Ukrainian scientific and theoretical periodical

Founded Published in October, 2001 22001188//44 4 times per year

Kyiv University of Law of the NAS of V.M.Koretskyi Institute of State and Law of the NAS of Ukraine

Editor-in-Chief CONTENTS Yuryi Shemshuchenko Boshitsky Yu. Achievements of Kyiv University of Law for the 100th anniversary Editor-in-Chief deputy of the National Academy of Sciences of Ukraine ...... 4 Shemshuchenko Yu. The leader of Ukrainian legal science at Triokhsviatytel`ska Street. Yuryi Boshytskyi To the 70th anniversary of the V.M. Koretsky Institute of State and Law of the National Editorial team Academy of Sciences of Ukraine ...... 10 Olga Andriiko, Outstanding Ukrainian Lawyers Oleksandr Batanov, Volodymyr Horbatenko, Вondaruk T. Professor Fyodor Ivanovich Leontovych: notes on the intellectual Oleksandr Kostenko , biography (1833–1910) ...... 14 Pavlo Kulinich , Volodymyr Lutc`, State and law theory and history. Philosophy of law Mykola On іshchuk, Natalia Parkhomenko, Kostiantyn Savchuk , Barabash O. The impact of decisions of the European Court of Human Rights Igor Usenko , on the human rights protection in Ukraine ...... 19 Tetiana Khodakivska (editor) Podorozhna T., Biloskurska O. Fair justice as the objective of activities of the judicial authority ...... 23 Editorial team foreign Bihun V. The High Anti-Corruption Court: Philosophical and Legal Analysis members of the Formation of Independent Court and the Integrity of the Contest ...... 26 Rainer Arnold (Germany), Galii M. The legal-terminological content of the mechanism for the protection of human William E. Butler (the USA), rights and freedoms in the acti vities of the National Police of Ukraine ...... 32 Adam Makharadze (Georgia), Ivanov O . Ideology of the Russian Expansionism as a Historical and Legal András Torma (Hungary), Phenomenon ...... 36 Herbert Schambeck (Austria), Kovalyova S. Ordeals in the legal consciousness of European barbarians Andrzej Szmyt (Poland), in V–VIII centuries ...... 41 Veronika Szikora (Hungary), Kubko A. The Legitimate Interests of the State: some theoretical-methodological issues .... 45 Arnold Warenwald (Germany) Kryzhevskyi A. Formation and Evolution proses of the School of Western-Ruthenian Law at the University of Saint Vladimir (the second half of the XIX – beginning Recommended for publishing by Kyiv University of Law of the twentieth century) ...... 50 of the NAS of Ukraine Okipniuk V. The bodies of state security in during the formation Academic Council and strengthening of the Soviet totalitarian regime (1929 –1939 )...... 54 (protocol № 3, 2018/12/21 ) Pavlusiv N., Semenyuk I. Philosophic-legal views of Lev Rebet ...... 59 and by V.M.Koretskyi Institute Serdiuk N. Peculiarities of formation of the public control system in modern conditions .... 62 of State and Law of the NAS of Ukraine Bovkun E. Acquisition, realization and termination of the legal status of the internal Academic Council displaced person in Ukraine ...... 66 (protocol № 11, 2018/12/18) Nastavny B. Mistakes as a legal concept: theoretical and legal aspects ...... 69 Tkachuk L. Legal-defending guarantees of : theoretical Subscription index and legal characteristics ...... 73 23994 Trepack L. Organization and activities of the Bar Association and the Notary Office of the Polish General Governorship during the Second World War (1939 –1945) ...... 77 ISSN 2219-5521

© Kyiv University of Law of the NAS of Ukraine, 2018 © V.M.Koretskyi Institute of State and Law of the NAS of Ukraine, 2018 Constitutional law and process in Ukraine

Rudik P. The features of the competitive selection of judges to the High Anticorruption Court of Ukraine in the aspect of international and European standards ...... 82 Shatilo V. The impact of objective factors on the development of the constitutional mechanism of the state power ...... 87 Gaeva N. State control over the activity of community associations: some legal aspects ...... 91 Moskalyuk А. Overcoming the legal gaps in the constitutional law ...... 95 Panova I. Legal status of associations of local authorities ...... 98 Surzhinsky M. Catalog of additional rights and freedoms of citizens of the European Union (on the example of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community) ...... 102 Bogdanova S. Constitutional and legal interaction between the US Congress and the Supreme Court ...... 106

State governing and administrative law issues. Financial law. Information law Ivanov Y. Legal aspects of critical infrastructure in the credit and banking sector functioning in extraordinary mode and in conditions of a special period ...... 111 Klimova S . Concept and Components of Administrative Regime of Public Finance Circulation in Ukraine ...... 116 Kosse D. Legal regime of tax in the conditions of adaptation of Ukrainian legislation according to the principles of the EU ...... 121 Barbul P. Fundamental legal principles of reforming the organizational structure of the Ministry of Defence of Ukraine ...... 128 Mykytiuk D. Administrative and legal status of a participant in military hostilities in the East of Ukraine ...... 131 Rodik T. The notion and essence of dendrological parks administrative and legal protection in Ukraine ...... 135

Civil, labor and company law issues in Ukraine Vygovskyy O. Legal relationship concerning issue and placement of securities within the system of civil legal relationship ...... 140 Davydova N. Right of the Professor to Academic Freedom as Private Non-property Right ...... 144 Boychuk D. The procedure for the compensation of moral damage inflicted by a citizen on unlawful actions of the bodies conducting operative-search activity, bodies of pre-trial investigation, prosecutor’s office and court ...... 148 Bondareva M. Certain aspects on cooperation between an advocate and a notary in the notarial probate proceeding ...... 153 Guyvan P. Restoring statute of limitations: the right or duty of the court ...... 157 Derii O. Pressing questions of internship in the context of projects of “On the Bar and Lawyer Activities” ...... 161 Snidevych O. The priority in determining the debtor’s property in case of the charge on him: problematic aspects ...... 166 Truba V., Zavertneva-Yaroshenko V. Development of concession legislation of Ukraine in the context of European integration processes ...... 170 Avetisyan M. Some issues of the legal regime of property as part of the content of the organizational and legal form of management ... 176 Bordiuh T. Ensuring the right to life of a conceived, but not born yet child ...... 182 Dudin V. Generalize the differences: the differentiation of legal regulation of labor relations in Ukraine and EU countries ...... 187 Prystay T. Formation and development of legislation – the basis of legal status of subjects of foreign economic activity ...... 191 Tsvietov D. Limited Liability Company with one Participant: peculiarities of legal status ...... 196

Intellectual property law issues Boshitsky Yu. Ukraine's innovation prospects in the context of optimizing the legal protection of intellectual property ...... 201 Shvantner M., Sesitsky E. Legal protection of works generated by artificial intelligence systems: the experience of the EU, the UK and the US ...... 210 Safarov A. The history of intellectual property rights regulation in Azerbaijan ...... 220 Vorontsova К. Inheritance intellectual property rights in the sphere of health care ...... 228 Stroyko I. Modernization of the legislation of the European Union in the sphere of copyright and related rights in the digital age . Impact on Ukraine ...... 232

Agricultural, land and environmental law Isakova V. Fundamental principles of international environmental law ...... 236 Pozniak E. Formation of the institute for ecological legal culture in the system of ecological law of Ukraine: problems and perspectives ...... 241 Suiva I. Legal regulation of the use of animals in agriculture ...... 245 Scherbiak J. Value of the concepts of acquisition and transfer of rights to land in the process of realization by citizens of the right to land ...... 249

Criminal law and criminology

Holovkin B. Corruption prevention mechanism ...... 254 Andrushko A. Victimological aspects of hostage taking ...... 260 Myliar G ., Khovpun О. Use of the expert’s findings as evidence in the investigation of economic crimes ...... 265 Filippov S. Cross-Border Crime : Qualitative and Quantitative Indicators, the Problem of Latency and Polymorphism ...... 269 Bajdalinova A. Analysis of a state of the scientific development of a problem as a stage of the research of professional victimization in Ukraine ...... 274 Mokliak V. Modern strategy for the prevention of terrorist activity in Ukraine ...... 279 Radzivill A. Law enforcement practice of the Supreme Court in cases involving torture in the light of the standards of the European Court of Human Rights ...... 284 Skubak E. Historical background and the current state of criminal law understanding of the concept of “abuse of official position” by civil servants in Ukraine ...... 289

2 Tkachenko Ye. Reviewing the opinions of forensic experts as informal practices – their procedural status and evaluation in criminal proceedings ...... 293

The legal system of Ukraine and international law, comparative legal studies Abdullaev M . International standards on restriction of the right to liberty and security of person ...... 298 Novruzov G. Catalonia and the right to self-determination ...... 302 Popko V. The formation of minimum standards for treating with convicts and detainees in international criminal law ...... 307 Rzaeva P. Constitutional development of the Republic of Azerbaijan and the principle of separation of powers ...... 314 Streltsova Ye . Regionalization of international law and its consequences for the unification of national legislation through international treaties ...... 318 Demchyshyna V. Principles of the European Union Migration Policy ...... 325 Pashynskyi A. The establishment of basic European matrimonial property regimes ...... 328 Savytskyi V. International legal regulation by ensuring the observance of the migrant workers rights at a universal level ...... 332 Khostiuk І. Retrospective of the elaboration of international legal status of the permanent members of the UN Security Council ...... 336

Issue guest Sirenko V. Control as a means of ensuring national interests ...... 341

Students’ forum Kononiuk Y. The history of the emergence of a European asylum system ...... 350 Lehka O. General characteristics of the criminal code of Ukraine on the protection of intellectual property rights ...... 354

Reviews Sirenko V. Review for the Polish-Ukrainian monograph "Actualne problemy prawa Polski i Ukrainy" ...... 357 Batanov O. The constitutional regulation of local self-government in Ukraine and EU member states ...... 359

Scientific chronicle ...... 361

Editorial message ...... 366

The “Chasopys of Kyiv University of Law” submitted to the International scientific metric base “Index Copernicus International” (Poland) The “Chasopys of Kyiv University of Law” (“Law Review of Kyiv University of Law”) submitted to the international scientometric data base HeinOnline by the license agreement of 10.10.14 “Law Review of Kyiv University of Law” is included into the professional publication list “Legal sciences” (by the Highest Certification Committee of Ukraine resolution № 1-05/6, 12.06.02 ; by the Highest Certification Committee of Ukraine resolution № 1-05/ 3, 1 4.0 4.10; Ministry of Education and Science of Ukraine: order № 528, 12.05.15 ).

The editorial office address: 4, Triokhsviatytelska Street, Kyiv, 01601. The editor-in-chief: (+38044) 278-51-55. The editor: (+38044) 235-63-24. E-mail: [email protected] www.kul.kiev.ua

The editor T.Khodakivska . The artist N.Kosyak . Computer premastering: A.Bondarenko

Printed media state register certificate KV № 16356-4828 PR, 19.02.2010 1 Signed for printing 2018/12/28. Format 60 ×84 /8. Offset printing . Conventional printed sheets 42 ,5 . Published sheets 48 ,6. Sheet feed 500 copies. Edition and printing: Kyiv University of Law of the NAS of Ukraine. 4 Triokhsviatytelska St., 01601, Kyiv-1, phone-number (+38044) 278-73-11 .

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