Browsing by Author "Kiriiak, Oksana"

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Digital contracts in civil law of Ukraine
(CEP USM, 2024) Drahomeretska, Diana; Kiriiak, Oksana
Today, almost all global processes are undergoing digitalization, and jurisprudence is no exception. In this context, classical institutions of civil and contract law that use the digital space, namely contracts, are of great interest. Unfortunately, it is not very developed and not completely settled in Ukraine. At the same time, there is quite a lot of experience in regulatory control and legal regulation of these institutions in the world. The transition of law to the Internet is considered by civil scientists as the most important condition for the emergence of digital law, which in its turn is closely related to civil law. When parties enter into electronic contracts the whole contract can literally be concluded within seconds at the click of a button, so it’s easier than enter into contracts with each other interacting face to face. The traditional paper based contract law has rules that apply to matters such as jurisdiction, validity, formation of contract, modifications to contracts. In the world of online trading these are all issues that arise in online contracts and is a challenge to the traditional concepts of contract law.
In-war electronic financial securities: military bonds
(CEP USM, 2024) Halak, Anastasiia; Kiriiak, Oksana
War in the 21st century, in a democratic world, requires modern ways of maintaining people’s livelihoods. Maintaining economic stability is an important component for this. We strive for Ukrainians to develop a culture of managing their own funds, to be able to use financial instruments for the benefit of their wallets and state interests, in particular, by buying military bonds that finance the military needs of the budget. A citizen immediately understands where and for what money is directed. After all, in the conditions of war, it is primarily the provision of the army - salaries for military personnel and medics, purchase of weapons, body armor, ammunition, etc. Military bonds are investments in the victory of Ukraine, at the same time, you get a guaranteed profit. Military bonds are securities issued by the state during martial law. They have become an effective tool for supporting the economy of Ukraine and the Armed Forces. Funds for them are returned to the eSupport card after 3, 6, 12 or more months. It depends on the payment date and the term of the bonds.
The influence of martial status in Ukraine on digitalization processes in the context of civil law
(CEP USM, 2024) Shevchuk, Oleksandr; Kiriiak, Oksana
In view of the forced changes in the social life of Ukrainians, which were caused by the introduction of a special legal regime - the martial law regime by the corresponding decree of the head of state, many temporary changes in society arose. The most complete picture of such regularities can be traced in the legal field, in which various aspects of people’s existence find their manifestation. One of these was the right to access the Internet as a tool for realizing the information transformation of the state, in particular, legal phenomena that make up the general paradigm of understanding certain processes, that is, in the combination of the information field and legal reality. The purpose of the study was to analyze changes in the dynamics of digitalization within the law, which to some extent became on the rails of wartime. Such a direction should demonstrate the relentless development of digital technologies, which seem to “keep up with the times”, which will certainly have an exclusively positive meaning described in this study. The importance of its conduct lies in the search for keys to solving certain problems inherent in both peacetime and wartime, however, in general, an analysis was provided and the prospects for the development of this direction in the Ukrainian space, primarily legal, were provided.
Intellectual property rights with in the digitization
(CEP USM, 2024) Baiurchak, Mariia; Kiriiak, Oksana
Intellectual property refers to the power of impalpable goods. This includes ideas, designs, symbols, trademarks, ensigns, jottings and creations. Still, new technologies and digitalization have brought new challenges to the field of intellectual property. Now, it mustn’t only cover new types of non-traditional trademarks, similar as holograms, but also purely digital creations, similar as mobile operations and other software. Thus, there are questions regarding how to secure these rights in online surroundings and digital commerce.
Online vs offline arbitration in the field of resolving commercial disputes
(CEP USM, 2024) Voloshchyuk, Victoria; Kiriiak, Oksana
In the article author declared that in the digital era, the digitization of civil-law relations and institutions, among which arbitration occupies an important place as an effective way of resolving commercial disputes, is an objective process that will simplify procedures and save time and funds. Obviously, online proceedings, hearings and meetings will not replace the offline format, but they have every chance to become an even better addition to the arsenal of official communication in the field of resolving commercial disputes between foreign partners. Also it is pointed that In the context of globalization of the modern world, commercialization and convergence of legal systems, businessmen who do business in different regions of the world are looking for new more mobile and effective means to resolve disputes, which would allow not only to save time, but also to qualitatively resolve the dispute on acceptable terms for both parties. It has long been necessary to recognize that international commercial arbitration is such a means. It is this alternative means of resolving commercial disputes, which is permeated with the principle of autonomy of the will of the parties, gives broad opportunities for the parties to choose the place of arbitration, language, rights on the basis of which the dispute will be resolved, as well as the arbitrators themselves. Undoubtedly, such opportunities place arbitration in a more favorable position in relation to the state court, where the parties must be aware of the law of the forum, speak the language of the proceedings and follow the clearly procedural rules of the state of the dispute.
Protection of personal data in the conditions of the use of digital technologies
(CEP USM, 2024) Pavliuk, Anna; Kiriiak, Oksana
About the modern state of international legal standards and prospects of personal data protection under the conditions of development of information society. The main regulatory legal acts of Ukraine, which regulate relations in the field of personal data processing, are considered. An analysis of the legal framework of Ukrainian legislation is carried out: current legislation, norms of the Law of Ukraine “About the Protection of Personal Data”.
Reshaping digitalization: towards in-war ukrainian architecture
(CEP USM, 2024) Kiriiak, Oksana
The main factor influencing world politics in the late twentieth and early twenty-first centuries is digitalization. Without considering its essence, causes, main forms and possible consequences for the world system, the analysis of modern world politics and security policy will be at least incomplete. The new quality of digitalization – globalization – consists not only in the fact that the level of interdependence and mutual vulnerability of states is increasing. In fact, the internal sovereignty of states is weakening in a growing range of political directions. Globalization limits the field of activity of the governments of individual countries in terms of the possibility of the sovereign formation of their societies, the isolated solution of problems affecting the national territory.
Use of digital technologies in civil legal relations
(CEP USM, 2024) Malofy, Ksenia; Kiriiak, Oksana
The everyday spread of information technologies in the life of society plays a significant role in the field of civil legal relations. The activity of any citizen in the virtual space is currently regulated by traditional norms of civil law, adapted for the regulation of this type of relationship, but outdated in modern technologies. Civil legal relations, as the most dynamic sphere of social relations, are in a constant process of adapting them to the realities of today. The influence of digital technologies requires the development of modern civil law regulation with the help of digital technological platforms, new types of digital services, civil law subjects. Wide use of modern digital technologies and technical capabilities contributes to the formation of a new technological environment of regulation and at the same time actualizes the problem of adaptation of civil law regulation to the possibilities of using digital technologies, legal protection and the use of modern results of intellectual activity in the field of digital technologies. The work conducts a theoretical and legal study of the use digital technologies in civil law, in particular in the regulation of civil legal relations. The application of the latest digital technologies in connection with the strategic orientation of the global and domestic development of the digital economy, the digitalization of various spheres of activity has caused a growing scientific interest in general theoretical and scientific-practical research, including in the field of legal regulation of property turnover with the help of digital technologies. Modern prospects for the development of civil law are largely related to the use of digital technologies in the field of property relations and are determined by the awareness of the effectiveness of the application of the model of civil law regulation of digital rights and the possibilities of civil circulation of digital technologies.