3 research outputs found

    The civil legal category of property rights in Ukraine in the context of ECtHR decisions: problems of theory and practice

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    For the moment, ECtHR is one of the most respected and effective human rights institutions, so its decisions have the potential to create a platform to optimize and improve the application of legal rules and legal relations in case of gaps in national law. The study of the civil law category of property rights in the context of ECtHR jurisprudence is a significant step towards modernizing the consciousness of modern Ukrainian society and unifying the regulation of issues related to property. The authors used the method of analysis and the synthesis method as well as the comparative legal method in this research. In conclusion, the authors highlighted that since ECtHR decisions are binding in the administration of justice in Ukraine, there are many problems regarding the correlation between the concepts of "property", "ownership", "intellectual property", etc. The Ukrainian legislator and the law enforcer need to adapt to the flexibility of these concepts to minimize the divergence of views on legal categories that play a decisive role in the exercise of the applicant's right to judicial protection

    Contract law in the conditions of recodification: modernity and future prospects

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    The relevance of the research lies in the study and analysis of the impact of recodification on contract law and the determination of its future prospects. Recodification, which involves a systematic revision and unification of legislation, is necessary in connection with globalization, the development of electronic commerce, and new technologies. The change in social values also creates a need to revise the legal frame, in particular in the protection of consumer rights and compliance with ethical norms. The study proposes to identify problems, propose rational solutions, and contribute to forecasting the future development of the relevant field of law. The purpose of the study is to study the impact of the recodification process on the modern system of contract law and to determine the prospects for its development in the future. The methodological basis of the research is based on a combination of various scientific approaches and methods that allow for a comprehensive and comprehensive analysis of the research subject. Some of the main methodological approaches that can be used in this work include comparative analysis, legal analysis, empirical research methods, theoretical analysis, and historical analysis. Actual problems and challenges faced by the modern system of positive law are identified; the advantages and disadvantages of various models of recodification and their impact on the modernity of the researched field are clarified; an idea was obtained about the possible directions of the development of contract law, in particular regarding unification and harmonization, protection of consumer rights and consideration of ethical norms; recommendations and proposals for improving relevant legal norms in the context of recodification are formulated
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