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«Журнал гражданского и уголовного права» – юридический научный журнал.

E-ISSN 2413-7340
Периодичность – 1 раз в год.
Издается с 2014 года.

1 December 20, 2018


Articles and Statements

1. Liubov V. Cherniavska
Features of the Legal Regulation of Innovation in Ukraine

Zhurnal grazhdanskogo i ugolovnogo prava, 2018, 5(1): 3-9.
DOI: 10.13187/zngup.2018.1.3CrossRef

Abstract:
The article is devoted to investigating the legal bases of State regulation of innovation. The main attention is paid to the analysis of the existing legal mechanism of State funding for innovative. The current legal model of State management of innovation activity is not effective. The author considers the main factor that reduces the effectiveness of State regulation of innovation activity in Ukraine is the imperfection of the legal regulation of State financing of investment projects. The existing legal model of State regulation of innovation activity does not provide the proper level of governmental financial support for innovative projects. The transition from budget-estimate model of financing of the State support of innovation activity to model tender procedures can provide real public funding of selected by an open competition innovative projects, and requires substantial modernization of the budget legislation and legislation on investment and innovative activity. The author makes a conclusion about the necessity of revising this mechanism and about the need for modernization of the budget legislation the innovative legislation.

URL: http://ejournal22.com/journals_n/1548153958.pdf
Number of views: 711      Download in PDF


2. Ruslan I. Raimov
Amendments to the Standard Agreement on the Provision of Centralized Heating Services under the Law of Ukraine

Zhurnal grazhdanskogo i ugolovnogo prava, 2018, 5(1): 10-15.
DOI: 10.13187/zngup.2018.1.10CrossRef

Abstract:
The article is devoted to the analysis of the regulatory framework for amending the model contract for the provision of central heating services in Ukraine. The author determined the legal nature of the specified model contract. The essential conditions of the standard contract on the provision of housing and communal services were determined. The determination of the essential terms of the contract for the provision of housing and communal services is directly provided for by the civil legislation of Ukraine. It has been established that the contractor and the consumer are not entitled to depart from the essential terms of the contract for the provision of housing and communal services specified in the Law of Ukraine "On Housing and Communal Services". The author emphasizes the importance of the fact that the model contract can be changed at the initiative of either party. This situation allows you to develop a mechanism to meet the special needs of each party in different situations. Author analyzed the laws of Ukraine and the court decisions. At the end, conclusions were drawn on the possibility of changing the model agreement on the provision of centralized heating services in Ukraine.

URL: http://ejournal22.com/journals_n/1548154006.pdf
Number of views: 696      Download in PDF


3. Anna S. Slavko, Yulia D. Gusak
Legal Regime in Places of Detention: European Standards and Problems in Ukraine

Zhurnal grazhdanskogo i ugolovnogo prava, 2018, 5(1): 16-22.
DOI: 10.13187/zngup.2018.1.16CrossRef

Abstract:
The legal regime of detention in places of detention is discovered in the article. First of all, the authors determine the places of detention characteristics and list of the institutions, which are the places of detention in Ukraine. It was determined that the places of detention are leaded by 10 executive bodies, including the Ministry of Justice, the Ministry of Education, the Ministry of Health, the Ministry of Internal Affairs, etc. An attempt to systematize the Standards for the detention of prisoners provided by the Committee for the Prevention of Torture was made in the article. The authors emphasize the importance of having proper sanitation and hygiene conditions for prisoners. Also the norms of Ukrainian legislation concerning the regime in places of detention were analyzed. In addition, an analysis of the decisions of the national courts and the European Court of Human Rights regarding the imprisonment in Ukraine was conducted. It was pointed out that there were some problems in the functioning of the places of detention (inadequate lighting and temperature conditions, insufficient food, lack of running water in the rooms, etc.). At the end, conclusions on possible ways to remedy the situation are drawn.

URL: http://ejournal22.com/journals_n/1548154059.pdf
Number of views: 682      Download in PDF


4. Vladyslava M. Zavhorodnia, Anastasiia V. Benko
Legal Regulation of Service Animals Use: A Comparative Legal Analysis

Zhurnal grazhdanskogo i ugolovnogo prava, 2018, 5(1): 23-32.
DOI: 10.13187/zngup.2018.1.23CrossRef

Abstract:
The article is devoted to the study of the legal regulation of the service animals use of in foreign countries, in particular, the USA, Canada, Austria, Germany. The approaches to the definition of the notion «service animals», features of their legal regime, the rights of persons with disabilities, using service animals as a means of rehabilitation and social adaptation are analyzed. It has been established that in Ukraine, due to the lack of appropriate legal regulation, the use of service animals is significantly limited, despite the obvious public need. Moreover, this gap in legislation often leads to violations of the rights of people with visual impairment, lack of hearing, or other people with special needs. The study of positive foreign practice made it possible to propose legislative measures in order to improve the current situation.

URL: http://ejournal22.com/journals_n/1548154318.pdf
Number of views: 675      Download in PDF


5.
full number
URL: http://ejournal22.com/journals_n/1548154348.pdf
Number of views: 709      Download in PDF





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