The purpose of this article was to scientifically analyze the current trends in the development of civil law in the modern reality, on which follow the authors' proposals to improve its evolution and adaptation. The methodological basis of the study included philosophical approaches, as well as general and special scientific methods of knowledge that meet the main objectives and tasks set in the research. According to the results of the study, civil law today is different not only in the application and protection of rights, compared to the original approaches established by the developers of the current Civil Code and, special sectoral legislation, but also in the change in the paradigm of normative and legal regulation. Everything allows to conclude that, in summary, the authors offer specific recommendations for updating the provisions of the Civil Code of Ukraine, which I include also proposals for changes in civil law. Definitely, civic reflection on all the issues raised in this study makes it possible to consider the problems from a new point of view and to offer, accordingly, comprehensive options for their solution, taking into account the prominent place of the Civil Code in these processes.
The decentralization is not a new phenomenon for Ukraine. The processes, directed to establish and to develop the local self-government according to European model, going away from complete subordination of local power to the state power during Soviet times, were activated since the state acquired the independence. The purpose of article is to study how the processes for decentralization of power, finances, etc. are run under conditions of financial, economical and political crisis that take place in Ukraine and countries of Europe. The local self-government and decentralization of power shall ideally have the connection with the territorial community. The decentralization of power in Ukraine is not the aspiration of territorial community but the attempt to remove someone from power, to divide the power, being received, between other people. It is necessary to establish the regulatory background for development of local selfgovernment, as well as to work out and to implement the norms for division of receipts from general state taxes and duties into practice. In our opinion, the abovementioned vision is not only the understanding of decentralization but the understanding of local self-government itself. When the processes, related to development of rights at territorial communities or other territorial formations, start in the totalitarian country, where the real local self-government is absent, in this case one can speak about decentralization of power. That is to say, the state transfers the part of its functions to the communities. If the local selfgovernment already exists, if the budget legislation assigns the corresponding receipts (assigned, own, regulating incomes) to the budgets of different levels, if the will is implemented in communities (through elections, referendums), so, this means that the power is already decentralized.
The objective of the article was to analyze the dialectic of rights and responsibilities in education. The importance of education is so great that the thesis of the responsibility of the person to receive education has now been recognized. In order for the right to education to be exercised, the domestic law of states provides for a set of responsibilities for participants in the educational process, the implementation of which actually guarantees access to education. The real economic opportunities of States have a great impact on the real content of the dialectical process of interaction of rights and responsibilities in the field of education. The relationship between the participants in the educational process is regulated at several levels: first, the rules of domestic law and then the contractual level, represented by the statutes of educational institutions, comes into force. It is concluded that, in the most advanced systems, there may be a level of intra-group agreements that are completely voluntary. The practical content of the educational process is influenced by several factors, including ideology, the objectives set by a given society, the traditions and customs that have developed in it.
Ukraine has chosen its way of development towards Europe, European values and respect for human dignity and human rights. The signing of the Association Agreement in 2014 obliged Ukraine to harmonize its legislation in priority spheres of life with the legislation of the European Union. But legislative approximation should touch not only upon the fields of public law, but private law too and, in particular, tort law. The main problem of tort law approximation is that there are no joint tort rules in the EU. All attempts to harmonize tort law stopped at the creation of acts of “soft law” – general non-binding rules and principles. One of the most significant examples is the PETL – the Principles of European Tort Law. The PETL show a modern understanding of torts, spell out the conditions of tort liability, as well as other relevant requirements. Ukrainian rules of tort law do provide protection of a victim’s violated rights, however some recommendations of the PETL, such as provisions governing the conditions of tort liability, the understanding of causation and fault should be taken into account when Ukrainian tort law is modernised.
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