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result(s) for
"Yesimov, S"
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Organizational and legal principles of information security of enterprises in the conditions of martial law in Ukraine
2024
Purpose. To investigate the peculiarities of organizational and legal provision of information security (IS) in the conditions of martial law (ML). To propose changes to legislative provisions to improve legal regulation in this area. To develop systematic measures to balance the rights and obligations of individuals and legal entities in the field of IS in the conditions of ML. Methodology. The general scientific and special legal methods of cognition are used: hermeneutic method allowed us to substantiate expansion of IS field; content analysis – to determine organizational principles of IS of enterprises in conditions of ML; structural and legal – to propose indicator conditions for legal norms; special-legal – to propose system of local regulatory acts for the legal provision of IS; comparative legal – to propose special legal regime for IS of enterprises. Findings. It is indicated that during the state of war, the IS field of enterprise expands significantly and becomes an element of the national security system. The peculiarities of organizational and legal support and the basic organizational principles of IS of enterprises in the conditions of ML are determined. It is proposed to introduce a special legal regime for implementation of IS of enterprises in conditions of ML and use of the state’s capabilities in this area under specified legal regime. Amendments to the articles of Special Part of Code of Ukraine on administrative offenses are proposed for effective regulatory support of the special legal regime for implementation of IS of enterprises Originality. A legal tool is proposed to limit dissemination of information about a company’s activities – the introduction of local law documents to classify information about the company’s activities during ML into category “with limited access”. Indicator conditions and additions to legislative norms are proposed. Practical value. The developed proposals, indicator conditions and additions to legislative norms will contribute to strengthening the IS of enterprises.
Journal Article
The legal mechanism for environmental protection in Ukraine
by
Bernaziuk, O. O
,
Tarnavska, M. I
,
Yesimov, S. S
in
Administrative law
,
Codification
,
Cognition
2023
Purpose. To study the aspects of implementing the legal mechanism of environmental protection (LMEP) and the requirements for it. To propose a definition of the “LMEP” concept. To develop recommendations for improving the legal mechanism, propose measures for its implementation and determine its main components. Methodology. The study uses general and special methods of cognition: comparative analysis – to establish LMEP indicators; critical analysis – for formation of requirements for LMEP and its definition; abstract-logical analysis – to determine the need for strategic dynamic approach to the implementation of LMEP; induction and deduction – to offer tool of “feedback” between the implementation of legal norms, and the effectiveness of their practical implementation; logical abstraction - for development of recommendations improving LMEP, measures for its implementation, its components, and the codification of environmental legal provisions. Findings. The requirements for the LMEP implementation are specified. Indicators for evaluating the LMEP effectiveness are proposed. “Feedback” tool between the implementation of environmental and legal norms and the effectiveness of their practical implementation and mechanism for the gradual adaptation of these norms are proposed. The definition of the concept “legal mechanism of environmental protection” is proposed. The absence of systematic approach and the insufficiency of analytical work at the stage of preparation of normative legal acts and after their adoption are pointed out. Specific ways of solving this problem are proposed. In order to prevent offenses, the need to increase the role of administrative justice in environmental protection cases and to expand the application of administrative law for this purpose is indicated. Originality. The necessity of forming a strategic dynamic approach to the implementation of LMEP and adjusting the adoption of its stages in view of the effectiveness of tools for the development of legal and environmental awareness of citizens is indicated. Practical value. The proposed regulatory clarification of the concept of “significant damage” will strengthen compliance with the principle of matching the violation with the punishment.
Journal Article
Legal support of labor protection standards under martial law
2023
Purpose. To study the peculiarities of legal provision of labor protection issues in crisis conditions, in particular in conditions of military operations, to propose conditions-indicators and additions to legislative provisions for the improvement of legal regulation in this area and harmonization of the labor law norms introduced during the war with the existing norms of legislation. Methodology. General and special methods of cognition are used: content analysis – to establish that even indirect influence of military actions is a significant factor in industrial injuries; formal-legal method – to substantiate the need to take into account impact of complex risks on employees’ life and health; special-legal method – to propose proactive approach and system of local regulatory acts; logical generalization – to establish that military actions cause new grounds for the employer’s legal responsibility. Findings. It is indicated that peculiarities of legal provision of labor protection issues in the conditions of martial law require the introduction of changes and additions. It is indicated that the influence of complex risks in cases of threats to employees, which include industrial and military circumstances, needs legal clarification. The legal substantiation for the need to take into account the impact of complex risks in case of industrial injury cases is provided. Legal tools for assessing impact of complex risks, in particular re-certification of workplaces, are proposed. Originality. A proactive approach is proposed for leveling consequences of risks to working conditions by preparing employees for possible threats by implementing systematic, echeloned labor protection policy. The system of local normative acts of the enterprise should be the instrument of this policy. Indicator conditions and additions to legislative provisions are proposed. Practical value. The developed recommendations will contribute to the legal regulation of labor protection and the harmonization of new norms of labor law with the existing norms of legislation in the field of labor protection.
Journal Article
Problem issues regarding legal liability for environmental offenses in Ukraine
by
Stetsyuk, N. V
,
Andrusiak, I. P
,
Tsebenko, S. B
in
Compliance
,
Damage
,
Development strategies
2023
Purpose. To identify controversial and problematic provisions of the current legislation of Ukraine in the sphere of environmental protection which form the plane of legal responsibility for violations of environmental standards and norms. Methodology. The following research methods were used: the monographic method of scientific research, synthesis and analysis, the economic-statistical method, the method of detailing and concretizing the obtained results, the method of scientific-abstract systematization of results, and the graphic method of visualizing the results of scientific research. Findings. In Ukraine, a regulatory framework has been established that regulates the system of responsibility for environmental violations. Its main forms include disciplinary, administrative, civil, and criminal responsibility. It has been found that the modern environmental legislation is characterized by certain shortcomings in the identification and prosecution of persons guilty of violating the norms of existing laws. This is confirmed by the analysis of the amount of damage and losses caused to the environment, the dimensions of which are increasing annually in Ukraine. Simultaneously with the increase in the amount of damage caused, the degree of non-identification of persons who are responsible for causing damage to natural resources and the environment is increasing. The analysis of regional differences in environmental responsibility also demonstrates significant differences between the administrative regions of Ukraine in terms of the discipline of environmental responsibility. Originality. Based on the results of the conducted research, the main problematic aspects regarding legal responsibility for violations of environmental legislation in Ukraine were identified and analyzed. A need for a fundamental change in the concept of environmental responsibility for economic entities within the framework of sustainable development strategy has been identified. A gradual change in the basic principles and approaches to responsibility for violations of environmental legislation in the direction of predominance of preventive functions of environmental protection over punitive ones was proposed. Tools for possible improvement of environmental legislation were also proposed, in particular, fiscal preferences for environmentally tolerant industries, application of trade quotas for industrial enterprises that pollute the environment, harmonization of sanctions and environmental tax rates in accordance with the legislation of European countries. Practical value. The research results and proposed measures for improving the current procedures and mechanisms of legal liability for environmental offenses can be used by specialists of legal departments and services at the level of micro-management and macro-management to solve the tasks of further improvement of the current legal framework and increase the level of social responsibility of business and officials.
Journal Article
Research on the possibility of reusing collector-drainage waters
This paper presents the results of research on the possibility of reusing collector-drainage waters through the application of membrane technology. Data are provided on the effectiveness of ultrafiltration methods using microporous membranes and nanofiltration to reduce salinity. The results demonstrate the impact of the initial water salinity on the efficiency of ultrafiltration and nanofiltration processes. The influence of the temperature of collector-drainage waters on the specific productivity of the purification process is also shown. Keywords: Collector-drainage waters, salinity, ultrafiltration, nanofiltration, selectivity, specific membrane permeability, concentration polarization.
Journal Article
ECONOMIC AND LEGAL CHARACTERISTICS OF FINANCIALIZATION: BENEFIT OR HARM TO THE REAL ECONOMY?
by
Yesimov, Serhii
,
Sirant, Myroslava
,
Hurkovskyy, Maryan
in
financial capital
,
financialization
,
legal description
2023
The most significant domestic and foreign publications on the problem of reducing the negative impact of financialization on the rate of output growth and the increase of wages in the real sector of the economy are analyzed in the article. It is emphasized the financialization of the world economy forms a new paradigm of destructive changes in production and industrial capital from the side of financial capital, and, at the same time, conditions the need for the exploitation of national capital from the side of global oligarchic capital. Financialization causes an increase in the gap between the richest and poorest sections of the population, which, in turn, leads to the strengthening of social inequality in society and causes a sharp decrease in the growth rates of the real sector of the economy, as a result of which the processes of deepening poverty in countries are intensified. Regardless of their level of development and the state of financial capitalism. A more sharply delineated problem concerns those countries that are on the periphery of economic development, which includes Ukraine, the course taken by them towards financialization led to the development of significant destabilizing factors, which led to the generation of phenomena and processes that correspond to the concept of neo-feudalism (oligarchic-clan economy).The authors of the article proposed a number of measures aimed at reducing the withdrawal of financial capital outside the country, differentiated taxation of profits from the use of financial and production capital, and reducing the level of the shadow economy in Ukraine. In particular, it is proposed: to introduce progressive taxation of citizens’ incomes that exceed the average level in the state; direct additional financial resources from progressive taxation of enterprises to increase their own production capital; to increase the rate of taxation of profit from financial capital and reduce the rate of taxation of profit from capital invested in the real sector of the economy; to provide enterprises with irrevocable state financial resources for each new job vacancy created, as well as practice investment tax credits, in particular with regard to income tax and VAT; to develop a draft Law of Ukraine on the possibility of creating collective enterprises, the shares of which belong exclusively to each employee of such an enterprise; to ban the activity of financial oligarchic enterprises with their subsequent nationalization, the owners of which left the territory of our country during the period of mobilization in wartime.
Journal Article