The article studies the problematic aspects of the expert's participation in the civil procedure of Ukraine on the basis of research and analysis of the issues related to: 1) the delineation of the legal position (status) of the expert and the legal position of the specialist; 2) problematic aspects of distinguishing between the concepts (legal categories) of "expertise" and "judicial expertise"; 3) problematic aspects of judicial review; 4) the issue of legal liability of a court expert; 5) expert's opinion at the court session (during the case); 6) the duration of the forensic examination as a factor of unjustifiably long (long-termed) court proceedings. According to the results of the research, conclusions and recommendations of theoretical and practical nature were formulated, in particular the following: 1. A forensic expert is a person who possesses special (professional) knowledge, necessary to clarify the relevant (specific) circumstances of the case, as well as the right to conduct forensic examination, which is of particular importance for the materials of a specific (determined) case in court and a written opinion (expert opinion), which (at the stage of the case) is an independent (separate) source of evidence, along with other existing (available) evidence (written, physical and electronic evidence, testimony of witnesses). 2. The legislator of Ukraine must give due consideration to the problematic aspects of the participation of a judicial expert in civil proceedings in order to resolve (or improve) them. In particular, this concerns the issues of the judicial position (status) of a forensic expert and his legal responsibility, since the accuracy (validity, error) and depth (validity, objectivity) of expert opinions is such that, in some (individual) cases, as practice shows, the expert's opinion (as a result of the forensic examination) may be the main (basic) and perhaps the only (possible) reliable source of evidence in civil cases. 3. Forensic examination shall be conducted only on the basis of the court order and for the purpose of making conclusion (substantiated, objective) on the investigated issues that are or will be the subject of judicial review. 4. The judicial expert (in accordance with the current legislation of Ukraine) must be considered in 3 aspects (as the subject of liability) and can be held liable, namely: disciplinary liability (as the specialist-aspect 1), financial liability (as the subject of civil (economic) legal relations-aspect 2), administrative and criminal (as the subject of procedural activity-aspect 3).
The contribution describes the peculiarities of the protection of the right to property in the case law of the European Court of Human Rights. It has been found that, given the peculiarities of the legal nature of the right to property, it requires state regulation and may be subject to restriction and interference. Attention is drawn to the predication of any potential interference with the right to property on a general principle, according to which everyone has the right to peacefully enjoy their property. The article further clarifies the forms of interference with the ownership of individuals and legal entities by the state, such as expropriation of property and control over use of property. The triple normative regulation of property relations is investigated, and the elements of the relevant structure were covered in detail. The contents of the three-component test, in particular, its elements, such as the legality of interference with the right to property, the legitimacy of the purpose of such interference, and a fair balance between the interests of protection of the right to property and public interests, are expounded with reference to the awards of the European Court of Human Rights. Particular attention was paid to legality provisions. The contribution further dwells on the conceptual and categorical framework of the terms “general interest” and “public interest.” The authors complete their scientific inquiry with appropriate generalisations and a summary.
The introduction of new technologies for diagnosing underground metal pipelines with dangerous surface defects is a practically important task. That is why studies aimed at improving the methods of assessing the quality of deformed metal pipelines and structural elements are necessary and relevant. The evaluation of the effectiveness of engineering and technological solutions for oil and gas enterprises needs improvement. In this context, an important task is to solve the problem of quality control (including durability) of gas and oil transportation systems and the improvement of appropriate metrological support. Based on surface physics and fracture mechanics, development of a methodological approach to assessing the quality and resource of underground metal pipelines (UMP) of oil and gas enterprises, taking into account the constructions strength, corrosion fatigue, parameters of corrosion protection and metrological support. Results of processing of normative documents and scientific works in the field of gas transportation enterprises, as well as methods of surface physics, mechanics of deformed solid body, fracture mechanics, qualimetry regarding the system “pipeline (UMP) – coating”. A new criterion for the strength of the surface of a metal underground pipe is proposed, which characterizes the peculiarities of bond fractures (adhesion) between the coating and the metal. Using the criterion of the strength of a metal tube with a defect in the electrolyte, the dependence of the critical internal pressure of the gas pipeline (UMP) on the geometric and energy (elastic and plastic) parameters of the metal, as well as the current of the anodic dissolution, which characterizes the features of the crack propagation at the bottom of the corrosion cavern. On the basis of surface physics and fracture mechanics obtained, a methodology for evaluating the quality of underground metal pipelines of oil and gas enterprises was developed to determine their resource, taking into account strength, corrosion fatigue, parameters of corrosion protection and metrological support.
The article presents a comprehensive analysis of legal relations in the field of human reproductive activity by studying international and national legal regulation and changes in legal standards caused by the coronavirus crisis. Genesis of the legal regulation of human rights to reproduction has been studied and axiological and value determinants of legal relations in the field of reproductive activity have been determined. Current international standards are positioned as legal standards that affect the ability to determine the number of children, the intervals between their births, the provision of reproductive and sexual health, as well as the relationship regarding the preservation of their own genetic material. It is motivated that international norms establish the autonomy of women for the right to perform abortion in particular and the right to individual determination of human reproductive function in general. In particular, it is substantiated that despite considerable scientific advances, especially in the molecular sphere, reproductive activity as a system requires multidimensional study, including its spatial and temporal definition. In addition, issues related to research in the field of stem cell biology, microfluidics, integration of unicellular transcriptomics, etc. are relevant today, which will help to determine the normal and healthy functioning of human reproductive function. In particular, it will allow studying external impacts and diseases, including endocrine disorders in the body and aging. The national legal norms concerning the right to abortion and other rights in this field are studied. The article is based on the materials of a survey based on author’s questionnaires conducted to determine the level of realization of their reproductive rights by Ukrainian citizens during the pandemic caused by COVID-19. It is proved that the legal policy of states on reproductive rights during pandemic threats has transformed the possibility of free exercise of reproductive law. Today there is a problem of access to reproductive procedures, in particular due to their postponement indefinitely as non-priority, due to the inaccessibility of health authorities, social distance and the ban on crossing the state border, requirement for testing.
Анотація. Стаття присвячена дослідженню нафтовидобувних правовідносин із іноземним елементом у Східній Галичині другої половини ХІХ-початку ХХ століття через призму нормативних та договірних джерел їх регламентації. Увага приділена як загальному правовому режимові нафтовидобувної справи з огляду на акти коронного австрійського права, так і локальній відомчій нормотворчості та договорам із зазначенням найпоширеніших видів останніх, їх характеризуючих ознак, істотних умов, основ правового статусу сторін, умов настання відповідальності та її видів. Ключові слова: договірне регулювання; іноземний елемент; нафтовидобувні правовідносини; нормативне регулювання; правова регламентація.
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