Кафедра цивільного права і процесу
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Відповідальна за розділ: Доцент кафедри Цивільного права і процесу Філінович Валерія. E-mail: valeriia.filinovych@npp.nau.edu.ua
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Item Actual problems of the civil process in the conditions of martial law(National Aviation University, 2024-05) Yarosh, M.V.; Ярош, М.В.The topicality of the topic is extremely important in the context of current events in Ukraine. Martial law creates unique challenges for the judiciary and civil society that require special attention. International standards and legislation provide special rules for judicial proceedings in wartime conditions. This applies, in particular, to the protection of human rights, access to justice, settlement of disputed issues in crisis conditions, etc.Item Air carrier`s liability for the Delay in delivery(Національний Авіаційний Університет, 2020-04-01) Kibalnik, YaThe increasing number of air transportations in the world transport system raises the issue of carrier's liability in case of delayed delivery of cargo within the stipulated time. It is also interesting that the legislation in the field of air transportation is invariable, however in practical court cases, lawyers are faced with the problems of determining jurisdiction and determining what rules are applicable: rules of international law or rules of national law.Item Aviation and Transportation Security in USA(НАУ, 2017-04-20) Кметик, Христина ВолодимирівнаItem Brief analysis of the misdemeanor of pimping(Національний Авіаційний Університет, 2020-02-28) Hamâc, D.E.Prostitution can be described as the activity of persons offering sexual benefits and in exchange they receive a payment. This is an illegal phenomenon in various states of the world and is an intensely debated social topic. At the same time, the objective side of a crime is understood as the totality of the conditions required by the incrimination norm, regarding the act of conduct for the existence of the crime, (the object of the crime) touch that consists of a change, in the objective reality called a criminal consequence. The crime of pimping is expressed by an action. It is expressed by the following normative ways of alternative character: exhortation to prostitution; prostitution determination; facilitating the practice of prostitution, taking advantage of the use of prostitution by another person.Item CHANGES IN LEGAL REGULATION OF RIGHTS IN OFFICIAL WORKS(European Science Scientific journal 3/2018, 2018-05) Філик, Наталія Володимирівна; Грабовська, Ганна МиронівнаIn the article the authors research changes in legal regulation of the rights in official works. classification of international instruments in the field of space law. The authors emphasize the differences in regulation of the rights in official works and offer their recommendations for their removal. The authors agree with the scientists on necessity to make amendments to the labour legislation in order to properly regulate the rights in official works. Separate attention is paid to the order of registration of labour relations with the employee as the author of official works.Item COMPUTER-TECHNICAL EXPERTISE AS EVIDENCE IN CASES OF VIOLATIONS OF BANK (CURRENCY) LAWS(European Science Scientific journal 3/2018, 2018-05) Ямненко, Тетяна Михайлівна; Жмур, Наталія ВолодимирівнаThis paper deals with the problems of expertise. In the article expedience of setting of different types of computer-technical examination is examined at proving of bank (currency) offences. Proposed changes to the Regulations on the appointment and conduct forensic examinations and expert research.Item Consumer extremism and the unenviable position of the seller's(National Aviation University, 2019) Filinovych, V.Purpose: to explore the notion and the essence of the consumer extremism (terrorism) and to find out an adequate solution for disputes between the seller and the customer. The methodological basis of the research comprises philosophical, ideological, general scientific and special methods. Results: the concept of the consumer extremism as the illegal action is defined as the dishonest actions of consumers operating under the law, aimed at receiving money from the seller (manufacturer of products, supplier of services) in order to profit from it, and not to renew their violated right. Also the author found out that there is no adequate regulation of this issue in Ukrainian legislation. The author suggested the list of actions to be taken while dealing with the consumer extremist. Discussion: improvement of the national legislation in the sphere of consumer terrorism; search for actions to be taken while dealing with the consumer terrorist.Item Contract killing and its legal qualification(National Aviation University, 2024-05) Pyzhov, M.S.; Пижов, М.С.When considering contract killing and its legal qualification, we must always think about the normative legal acts written in the Criminal Code of Ukraine, we must analyze contract killing also from the point of view of human rights and develop the correct principles for making a correct decision in court regarding such affairs It is also important to consider the details of the Constitution of Ukraine as one of the main bases of the law, which will help in argumentation and evidence.Item COVID-19 Tracing Applications:is There any Privacy Threat?(National Aviation University, 2021-02) Dotsenko, O.The COVID-19 pandemic is one of the most serious challenges of present world. With the increasing number of infected people to millions and the long process of vaccine creation, the latest information technologies are becoming the means of combating the spread of the disease. Thus, in many countries to combat the virus mobile applications for monitoring compliance with the regime of self-isolation and observation have become popular. But in order to counteract the disease, it is necessary to find out with whom virus carriers came into contact and what places they visited, that causes the possibility of collection personal information (personal data, location data, etc.) by such applications via Bluetooth and / or GPS data or WI-FI points. However, despite of the importance of using these applications to prevent the spread of coronavirus, the question arises whether they pose a threat to privacy.Item CURRENT STATE OF MONITORING COMPLIENCE WITH INTERNATIONAL LABOUR LEGAL ACTS(Юридичний вісник повітряне і космічне право № 3(44), 2017) Белуга, Юлія Миколайвна; Жаб'як, А. А.Item Deprivation of parental rights as a type of family legal responsibility(National Aviation University, 2022-11) Riabokon, Yu.V.One of the key directions of Ukraine’s policy towards democracy is the protection of children’s rights and ensuring their best interests. It should include the care of children, protection of their rights and interests, which are fixed at the legislative level, and worth a lot of attention today. First of all, with the birth of a child, a legal relationship arises between the parents and the child, which imposes a number of rights and obligations on the parents. Parents are obliged to raise a child in love for their motherland, teach respect for the rights and freedom of others, take care of their physical, moral, and spiritual health and in general provide their child with everything possible for a fulfilling life.Item Digital Age and Digital Privacy(National Aviation University, 2021-02) Šimkutė, LauraCurrently law is challenging of regulation protection of the main currency – information. Vast amount of significant as well as sensitive information is being collected cheaply and efficiently stored and analysed. Law has to comply with technological changes and human rights. It becomes more and more difficult for law-makers to follow technology changes and ensure that law is effective in securing the right to privacy, to protect personal data and the freedom of expression. Today’s era of social transformation also includes living in a digital age, which relates in particular to the use of computer technology. According to the Internet World Stats Data, in 1995 there were 16 million Internet users, 0.4% of World’s Population, in 2017 51.7% of the world’s population were internet users and in October 2020 there were 4,929 billion Internet users, 63.2% of World’s Population. The numbers have expanded in a short time and the internet continues to grow day by day. Internet users openly create profiles, provides sensitive personal information, i.e. marital status, sexual orientation, and reveal their locations. They pay for seemingly free services with their data and trade privacy for services.Item Domain disputes: problem aspects(National aviation university, 2021-06) Diduk, Alla; Lytvyn, StepanPurpose: the purpose of this article is to clarify the main problems of litigation of domain disputes and suggest ways to overcome them. The methodological basis of the study are general scientific and special methods of cognition. The use of these methods made it possible to describe the problems of litigation of domain disputes. Results: the study found that neither domestic law nor domestic justice is ready to deal with cases related to domain disputes. Because in practice they face the problem of clarifying judicial jurisdiction and the impossibility of applying the rules of international law. The plaintiff faces the problem of identifying the defendant, there are difficulties in proving and the need to file a statement of claim. And the plaintiff, most often, can only be the owner of a registered trademark (mark for services). Discussion: it is possible to overcome the existing problems of litigation of domain disputes by improving the procedure of domain name registration, which will prevent violation of the rights of owners of means of individualization of participants in civil circulation, goods and services, and in case of violation of these rightsItem Domain name in the system of objects of intellectual property rights(National Aviation University, 2022-09) Filinovych, Valeriia V.; Sukhanov, Oleksandr D.; Філінович, Валерія Вікторівна; Суханов, ОлександрPurpose: study the actual problem of determining the place of domain names in the system of objects of intellectual property rights. The methodological basis: generally recognized methods of scientific knowledge, namely: analytical, comparatively legal, systemically structural and others. Results: the definition of the concept of a domain name in the current Ukrainian legislation was studied, a comparative analysis of the concepts of «trademark» and «domain name» was carried out, and topical problematic issues of methods and means of protecting a domain name as a separate object of intellectual property rights and as an object of different legal branches were identified, and also the suggestions for overcoming such issues were presented. Discussion: the discussion in the study is devoted to finding methods to solve the problem of determining the place of domain names in the system of objects of intellectual property rights and methods and means of protecting domain names as separate objects of intellectual property rights.Item Economic Cyber-Espionage in the (Post)COVID-19 Era in Europe: Which (new) Challenges?(National Aviation University, 2021-02) Cristani, F.The present paper offers a reflection on the (new) challenges to economic cyber-espionage that have emerged in the (post-)COVID-19 period in the European region. Economic cyber-espionage in Europe. More and more companies around the world and in Europe are becoming the target of cyberattacks, whose consequences have ranged from money losses and information theft to infrastructure destabilization. By 2021, experts estimate that cyberattacks will cost the world $6 trillion per year. Among the cyber challenges that the economic sector faces (e.g. phishing attacks, ransomware and cryptojacking), economic cyber-espionage is a crucial one, namely the attempt to acquire trade secrets held by companies by the State where they are based or third States or by other (non-governmental) companies (in the latter case, it is more common to talk about ‘corporate’ or ‘industrial’ cyber-espionage).Item Ensuring the safety of international civil aviation as a main principle of international air law(National Aviation University, 2023-04) Kmetyk, Kh.V.; Кметик, Х.В.One of the main principles of international air law – the duty of the state to ensure a high level of safety in relation to any flights – is considered. International air law is an integral system of interrelated and concerted principles and norms assigned between its institutions in accordance with specified legal and material features.Item Entities “rights to” trade secrets: problem issues(National Aviation University, 2023-02-24) Smirnov, O.G.; Смірнов, О.Г.It should be noted right away that the term “right to” trade secret is used by the author only as a conditional, which is not an exact scientific formulation, but actually represents “right of access” to trade secret. Since the meaning of the term “right of access” in relation to the specified object more accurately corresponds to both the physical nature of the content of “information as such” and the legal nature of confidential information in the form of a trade secret. Also, the legislator in the Civil Code of Ukraine gives an idea of the subject of commercial secrets as a person who legally controls such information (Article 505 of the Civil Code of Ukraine).Item European Aviation Safety Rules(НАУ, 2017-04-20) Минюк, Дмитро ІвановичItem Exercise of the subjective right on data compilation (database): problem aspects(National Aviation University, 2023-02-24) Diduk, A.G.; Lytvyn, S.Y.; Дідук, А.Г.; Литвин, С.To be protected by copyright, the database must meet the requirements that are generally imposed on all copyright objects: 1) be creative; 2) be the result of intellectual, creative activity; 3) to exist in an objective form, that is, to be expressed externally in such a way as to be available for perception by other persons; 4) be original.Item Familienrecht von Deutschland(National Aviation University, 2021-02) Krüger, LeonDas Familienrecht deckt alle familiären Beziehungen ab und tritt ab dem Zeitpunkt der Eheschließung in Kraft. Die Hauptthemen des Familienrechts sind Ehe und Scheidung. Die Ehe scheint ein einfaches Verfahren zu sein, aber jedes Land hat seine eigenen Anforderungen und Merkmale, die sich im Verlauf der Ehe ergeben. Vor der Heirat sollten insbesondere Ausländer entscheiden, wo die Heirat einfacher und schneller ist, wobei zu berücksichtigen ist, dass sie im Wohnsitzland anerkannt ist, und ob ein Ehevertrag geschlossen werden soll oder nicht. Nach der Heirat stellt sich die Frage, ob ein Mann eine Aufenthaltserlaubnis in Deutschland erhält, dh es besteht ein Problem der Familienzusammenführung. In diesem Fall ist unter Familienzusammenführung nicht nur die Wiedervereinigung von Ehepartnern zu verstehen, sondern auch die Wiedervereinigung von Kindern aus einer früheren Ehe.