The Ukrainian Journal of Business Law

[index.html] ABOUT CURRENT ISSUE SUBSCRIBE & ORDER ADVERTISE EDITORIAL CALENDAR GET PUBLISHED CONTACT UJBL: current issue July 2005 In Focus - Environment Article 16 of the Constitution of Ukraine stipulates that the maintenance of ecological safety and maintenance of environmental equilibrium on the territory of Ukraine, elimination of the consequences of the Chernobyl accident - an accident of a planetary scale, preservation of the genetic fund of the Ukrainian people is the responsibility of the state. Official Documents Published Environmental Protection Act of Ukraine 25 June 1991 On Hazardous Objects Act of Ukraine of 18 January 2001 Resolution of the Cabinet of Ministers of Ukraine On the List of Activities and Objects That Are of High Ecological Danger of 27 July 1995 Resolution of the Verkhovna Rada of Ukraine On Approval of the Order of Restriction, Temporary Prohibition (Termination) or suspension of Activity of Enterprises, Establishments, Organizations, and Objects in the Event of Them Violating Legislation on Environmental Protection of 29 October 1992 Expert Opinion Antonina A. Palyukh The Ecological Rights of Citizens and Their Protection The Environmental Protection Act of Ukraine and the Constitution of Ukraine determines the ecological rights and obligations of citizens of Ukraine, and guarantees of their protection. It is possible to differentiate two ways of protection of the ecological rights of citizens: self-defense and state protection (protection by state institutions). The author gives a short view on the possibilities of ecological rights protection… Hot Issue Maxim S. Rayko The Problem of Derivatives Defining in Ukrainian Legislation The development of a stable financial market, as declared by Ukraine, should involve the growth of such segment of the system of financial instruments as derivatives, which have been taking a prominent position on the financial market system for a long time. The nominal amount of World organized derivatives market at the end of December 2004 was 297 trillion US dollars 1 … 1 Bank for International Settlement, Press release; http://www.bis.org/publ/ Sergei E. Matveev Compensation of Damage or Penalty? The general principle of the national system of legislation is conformity of domestic statutory acts with international agreements. In international law, the specified principle is realized on the basis of Article 27 of the Vienna Convention on the Act of Treaties, according to which a party (to an international agreement) cannot refer to a provision of its domestic Act as an excuse for their failure to observe the agreement… Ivan V. Brygadyr Severity of Law is Compensated by Its Loose Observance In Ukraine, there are rather frequent problems with observance of legislation, including environmental legislation. This is especially often the case with statutory acts, the performance of which is not favorable for someone or which causes difficulties. When there is no efficient control of the state and the public this phenomenon becomes permanent… Ivan S. Mischenk o Oil Pollution -Ukraine Regulation During the last few decades of the 20th century, the pollution of the world's oceans and inland waters has become a matter of increasing international concern. Substantial contributors to marine pollution come from land-based sources including the by-products of industry, run-off from agriculture activities such as biocides as well as effluents from urban areas… Vitaliy A. Zuev Ecological Certification The crisis phenomena in the Ukrainian economy have led to a significant slump in production and, as a direct consequence, restoration of the environment due to processes of natural cleansing, and lower consumption of natural resources. Currently, we are seeing the opposite situation when the renewal of the economy and vibrant production result in increasing pollution of the environment and more intensive use of natural objects… Vasiliy E. Postulga European Community Action Plan in the Field of Environment Environment Environment protection is one of priorities of the European Union (EU) alongside with other dimensions of integration. On the basis of the EU Treaty of 1951, the EU possesses a wide remit in the field of environment, issues a significant number of statutory acts in this sphere and has powers as to international cooperation in this area. The work of each of the main bodies of the Community deals, to some extent, with the problems of the environment. Global Legal Update Dezhi Li, Yan Bi, Yuying Li Status Quo, Problems and Solutions for Chinese Institutional Investors Having increasingly grown in recent years, institutional investors in China have achieved good results in corporate governance; however, when compared with such developed countries as the US, there is still a long way to go with many problems unresolved. Necessary solutions must be found to address these issues… Adrian Saldago Ukraine -Mexico commercial cooperation On 27 May 2003, the Governments of Mexico and Ukraine signed in Mexico City, a Commercial and Economic Cooperation Agreement. This agreement foresees that its main goal is the promotion and development of both countries' economic and commercial relationship… Legal Writing Alexander I. Moskalenko Other Means of Maintaining Coherence in Legal Writing Professional writers use numerous ways to maintain continuity and to help the reader perceive the "logical flow" of their ideas with as little effort as possible. This article would like to acquaint you with some more basic principles of writing a coherent text… ETC Nadezhda V. Mukvich The Second Annual Law Conference of the Ukrainian Bar Association took place on 2-3 June. Its first day was devoted entirely to discussion of the Association's internal policies… About | Current Issue | Subscribe & Order | Advertise | Editorial Calendar Get Published | Contact Counse link Konnov & Sozanovsky 23 Shota Rustaveli Street, Suite 5, Kiev, 01023, Ukraine phone: + 380 (0)44 490-5400 fax: + 380 (0)44 490-5490 info@konnov.com www.konnov.com Chadbourne & Park LLP 11 Mikhailivska Street, Kiev, 01001 Tel: (044) 464-0204 Fax: (044) 464-0231 kyivoffice@chadbourne.com www.chadbourne.com Shevchenko Didkovskiy & Partners 2A Kostyantynivska Street, Kiev, 04071 Tel: (044) 230-6000 Fax: (044) 230-6001 lawfirm@shevdid.com www.shevdid.com Vasil Kisil & Partners 5/60 Zhylianskaya Street, Suite 1-2, Kiev, 01033 Tel/fax: (044) 220-5900 Tel/fax: (044) 220-4877 vkp@vkp.kiev.ua www.kisilandpartners.com Yuris Legal counsellors and advisers 4-6 Striletska Street, Fourth Floor, Kiev, 01025 Tel: (044) 235-8648, (044) 235-8649 Fax: (044) 235-8643, (044) 235-8646 yuris@carrier.kiev.ua tax@yuris.com.ua www.yuris.com.ua Copyright © 2003-2005 by Yuridicheskaya Practika Publishing. All rights reserved. Disclaimer .