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Abstract: On its path to European integration, Ukraine is constantly improving its antimonopoly legislation and strengthening its protection of economic competition. Before independence and the collapse of communism, Ukraine had a highly monopolized economy. The newly created Antimonopoly Committee of Ukraine has, since its inception, had protection of economic competition as one of its main tasks. The purpose of this paper is to investigate the specific provisions of Ukrainian legislation and European legislation on the protection of economic competition, including the practice of its application. Poland and Germany were taken for comparison. On a case-by-case basis, this paper evaluates the role and importance of antitrust laws and the practical evaluation of the performance of competition authorities. The analysis of scientific works, legislation and specific administrative cases in these countries (based on the reports of the antitrust authorities for 2018) suggested that the activity of the Antimonopoly Committee of Ukraine, in terms of quantitative and qualitative indicators, generally corresponds to the level of work of the respective European institutions. An additional impetus to this process may be given by a closer European integration process in the field of economic competition protection by extending the EU Directives on this matter to the territory of Ukraine. Keywords: Antimonopoly law, antitrust law, competition law, comparative studies, Ukraine, EU. |
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Abstract: The article reflects the results of an empirical study in the field of the problem of coping behavior. Based on the research results of foreign and domestic scientists, we conclude that coping behavior is nothing more than a special purposeful socially-oriented behavior of a person, providing him with productivity, health and both psychological and social well-being. Considering that the formation of the experience of coping behavior is a prolonged and ongoing process throughout a person’s life, we determined the study of the specifics of coping behavior among students of higher educational institutions as the targets of our research. Moreover, as the main hypothesis of the study, we formulate an assumption about the dependence and conditionality of the experience of coping behavior on the age and training course of the respondents. Keywords: Mental states, coping behavior, coping strategies, stress. |
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Abstract: Problems with regulating the trafficking of weapons and ammunition emerged in Ukraine after the collapse of the Soviet Union. The Soviet military left behind a large number of small arms, light weapons and ammunition, much of which did not have proper (in some cases any whatsoever) inventory control and accounting. The purpose of the study is to find the best models of criminal liability for illicit manufacturing and trafficking of firearms in Ukraine, its parts and components and ammunition, taking into account international experience. The study investigates the issue of compliance of the criminal legislation of Ukraine with the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime, and proposes for harmonisation of national legislation with this Protocol. It is concluded that Ukraine needs to adopt the Law "On Arms Trafficking", which, among other things, must clearly define such concepts as "firearms", "parts and components", "ammunition", "illicit manufacturing", "illicit trafficking", etc. which would also be relevant for the criminal legislation of Ukraine. Keywords: Ammunition, illicit manufacturing, crime, legal framework, organised group. |
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Abstract: The sea potentially fulfills the interests of sea transportation; for example, the transportation of tankers. The Indonesian sea is included in the seas with the dense traffic of tankers causing the risk of oil pollution due to tanker accidents. For example, the three cases of oil contamination caused by tanker accidents occurred in the Cilacap Sea which is the largest oil refinery in Indonesia. This study aimed to find the value of justice for oil pollution losses due to tanker accidents considering that Indonesia has ratified the international convention of the civil liability of oil spill by tanker, Convention on Civil Liability 1969, and its amendment of Convention on Civil Liability 1992, along with its supplementary protocol. The international law principles (polluter pays principle, precautionary principle, and strict liability) for oil tanker losses caused by tankers have been applied to the national legal system. There were still overlapping authorities and the conflicts of authorities among the institutes in the period before 2015 before the establishment of the Coordinating Ministry of Marine Affairs. After the periodization of 2015 with the formation of the Coordinating Ministry of Marine Affairs, it is expected to resolve the loss of oil pollution as a result of tanker accidents using the right method of calculating the loss of natural resources, taking into account the willingness to pay and the willingness to accept between the insurance and victims. Keywords: Justice, oil pollution, state responsibility, the legal system. |
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Abstract: This study, wants to analyze the very significant differences in the application of legal considerations on the abuse of power and authority by the former President Director of PT. Pertamina, which caused losses to the state based on legal considerations by the Corruption Court Judge and the Jakarta High Court, decided to imprisonment for 8 years and a fine. However, a cassation decision by the Panel of Judges at the Supreme Court of the Republic of Indonesia stated that the defendant was presumed innocent and freed the defendant from the demands of imprisonment and unconditional release. The problem of this research is, Why are there very significant differences in the application of law in the same state institution? The purpose of this study, for Constitutional Law academics can provide a very significant difference study in legal considerations in the Court of Justice in Indonesia. For judges at the Supreme Court of the Republic of Indonesia as an introspection in the legal consideration of abuse of power that results in losses to the state. This research approach method was a qualitative method. Creswell defines a qualitative method as a research method that is based on the perspective of constructivism, in which various meanings are socially and historically constructed with a view to develop a theory or pattern. The researcher analysis was based on legal regulations where conflicts occurred in the law enforcement among the three state institutions acting as the basis of constitutional law, which were; Jakarta Corruption Court; High Court of Appeals for the Special Capital Region of Jakarta; and Supreme Court of the Republic of Indonesia.The results of the research show real evidence, the application of law, abuse of power and authority in state-owned enterprises, which was carried out by the former President Director of PT Pertamina so that the state suffered losses. At the Corruption Crime Court and the Jakarta High Court apply the Corruption Crime Law, but the Supreme Court of the Republic of Indonesia applies business law. In terms of this significant difference, it has resulted in constitutional law academics assessing decisions that do not reflect a sense of justice. The researcher's suggestion is that the panel of judges in a state institution should have no differences in taking legal considerations on abuse of power and authority that harm the state. Keywords: Conflict of law enforcement, abuse of power, corruption court, Jakarta high court, Supreme Court of the Republic of Indonesia. |