In this article the author analyzes certain systematic administration problems of the Ukrainian marine industry, which directly affect the ways and means of asymmetric response to challenges associated with the attempt of the annexation of the Crimea by the Russian Federation. The attention is focused on the uncertainty of subordination relations between respective Ukrainian state authorities, the transparency and effectiveness of state port control and the threat to lose the flag control functions. The issues of choice between Paris MoU and Black Sea MoU on port state control are discussed. Ukrainian maritime legislation and legislation in the field of inland water transport remain obsolete and ineffective, which leads to constant decreasing on number of ships under Ukrainian flag. It is also accompanied with the regulation gap for the territorial sea and continental shelf so that almost no measures have been taken for recent years to protect national interests in these naval zones. The attention is paid to the poor sufficiency of legislation approximation efforts in accordance with the Association Agreement between Ukraine and EU. The author erects the Azov Sea fishery issues. The emphasizes is made on negative consequences of the Agreement on Fisheries in the Azov Sea signed between Ukraine and Russian Federation in 1993 and unreasonable actions of Ukrainian authorities within its frameworks. The author concludes that the most of the administration problems of Ukrainian marine sector are still far from being resolved, which has poor effect upon handling the Crimean crisis consequences.

The rules have been analyzed for determining the non-preferential origin of goods in accordance with the Customs Code of the European Union in the article. This code discloses the purpose of their separation and application, and worked out in detail and differentiated rules that should apply in one or another circumstance. The need for such a distinction is due to difficulties in determining the country of origin of goods, especially if the production process took place in more than one of them. Summing up, the author observes that there are two basic concepts that determine the origin of goods, namely: “fully manufactured” goods and goods that have undergone the “last significant transformation”. If only one country is involved in production, the concept of “fully manufactured goods” will be applied. In practice, this is limited mainly to goods received in their natural state, and goods made and received entirely in one country. If two or more countries are involved in the production of goods, then the term “last, substantial transformation” that defines the country of origin of the goods is used. For customs clearance of goods it is necessary to define the “nationality” of the goods, that is, to find out the country of origin of the imported products. After classifying a product in the Harmonized System and finding out its value, determining the country of origin is the third key element of the customs clearance procedure. The laws, the regulations and the administrative rules used by governments to determine the country of origin are called “Rules of Origin”. In particular, such non-preferential rules of origin are used to apply the anti-dumping and compensating duties, the administrative tariff quotas, the marking requirements, the trade embargoes or quantitative restrictions.

The article defines the problems of current law enforcement practice in the sphere of ship arrests in Ukraine. It also highlights the necessity of forming a unified position of judicial authorities in order to eliminate ambiguous interpretation of legal norms in ship arrest practice. It is noted that very often in the practice of ship arrest within the framework of civil proceedings, the courts of Ukraine apply to the norms of international law. Among the international legal instruments for the arrest of vessels are the International Convention Relating to the Arrest of Sea-Going Ships of 1952 and the International Convention on Arrest of Ships of 1999. However, since Ukraine is not a party to the Convention of 1999, Ukraine is currently subject to the rules of law, which regulate the issues of ship arrest, provided by the Convention of 1952 and chapter 4 “Arrest of ships” of the Merchant Code of Ukraine. It is noted that with the adherence of Ukraine to the Convention of 1952, certain provisions of the Civil Procedural Code of Ukraine concerning exclusive jurisdiction, which were effective from May 16, 2012 until December 15, 2017, were subject to significant changes, and that the current legislation of Ukraine provides for a special procedure for the execution of a court decision on the arrest of a ship. The author also notes that in some cases on the arrest of ships flying a foreign flag, the courts of Ukraine referred to the norms of the Merchant Code of Ukraine, which cannot be applied due to the requirements of Article 14 of the Code. The lack of a general approach in court practice involving ship arrests in order to secure maritime claims indicates the need to form a unified position of the judicial authorities in order to eliminate the ambiguous interpretation of the applicable legal norms

The article deals with the peculiarities of the implementation process of the conventional rules about the prevention of marine environment pollution by sewage from ships and transported harmful substances in the national legislation of Ukraine. The object of research is the domestic mechanisms for the implementation of the rules of the MARPOL 73/78 Convention. The subject of research is a set of social relations that come up with the realization process of the norms of international and national law in the field of the protection of the marine environment. The nature of international obligations with respect to the domestic implementation of the MARPOL 73/78 conventional standards in the legislative base of Ukraine is researched. The article analyzes the standing orders of international agreements ratified by Ukraine and the rules of national legal acts devoted to issues of protection of the marine environment and prevention of its pollution. The practical realization problems of technical norms and standards, which are contained in the annexes to the MARPOL 73/78 Convention, are determined by subjects of the sea-economical complex. The safety of navigation is the most serious problem in the maritime transport, from which protection of the life of crew members and passengers on the vessel and saving of the cargo depends on the successful solution of this problem. The efficiency and forcefulness of norms in the field of marine environmental protection is possible if only the international conventions are fully and comprehensively complied with by all, without exception, by the subjects of international maritime law. The improvement of the current legislation of Ukraine regarding the protection of the marine environment is the most important task of modern rule-making activity, legal science and practice. The reasons for the weak regulatory action of the law enforcement legislation are insufficient provision of the enterprises with technical facilities for the effective cleaning of seawater and sewage, and the inspection organizations – with devices for controlling the pollution of the marine environment.

The urgency of the issue is determined by two parallel reforms taking place in our country: the reform of the law-enforcement system and the reform of the system of local self-government, aimed at the substantial extension of the rights of territorial communities. The article deals with the legal regulation of the interaction of territorial subdivisions of the National police with local self-government bodies in the field of ensuring public security and order. A particular attention is paid to co-operation with crime prevention and joint prevention plans, since security is one of the basic human needs, and police and community cooperation is the best way to provide it. Analyzing the legislation of Ukraine, which partially defines the interaction of the territorial bodies of the National police and local self-government in the field of public security and order, the author notes that they are talking about different forms of interaction, however, there is no procedure that would include a mechanism for implementation of such interaction. The proper organization of interaction between law enforcement bodies and local self-government bodies is possible due to the legislative consolidation of the Procedure of interaction between the National police and local self-government bodies in the field of public security and order security. It will allow the concerted actions of different actors to be achieved, unite and maximize their efforts and opportunities in the protection of public safety and order, avoid duplication of functions, and involve more people in preventive work. According to the results of the study, a drafting and an approval of the Regulations on the interaction of territorial subdivisions of the National police with local self-government bodies in the field of public security and order provision are proposed.

The Ukraine`s ratification of the Association Agreement with the European Union on September 16, 2014 significantly influenced the course of further institutional reforms in the state. One of the fundamental criteria for European standards is the degree of decentralization of political power. The quality organization of local power has become a large – scale and a long – term process of complex reforms on the path to the European integration of Ukraine. In the article the conceptual principles of implementation of the principle of subsidiarity in Ukraine are researched. Today, the principle of subsidiarity is the main feature of the interaction of all levels of government in Europe. In particular, this is defined by the European Charter of local self – government. The introduction of this universally recognized and binding document for the member states of the Council of Europe remains a topical task in modern Ukraine. The approval of this principle is one of the key steps in bringing local government in line with European standards in Ukraine. The author states that there is some evidence of the implementation of the principle of subsidiarity in the implementation of the activities of local self – government bodies of Ukraine. Changes to the Tax and the Budget Codes of Ukraine initiated the process of decentralization, namely, the extension of the right of local authorities to their own adequate financial resources. But the incompleteness of the process of association of the communities, the lack of experience in public administration, etc. impede the implementation of reforms. Active evolution of local self – government bodies into effective public institutions that are capable of self – management, but with existing mechanisms of public control to manage the territories, promotes the gradual transformation of the latter into an effective resource for the implementation of the European integration policy of Ukraine and thus ensures the approximation of the Ukrainian government to the European standards. The principle of subsidiarity can work quite efficiently and become a fully fledged conceptual basis for an effective interaction between the state, the local self – government and the civil society in Ukraine.

This article is devoted to a comprehensive study of the issues and specifics of the protection for the unregistered fashion designs in the US. The essence and content of the legal nature of unregistered fashion designs is determined. Author states, that one of the main reasons why clothing design calls for more protection nowadays than before is a result of a fact that fashion designs can be copied so easily these days that sometimes they can reach retailor shops before the original products will be available for the consumers. Counterfeit goods are usually created as a simple copy of the original design without any input, so the time consumption is not as high as during the creation of the original design because there is no need in creating something new, thus the innovative process decreases. As well, in order to sell counterfeited products at a lower price point than original one usually cheap labour is used and working hours are limited in order not to pay more for the production. It is mistakenly concluded that counterfeit products and original models cannot compete because from the very beginning they were made for different markets. Nowadays some designs are so well imitated that sometimes it is impossible to make a distinction. Thus, for some consumers who can afford original product there is a choice either to buy a good copy but cheaper or to buy a product from an authorised boutique. As long as this choice exist it is impossible to claim that counterfeits do not cause any damages for fashion industry. By choosing the counterfeit products consumers make a demand for a future production of it and this circle is growing rapidly. The issue of formation and current state of the legal provisions for the protection of the unregistered fashion designs in US is determined and analyzed. The case law is analyzed. On the basis of the following research, ways of improving the legislation of the US in this field are proposed.

The article is devoted to the study of the provisions of the current Ukrainian legislation and the provisions of Council Directive 87/540/EEC with a view to determining the conditions for its implementation and realization of its provisions in Ukraine. The place of the Directive in the system of Ukrainian legislation has been determined. Besides, conceptual-terminological apparatus, namely, the terms “implementation”, “realization”, “adoption” are analyzed in the contest of the theory of state and law, administrative and international law. Additionally, attention was drawn to the fact that in the modern legal doctrine and at the legislative level (normative-legal definition) there is no single definition of the content of the concept of “implementation. Moreover, normative-legal definition of the term encompassed by the terminological combination “realization” in relation to the provisions of the regulatory act does not exist either. Furthermore, it was proved that it is necessary to adopt a provision on the introduction of special rules governing access to the movement of goods by national and international waterways in order to improve the qualifications of carriers. Also the authors mentioned that implementation should be considered as a preparatory stage necessary for the timely, complete and full implementation of the provisions of international law. Finally, the authors noted that implementation of Council Directive 87/540/EEC provides for its further implementation on the basis, within the limits and in the manner prescribed by the current legislation of Ukraine.