The article is devoted to a comprehensive analysis of the legal regulation of online services and digital products in the European Union in the context of rapid digitalization of social and economic relations. The relevance of the study is caused by the growing impact of digital platforms on the exercise of users’ fundamental rights, the functioning of the EU internal market, and the formation of the new models of liability for participants in the digital economy. The paper examines the evolution of the EU’s approaches to regulating the digital environment—from the E-Commerce Directive to modern regulations that form a coherent and proactive regulatory framework. The purpose of the article is to identify and characterize the main legal acts of the European Union governing the provision of online services and digital products, as well as to determine their role in ensuring a balance between innovative development, economic freedom, and the protection of fundamental rights. Particular attention is paid to the Digital Services Act, which introduces uniform rules on liability, transparency, and due conduct for providers of digital services, especially large online platforms. The significance of the ePrivacy Directive, the Open Data Directive, and the Data Act Regulation in shaping the legal foundations for personal data protection, access to information, and fair data use is analyzed. Special attention is also given to the EU Artificial Intelligence Act, which for the first time at the supranational level introduces a risk-based model for regulating AI systems and is aimed at protecting fundamental human rights. It is established that the contemporary EU digital legislation is characterized by a shift towards a comprehensive, multi-level, and proactive model of regulation of online services and digital products. It is concluded that the adoption of the Digital Services Regulation has laid down uniform rules on liability and transparency for providers of digital services, in particular for large online platforms, while a key role in shaping the EU digital legal order is played by acts in the fields of personal data protection, open data, and access to data, which are aimed at ensuring a balance between innovative development and the protection of fundamental rights. The analysis presented in the article may be used in academic research, legislative activity, and in the process of harmonizing national legislation with the law of the European Union.
The relevance of the study is due to many socio-legal factors. The aim of the study is to form an integrated approach to understanding the context and legal necessity of professional liability insurance contract in international private law, on the one hand and as a tool to strengthen the economic security of the state on the other. The source base of the study is primarily the valid legislation of Ukraine, laws and other regulatory legal acts, the study and comparison of which requires a systematic approach and various research methods. The methodological basis of the study is a set of scientific techniques and methods of scientific knowledge, including dialectical, historical-legal, logical-legal, system-structural, method of forecasting and comparative jurisprudence. Dialectical method has provided opportunities to analyse scientific positions regarding the content and development of professional liability insurance. Historical-legal method helps to study the genesis of the development of insurance in legal situations in international private law, the development of theoretical scientific thought and legislation. Systemic and structural methods have helped to clarify the content of the professional liability insurance contracts in the context of international public and private law. The study, first of all, concludes that under a professional liability insurance contract, one party (the insurer), in case of a certain event occurrence (insured event), undertakes to make an insurance compensation to the beneficiary in whose favour the insurance contract has been concluded (the insured’s client and/or a third party)), and the insured (a person performing professional activities) undertakes to pay insurance premiums and comply with other terms of the insurance contract. Then, it is noted that a professional liability insurance contract can help ensure the economic interests of citizens and business entities, which is part of the national interests of Ukraine. Finally, it is noted that when concluding and implementing professional liability insurance contracts with a foreign element, in the absence of agreement of the parties on the choice of law to be applied to the contract, to ensure the protection of the property interests of the insured under certain conditions, for example, when establishing the size and type of professional risks activities transferred to insurance, it is appropriate to apply the personal law of a sole-proprietor or the law of ‘nationality’ of a business entity – the insured.
The article examines electronic evidence in the context of the principles of civil procedural law. The goal is the formation of a conceptual basis for the use of information technologies in civil proceedings in relation to the principles of civil proceedings in their systemic understanding, which will take into account the interrelationship and impact of one change on another change. This will ensure the rational use of information technologies, preserving the basic principles of civil justice. The object is the legal relations that arise between the court and other participants in the process, related to the implementation of the principles of civil justice when using information technologies to resolve civil cases. The subject was civil procedural legal relations in the context of implementing the principles of civil procedural law when using information technologies in the civil process. The adaptation of the civil process to the use of information technologies is manifested in the presence of program and framework provisions that exist at the state and international level in accordance with the regulatory framework of the European integration of Ukraine. It is indicated that the electronic proof should not necessarily be issued in documentary form. Electronic evidence should be distinguished as an independent type of evidence due to its specific features. The criteria for the admissibility of electronic evidence must be determined in terms of specificity in accordance with the existing evidence criteria. A positive example of the regulation of electronic evidence is the Guidelines of the Committee of Ministers of the Council of Europe on online dispute resolution mechanisms in civil and administrative proceedings, adopted in 2019, which establish legal norms regarding electronic evidence and ensure the most optimal version of use in the civil process. The principles of competitiveness, dispositive, transparency, independence, and availability of electronic evidence were considered. It is noted that, taking into account the systemic nature of the principles of the civil process, in addition to the ones mentioned above, other principles would undergo some transformation.
Ukraine lives under martial law for over 12 months, which, provides for special rules and procedures for exercising the powers of state authorities,enterprises, institutions, and organizations. One of the most important and topical issues for the moment is the implementation of public procurement to meet the needs of the army, medical and rehabilitation facilities, educational institutions, and, to ensure the functioning of the country and society in general. Therefore, this research is devoted to the study of martial law concepts, public procurement, and the peculiarities of algorithms for carrying out public procurement and their application conditions, documentary confirmation of the legitimate implementation of procurement according to the algorithm without the use of open bidding and/or an electronic catalog. In this article, the author researches the regulatory and legal basis of public procurement during martial law, the correlation between the norms of the Law of Ukraine “On Public Procurement” and Cabinet of Ministers of Ukraine Resolutions regulating the issue of public procurement during martial law, as well as other special regulatory and legal acts. Algorithms for public procurement of goods and services worth or over 100,000 UAH, ongoing repair services with the cost starting from 200,000 UAH, other works with the cost over 1.5 million hryvnias, were researched in detail. It was determined that in certain cases the customer can choose the procurement algorithm depending on the circumstances, and attention was also focused on the need for documentary confirmation of the circumstances that allow choosing a simplified public procurement algorithm. Particular attention is paid to the study of procurement conditions without the procedure of open bidding and/or electronic catalog, foreseen in the clause 13 Peculiarities of public procurement of goods, works and services for customers, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1178, the so-called “by exceptions” procurement, as well as other exceptions of the general procedure for public procurement to meet the urgent needs of the state under martial law.
Maryam Kohansal Kalkenari, Mohammad Javad Bahreini, Alireza Asgari
The issue of the wife's financial rights, as one of the most important topics in family law, has always been a focal point for jurists and legal scholars. However, there remain shortcomings in the legislation, issuance, and enforcement of rulings on this matter. This article, in line with the directives of the Supreme Leader under the general policies of the family, which emphasize the necessity of "reviewing, amending, and completing the legal system and judicial procedures in this field, in accordance with new needs and circumstances," focuses on the pathology of the Family Support Law of 2012 concerning the wife's financial rights. The goal is to outline the achievements and identify the issues that require "review, completion, and amendment" in this section of the law. The findings of this study reveal deficiencies such as the legislator's neglect of the principle of governmental support for women regarding the financial rights of temporary wives, and the issue of enforcing the payment of dowries in line with the policy of decriminalizing imprisonment. Other shortcomings include the failure to address substantive gaps in most matters of the wife’s financial rights, the lack of specification on certain instances of those rights, failure to address issues like "Nahla" (alimony) and the condition of asset division, the creation of rulings without consideration of their potential negative consequences, and the lack of explicit repeal of the Family Support Law of 1974. Among the achievements of the Family Support Law of 2012 are the creation of new governmental protections for women, such as the provision allowing lawsuits against the husband in the wife’s place of residence, addressing gaps in claiming damages during engagement, the establishment of the possibility for the wife to claim her personal expenditures in the shared life, and changes to the law regarding the claim for wages from personal income during married life.