Наукові статті
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Item type:Наукова стаття, Land Market of Ukraine: Problems of Legislative Regulation(2021) Zemko, AllaThe article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land” was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.Item type:Наукова стаття, CONCEPTUAL PRINCIPLES OF LAW IN THE CONTEXT OF THE DEVELOPMENT OF THE THEORY OF THE STATE AND LAW(2021) Zemko, Alla; Pundor, YuliiaThe specifics of the transformation of the system of legal and social relations, which take place in the world under the influence of globalization and integration trends, results in a change of views on the essence of the theory of state and law, as new conditions change the principles of the legal mechanism of the state under the influence of supranational forms of socio-economic and legal integration, social systems. Therefore, the study of new principles and adaptation of existing ones, on the basis of which the theory of state and law is formed and developed as a basic mechanism that ensures compliance of the legal system of the state with universal principles of law and ensures their fixation in domestic law, promotes application in legal practice and serves as a criterion for defining the state as democratic and legal.Item type:Наукова стаття, Protection of the Right to Information on One’s Health – A Non- Jurisdictional Form of Protection(2021) Zemko, AllaThe article analyzes the theoretical aspects of protection as directly subjective civil rights and defines them within the framework of civil relations regarding the information on one's health. A clearer and complete description of the features of the realization of the right to information on one's health in the normatively established system of protection of subjective rights of a person has been obtained. It has been determined that the protection of the right to information on one's health is exercised freely, and the failure of a person to exercise the right to protection is not a ground for termination of this right. It is noted that during the protection of their violated right to health information, the authorized person may perform certain actions that are not related to the appeal to the competent state bodies and are a non-jurisdictional form of protection. The list of actions of an individual to protect the right to information on one’s health in the case of a non-jurisdictional form of protection of the above-mentioned right has been systematized.Item type:Наукова стаття, The Ecosystem Approach to Guaranteeing the Constitutional Human Right to a Safe Environment(2024) Zemko, AllaThe article aims to analyse the ecosystem approach, which should ensure the constitutional human right to a safe environment. The research methodology was based on the use of econometric, comparison, and graphical methods. Analysing the legal instruments, the study identified ways of harmonising the ecosystem approach with the existing legal framework and policy to improve environmental protection. The need for joint efforts between the state, industry, and local communities to find common positions and the importance of strong institutional capacity, public administration, and law enforcement mechanisms was demonstrated based on data from 37 European countries and Ukraine. It is emphasised that it is possible to achieve a balanced prospect between economic development and environmental protection. The academic novelty of this research is an interdisciplinary approach, a new application of the ecosystem approach to human rights, a detailed analysis of challenges and solutions, and global and local prospects. Prospects for further research are the expansion of the analysis database to the level of world regions to obtain generalised results regarding the provision of the constitutional human right to a safe environment.Item type:Наукова стаття, Legal regulation of environmental protection and climate change mitigation to ensure sustainable economic development(2024) Zemko, AllaIn view of the globalisation of sustainable development and environmental protection, the optimization of the legal regulation mechanism in the field of environmental protection, based on the principles of public administration and the priority of greening all spheres of life, is an urgent issue nowadays. The purpose of the academic paper is to analyse the issues of legal regulation of Ukraine’s “green” course development, to highlight the major trends and to identify promising areas for optimizing legal regulation in the area under study. It has been proven that the conceptual fundamentals of the administrative and legal mechanism for achieving the goals of sustainable environmental development are positioned in the functionality of elaboration and practical implementation of regulations on environmental issues on the basis of publicity of publicity and transparency, accompanied by the intensification of digitalization processes. The practical role of the research results is seen in the possibility of their use as recommendations for optimizing the legal support of Ukraine’s environmental policy in terms of adaptation of Ukraine’s national legislation to the European Green Deal.Item type:Наукова стаття, Institutional evolution of international human rights protection mechanisms in the context of increasing global instability(2026) Visyn, Valentyn; Anishchuk, Igor; Zemko, Alla; Hanych, Olga; Pundor, YuliiaThe article examines the institutional evolution of international human rights protection mechanisms in the context of increasing global instability. It is substantiated that the international human rights regime has evolved from predominantly declarative legal norms to a complex multilevel institutional system that integrates universal, regional, and national mechanisms for the protection of human rights. The effectiveness of international human rights institutions is determined by the institutional capacity to ensure their implementation. The findings indicate the need to strengthen coordination among different levels of the international human rights protection system and to enhance its adaptability to emerging global risks.