The goal of this article is to analyze prohibited means and methods of armed conflicts under the International Humanitarian Law (IHL). Technological progress, the transformation of the nature of armed conflicts and the idea of the war based on terror are the main reasons why the list of prohibited means and methods of armed conflicts should be constantly updated. The main text of this article consists of three thematic blocks. The first block represents an excursion into the history and development of IHL. It outlines its division into two branches, the Geneva and Hague law. The second part consists of definitions and characteristics of basic terms such as means and methods of armed conflicts. Under the means of warfare it is understood weapons, military equipment and other means used to cause harm and defeat the enemy. Methods of warfare are the procedures for using certain means to suppress the troops of the opposing side and inflict losses on it at the very minimum acceptable level. The third part of the study is devoted to new methods and means of warfare, among which the author analyzes such phenomena as hybrid wars, cyberwar and the involvement of private military and security companies in military operations. Hybrid wars, widespread in the 21st century, raise very complex issues related to the classification of a conflict, as the line between the state of war and peace is blurring. Most often, information about the nature of third-party intervention is kept secret. Moreover, such a third party refuses to acknowledge its participation in hostilities. It is concluded that parties to hybrid wars are required to comply with international standards that limit the methods and means of warfare and protect their victims. The article examines the concepts of cyber war, identifies the main characteristics of this type of war. The main conclusion was made about the need of formation of new restrictive approaches regarding the prohibition of the use of cyber weapons. Another trend related to modern armed conflicts is the process of delegating the performance of traditional state functions by states in favor of private military and security companies. The conclusion is drawn on the need to develop international legal standards for the activities of private military and security companies within the UN.
The article is devoted to the research of legal issues of protection of the violated rights, determination of the effectiveness of the mechanism of ensuring the rights, investigation of alternative ways of protection of rights, analysis of the functioning of ODR platforms and prospects of their functioning. The article notes that with the widespread use of the Internet, legal institutions are changing, especially with regard to dispute resolution. The emergence of e-commerce has led to the emergence of online dispute resolution platforms that are already in use on all continents. The e-commerce market in Ukraine and in the world is gaining momentum, so Ukraine's desire for closer interaction with EU Member States and integration into the common market necessitates a detailed study of the experience of the EU and foreign countries to introduce the most effective and advanced mechanisms for securing the rights of e-commerce participants. The study concludes that it is advisable to use online dispute resolution (ODR) procedures, which are a cross-border alternative dispute resolution, as a fast and versatile way to resolve disputes, as a substitute for the ineffective existing forms of IPR protection. Based on the analysis of the existence of alternative dispute resolution methods, it is established that online dispute resolution due to its specific legal nature is an independent way of resolving disputes.
В статье анализируется становление и функционирование института адвокатуры. Особое внимание уделяется определению его правовой природы как института гражданского общества, раскрывающей его социальную и правовую ценность, сконцентрированную на решении важнейшей задачи защиты прав и свобод человека и гражданина, юридических лиц, представление их интересов, предоставление квалифицированной правовой помощи. In the article the author analyzes the formation and functioning of the institution of advocacy. The special attention is given to the defining of its legal nature as a civil society institute, and to the discovering of its social and legal value which are concentrated on the solving of the important task of protection of the rights and freedoms of man and the citizen, legal persons, representation of their interests, granting of the qualified legal aid.
The purpose of the article is to publish and analyze the Statute of the Society for the Care of Poor Jewish Children in Kolomyia (1908) as a source for the history of this Society and the legal culture of the Jewish community in the eastern cities of Eastern Galicia in the early 20th century. The research methodology -principles of scientific, objectivity, historicism, methods of external and internal critique of sources. The research novelty is that the Statute of the Society for the Care of Poor Jewish Children in Kolomyia (1908) was first published and analyzed as a historical and historical-legal source. The Conclusions. Thus, the Statute of the Society for the Care of Poor Jewish Children, which was formed in Kolomyia in 1908, is supposed to have been concluded by the Jewish lawyer H. Landau. After approval by the Governor, the Society published its Statute, which consisted of 29 articles. This document is known to researchers, but has never been published or analyzed as a historical and legal source.
Статтю присвячено питанню про представлення адвокатами в суді інтересів громадян у дискусії, розгорнутої навколо цієї проблеми у світлі положень Закону України «Про адвокатуру та адвокатську діяльність». Особлива увага приділяється цій проблемі в контексті прийнятого Закону України «Про внесення змін до Конституції України (щодо правосуддя)». Підкреслюється, що Виключне право адвоката - здійснювати захист у кримінальному процесі виправдано, проте монополія на подання адвокатами в суді інтересів громадян не відповідає принципу верховенства права.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.