Видання зареєстровані авторами шляхом самоархівування
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Item Foreign element in legal regulation on succession: the experience of Regulation (EU) Nº 650/2012(Portucalense Institute for Legal Research, 2022) Гончарова, Аліна В`ячеславівна; Гончарова, Алина Вячеславовна; Honcharova, Alina Viacheslavivna; Fursa, S.; Chuikova, V.; Danylenko, O.; Глущенко, Наталія Володимирівна; Глущенко, Наталия Владимировна; Hlushchenko, Nataliia VolodymyrivnaGlobalization has affected all spheres of human life, and civil legal relations are no exception. In the light of the expansion of comprehensive ties between states, the issue of the universal character of the legal regulation of inheritance relations is growing. The conflicts of laws in this area further enhance the relevance of this study. This article aims to study and analyze Regulation (EU) Nº 650/2012 in terms of the European Certificate of Success as a unified approach to resolving disputes caused by differences in the legal regulation of inheritance. The study found that the rejection of the accepted principle for determining particular legislation according to the criterion of a civil testator will ensure the free movement of human resources within the EU and the development of services in matters of cross-border issues. An analysis of the norms of this document showed that it can eliminate such a problem as the fragmented nature of the inherited property, which makes it almost impossible for a conflict to arise around the inherited property.Item Discrimination in Sports as a Risk of Human Rights Violations in Ukraine(LUMEN Publishing, 2022) Стеблянко, Аліна Володимирівна; Стеблянко, Алина Владимировна; Steblianko, Alina Volodymyrivna; Глущенко, Наталія Володимирівна; Глущенко, Наталия Владимировна; Hlushchenko, Nataliia Volodymyrivna; Bilobrov, V.; Turenko, O.; Bilobrova, T.; Bykovska, A.The urgency of the issue in question lies in the need to improve anti-discrimination legislation in Ukraine. The article aims to summarize the current state of combating discrimination in sports. Research methods include analysis, generalization, and the formal-logical method. The article summarizes international acts that promote the prohibition of discrimination and the need to combat it. One of the main problems in world sport is racial discrimination, and there are three types of racism in sports. The main disadvantage of laws that lead to imperfect prosecution mechanism is entirely criminal liability for discrimination, even though the law on preventing and combating discrimination also implies administrative and civil liability. The article analyzes some positive foreign experience in combating and counteracting in sports. It shows that the priority areas for combating and counteracting discrimination in sports in Ukraine should be: (a) improving the legislation in terms of prosecution; (b) establishing a special body responsible for combating and counteracting discrimination in sports; (c) introducing educational tools in schools and among members of sports organizations that promote human rights, regardless of race, colour or other characteristics. Emphasis is placed on the fact that an effective mechanism of legal regulation together with preventive measures should guarantee the protection of the rights of both athletes and fans. The obtained results can serve as the basis of legislative proposals to improve the fight against discrimination in sports, which will ensure the protection of human rights.Item International experience of administrative protection of intellectualproperty rights in the field of medicine and biotechnology(Baghdad University, 2021) Глущенко, Наталія Володимирівна; Глущенко, Наталия Владимировна; Hlushchenko, Nataliia VolodymyrivnaThe article is devoted to acquaintance with the international experience of administrative ways of intellectual property rights protection in the field of medicine and biotechnology. The principles of insufficient development and imperfection of the economic system of Ukraine in the prism of medicine and biotechnology are highlighted. The concept of administrative protection in the system of intellectual property is characterized, the ways of protection of intellectual property rights and types of administrative protection measures are defined. The interpretation of the concept of administrative and legal protection of intellectual property rights is studied. The notion of medicine and its components, the state, the state of development of biotechnological progress, and the results of intellectual (creative) activity, which constitute the right of intellectual property, are singled out. The implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights into national legislation in order to provide citizens with qualified, affordable medicines and devices has been studied. The combination of mechanisms of harmonization of the legislation of the member states of the European Union and introduction of the EU documents protection for various objects of intellectual property is allocated. Emphasis is placed on the introduction and improvement of the strategy of intellectual property development in the national legal system. The international experience of administrative protection of intellectual property rights in the United States, Japan, and China is studied. It is recommended to implement the norms of international law into national legislation by harmonizing the provisions of European Union law. The importance of stopping and restoring violated rights, freedoms and legitimate interests of individuals and legal entities as a result of the creation of intellectual property and the proper establishment of an effective system of intellectual property rights protection in the field of medicine and biotechnology.Item Issues of regulating cryptocurrency and control over its turnover: international experience(Universidad de la Amazonia, 2020) Думчиков, Михайло Олександрович; Думчиков, Михаил Александрович; Dumchykov, Mykhailo Oleksandrovych; Kononenko, N.; Batsenko, L.; Галенін, Роман Володимирович; Галенин, Роман Владимирович; Halenin, Roman Volodymyrovych; Глущенко, Наталія Володимирівна; Глущенко, Наталия Владимировна; Hlushchenko, Nataliia VolodymyrivnaThe article deals with an important and relevant topic –the definition of the concept and essence of cryptocurrencies, the study of the problems of their legal regulation, the rationale for control over their turnover, as well as the analysis of ways to counter money laundering that involves cryptocurrency. The authors emphasize that measures taken exclusively at the state level are not enough to create an effective, integrated and comprehensive system for regulating the legal status of cryptocurrencies. Therefore, international cooperation and the strengthening of cooperation between various states in the field of cryptocurrency regulation is important. The authors analyze the scientific doctrine regarding the essence of cryptocurrency. It was found out that there was no single approach to the definition of “cryptocurrency” among scientists. Moreover, cryptocurrencies in various laws of the world have different status. The authors used general scientific and special scientific methods, which provided an objective analysis of the purpose of the study. There search methods were used in interconnection and interdependence, which ensured the comprehensiveness and completeness of the research, as well as the validity of the obtained scientific results. The authors have determined states where cryptocurrency has an official status, is at the initial stage of legal regulation or completely prohibited at the state level. The relevance of the research consists in the actual absence of the legal framework for the regulation of cryptocurrencies, which is conditioned by the novelty of this phenomenon and the problems related to its functioning. The authors proposed their own definition of cryptocurrency based on its main features.