Purpose. Compliance of statutory and regulatory requirements as for mineral mining, made while subsurface using, mines inspectorating, bringing to responsibility, and creating prerequisites for providing legal guarantees of those who mine the deposits, have been studied. Methods.The studies are to make sequential comparative analysis of the current statutory and regulatory requirements, determined by the Subsurface Code of Ukraine, and Mining Law of Ukraine concerning mineral mining and identifying a level of their system harmony.Findings. It has been determined that a complex of the basic requirements for mining of the deposits is formed within corresponding system of subjects of subsoil use at each component of use -inspection -responsibility chain; it is obvious thing that their correspondence has a potential for harmony. New levels of differentiation of the requirements for deposit mining have been determined. It has been mentioned that the requirements for mining involve not only subsoil as a general object; they also concern such objects of the next level as deposits, mine takes, reserves of the minerals, useful components, overburden rocks, mining waste etc.Originality is to substantiate the available disbalance between statutory and regulatory requirements made for deposit miners, orders by mining and subsoil laws; it is proposed to classify the requirements according to their subjectobject composition as well as to time (stage) of subsoil use.Practical implications is in the possibility to use the results in the process of lawmaking activities and lawenforcement activities, for studies, connected with further development of a mine law theory, for teaching chapters belonging to legal responsibility in mining, and practices of law enforcement officers and mining enterprises.
Purpose is to study and develop the economic and legal model of small atypical coal mines basing upon the analysis of the operations under contractual condition of public-private partnership as well as upon adequate legislative and engineering support in the context of pressure of internal and external factors. Methods. The study has been carried out with the use of economic and legal approach being the evaluation of actual technoeconomic activities of the two market participants, i.e. small atypical mine and state-owned mining enterprise, identification of their interaction problems and determination of obstacles preventing from their cooperation. Component two of the approach is the analysis of available (legal) mechanisms for regulatory management of relations between the two market participants as well as formulation of appropriate proposals to conclude such an economic agreement which would satisfy demands and involve governmental interests and interests of a private investor (partner). Findings. It has been determined that economic contracting under the conditions of engineering as well as procedural and institutional operational dependence of a small atypical coal mine, and hypothetical liquidation of a state-owned coal mining enterprise is possible under the conditions and in accordance with the procedure by the legal system of Ukraine. A type of agreement concerning mutual provision of services with the required appendices has been identified to normalize production activities, to control operational safety, and to minimize the socioeconomic results of such potential conservation (liquidation) of unpromising mines. Originality. Innovative model of legal support for a small atypical mine establishment and operation has been developed which has never been formulated in such a proposed manner in Ukrainian scientific sources, and in the foreign ones. Practical implications. The study results may be applied to develop business relations in the context of a coal industry, i.e. to establish small atypical mines, to solve the severe socioeconomic, investment, and environmental problems of coal mining Ukrainian regions with unpromising mining objects, and to exercise influence on the contents of a concept aimed at extraction industry reforming as well as its implementation plan.
Purpose. Providing general characteristics, types and concepts of legal relations in the coal mine methane industry (CMM industry), revealing specific features of coalbed methane as an object of international, European and constitutional legal relations caused by its natural dichotomy as a harmful substance greenhouse gas, on the one hand, and material and/or energy resource a mineral of national importance, on the other. Methodology. During the research, general and special research methods such as dialectical, comparative legal, formal-legal, formal logical, comparative, system structural and system functional methods were used. Findings. It is proposed to differentiate economic activity in coal mine methane industry into types corresponding to the specifics of content, object composition and the legislation field regulating it. It is established that for mining and subsoil legal relations in the CMM industry, subsoil, mining and subsoil mining objects can act as generic objects in which coal mine methane to be extracted is concentrated. The authors understanding of the moment of transferring property to coal mine methane is reasoned, as well as its consideration as an object of law of property various forms, based on the connection of methane with subsoil. The main features of coalbed methane as a direct subject of constitutional and legal relations and as an object of international and European legal relations are determined. Originality. The classification of types of legal relations in CMM industry of the general level, based on the natural dichotomy of coal mine methane, has been developed. Definitions of legal relations in CMM industry, environmental safety of objects of legal relations in CMM industry, as well as the features of coalbed methane as part of the property of the Ukrainian people, world climate policy and European green course. Practical value. The practical significance of the results consists in the possibility of using them in research and educational activities by scientists and researchers in higher education, lawmaking, law enforcement and judicial practice in the process of improving national legislation, investigating and reviewing legal cases in the field of using and emitting coal mine methane.
Introduction. Computer programs (CP) are one of the newest objects of intellectual property. Neither the norms of copyright or patent law, nor attempts to develop separate legislation have enabled creating a legal mechanism that would not cause significant complaints from stakeholders. Problem Statement. An analysis of the historical factors that led to the choice of different approaches to the legal protection of computer programs enables to better understand the system in each country, to choose the most appropriate ways to acquire the rights and protection of these objects of intellectual property, to defend their property and non-property rights, and to look for new, more reasonable and efficient ways of solving problems in this field. Purpose. To study the world history of the formation and development of legal protection of computer software by the rules of copyright and patent law. Materials and Methods. Critical review of literary sources on intellectual property and computer science, comparative analysis of international and national legislation of various countries, study of judicial practice that has had the greatest impact on the practical solution to the problem of protecting computer programs. Results. The main stages in the history of the development and formation of ways of legal protection of computer programs have been identified and characterized. Intellectual property and computer sciences materials, international and national legislation of different countries, jurisprudence, the most important historical events and outstanding inventions in this field have been analyzed. The dominant position of the computer program copyright protection has been established not always to correspond with the rights and interests of their authors who increasingly support the introduction of alternati¬ve, patent and legal protection of computer programs by special legislation rather than by the precedent law. Conclusions. It has been proposed to introduce a hybrid copyright-patent way of CP legal protection, which would combine the advantages of both methods, as a compromise solution to the problem of competition between the CP legal protection by means of the copyright and patent law.
The article addresses general issues of applying the regulatory adopted term “precious stones” regarding forensic examination practice in Ukraine, including in the field of subsurface resources management and gemological evaluation of jewelery. It is shown that domestic legal framework requires to introduce a separate law on gemstones circulation taking into account general principles of property valuation and consumer rights protection. The Article Purpose is to formulate an author’s contribution to the analysis of problems connected with disclosure of gemstones legal nature in the field of forensic science and the development of proposals for their possible overcoming. The necessity in special legal regulation of activity on mining, production, use, storage of gemstones and manufactures thereof, forensic examination and control over operations with it, is defined by intensity of its circulation as well as by the character of legal objects: their rarity in nature, high cost, easy falsification, and, consequently, by increased attention from fraudsters and criminals. The current situation demands to adopt corresponding regulatory measures aimed at ensuring valuables economic use, protecting gemstone consumers from fraud, preventing the use of valuables while legalizing acquired illegally funds. According to the authors, the article outlines three components of which legal nature of a stone is formed in forensic science: 1) the meaning content in which the term “precious stones” is used in gemological legislation; 2) criteria which are the basis of gemstones classification; 3) unambiguity and clarity of definitions associated with gemstones in forensic legislation. The term “gemstones” in forensic science has subsidiary meaning, since in this case the stone cost should possess a dominant meaning as an object of forensic gemological analysis. Existing gemological classifications are not of modern scientific and practical interest, as the lack of a gemstone cost indicator makes them declarative in terms of forensic science. Forensic gemological analysis should be guided by the requirements of gemological, forensic and procedural branches of legislation, and precious stones acting as its object should be considered as property (goods) which is characterized by specific signs of a physical, economic and legal nature as well as an identifier.
Analysis of existing systems for expert grading of amber samples showed that their main disadvantages are, in general, consideration of only standard quality criteria (weight, colour, inclusions), as well as the lack of evaluation of rare and unique samples. Today in Ukraine there is, in fact, a state monopoly of pricing in the form of an official price-list for raw amber, developed by the State Gemmological Center based on the global market prices. The authors believe that this document does not fully take into account the costs associated with exploration, mining and taxation on the amber market. This deprives the direct users of the amber-bearing areas themselves of the opportunity to determine the criteria for the quality of rough amber and to develop the corresponding price lists. The created method of gemmological-consumer indicators allows for a transparent and understandable formation of the cost of individual amber samples. The value of raw amber determined in this way corresponds to the consumer values of the product, not taking into account processing costs. The sum of consumer properties of amber in items (shape, size, colour, transparency, presence of inclusions, quality of processing – polishing, artistry, etc.) is taken into account, thus satisfying the physiological and aesthetic needs of consumers for the product. To make the consumer properties of amber identifiable, it is necessary to provide the sample with a marketable condition. The criteria for the quality of amber in products have been developed. It is shown that each type of product is characterized by a set of properties that are criteria for product quality. In fact, this is a tool with which one can determine the type of product in the raw material, having previously determined its quality. Comparing the obtained data on the quality of raw materials with the criteria for the quality of products, it is possible to predict the type of product. The operation of the technique is illustrated by examples of two samples of amber containing inclusions. A method for determining the cost of individual samples of amber has been developed, the essence of which is the sequential fixation of gemmological and consumer properties of the sample with their subsequent transformation into an alphanumeric code, the total value of which forms an individual indicator of the sample (a set of individual qualities of the sample), which correlates with its cost. During the expert assessment of rare and unique samples of amber, their scientific, collection, aesthetic and artistic features must additionally be taken into account, establishing the uniqueness of these objects of examination. The method is designed for the symbiosis of individual natural (gemmological) parameters of the sample (size, beauty, presence of inclusion) with a set of consumer properties: shape, size, weight, colour, transparency, fracturing, presence of inclusion, presence of inclusions, polishability, value for science, collection, artistry, etc. The method covers the entire life cycle of amber from raw material to the final product, for which the sample is chosen as optimal in terms of economic, technological and gemmological-consumer indicators.
У статті розглядаються ключові еколого-правові проблеми сталого розвитку міст і регіонів в умовах повоєнного відновлення. Досліджено питання Європейського зеленого курсу та декарбонізації економіки як важелю впливу на сучасну еколого-правову систему України. Уточнено, що надро-енергетичні, електроенергетичні, господарсько-енергетичні, економіко-енергетичні відносини, а також відносини в сфері теплозабезпечення потребують першочергової уваги в рамках Європейського зеленого курсу та декарбонізації економіки. Охарактеризовано співпрацю України та ЄС в галузі забезпечення екологічної безпеки постконфліктних міст і регіонів. Аргументовано, що така співпраця передбачає передусім реалізацію екологічних положень Угоди про асоціацію з ЄС з урахуванням того, що планована діяльність, спрямована виключно на ліквідацію наслідків військових дій на території та в період їх проведення, не підлягає оцінці впливу на довкілля. Здійснено аналіз еколого-правових проблем сталого розвитку вугільних регіонів в умовах економічної трансформації. Обґрунтовано висновки щодо мілітарної трансформації техногенно-екологічної безпеки постконфліктних міст і регіонів. Конкретизовано, що найгострішою проблемою техногенно-екологічної безпеки постконфліктних територій є мілітаристське забруднення, на усунення якого необхідно спрямувати заходи військового, оперативного та гуманітарного розмінування. Проаналізовано еколого-правові проблеми сталого поводження з промисловими відходами в містах в умовах повоєнного відновлення. Розглянуто питання підвищення ефективності поводження з відходами видобутку, збагачення та переробки мінеральної сировини (мінеральними відходами). Запропоновано створення у складі спеціального фонду Державного бюджету України Державного фонду поводження з мінеральними відходами, що дозволить акумулювати ресурси безпосередньо для фінансування природоохоронних заходів у цій сфері.
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