Кафедра приватного права

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Browsing Кафедра приватного права by Author "Muzyka-Stefanchuk, Oksana"

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    Modern anti-drug policy of Ukraine and human rights
    (2023) Muzyka, Anatoliy; Gorokh, Olexiy; Muzyka, Lesya; Muzyka-Stefanchuk, Oksana; Anishchenko, Mykhailo
    The topic of human rights in the aspect of relations between the state and addicted patients (and in general relations in the sphere of circulation of drugs) remains scantily explored for modern Ukraine, which actualizes further scientific research. The purpose of the article is to determine the authors’ vision of compliance with international human rights standards of the legal anti-drug prohibitions established by the state. To achieve this goal, using the historical-legal, comparative, dialectical, systemic, hermeneutic, sociological methods and legal method of cognition, national and foreign legislation was critically analyzed, international experience in implementing various models of anti-drug policy was studied, and proposals for the draft of a new Criminal Code of Ukraine were formulated. The authors pay special attention to the problems of protecting the rights of drug addicts, legal liability in the field of drug trafficking, legalization of drugs for non-medical needs and compulsory treatment of drug addicts.
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    Private and public finances during the Russian-Ukrainian war: costs, losses and reimbursements
    (2022) Muzyka-Stefanchuk, Oksana; Muzyka, Lesya
    The article is devoted to financial, material, and legislative problems in Ukraine caused by the Russian-Ukrainian war. The issues of budget expenditures, financial losses, material losses and their compensation are considered. It is emphasized that the war is an extremely costly event for any country, which has an extremely negative impact primarily on public finances. When talking about Ukraine, we can single out budget expenditures and budget, resource, and material losses. And most importantly, it is about lost human lives that have no financial measurement. Every day, Ukrainian budgets receive less planned revenues than due because of reduced tax revenues, in particular, VAT revenues (for example, in March, VAT revenues amounted to approximately 60% of the target financial performance), personal income tax, single social security tax, customs duty (currently only the western border is open; the northern, southern, and eastern borders are closed or blocked, in connection with which the export-import operations and their payments decreased), and state duty revenues, etc. This is because the purchasing power of citizens has decreased, and the purchasing needs themselves have changed significantly. It is emphasized, that the infrastructural, material, and property losses of Ukraine during the war are enormous (in the worst sense). Losses are calculated and estimated daily. Of course, the figures are still approximate. Also, as long as the war is going on, losses will increase, and after its end, there will be a question of compensation. Compensation payments will be made at the expense of the budget funds, and most of all at the expense of the funds received from the seized or confiscated property of the russian federation and its citizens. There is great doubt that the leadership of the country that started this senseless war, as well as the citizens who support and approve it, will voluntarily agree to make payments or enforce the decisions of any international courts and organizations. Therefore, we must already actively form a real financial basis and basis for compensation for damages. Here, Ukrainian politicians and government officials work closely with their foreign counterparts. After all, it is necessary to determine which property and belonging to which individuals can be transferred to the needs of Ukraine, and in what way. The fact of creating the Trust Fund for the Reconstruction of Ukraine After the War should be noted positively. Its creation was supported in March 2022 in Brussels at the summits of NATO, the Group of Seven and the EU, which discussed Russia’s war against Ukraine. The World Bank, Sweden, the Netherlands, Austria and other countries have joined the initiative to create such a fund. From May 2022, the Trust Fund is going to start its work. Economic recovery will largely depend on business recovery. However, the work of many powerful companies — large taxpayers — during martial law has been suspended indefinitely or suspended temporarily and resumed after the transfer of their technical capacities to other regions. Some businesses have lost their property complexes during air strikes and other hostilities (they are destroyed). And for them to become involved in economic recovery, they must be rebuilt first (where possible). The problems of financial and budgetary expenses for the war are considered separately. According to rough estimates, the daily budget costs of fighting cost Ukraine about USD 66 million. If we add additional funding from private funds of individuals and legal entities, the total costs increase significantly. Given the need for increasing funds, government officials are in constant talks with foreign partners, with business representatives about the possibility of obtaining additional financial assistance, new grants and loans, and more. It is noted that in difficult conditions of the war, the state needs additional funding. For this purpose, such financial instruments as borrowing — internal and external — are actively used. Ukraine is actively cooperating with the World Bank. In this context borrowings, loans and financial assistance as special financial resources are analysed. Features of public procurement in the war period are considered. Yes, there occurred problems with suppliers (because some of them remained in the occupied territories, some lost their production capacities, some lost workers, etc.), logistical problems (delay or inability to deliver goods, services), growing demand for previously less popular goods. In order to optimize procurement during the war and meet the urgent needs of the state and restore Ukrainian business, the Prozorro State Enterprise, Professional Procurement State Institution and electronic platforms (E-Tender, Zakupki.prom.ua, SmartTender, Public Procurement. Online and Tender-Online) have developed the Prozorro+ Platform.