Стандарти Європейського Союзу для внутрішніх водних шляхів України: Директива № 87/540/ЄЕС (Частина І)

Purpose: to investigate the issue of people’s deputies and deputies of local councils liability for their administrative offences and represent separate suggestions for making appropriate changes to the current administrative-delict legislation of Ukraine. Methods: the research has been carried out using generally accepted methods of scientific knowledge, including semantic-cognitive, analytical, comparative-legal, statistical, etc. Results: the particularities of deputies’ legal liability for the commission of administrative offences have been highlighted, the suggestions for the improvement of the current administrative-delict legislation of Ukraine, in particular to change the relevant article of the Code of Ukraine on Administrative Offences have been determined. Discussion: deputies’ liability for administrative offences issues. The article is devoted to the research of administrative liability of people’s deputies and deputies of local councils for their administrative offences, analysis of material aspects of this liability, the legal characterization of certain administrative offences, as well as processual peculiarities of the above mentioned subjects liability for their administrative offences. Today, the current legislation of Ukraine does not have regulatory provisions regarding the peculiarities of administrative liability of people’s deputies. However, the Constitution of Ukraine, certain laws foresee the specific of these persons’ legal status, in particular regarding their immunity and the possibility of legal liability on a general basis. The article analyzes the legal nature of certain categories of administrative offences for which, in the author’s opinion, people’s deputies must be responsible and have the administrative liability on the general basis, types of administrative penalties that cannot be applied to deputies. The issues of the substantive, subjective and territorial jurisdiction of cases on such offences have been investigated. Certain suggestions regarding the appropriate changes to the current administrative-delict legislation of Ukraine have been given. According to the author’s opinion, for the commission of administrative offences, people’s deputies should be liable in a special order. In particular, for the commission of the majority of administrative offences, it is better to apply disciplinary liability in accordance with the Regulations of the Verkhovna Rada of Ukraine. For the commission of certain administrative offences, they should be subject to administrative liability on a general basis. These are offences related to corruption, violation of electoral legislation, non-fulfilment of legal requirements of the National Anti-Corruption Bureau of Ukraine and the National Agency for Prevention of Corruption officials, with certain violation of the traffic rules, etc. At the same time, such penalties cannot be applied to them as a deprivation of the right to occupy certain positions or perform a certain activity, public works, socially useful works, correctional works, administrative arrest, arrest with keeping on the guardhouse. The peculiarities of their liability should be regulated and detailed in the Code of Ukraine on Administrative Offences, first of all, by supplementing it with Article 15-1 «Liability of people’s deputies and deputies of local councils».

Problem setting. Since 2002, after the entry into force of such a legal act as the Law of Ukraine “On Innovation”, within the national legislation of Ukraine was regulated for the first time the legal status of such an object of economic and civil turnover as innovation. The provisions of this normative document were quite revolutionary in terms of the powers of local self-government bodies, which were defined as full-fledged subjects of innovation relations. Despite the fact that the legal regulation of innovation implementation processes exists and improves in our country over the past 18 years, there are still a large number of gaps in regulatory impact, which negatively affect the practical implementation of local (regional) innovation projects. Analysis of recent researches and publications in the work were investigated the works of scientists such as Bielinska, Y. V.; Nezhyborets, V. І.; Orliuk О. P., Butnik-Siverskyi О. B., Myronenko N. М., Petryshyna О. М., etc. Article’s main body. in accordance with the provisions of Part 3 of Article 7 of the Law of Ukraine “On Innovation”, representative bodies of local self-government – village, settlement, city councils in accordance with their competence eliminate only 6 forms of participation in innovation relations. However, as the 18-year experience of legal regulation of the process of application of this norm shows, only a few territorial communities are able to organize the full implementation of a comprehensive program of innovative development of their region. At the same time, the main vector of further expansion of the rights of local governments in the field of innovation has already been determined by the provisions of current legislation of Ukraine. Thus, ratifying the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, the State of Ukraine by Law of № 1678-VII of 16.09.2014, recognized the right to innovation and regional development on their basis is an inalienable right of the territorial community and recognized that such development should take place according to the rules established by the EU Framework Program for Research and Innovation “Horizon 2020”. In our opinion, the forms of participation in innovation activities for local governments provided by EU legislation will allow them to significantly increase the level of socio-economic development of the region and therefore should be reflected in current legislation of Ukraine through the implementation of foreign experience in legal regulation. Conclusions and prospects for development. The current legislation of Ukraine for local governments provides only an exclusive list of forms of participation of such bodies in the innovation process. The analysis of EU legislation allows to determine the role of local governments in innovation processes, as an institution that should provide infrastructure / assistance to other participants through a system of established institutions in which all necessary prerequisites for production and technical support of innovation and close interaction (contact) with the participants of these relations. It is considered expedient to amend Article 7 of the Law of Ukraine “On Innovation Activity” by expanding the list of powers of local self-government bodies in innovation processes. The main directions of expansion of such innovations should be: (a) introduction of new forms of participation of local governments in innovation activities which will be characterized by a higher degree of individuality and selectivity to stimulate the development of those types of innovation activities that meet the needs of a particular region. (b) Granting local governments the right to act as an investor / customer of innovations by concluding agreements with specific economic entities engaged in scientific, research or innovation activities. (c) Imposing an obligation on local governments to control the use of property or resources transferred under the terms of the concluded agreements. (d) Establishing the possibility of financing the developers of innovations only in the case of transfer of property rights (part of property rights) to the objects of intellectual property rights that will be created (may be created) as a result of such financing or security. (e) Obligation of local governments to implement the received innovations through the existing system of utilities, institutions, institutions in the life support system of the region

Introduction. The current Law of Ukraine “On the All-Ukrainian Referendum” uses the term “processof referendum” 266 times, but does not contain a definition of what is meant by this term. Among domestic researchers of referendum issues, few people also take responsibility for defining this concept and identifying its key elements. At the same time, domestic legislation (both current and obsolete) contains an official definition of a referendum, which does not mention the procedural form of its implementation, and therefore does not sufficiently correctly reveal the essence of this type of popular expression. Therefore, modern legal science is faced with the task of developing a conceptual apparatus capable of improving the mechanism of legal regulation, ensuring clarity and comprehensibility of the legislative text, including the procedure for organizing and conducting a referendum. Summary of the main results of the study. In the current legislation of Ukraine and modern legal doctrine, there are different approaches to naming the procedure for organizing and conducting a referendum. In the author's opinion, the use of the term "referendum process" has an advantage over others, since it is of the same order as the names of other types of legal process that take place in constitutional law, such as "electoral process" and "legislative process". Moreover, the term "referendum process" used by the legislator is more sociological than legal in nature, since the word "process" in this context can be interpreted as a synonym for the word "course", while its use in combination with the adjective "referendum" makes a broad interpretation impossible, emphasizing that it is exclusively a type of legal process. The generic feature of the referendum process is that it is one of the types of legal process that are regulated by the norms of constitutional law. This does not raise any reservations and frees us from the need to provide an extensive list of features inherent in all types of legal process, focusing exclusively on those specific features that are essential, most important, those that distinguish the referendum process from all other types of legal process, including those regulated by constitutional law. In the author's opinion, there are three such features. The first among them is the goal of the referendum process, which has a dual nature. On the one hand, the referendum process must legally record the political will of the primary collective subject (the people or territorial community), and on the other, ensure the realization by citizens of the right to participate in referendums. The second essential feature of the referendum process is that it is implemented exclusively in an initiative manner, that is, it has an initiative nature. The third essential feature of the referendum process is its completeness (in the special literature this feature is also called imperativeness). Conclusions. The term “referendum process” used by the domestic legislator is more sociological than legal in nature, since the word “process” in this context can be interpreted as a synonym for the word “course”, while its use in combination with the adjective “referendum” makes a broad interpretation impossible, emphasizing that it is exclusively a type of legal process. Accordingly, from the point of view of legislative technique, the term “referendum process” is more correct. The referendum process should be considered in objective and subjective aspects, which are dialectically correlated with each other as form and content. The referendum process in the subjective sense is an initiative and imperative type of legal process, which is regulated by constitutional and legal norms and aims to legally record the political will of the primary collective subject (the people or territorial community), as well as to ensure the realization by citizens of the right to participate in referendums. The referendum process in the objective sense is an institution of referendum law, which is a set of constitutional and legal norms that regulate the procedural order of legal fixation of the political will of the primary collective subject (people or territorial community), as well as the exercise by citizens of their right to participate in referendums.

The scientific works are studied, as well as the provisions of the current legislation of the Republic of Poland in terms of the regulatory and legal definition of the concept of corruption. The theoretical justifications of Polish scientists regarding the need to consider the phenomenon of corruption through the prism of processes inherent in today's socio-economic realities are established. Common and distinctive features of the method of legally enshrining the definition of “corruption” in the legislation of Ukraine and the Republic of Poland are identified. The absence of a definition of the concept of “illegitimate benefit” and a broad interpretation of its forms due to the use of the attribute “any” are revealed. Therefore, the establishment of property and personal benefit and, as a result, its illegality is a rather general and unclear process that requires recourse to judicial practice. The article emphasizes the differences in the legislative definition of the terms “unlawful benefit” and “unlawful advantage”, as well as their definitions in the theory of criminal law. Even though the Civil Code of the Republic of Poland contains the concept of “unlawful advantage”, the use of its features when establishing “unlawful benefit” is erroneous. Unlawful advantage is a special (separate) type of unjust enrichment, which significantly narrows the list of possible forms of unlawful benefit. It is found that bringing a person to criminal liability for committing acts of corruption is possible not only by applying the legal norms of the Criminal Code of the Republic of Poland, but also by applying the provisions of other laws. Some legislative acts were identified that contain an indication of the unlawful behaviour of a person and possible forms of punishment in the event of committing such an act (Laws of the Republic of Poland “On Pharmaceutical Law” and “On Reimbursement of Medicinal Products, Special Food Products and Medical Products”). It was established that despite the provision of a separate Chapter XXIX “Crimes against the activities of state bodies and local self-government bodies” in the Criminal Code of the Republic of Poland, there are some articles from other Chapters that indicate criminal liability for corruption offenses (electoral, administrative, economic, creditor, tender, etc. corruption). The provisions of several Polish laws establishing criminal liability for corruption-related offenses have been analysed. Discrepancies have been identified between the Ukrainian and Polish legal systems, particularly in the area of extra-codified criminal law provisions. Drawing on the analysis of current Polish legislation and the doctrinal positions of Ukrainian criminal law, potential approaches for incorporating foreign experience to address specific issues have been proposed.

Theoretical and practical features of the management of communal property in accordance with the current legislation of Ukraine are studied. The position on the need to qualitatively expand the content of the existing principles of communal property management was supported. The author is of the opinion that the formation of effective local self-government as part of the goal of the administrative-territorial reform introduced in Ukraine requires, among other things, taking into account the general principles of economic activity, including greater dispositiveness in decision-making by local governments.
 Gaps have been identified within the limits set by the current legislation for the management of communally owned property in correlation with approaches to the implementation of business relations in Ukraine.
 An analysis of the current legal framework governing the boundaries and procedures for decision-making on the management of communal property revealed a lack of declarative rules that determine the prerequisites and procedures for the transfer of communal property from the common property of territorial communities in Ukraine. Author expressed an opinion that the existing procedure of managing objects of property rights of territorial communities, as an element of powers of the property owner, restrains the action of the principle of material and financial independence of local self-government enshrined in the Constitution of Ukraine.
 It has been established that one of the key criteria that should be followed by entities empowered to manage communal property is social orientation in making any organizational and business decisions.
 The idea of outsourcing as one of the most pragmatic ways to improve the efficiency of communal property management is supported given its wide range of optimization properties. The author also noted the possibility of delimitation of powers between local governments to manage the common property of territorial communities in the context of contractual relations established on the basis of voluntary cooperation and mutual responsibility.

The legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine) is considered. The legal aspects related to the change of the existing system of radiation protection of a person from the impact of ionizing radiation, which is based on the approach - «practice» and «intervention», to the modern European system of radiation protection, which is based on situational analysis and the key concept of the updated system, have been studied. what is the exposure situation, which is defined as one of three situations: planned situation, emergency exposure situation, existing exposure situation. According to the results of the study, the need for a comprehensive approach to the implementation of EU legislation in the legislation of Ukraine «on the example of the Council Directive 2013/59/Euratom» is substantiated. In particular, we believe that it is advisable to do this by one separate law, and not in parts, since without the implementation of the main provisions, the implementation of individual provisions leads to problems with their implementation. In our opinion, the Government of Ukraine should develop an «autonomous road map» for each EU directive, the implementation of which concerns the field of activity of more than one public administration body in the field of nuclear energy use, since some provisions of the Directive are not included in the draft laws on implementation, as they belong to spheres of administration of another state administration body. At the same time, aspects of the extensive legislation regulating relations regarding liquidation of the consequences of the Chernobyl accident should be reflected, in particular in the part of radiation protection, which cannot be reflected in the Directive, but belong to the scope of its regulation. Thus, it will simultaneously allow internal harmonization of legislation and avoid the situation of double interpretation of legislation, will contribute to overcoming contradictions, collisions and gaps in the current legislation of Ukraine. In some cases, it is important to carry out the synchronous development of other basic regulatory documents, in particular, new Radiation Safety Norms in order to make a harmonious transition from the existing to a new system of radiation protection of humans against the effects of ionizing radiation. In the future, this will contribute to a more successful systematization and harmonization of the entire array of normative legal acts of nuclear legislation in Ukraine.

Control is explained as a systematic verification of the implementation of laws, directives, resolutions and decrees or as state or public measures for the supervision, inspection, accounting of the activities, behavior of natural and legal persons, i.e. control is an inspection in order to ensure the reliability and legality of the actions specified and the process of tracking the actual implementation of plans. Unfortunately, the legal reference literature and the current legislation of Ukraine do not contain a unified approach to the definition of the legal content of the term «control». The Encyclopedia of Law, for example, defines «control» (French controle – check, from Old French contre-role – a list with a duplicate for verification) – as verification of the implementation of laws, decisions, etc. The article examines the place of the Antimonopoly Committee of Ukraine in the system of bodies exercising control in the sphere of banking activity. It is determined that state control is one of the main functions (forms, methods) of public administration. The degree of efficiency of state control, despite the sphere of its implementation, is mainly determined by the quality of legal support of control activities, a certain level of socio-economic and logistical support of state control bodies, the level of mobility and balance of the system of control bodies. It is the balanced construction of the system of state control bodies that is an important prerequisite for the successful functioning of the entire system of state bodies. Analyzing the variety of laws and by-laws, as well as scientific literature on the issue of subjects of control in the sphere of banking activity, it is determined that control over the activities of banking institutions is a complex system, which has two main directions: external control and internal control. Subjects of banking control can be represented both externally (by state and independent regulatory authorities) and internally. The subjects of banking control by the state include: the Accounting Chamber of Ukraine, Control Departments under the Administration of the President of Ukraine, the State Financial Inspection of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the National Bank of Ukraine, the State Fiscal Service of Ukraine, the State Treasury Service of Ukraine, the State Property Fund of Ukraine, state extra-budgetary funds (such as the Pension Fund of Ukraine), the National Securities and Stock Market Commission, law enforcement agencies and others in accordance with the current legislation. Independent audit firms act as subjects of independent control, and the subjects of internal control are the Supervisory Board, the Audit Commission, the Management Board (Board of Directors), functional divisions of the bank, and its internal audit service. The article thoroughly covers the functions of the Antimonopoly Committee of Ukraine of control in the sphere of banking activity, its important role and importance. The article defines the main functions assigned to the Antimonopoly Committee of Ukraine by the current legislation of Ukraine. On the basis of the study, it is established that in case of violation of the current legislation, material and operational-economic liability is provided for business entities in general, and banks in particular. When writing the article, on the basis of the studied material, it is established that the common type of operational and economic sanctions applied by the authorities are: cancellation of licenses and termination of foreign economic operations. And in case of abuse of monopoly position in the market, the Antimonopoly Committee of Ukraine has the right to adopt a resolution on the forced division of monopoly formations.

This article examines the experience of Armenia and Georgia in refining criminal law mechanisms to combat organized crime and criminal influence. A comparative analysis is conducted of these countries’ approaches to the criminalization of criminal influence and the mechanisms underpinning its social reproduction. Particular attention is given to the legal regulation of «groups that are bearers of criminal subculture» (Criminal Code of Armenia) and the criminalization of the «thief-in-law» status (Criminal Code of Georgia), representing two distinct models for addressing persistent forms of organized crime. It is established that the Armenian model employs a comprehensive approach targeting not only specific criminal acts, but also the structural organization and ideology of the criminal milieu. Conversely, the Georgian approach enforces strict criminalization of symbolic status as a source of latent criminal influence, though it raises concerns about its compliance with the principles of legal certainty and individualized liability. The study substantiates that the current version of Article 255‑1 of the Criminal Code of Ukraine – primarily focused on functional criteria – requires enhancement with deeper characteristics reflecting subcultural, ideological, and organizational dimensions. It proposes expanding the definition of criminal influence to include elements related to the establishment of criminal subcultural norms, resolution of conflicts through unlawful means, and conferral of criminal status within a criminal hierarchy. Additionally, the article analyzes Georgia’s special mechanisms for civil confiscation of property, which effectively undermine the financial foundations of criminal entities, and argues for the implementation of similar mechanisms in Ukraine. Attention is drawn to the absence of sufficient incentivizing provisions in the current Ukrainian legislation – beyond Article 255 – that recognize special grounds for exemption from criminal liability in crimes involving criminal influence. This gap limits the potential to weaken organized criminal structures from within. Consequently, the article proposes amending Articles 255‑1 and 255‑3 of the Criminal Code of Ukraine to introduce the possibility of exemption from criminal liability in cases of voluntary renunciation of criminal activity and cooperation with law enforcement agencies.

The article is devoted to a comprehensive doctrinal study of the principles of independence and impartiality of the insolvency practitioner (arbitration manager) as fundamental foundations of their professional activity in bankruptcy (insolvency) proceedings. The relevance of the research is driven by the reform of the bankruptcy institute in Ukraine and the need to ensure high professional standards for the activities of insolvency practitioners in line with international requirements. The author analyzes the normative consolidation of these principles in the current Ukrainian legislation, in particular in the Code of Ukraine on Bankruptcy Procedures and the Code of Professional Ethics of the Insolvency Practitioner, identifying gaps and shortcomings in the legal regulation. The content of the principle of independence is disclosed through the prism of its external dimension (freedom from influence by participants in the proceedings, public authorities, and interested parties) and internal dimension (freedom from personal private interests). Particular attention is paid to distinguishing between the concepts of «independence» and «impartiality», which in Ukrainian legislation are often used synonymously or substituted by the term «impartiality» (non-prejudice), whereas international doctrine consistently differentiates them as distinct characteristics. It is demonstrated that independence serves as a structural and institutional guarantee enabling the impartial exercise of powers, while impartiality characterizes the internal psychological and ethical attitude toward objectivity. The system of mechanisms for ensuring these principles is analyzed, including the automated appointment procedure, the institution of conflict of interest, recusal and self-recusal, disciplinary liability, and judicial control. Problems in the practical implementation of the principles are identified, in particular shortcomings in the functioning of the automated system for appointing insolvency practitioners, as well as risks of abuse of the removal mechanism. Based on a comparative analysis of Ukrainian legislation with international standards of UNCITRAL and the practice of other legal systems, proposals are formulated for improving the legal regulation of the principles of independence and impartiality of the insolvency practitioner.

The article highlights the contribution of scientists of the Kyiv Law Society to solving the problems of juveniles, their legal personality, as well as the ability to act as an orator or respondent in the civil process. In the essay we made an attempt to determine The legal significance of the concept of legal personality, which consists of such components as: legal capacity, legal competence and delictual capacity under the current Ukrainian legislation. The analysis on legal sources operating on Ukrainian territories in the second half of the nineteenth century was carried out. It showed that all people aged from 14 to 21 were considered to be juveniles, and in turn were divided into two categories by age. In addition, it has been shown that the rights of representatives of different social classes were different, and various additional rules on custody and guardianship which enriched one and limited the rights of others. were constantly issued. This led to the fact that in the early '70s of the XIX century there were about fifteen types of guardianships. It has been noted that the given situation has led to the corresponding difficulties in the regulation of legal relationships, in particular, due to the lack of systematic rules on custodianship and guardianship. It has been shown how the members of the Kyiv Law society raised this issue and tried to initiate its solution at the legislative level. In particular, it has been shown that there wasn’t a general opinion on the matter in the second half of the XIX century. First of all, due to the inconsistency of legal norms in various legal acts. The speeches of the Society members, in which they told about the peculiarities of the current practice on the given issue at that time have been highlighted. From these it has been concluded that the most common was the thought that gave a juvenile a certain independence in the right to sue and answer in court with the permission of the trustee. It has been noted how the inflexibility of the social and legal system hampered the development of civil law, primarily because of the conservative views of the aristocracy regarding the granting of rights and freedoms to other classes of citizens in the country. It has been traced how the development of certain issues of civil law in the activities of Ukrainian scientists led to an increase in the limits of the juvenile legal personality and the current full civil capacity of juveniles in the civil process.

This article is devoted to the study of the legal nature and essence of such an object of civil rights as a temporary structure for entrepreneurial activity (hereinafter referred to as the Temporary Structure). The issue of the legal nature of the temporary structure and its legal regime is relevant in today’s conditions, since the current legislation does not clearly define its legal status, including as an object of civil rights, which in turn creates legal uncertainty in the field of regulation of legal relations on the use of temporary structures. Therefore, special attention is paid to the clarification of the essence of the concept of Temporary Construction as an object of real legal relations through the prism of the current legislation on the basis of practical activity and scientific validity. The article analyzes the norms of the Civil Code of Ukraine, the Law of Ukraine «On Regulation of Urban Planning Activities», the Procedure for the Placement of Temporary Structures for Entrepreneurial Activity, which determine the concept and features of Temporary Structures, the procedure for their placement in cases determined by the current legislation of Ukraine, as well as the features and limits of the exercise of property rights in relation to the latter. Special attention was paid to the characteristic features of the Temporary Structure and the attribution of the latter to the relevant category of things in civil law. The author focuses on the importance of establishing the legal status of the Temporary Structure as an object of property rights. During the study, it was found that the Temporary Structure belongs to the category of things in civil law and acts as a specific object of law of both private and joint ownership. Based on the analysis of the norms of the current legislation, sources of scientific legal literature, and judicial practice, conclusions were made that allow us to consider that the Temporary Structure is a movable thing and a specific object of property rights. The specificity of this object lies in the fact that it has the characteristics of an object of ownership, but the latter does not have a clearly defined title owner. It was also concluded that the legal regime of the Temporary Structure today requires careful attention from the legislator, and therefore the only tool for improving the latter is a clear consolidation at the legislative level of the legal status of the Temporary Structure and the determination of its title owner, which will make it possible to unconditionally consider the Temporary Structure as an object of property rights and provide an effective mechanism for protecting the rights of their owners, as participants in civil legal relations.

Problem setting. The approximation of Ukrainian legislation to the European Union (EU) legislative framework allows for the improvement of systems for the production of innovative medicinal products, particularly advanced therapy medicinal products (ATMP). This, in turn, requires a properly updated legislative framework that must meet EU standards. The adoption of the guideline of the Ministry of Health of Ukraine 42-4.0:2020 marked a new stage in the regulation of the production practice of ATMP in Ukraine. However, the effectiveness of implementing the provisions of this Ukrainian guideline directly depends on the level of consistency of the domestic standards of ATMP manufacturing practice with the standards of the European Union. That is why analysis is necessary to be carried out to define the current state of the Ukrainian system of legal regulation in the field of manufacturing practice of ATMP. Analysis of recent researches and publications. The general characteristics of legal regulation of public relations, which are formed in the manufacturing practice of medicinal products, became the subject of consideration by such researchers as O. G. Alekseev, O. Ya. Andriichuk, S.V. Vasiliev, V. M. Pashkova and others. However, in modern legal literature, issues related to the manufacturing practice of ATMP for human use were not raised. The target of the research is to analyse of Ukrainian and EU legislation regulating the manufacturing practice of ATMP. A rticle’s main body. The regulation of ATMP production within the framework of the European legislative process was directly related to all four categories of the latter, which was finally defined and fixed by the adoption of Regulation 1394/2007/EC of the European Parliament and of the Council, which entered into force on December 30, 2008. Since that time, active work had begun on the introduction of a new category of biological medicinal products (such as ATMP) to Volume 4 of EudraLex, which ended with the implementation on January 31, 2013, of the amended Appendix 2 of Volume 4 of EudraLex, which contained, along with the general rules for implementing good manufacturing practices of medicinal products as well as special regulations related to the manufacturing of ATMP. Subsequently, in connection with the update of manufacturing practice standards and as a result of the adoption of the guidelines on Good Manufacturing Practice specific to Advanced Therapy Medicinal Products (European guideline on GMP for ATMP) in 2018, the provisions of Annex 2 Therefore 4 of EudraLex were changed and no longer applied on ATMP. Following the development of the legal definition of ATMP in Ukrainian legislation, we should note that in the guideline of the Ministry of Health of Ukraine 42-4.0:2013, in contrast to the previous editions, such a category of medicinal products as «high-technology (biotechnological) medicinal products» was used for the first time. The Ukrainian implementation of the European guideline on GMP for ATMP was carried out in 2020. The guideline of the Ministry of Health of Ukraine 42-4.0:2020 was created with a separate guideline 42-4.9:2020 as a part of it. The ATMP was used instead of «high-technology (biotechnological) medicinal products» in the guideline 42-4.9:2020. Conclusions and prospects for the development. During the development of the legal definition of ATMP in Ukrainian legislation, the term was changed from «high-tech (biotechnological) medicinal products» to «advanced therapy medicinal products». The manufacturing practice of the ATMP was first regulated by the guideline of the Ministry of Health of Ukraine 42-4.0:2013, which was based on Appendix 2 Volume 4 of EudraLex in 2013. Then, due to the adoption of the European guideline on GMP for ATMP in 2018, the next Ukrainian guideline was created in Ukraine, namely 42-4.9:2020 as part of the guideline of the Ministry of Health of Ukraine 42-4.0:2020. The guideline 42-4.9:2020 for the first time introduced combined ATMPs as a separate subgroup of ATMP, provided separate measures for the production of combined ATMPs, and also indicated an exhaustive list of all other types of ATMPs that comply with the provisions of Regulation 1394/2007/EC of the European Parliament and of the Council. Although the domestic guidelines are properly harmonized with European standards of ATMP manufacturing, there is a need to adopt auxiliary normative acts designed to implement certain provisions of the guideline of the Ministry of Health of Ukraine 42-4.0:2020.

The article examines the issue of protection of public morality of modern Ukrainian legislation and the direction of resolving this issue in the decisions of the European Court of Human Rights. The urgency of the issue of moral protection is undeniable, because any offence, crime or action that harms others is an immoral phenomenon. The protection of morality, therefore, aims to prevent illegal human activities and criminal acts in the future. The decisions of the European Court of Human Rights are aimed at achieving this goal, which is dictated by humanistic tendencies and social and legal progress. However, the protection of public morality under current Ukrainian legislation does not fully meet this goal of the European Community. The relevant law of Ukraine "On Protection of Public Morality" specifies only some legal bases of protection of society from the distribution of products that may adversely affect public morality, leaving all other issues of morality aside. This leads to such negative consequences as disrespect for the elderly, careless attitude to family responsibilities, degradation of personality, etc., because it is morality that originally exists in society, defining the essence of human nature, which exists in contrast to the animal world. The article analyzes the decisions of the European Court of Human Rights and finds that the issue of legal protection of public and personal morality can be divided into two areas: protection of personal morality in the moral interests of society and protection of morality recognized in society and currently valid. . An analysis of the judgments of the European Court of Human Rights has given grounds to assert that the European Community searches for justice by combining the interests of society and the needs of the individual. The Court recognizes moral and fair interference in a person's private life if such interference: meets an urgent need and a social need; meets the condition of "the need for such intervention in a democratic society"; is proportional to the legitimate aim; directly provided by law within the meaning of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The following are recognized by the European Court of Human Rights as illegal and immoral: systematic storage and use by public authorities of information about a person's private life; use of information relating to a person's distant past.

The article is devoted to establishing the content and features of mediation as a method of resolving labor disputes, analyzing the current legislation in the field of legal regulation of mediation in Ukraine, as well as exploring the prospects for introducing mediation to resolve collective labor disputes, taking into account national and international experience. The article provides a theoretical and legal description of mediation as one of the extrajudicial methods of resolving both individual and collective labor disputes, in particular, outlines scientific approaches to determining the content and features of mediation, and analyzes the trends of consolidating mediation at the legislative level in resolving collective labor disputes. The author notes that at the legislative level, the use of mediation in collective labor disputes requires proper regulation, taking into account the level of conflict in collective labor relations. Analysis of the current labor legislation of Ukraine indicates the presence of legal regulation of the institution of mediation exclusively in the field of individual labor disputes. At the same time, the approval of the professional standard «Labor Mediator», in our opinion, creates a conceptual, methodological and personnel basis for expanding the scope of mediation to include the settlement of collective labor disputes. The powers of a labor mediator are not limited to individual disputes, which contributes to strengthening the institutional capacity of the mediation process in the field of labor law in general. In addition, the draft Law of Ukraine «On Collective Labor Disputes», which is under consideration by the Verkhovna Rada of Ukraine, provides for the first time legislative consolidation of the concept of «labor mediation» in the context of the settlement of collective labor disputes, and also defines the legal status of a labor mediator. The article also examined foreign experience in legal regulation of mediation in the resolution of collective labor disputes using the example of such countries as: Australia, Italy, Germany, Slovakia, the United States of America, Finland, and France. Based on the experience of some foreign countries, ways of improving the legislation of Ukraine in the field of mediation in resolving collective labor disputes have been identified. In the conclusions, the author of the article determined that labor mediation should be considered as a promising mechanism for resolving collective labor disputes, which is based on the principles of voluntariness, achieving consensus and mutual respect of the parties to labor relations. The isolation of labor mediation as an independent type is justified from a regulatory, conceptual and applied point of view, which indicates not the fragmentation of the institution of mediation, but, on the contrary, the institutionalization of a special form of alternative resolution of labor disputes, adapted to the modern social context. The introduction of labor mediation is consistent with the global trend of development of alternative, extrajudicial methods of resolving legal disputes.

The article deals with the analysis of national legislation on granting to a foreign state the jurisdictional immunities in the sphere of private legal relations in a legislation and in international documents, especially in the UN Convention on jurisdictional immunities of states and their property of 2004, the theory of international private law, and also the determination of the prospects of development of the legislation of Ukraine in this sphere. The special attention is focused on the issue of the determination of persons, who are entitled to refer for such immunities, the approaches of distinguishing of «acta jure imperii» and «acta jure gestionis», determination of the circumstances, under which the state gets immunity from enforcement measures. The role of further development of the theory of the restrictive immunity and the harmonization in the practice of the states-members in UN Convention on Jurisdictional Immunities of States and Their Property, which are the first universal international instrument in the sphere of jurisdictional immunities of states, is examined. Taking into account the modern theoretical basis of granting the immunity to the state in the private legal relations and the latest practice of states, the necessity of changing the legislation of Ukraine for using the positions of the theory for restrictive immunities by adopting a special law on immunity of foreign state, are grounded. The specificity of calling of Ukraine as the participant of the international private law to international law account is analyzed in the article. The conception of solving the problem of state immunity in Ukraine (the theory of absolute and functional immunity) has received further development and additional argumentation. It is grounded that putting into the practice the theory of absolute and functional immunity in Ukraine doesn’t favour the defence of its interests from actions of foreign courts that support the theory of functional immunity. It is suggested to ratify the European convention about immunity of states from 16.05.1972 (Basel) and bring the articles of legal acts of Ukraine into accord with principles of the theory of functional immunity. The memoir contains concrete proposals for perfection of Ukrainian legislation, which regulates relations of the state of Ukraine as the participant of the international private law and determines its status as the participant of the international private relations.