pacta sunt servanda», as one of the principles of contract law, is generally recognized in legal science. The study of these theories justifications allows us to ascertain the absence of historical continuity between the initial and subsequent meanings of the principle, and even the absence of a consensus view in the doctrine. Conclusions and prospects for the development. Realizing the need to observe laws, as well as observing international treaties, at the individual level, the state must realize the necessity and inevitability of multi-level interaction in the international sphere. Only the understanding that in the implementation of the common will and cooperation it is possible to achieve a solution to the international problems that are currently faced by the international community, accepting the possibility of interaction to achieve the common interest, and not to meet the current economic needs of each state separately, will allow solving many global problems of our time and leaving to a new level of understanding of law as a tool for building a new reality within the framework of the interaction of states. In this regard, the principle of «pacta sunt servanda» is gaining more and more global scope.
The article examines the issue of formation and development of cooperation between the member states of the European Union in the field of cultural property protection. It has been established that over the past several decades there has been a tendency to strengthen the role of culture, including for regional organizations, which is clearly visible in the activities of such an integration association as the European Union, where culture is used as a kind of catalyst for the development and strengthening of dialogue between states. At the same time, the European cultural heritage is a very important part of the common cultural space both for the EU institutions and for the citizens of the member states; and the fact that half of the monuments of the world’s historical heritage are concentrated on the territory of Europe, illustrates the depth and volume of the cultural layer that needs to be preserved, which requires the EU to carry out concerted actions in the field of protection of cultural values. The author draws attention to the fact that the first contractual documents did not provide for a system of norms regarding the cultural sphere, but despite the lack of relevant competences, the EU was forced to deal with cultural issues already at the first stage of its integration. The 1974 recommendation on the protection of the architectural and natural heritage (75/65/EEC) was almost the first document that declared an interest in the protection of cultural values. Later, in the eighties and nineties of the XX century. it is possible to notice the introduction of norms that partially regulate the movement of goods in the field of culture, the growth of society’s activity in the cultural sector, and since the 2000s, systematic measures aimed at the development and support of European culture, which is already considered as the main tool for implementing the EU’s external interaction, have been observed . The last decade is associated with the intensive development of the idea of intercultural dialogue as one of the main paradigms of a single European policy aimed at consolidating the common cultural space in Europe. It was concluded that the formation and development of the unified cultural policy of the EU, including the cooperation of the member states in the field of protection of cultural values, did not have a linear character, and this process is still ongoing. In particular, significant efforts are being made to combat the smuggling of cultural values and the return of cultural values.
Problem setting. This article is devoted to the analysis of the scope of obligations, accepted by the Contracting States in the Agreement on a Unified Patent Court, as well as in the EU Regulations № 1257/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection and № 1260/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, that all form the so-called «patent pack». The subject of this research is EU Member States’ responsibility for the obligations, deriving from their activity via the enhanced cooperation mechanism and the procedural models of them being held responsible for the possible EU law infringements. The analysis of the legal base, governing the legal personality of the Unified Patent Court, including the clauses, that outline the interactions between the Unified Patent Court and the European court of justice, has been conducted. The problems and probable challenges, that will have appeared when the Unified Patent Court becomes operational, have been set, primarily stressing the problem of absence of a detailed Contracting Member States’ collective liability provision within the Agreement on a Unified Patent Court. Probable outcomes of EU law infringements have been detected and the available strategies, that can be used by the Court of Justice of the European Union for enforcing liability on the Member States and ruling its decisions on the scope and severity of such a liability, have been discovered. The conclusion about the problems and challenges, that might appear before the EU institutions, Member States, taking part in the enhanced cooperation concerning the creation of the Unified Patent Court, which will impersonate the Contracting States of the Agreement of a Unified Patent Court, has been made. Analysis of recent researches and publications. The issues of the legal nature of the Unified Patent Court and the nature of collective and individual responsibility of the member states of the Unified Patent Court Agreement were considered in the publications of the following researchers: Douwe de Lange, Jacopo Alberti, Alfredo Ilardi, Aurora Plomer, James Tumbridge, Jelena Cerani, Franklin Dehousse, Franklin Dehousse. Target of the research is to study a complex nature of the issue of individual and collective liability of the Contracting States via the Unified Patent Court agreement and to outline the possible ways of fulfilling the flaws of its legal regulation. Article’s main body. The legal rules, governing the Unified Patent Court’s liability are set in Chapter IV of the Agreement on a Unified Patent Court. Article 20 of the Agreement on a Unified Patent Court points at the EU law primacy principle, which reads as follows: «the Court shall apply Union law in its entirety and shall respect its primacy». Moreover, article 21 of the Agreement on a Unified Patent Court gives the Unified Patent Court the right to request preliminary rulings from the Court of Justice of the European Union, the decisions of which appear to be binding on the Unified Patent Court. In case of EU law infringement, the liability for the damages shall be incurred upon the Contracting States of the Agreement on a Unified Patent Court collectively and severally, in accordance with the EU law governing the Member States’ non-contractual liability for damages caused by the infringements of the EU Law, that result from the faulty application of the EU law by the national courts of the Member States. According to the provisions of article 23 of the Agreement of a Unified Patent Court, the Unified Patent Court’s actions shall be directly attributed to each Contracting State, concerning the scope of articles 258 – 260 of the Treaty on the functioning of the European Union. The rules in these articles cover the actions of the Commission of the European Union regarding the summaries, made by this institution in case of a reasonable suspicion of the Member State’s EU law infringements, involving a lawsuit to the Court of Justice of the European Union. The aspect of the liability and damages, conferred by the Court of Justice of the European Union on the Member State, are worth being made a detailed research of further in this paper. Conclusions and prospects for the development. To sum this up, it’s worth noting, that the problem of EU Member States’ liability for taking action of harmonizing the field of patent law by means of an international treaty must be considered in light of an unprecedented legal nature of the Unified Patent Court. The analysis of the legal construction, governing the future activity of the Unified Patent Court can be hardly described as the only and the most complicated problem, which might actually arise as soon as the Unified Patent Court becomes operational. Nevertheless, the Member States of the EU have managed to make a truly daring step forward towards the patent law unification, that can only be praised as a remarkable event in the history of the Union, that will surely entail more challenges for the EU Member States and institutions. However, such an outstanding experiment, in case of its success, may create an attractive harmonization instrument for the EU Member States in the foreseeable future.
This article is devoted to highlighting the content and nature of women's right to abortion and opportunities for its protection. Since this right is attributed by scientists to the fourth generation of human rights and it is relatively new, it is extremely relevant to clarify the issue of the relationship between the rights and interests of a pregnant woman and an unborn child. The authors point out the existence of an urgent problem associated with the absence in European сountries of a unified approach to determining the criteria and conditions under which abortion is considered legal. It is also necessary to pay attention to the fact that a separate article dedicated to the right to abortion is absent in the European Convention on Human Rights. Since one of the conditions of acceptability of an individual complaint is the requirement to refer to violation of only those rights that are provided and guaranteed by the ECHR. The only opportunity for women to protect their right or receive compensation for violation of the right to abortion - is appeal to the European Court of Human Rights, referring to Article 8 of the European Convention, which determines the right of everyone to respect for privacy. Thus, the right to abortion is considered through the prism of the right to privacy. The main emphasis in this article is made on the analysis of the most important decisions of the European Court of Human Rights in Affairs, where women complain about violation of their rights due to imprisonment of abortion, which led to terrible consequences. The authors clarified the relation of the ECHR to abortion and deprivation of the right of a woman on their conduct. The court has developed criteria that help determine whether there was a violation of a woman's right to respect for privacy, guaranteed by Article 8. In the article the main problems due to which women in most cases cannot implement their right in their own country properly are identified. Also, in the context of the court decisions, the difference between the ECHR positions regarding this issue and the internal legislation of some European countries, against which the complaints are most often served is analyzed. The authors draw the attention of states to the need to take into account the conclusions of the European Court and lead laws and other regulatory acts in accordance with its decisions.
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