| 1. |
- Dryshliuk, Andrii I., et al.
(författare)
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APPLICATION OF LAW IN JUDICIAL AND NOTARIAL PRACTICE : METHODOLOGY, THEORY, PRACTICE
- 2022
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Ingår i: Astra Salvensis - Review of History and Culture. - : Transilvanian Association for the Literarure and Culture of Romanian People (ASTRA). - 2393-4727 .- 2344-1887. ; :1, s. 347-365
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Tidskriftsartikel (refereegranskat)abstract
- The purpose of this study was to cover application of law as a process alternative to the process of excessive rule-making, in particular, to study the grounds and limits of applying legal analogy in the activities of a notary as a subject of application of law. The study involved systematic and historical methods of scientific cognition, which allowed perceiving law as a dynamic system formation of social order. The interpretive method made it possible to base the research on the assumption of the existence of the content and meaning (semantics) of a legal norm. The axiomatics of the modelling method and borrowing of individual ideas and provisions of the topology allowed perceiving a legal norm as a model of the situation, which should be in mutual and unambiguous accordance with the particular situation to which this provision is applied. As a result of the study, the authors justified the perception of application of law as an alternative to continuous improvement/change of legislation and a fuse for the process of excessive rule-making. Using specific examples of notarial and judicial practice, application of law is presented as a process wherein it is possible to perform actions that are not explicitly defined in the legislation as permitted, but also are not prohibited, in order to prevent possible violations of the rights and interests of legal entities. It was concluded on the necessity of establishing the existence of discretionary powers in the subject of application of law in connection with the implementation of such a subject’s interpretative choice in the process of application of law. A proposal was made to compensate for the imperfection of legislation and the a priori inability to govern all possible relations for all cases by law by improving the effectiveness of application of law activities. To avoid cases of abuse of the right to appeal against the actions of a notary as a subject of application of law, on the formal basis of the notary’s lack of the right to use the analogy of statute and the inference from general principles of law, a legislative consolidation of the provision was proposed, which makes provision for the possibility of using the analogy of statute and the inference from general principles of law by a notary.
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| 2. |
- Orzikh, Yurii, 1985-, et al.
(författare)
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Глава 85. Спадкування за заповітом : Chapter 85. Testate succession
- 2023
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Ingår i: Цивільний кодекс України. Науково-практичний коментар. - Ukraine : Norma Prava. - 9786177850600 ; , s. 1322-1335
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Bokkapitel (refereegranskat)abstract
- Commentary of the Civil code of Ukraine on testate succession is provided and analyzed from the practical point of view.
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| 6. |
- Orzikh, Yurii, 1985-
(författare)
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Accounting Regulation and Financial Reporting under Ukrainian Legislation
- 2023
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Ingår i: Proceedings from the First Annual International FIRE CONFERENCE 10th–11th of November 2022, Örebro University, Sweden. - Uppsala : Iustus förlag. - 9789177372639 ; , s. 153-176
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Bokkapitel (refereegranskat)abstract
- The article discusses the challenges and modifications in accounting and financial reporting in Ukraine, especially in light of the ongoing war and digitalization. The article highlights the difficulties of studying this topic due to the abnormal state of affairs caused by the conflict and the associated issues arising from the harmonisation of Ukrainian law with EU standards.The article provides a historical context for Ukraine’s economic and legislative conditions, with a focus on the impact of the conflict and digital transformation initiatives. It mentions a number of legal acts implemented for digital transformation, such as the Concept for the Development of Ukraine’s Digital Economy and Society in 2018–2020 and the Memorandum of Understanding for the Development and Implementation of the Financial Reporting System.“What is the current state of accounting and financial reporting legislation in Ukraine?” The research employs the legal-dogmatic method, analysing the current positive law as stated in written and unwritten European or (inter) national rules, principles, concepts, doctrines, case law, and annotations to the literature.The article discusses in more depth the state regulation of accounting and financial reporting in Ukraine, as well as the responsibilities of various government agencies such as the Ministry of Finance of Ukraine, the National Bank of Ukraine, and the State Treasury Service of Ukraine. In addition, it addresses the current accounting and financial reporting laws in Ukraine, including the application of International Financial Reporting Standards (IFRS) and the categorization of companies according to their size and financial indicators.The article concludes with a comprehensive overview of the accounting and financial reporting environment in Ukraine, highlighting the challenges posed by the conflict and the ongoing digitalisation efforts.
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| 7. |
- Orzikh, Yurii, 1985-
(författare)
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Rivalry Between Legal Principles and the Rule of Law in the Context of Armed Conflict : Case Study – Ukraine
- 2024
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Ingår i: Rule of Law in a Transitional Spectrum. - Uppsala : Iustus förlag. - 9789177372721 ; , s. 287-327
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This study examines the phenomenon of the rivalry (competition) between legal principles and its impact on the rule of law in a state during armed conflict. For this purpose, the Ukrainian experience was investigated as a case due to the war in Ukraine, which was provoked by the aggression of the Russian Federation in 2022. The research scrutinises different legal acts that were adopted during the wartime in Ukraine and the responses to them by the authorities that are allowed to apply law. The author proceeds from the assumption that behind each legal norm, in its foundation, there is a principle of law or a set of them that manifest themselves through legal norms when they are applied in a specific situation. Each principle of law is formulated as an absolute, and each of them tends to its own self-absolutization.The only restraint on the self-absolutization of a principle is another principle of law. The study shows the difficulties and consequences of rivalry between legal principles. The situation of the rivalry between legal principles can be identified only in the process of the application of law and is characterised by the circumstances that lead to the necessity of choosing which principle of law should be upheld in a certain situation. This situation must be prevented by the inspection of the preconditions to it in law and the practice of the application of law. The rule of law in a state is negatively affected by the rivalry between legal principles. The paper also highlights the problems that agencies authorised to apply the law face in cases of rivalry between legal principles and a lack of statutes’ or courts’ clarifications in this regard. Therefore, a concrete mechanism for balancing the principles of law in the situation of their rivalry must be practically implemented.
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| 8. |
- Orzikh, Yurii, 1985-
(författare)
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ІТ та нотаріат : IT and Notariat
- 2019
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Ingår i: ІТ право. теорія та практика. - Ukraine : Phenix. - 9789669281678 ; , s. 410-426
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Bokkapitel (populärvet., debatt m.m.)abstract
- In the chapter issues of the implementation of informational technologies in notarial activity in Ukraine are explored from the legal perspective.
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| 10. |
- Orzikh, Yurii, 1985-, et al.
(författare)
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ПРАВОЗАСТОСУВАННЯ VS «ВДОСКОНАЛЕННЯ ЗАКОНОДАВСТВА» (деякі міркування щодо сучасної юридичної практики) : Application of law vs «improvement of legislation» (some considerations on current legal practice)
- 2021
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Ingår i: Slovo of the National School of Judges of Ukraine. - : The National School of Judges of Ukraine. - 2707-6849. ; :2(35), s. 52-62
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- Relevant problems of the practice of application of law and permanent process of improvement of the Ukrainian legislation are examined in this article. In particular authors stress on contradiction between process of the permanent improvement of the legislation and sustainability, predictability and legal certainty as principles of legal system. On the one hand, constant reforming of the legislation of Ukraine does not give possibility for subjects of law to create stable legal relations, which are regulated in a predictable way. On the other hand, legislation of Ukraine must be actual and even few “step ahead” the actual situation in Ukraine. It must give necessary methods, tools and legal instruments, which regulate relations between subjects of law. Described judicial and notarial practical cases show in what way flexibility of the legislation could be provided in conditions of the ongoing changes. Authors consider that qualified and high-quality application of the current legislation by the subjects of application of law gives possibility to provide flexibility of the legislation. Such application of law is done by subjects applying the law, although their actions are not directly provided for by the legislation, but they are not prohibited either. Essential principle of such application of law must be the whole tendency to create those legal consequences of the application of law which will not lead to the direct infringement of somebodies rights and interests within the process of application of law. Illustrated lawsuit and case of notarial practice show how exactly interpretative mechanism and analogy as a tool of the subject applying the law help to avoid infringements of rights and interests of heirs of the deceased person.
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