ijcs
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Abstract: Competition allows business entities to implement projects that can subsequently ensure the development of the socio-public system and the country as a whole. At the same time, an opportunity for personal development is also achieved for a business entity. At the same time, any activity aimed at increasing profitability and market share leads to the emergence of new market participants that can help destabilise the industry or bring innovations to it. This allows the implementation of scientific and technological progress due to the competition mechanism. The novelty of the study lies in the fact that unfair competition is understood only as an element of violation of economically sound norms for entrepreneurial activity. The authors consider the competition of bona fide type as an element of the formation of saturation of the commodity market. Moreover, the state is considered not only as a source of antimonopoly legislation, but also as a factor in the implementation of the principles of competition in the interests of society as a whole. The practical significance of the study is determined by the possibility of structuring the requirements for competition law on the basis of independent regulation and the additional use of judicial and restrictive measures to spread the practice of competition in any sector of the national economy. Keywords: Competition, integrity, use, structure, entrepreneurship. |
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Abstract: Crimes against human rights and military conflicts within and between states are forcing the international community to take collective responsibility for peace and prevention of such incidents. An important factor in this direction is the accountability of those who commit crimes against humanity. Apart from representatives of the judicial system of each individual country, this role is assigned to the International Criminal Court (ICC). While its role in the investigation of military conflicts and crimes against human rights has been questioned by a series of setbacks, it is impossible to deny the ICC's impact on peace. To identify the role of the ICC in the establishment and protection of human rights, authors analyse closed and open criminal investigations throughout the history of the Court. Analysis of the criminal cases opened in 4 countries is provided, namely: Uganda, Kenya, Sudan, and Iraq. The obtained data demonstrate that investigations are more effective in countries that are members of the Rome Statute. With more power, the International Criminal Court can work more effectively with the governments of these states and hold those responsible for crimes against humanity to account. Thus, in Sudan, the pre-trial investigation in several cases has been going on for more than 10 years, the trial itself has not yet begun. In the Iraq-UK case, the ICC Attorney's Office also failed to obtain justice for the perpetrators of crimes against Iraqi citizens. The authors recommend addressing this factor and consider an in-depth study of the ICC statute. Changes in international criminal justice require flexibility from relevant organisations and their statutes. Keywords: Military conflicts, international law, crimes against humanity, security, judicial investigation. |
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Abstract: The recommendations of the Council of Europe are based on the rich European experience of execution of punishments in the field of criminal-executive law, as well as the generalisation of the positive achievements of the national legislation of the most developed countries in this respect. In its recommendations, the Committee of Ministers of the Council of Europe calls on States to improve the legislation and practices of their respective agencies with a view to increasing the application of alternative sanctions and measures, which should ultimately reduce the number of people held in prisons. The aim of the article is to determine the degree of consideration of the recommendations of the Council of Europe on changes in certain norms of legislation in the field of criminal executive law. The main approach is the methodology of comparative analysis of the domestic penitentiary system and its legal framework in the world and the European Union, as well as the previous system in Ukraine, which has changed in accordance with the recommendations of the Council of Europe. Based on the results of the analysis, the priority areas for implementation of the recommendations provided by the Council of Europe concerning the observance of rights in the penitentiary system have been identified. In the future, it is of interest to compare the legislative support of the penitentiary system in the light of the further implementation of the recommendations of the Council of Europe in the context of the implementation of relevant norms in the domestic legislation and their realisation in practice. Keywords: Criminal executive law, penitentiary system, detention of prisoners and convicts, correctional institutions. |
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Abstract: Infectio us diseases is the subject of increased attention, which causes concern in society throughout the world. In this context, and in order to implement preventive measures, democratisation and protection of human rights are increasingly combined with measures of state coercion. The new challenge today is the COVID-19 pandemic, recognised by the World Health Organisation. Today is pandemic has forced a qualitative rethink of approaches to responding to the health challenges of both individuals and nations. States have gradually begun to use a variety of health measures, including policy and legal instruments, to control the spread and effects of COVID-19. Some states have resorted to criminal law to apply it to health care to prevent infection with COVID-19. A comparative analysis of the features of criminal liability for violating the quarantine regime in the European Union and Ukraine showed the variability of the structures of crimes, however, the unity of difficulties in qualifying socially dangerous acts and, as a result, the impossibility of effective prosecution. It was stated that there was an urgent need for States to recognise that the new coronavirus was a serious health emergency, but that the criminalisation related to COVID-19 was a worrying trend towards prolonging human rights restrictions. Experts are increasingly questioning, in particular, the feasibility and effectiveness of existing criminal law measures on health care and their fragmentary compliance with internationally declared human rights standards, which in the long run will be the basis for the abolition of new criminalised components of crimes. Keywords: Infectious diseases, quarantine measures, preventive measures, mandatory isolation. |
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Abstract: Health 2020: European health and well-being policy. It focuses on supporting the actions of governments and society in the direction of significantly improving the health and well-being of the population; reducing the level of inequality in receiving medical services; promoting the health of everyone; ensuring that the health care system is "human-centred". The position of the World Health Organization is unequivocal – "the most important general health issue internationally" is patient safety (an integral component of service quality). It was proven that the reduction in the number of medical errors and similar health-related situations is the result of the integration and coordination of services through the participation of patients and consumers of medical services. The purpose of the paper is to investigate and compare the features of tort liability of medical workers under the legislation of Ukraine and the standards of the World Health Organisation. Our research is based on such methods as comparative legal method, method of analysis, formal legal method, as well as bibliographic method. Semasiology of the concept of "tort liability" for health professionals in Ukraine has differences in comparison with the WHO standards. Accordingly, the level of patient safety in Ukraine is such that needs to be improved to meet international standards. Keywords: Tort liability, medical workers, patient safety system. |