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  • 1.
    Dryshliuk, Andrii I.
    et al.
    Odesa Appeal Court, Odesa, Ukraine.
    Orzikh, Yurii H.
    Department of Civil Law, National University “Odesa Law Academy”, Odesa, Ukraine.
    Orzikh, Viktoriia M.
    Private Notary of Odesa, Odesa, Ukraine.
    APPLICATION OF LAW IN JUDICIAL AND NOTARIAL PRACTICE: METHODOLOGY, THEORY, PRACTICE2022In: Astra Salvensis - Review of History and Culture, ISSN 2393-4727, no 1, p. 347-365Article in journal (Refereed)
    Abstract [en]

    The purpose of this study was to cover application of law as a process alternative to the process of excessive rule-making, in particular, to study the grounds and limits of applying legal analogy in the activities of a notary as a subject of application of law. The study involved systematic and historical methods of scientific cognition, which allowed perceiving law as a dynamic system formation of social order. The interpretive method made it possible to base the research on the assumption of the existence of the content and meaning (semantics) of a legal norm. The axiomatics of the modelling method and borrowing of individual ideas and provisions of the topology allowed perceiving a legal norm as a model of the situation, which should be in mutual and unambiguous accordance with the particular situation to which this provision is applied. As a result of the study, the authors justified the perception of application of law as an alternative to continuous improvement/change of legislation and a fuse for the process of excessive rule-making. Using specific examples of notarial and judicial practice, application of law is presented as a process wherein it is possible to perform actions that are not explicitly defined in the legislation as permitted, but also are not prohibited, in order to prevent possible violations of the rights and interests of legal entities. It was concluded on the necessity of establishing the existence of discretionary powers in the subject of application of law in connection with the implementation of such a subject’s interpretative choice in the process of application of law. A proposal was made to compensate for the imperfection of legislation and the a priori inability to govern all possible relations for all cases by law by improving the effectiveness of application of law activities. To avoid cases of abuse of the right to appeal against the actions of a notary as a subject of application of law, on the formal basis of the notary’s lack of the right to use the analogy of statute and the inference from general principles of law, a legislative consolidation of the provision was proposed, which makes provision for the possibility of using the analogy of statute and the inference from general principles of law by a notary.

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    APPLICATION OF LAW IN JUDICIAL AND NOTARIAL PRACTICE: METHODOLOGY, THEORY, PRACTICE
  • 2.
    Orzikh, Yu.H.
    кандидат юридичних наук, доцент, доцент кафедри цивільного права Національного університету «Одеська юридична академія», приватний нотаріус.
    нотаріальна таЄМницЯ і проБлеМи ЇЇ правоЗастосуваннЯ: МіФи та реальність: NOTARIAL SECRECY AND THE PROBLEMS OF ITS ENFORCEMENT: MYTHS AND REALITY2019In: Uzhhorod National University Herald. Series: Law, ISSN 2307-3322, Vol. 59, no 1, p. 162-166Article in journal (Other academic)
    Abstract [en]

    The article is devoted to the problems of application of the notary’s duty to keep notarial secrecy (confidentiality). Theoretical, legislative and practical aspects of notarial secrecy and its application are investigated. In particular, notarial secrecy is considered as the basis of notarial activity and ethical rules of notariat and its organization. The assumption is made that in case of practical impossibility to keep notarial secrecy and threats to notarial secrecy, the level of public trust in the notarial institute will decrease. This, in turn, will lead to a more rapid formation of personal trust relationships and appeal to the notary not as a subject, which can provide appropriate legal assistance and protection of rights and interests, but as a representative of the institute to which the law is required to apply and to whom the person would not turn unless the law required it.

    The author emphasizes the impossibility of the existence of a notary institution in the conditions of inefficient legislative regulation of notarial secrecy (confidentiality). The ambiguity of legislative regulation is a generating factor for differential law enforcement practice (application of law). Thus, on the materials of the requests of the relevant authorities and officials, in the conditions of necessity to keep notarial secret, the content and nature of the requested information and documents from notaries are analyzed. At the same time, the author emphasizes that even the most perfect legislative regulation of notarial secrecy cannot withstand the realities of everyday law enforcement (application of law) and will entail again ambiguous and differentiated practice of law enforcement. The causal link assumed by the author is that every law enforcement entity operates within the conditions and legal frameworks constructed by the law governing it, the entity, its activities and such regulatory framework, as a rule, without taking into account the features of notarial activity. In other words, the lack of systematicity in the legal system is reproduced in the activities of law enforcement entities, and therefore can be overcome by adjusting the activities of law enforcement entities by the entities themselves. That is why the author believes that quality and effective legislative regulation is a necessary but not sufficient condition for solving the problem of law enforcement practice. The solution to the problem should be based on the basis of qualitative legislation and dialogue of the subjects of law enforcement, which will allow each party to hear the position of the other and create a mechanism for implementation of specific norms without violating them (infringing them) and / or abusing their application. The conclusion is made about the possibility of using mediation in a law enforcement practice (application of law practice) where law enforcement subjects are able and agree on a single interpretation of a specific law in a particular situation.

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    нотаріальна таЄМницЯ і проБлеМи ЇЇ правоЗастосуваннЯ: МіФи та реальність
  • 3.
    Orzikh, Yu.H.
    Örebro University, School of Behavioural, Social and Legal Sciences.
    ЩОДО ОКРЕМИХ АСПЕКТІВ ШВЕДСЬКОГО ПІДХОДУ ДО ПРИВАТНОГО ПРАВА: ПОРІВНЯЛЬНИЙ АНАЛІЗ: ON THE CERTAIN ASPECTS OF THE SWEDISH APPROACH TO PRIVATE LAW: COMPARATIVE OVERVIEW2023In: Juridical scientific and electronic journal, E-ISSN 2524-0374, no 6, p. 158-162Article in journal (Other academic)
    Abstract [en]

    The article provides a comparative analysis of the Swedish approach to private law and the legal system of Ukraine. The study is motivated by Ukraine's obligations to harmonize its law with EU law, given its candidacy for EU membership.

    The article discusses several aspects of Swedish private law, including its sources, the principle of freedom of contract, the principle of pacta sunt servanda, the principle of clausula rebus sic stantibus, the right to make a will, and the role of the state in private law relations, specifically the Swedish Tax Administration as a state agency.

    The author asserts that there is a correlation between the method of regulation of private law relations and the system of sources of law in a legal system. The more the law enforcement practice and legislation give primacy to the subjective will of participants in private law relations as a source of their regulation and a source of law, the less influence the imperative method of regulation will have in these private law relations.

    In addition, the article highlights the unique position of the Swedish Tax Administration in private law relationships, particularly family and inheritance relations. The author concludes that state integration into private legal relationships, as exemplified by the Swedish Tax Administration, does not inherently result in limitations of any individual rights and freedoms. The author concludes that registration of marriage contracts is necessary in order to protect the rights of spouses, their heirs, and third parties more thoroughly.

    As it efforts to harmonise its laws with those of the EU, the article suggests that Ukraine can learn from Sweden's approach to private law. The author also emphasises the need for additional research to completely comprehend the peculiarities of Swedish private law before using it as an example.

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    ЩОДО ОКРЕМИХ АСПЕКТІВ ШВЕДСЬКОГО ПІДХОДУ ДО ПРИВАТНОГО ПРАВА: ПОРІВНЯЛЬНИЙ АНАЛІЗ
  • 4.
    Orzikh, Yurii
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Accounting Regulation and Financial Reporting under Ukrainian Legislation2023In: Proceedings from the First Annual International FIRE CONFERENCE 10th–11th of November 2022, Örebro University, Sweden / [ed] Magnus Kristoffersson, Uppsala: Iustus förlag, 2023, p. 153-176Chapter in book (Refereed)
    Abstract [en]

    The article discusses the challenges and modifications in accounting and financial reporting in Ukraine, especially in light of the ongoing war and digitalization. The article highlights the difficulties of studying this topic due to the abnormal state of affairs caused by the conflict and the associated issues arising from the harmonisation of Ukrainian law with EU standards.

    The article provides a historical context for Ukraine’s economic and legislative conditions, with a focus on the impact of the conflict and digital transformation initiatives. It mentions a number of legal acts implemented for digital transformation, such as the Concept for the Development of Ukraine’s Digital Economy and Society in 2018–2020 and the Memorandum of Understanding for the Development and Implementation of the Financial Reporting System.

    “What is the current state of accounting and financial reporting legislation in Ukraine?” The research employs the legal-dogmatic method, analysing the current positive law as stated in written and unwritten European or (inter) national rules, principles, concepts, doctrines, case law, and annotations to the literature.

    The article discusses in more depth the state regulation of accounting and financial reporting in Ukraine, as well as the responsibilities of various government agencies such as the Ministry of Finance of Ukraine, the National Bank of Ukraine, and the State Treasury Service of Ukraine. In addition, it addresses the current accounting and financial reporting laws in Ukraine, including the application of International Financial Reporting Standards (IFRS) and the categorization of companies according to their size and financial indicators.

    The article concludes with a comprehensive overview of the accounting and financial reporting environment in Ukraine, highlighting the challenges posed by the conflict and the ongoing digitalisation efforts.

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    Accounting Regulation and Financial Reporting under Ukrainian Legislation
  • 5.
    Orzikh, Yurii
    Örebro University, School of Behavioural, Social and Legal Sciences.
    Rivalry Between Legal Principles and the Rule of Law in the Context of Armed Conflict: Case Study – Ukraine2024In: Rule of Law in a Transitional Spectrum / [ed] Rigmor Argren, Uppsala: Iustus förlag, 2024, p. 287-327Chapter in book (Other academic)
    Abstract [en]

    This study examines the phenomenon of the rivalry (competition) between legal principles and its impact on the rule of law in a state during armed conflict. For this purpose, the Ukrainian experience was investigated as a case due to the war in Ukraine, which was provoked by the aggression of the Russian Federation in 2022. The research scrutinises different legal acts that were adopted during the wartime in Ukraine and the responses to them by the authorities that are allowed to apply law. The author proceeds from the assumption that behind each legal norm, in its foundation, there is a principle of law or a set of them that manifest themselves through legal norms when they are applied in a specific situation. Each principle of law is formulated as an absolute, and each of them tends to its own self-absolutization.The only restraint on the self-absolutization of a principle is another principle of law. The study shows the difficulties and consequences of rivalry between legal principles. The situation of the rivalry between legal principles can be identified only in the process of the application of law and is characterised by the circumstances that lead to the necessity of choosing which principle of law should be upheld in a certain situation. This situation must be prevented by the inspection of the preconditions to it in law and the practice of the application of law. The rule of law in a state is negatively affected by the rivalry between legal principles. The paper also highlights the problems that agencies authorised to apply the law face in cases of rivalry between legal principles and a lack of statutes’ or courts’ clarifications in this regard. Therefore, a concrete mechanism for balancing the principles of law in the situation of their rivalry must be practically implemented.

  • 6.
    Orzikh, Yurii
    кандидат юридичних наук, доцент, доцент кафедри цивільного права Національного університету «Одеська юридична академія», приватний нотаріус.
    Медіація в діяльності нотаріуса: Mediation in the activities of a notary2019In: Медіація у професійній діяльності юриста: Mediation in the professional activity of a lawyer / [ed] Natalia Krestovska, Luiza Romanadze, Ecology , 2019, p. 418-428Chapter in book (Other academic)
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    Медіація у професійній діяльності юриста
  • 7.
    Orzikh, Yurii
    кандидат юридичних наук, доцент, до-цент кафедри цивільного права Національного університету «Одеська юридична академія».
    СПАДКОВЕ ПРАВО В УМОВАХ ВОЄННОГО СТАНУ: INHERITANCE LAW UNDER MARTIAL LAW2023In: ПРОБЛЕМИ ЗДІЙСНЕННЯ ТА ЗАХИСТУ ЦИВІЛЬНИХ ПРАВ В УМОВАХ ВОЄННОГО СТАНУ: Challenges of exercising and protecting civil rights under martial law / [ed] E. O. Kharitonova; O. I. Kharitonova; K. G. Nekit, Phoenix , 2023, p. 163-176Chapter in book (Other academic)
    Abstract [en]

    The chapter examines the impact of martial law caused by the full-scale aggression of the Russian Federation against Ukraine in 2022 on inheritance law, the difficulties in exercising inheritance rights of citizens during martial law and certain ways to overcome such difficulties.

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    ПРОБЛЕМИ ЗДІЙСНЕННЯ ТА ЗАХИСТУ ЦИВІЛЬНИХ ПРАВ В УМОВАХ ВОЄННОГО СТАНУ
  • 8.
    Orzikh, Yurii
    Department of Civil Law, National University “Odesa Law Academy”, Odesa, Ukraine.
    ІТ та нотаріат: IT and Notariat2019In: ІТ право. теорія та практика: IT Law. theory and practice / [ed] Kharytonov Evgen; Kharytonova Olena, Ukraine: Phenix , 2019, p. 410-426Chapter in book (Other (popular science, discussion, etc.))
    Abstract [en]

    In the chapter issues of the implementation of informational technologies in notarial activity in Ukraine are explored from the legal perspective.

  • 9.
    Orzikh, Yurii
    et al.
    National University «Odessa Law Academy», Odessa, Ukraine.
    Dryshliuk, Andrii
    Odessa Court of Appeal, Odessa, Ukraine.
    ПРАВОЗАСТОСУВАННЯ VS «ВДОСКОНАЛЕННЯ ЗАКОНОДАВСТВА» (деякі міркування щодо сучасної юридичної практики): Application of law vs «improvement of legislation» (some considerations on current legal practice)2021In: Slovo of the National School of Judges of Ukraine, ISSN 2707-6849, no 2(35), p. 52-62Article in journal (Other academic)
    Abstract [en]

    Relevant problems of the practice of application of law and permanent process of improvement of the Ukrainian legislation are examined in this article. In particular authors stress on contradiction between process of the permanent improvement of the legislation and sustainability, predictability and legal certainty as principles of legal system. On the one hand, constant reforming of the legislation of Ukraine does not give possibility for subjects of law to create stable legal relations, which are regulated in a predictable way. On the other hand, legislation of Ukraine must be actual and even few “step ahead” the actual situation in Ukraine. It must give necessary methods, tools and legal instruments, which regulate relations between subjects of law. Described judicial and notarial practical cases show in what way flexibility of the legislation could be provided in conditions of the ongoing changes. Authors consider that qualified and high-quality application of the current legislation by the subjects of application of law gives possibility to provide flexibility of the legislation. Such application of law is done by subjects applying the law, although their actions are not directly provided for by the legislation, but they are not prohibited either. Essential principle of such application of law must be the whole tendency to create those legal consequences of the application of law which will not lead to the direct infringement of somebodies rights and interests within the process of application of law. Illustrated lawsuit and case of notarial practice show how exactly interpretative mechanism and analogy as a tool of the subject applying the law help to avoid infringements of rights and interests of heirs of the deceased person.

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    ПРАВОЗАСТОСУВАННЯ VS «ВДОСКОНАЛЕННЯ ЗАКОНОДАВСТВА» (деякі міркування щодо сучасної юридичної практики)
  • 10.
    Orzikh, Yurii
    et al.
    Department of Civil Law, National University “Odesa Law Academy”, Odesa, Ukraine.
    Orzikh, Viktoriia M.
    Private Notary of Odesa, Odesa, Ukraine.
    Глава 85. Спадкування за заповітом: Chapter 85. Testate succession2023In: Цивільний кодекс України. Науково-практичний коментар: The Civil Code of Ukraine. Scientific and practical commentary / [ed] Kharytonov Evgen; Kalitenko Oksana, Ukraine: Norma Prava , 2023, p. 1322-1335Chapter in book (Refereed)
    Abstract [en]

    Commentary of the Civil code of Ukraine on testate succession is provided and analyzed from the practical point of view.

  • 11.
    Orzikh, Yurii
    et al.
    Department of Civil Law, National University “Odesa Law Academy”, Odesa, Ukraine.
    Orzikh, Viktoriia M.
    Private Notary of Odesa, Odesa, Ukraine.
    Глава 86: Спадкування за законом (за виключенням статті 1267): Chapter 86: Intestate Succession (excluding article 1267)2023In: Цивільний кодекс України. Науково-практичний коментар: The Civil Code of Ukraine. Scientific and practical commentary / [ed] Kharytonov Evgen; Kalitenko Oksana, Ukraine: Norma Prava , 2023, p. 1335-1338Chapter in book (Refereed)
    Abstract [en]

    Commentary of the Civil code of Ukraine on intestate succession is provided and analyzed from the practical point of view.

  • 12.
    Orzikh, Yurii
    et al.
    Department of Civil Law, National University “Odesa Law Academy”, Odesa, Ukraine.
    Orzikh, Viktoriia M.
    Private Notary of Odesa, Odesa, Ukraine.
    Глава 87. Здійснення права на спадкування: Chapter 87. Performance of the right to inherit2023In: Цивільний кодекс України. Науково-практичний коментар: The Civil Code of Ukraine. Scientific and practical commentary / [ed] Kharytonov Evgen; Kalitenko Oksana, Ukraine: Norma Prava , 2023, p. 1340-1351Chapter in book (Refereed)
    Abstract [en]

    Commentary of the Civil code of Ukraine on the performance of the right to inherit is provided and analyzed from the practical point of view.

  • 13.
    Orzikh, Yurii
    et al.
    Department of Civil Law, National University “Odesa Law Academy”, Odesa, Ukraine.
    Orzikh, Viktoriia M.
    Private Notary of Odesa, Odesa, Ukraine.
    Глава 89. Оформлення права на спадщину. (за виключенням статті 1301): Chapter 89. Legalisation of the inheritance right. (excluding article 1301)2023In: Цивільний кодекс України. Науково-практичний коментар: The Civil Code of Ukraine. Scientific and practical commentary / [ed] Kharytonov Evgen; Kalitenko Oksana, Ukraine: Norma Prava , 2023, p. 1361-1363Chapter in book (Refereed)
    Abstract [en]

    Commentary of the Civil code of Ukraine on the legalisation of the inheritance right is provided and analyzed from the practical point of view.

1 - 13 of 13
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  • ieee
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