Abstract. Current issues of international and national guarantees of economic security and some proposals for their improvement outline the developments set out in this article. It is stated that economic security is one of the most important components of national security of Ukraine and is its material basis. The concept of economic security is formulated and its components are singled out. The main international guarantees of economic security are analyzed. It is stated that, according to the main international documents, the state guarantee of social, economic rights, economic security in particular, is carried out gradually, within the maximum limits of available resources. It is stated that the case law of the European Court of Human Rights is an effective guarantee of protection of economic, social and other rights of citizens of Ukraine, economic security of the state. The main national guarantees of economic security of Ukraine are described. In order to more effectively guarantee economic security, a proposal has been formulated to adopt the Law of Ukraine «On Economic Security of Ukraine», which should clearly define its concepts, components, principles of provision, etc. The main threats to Ukraine’s economic security have been identified. It is stated that at the present stage of Ukraine’s development, the greatest threat to Ukraine’s economic security is an armed attack by the Russian Federation and the temporary occupation of part of Ukraine’s territory. Proposals for Ukraine to take measures to more effectively guarantee economic security (ensuring the functioning of the economy on the principles of legality, rule of law, stability, freedom of entrepreneurial activity, priority of national interests of Ukraine; cessation of armed aggression of the Russian Federation against Ukraine and return of temporarily occupied part of Ukraine; real and maximum provision of social and economic rights of citizens, improvement of mechanisms for removing the economy from the shadow sphere, elimination of corruption in economic and other spheres of public life, etc.). Keywords: economic security of Ukraine, guarantees, economy, state, economic and social rights, international documents. JEL Classification К10 Formulas: 0; fig.: 1; tabl.: 2; bibl.: 20.
The relevance of the study is as follows: if the substantive decision of a court or other jurisdiction (offi-cial) is subject to enforcement, the state must provide an effective mechanism for such kind of enforce-ment (otherwise, in case of non-compliance with the decision by the obligated person, protection of rights, freedoms, interests of the person will remain only on paper). An important component of such a mechanism is the system of enforcement of decisions. Therefore, each state faces the question of which system of enforcement of decisions to choose, and here we need the experience of other states that have already passed this path and can already clearly understand the results. The purpose of the article is to consider the experience of foreign states in reforming the system of enforcement of decisions and the legal status of executors in order to implement it in Ukraine. Methodological basis of the scientific arti-cle is general and special methods of scientific research (deductive, analytical, synthesis method, hermeneutic method, comparative, statistical, historical, dialectical and other methods), which were used to cover the topic of the scientific article. The results of the study contain a generalization of the experience of foreign countries in reforming the system of enforcement of decisions and the legal status of executors. The practical significance of the study is that the scientific article analyzes the application of different systems of organization of enforcement of court decisions, other bodies (officials), different approaches to the legal regulation of the legal status of executors. This can be useful for both legal scholars and legal practitioners, as well as anyone interested in reforming executive legislation.
The article considers the problem of constitutional and legal regulation of the right to change sex in the context of the implementation of somatic human rights. Based on the analysis of ECHR decisions and positive practice of foreign countries, it is noted that gender denial (mismatch between anatomical gender of an individual and his gender identity (mental gender)), i.e. transsexualism, is a type of mental and behavioral disorders of an individual. According to the most Western experts, the only effective method of treating transsexuality that gives more or less satisfactory results is surgical and hormonal correction of sex in accordance with gender self-identification, taking into the account the change of documents and socialization in a new gender role. It is emphasized that the most controversial issue so far is the issue of succession in case of gender reassignment, i.e related to the transfer of rights and responsibilities from a person before gender reassignment to a person after such a change. Emphasis is placed on the need to consolidate the universal succession in the event of a person’s change of sex, which implies the transfer of all property, a set of rights and obligations belonging to the person to the successor, and it is not only about existing rights and obligations, but also future not identified at the time of succession. It is noted that the succession should take into account the ability to accept such rights and responsibilities, the ability of a person (who has changed sex) to bear them (e.g, military service, the right to an old-age pension, etc.), as these provisions form vacuum in legislation. The new legal status of a person who has changed sex is established in full at the time of the final change of identity documents, and this should be the basis for succession in the event of a change of sex. The correlation of the available definitions gave grounds to assert that the right to change (correction) of sexuality is a somatic right, as it allows for the fundamental reconstruction of a person by changing sex. It is concluded that since Art. 51 of the Constitution of Ukraine clearly states that marriage is based on the free consent of women and men, so it is too early to talk about the mechanism of same-sex marriage in Ukraine, as this institution is not enshrined in law. National law also prohibits adoptive parents who are same-sex or unmarried foreigners.
Purpose. To identify controversial and problematic provisions of the current legislation of Ukraine in the sphere of environmental protection which form the plane of legal responsibility for violations of environmental standards and norms. Methodology. The following research methods were used: the monographic method of scientific research, synthesis and analysis, the economic-statistical method, the method of detailing and concretizing the obtained results, the method of scientific-abstract systematization of results, and the graphic method of visualizing the results of scientific research. Findings. In Ukraine, a regulatory framework has been established that regulates the system of responsibility for environmental violations. Its main forms include disciplinary, administrative, civil, and criminal responsibility. It has been found that the modern environmental legislation is characterized by certain shortcomings in the identification and prosecution of persons guilty of violating the norms of existing laws. This is confirmed by the analysis of the amount of damage and losses caused to the environment, the dimensions of which are increasing annually in Ukraine. Simultaneously with the increase in the amount of damage caused, the degree of non-identification of persons who are responsible for causing damage to natural resources and the environment is increasing. The analysis of regional differences in environmental responsibility also demonstrates significant differences between the administrative regions of Ukraine in terms of the discipline of environmental responsibility. Originality. Based on the results of the conducted research, the main problematic aspects regarding legal responsibility for violations of environmental legislation in Ukraine were identified and analyzed. A need for a fundamental change in the concept of environmental responsibility for economic entities within the framework of sustainable development strategy has been identified. A gradual change in the basic principles and approaches to responsibility for violations of environmental legislation in the direction of predominance of preventive functions of environmental protection over punitive ones was proposed. Tools for possible improvement of environmental legislation were also proposed, in particular, fiscal preferences for environmentally tolerant industries, application of trade quotas for industrial enterprises that pollute the environment, harmonization of sanctions and environmental tax rates in accordance with the legislation of European countries. Practical value. The research results and proposed measures for improving the current procedures and mechanisms of legal liability for environmental offenses can be used by specialists of legal departments and services at the level of micro-management and macro-management to solve the tasks of further improvement of the current legal framework and increase the level of social responsibility of business and officials.
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