Yurii Burylo
Yurii BURYLO
Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship of the NALS of Ukraine, Yurii BURYLO
Vladyslav Teremetskyi, Yurii Burylo, Serhii Bandurka, Serhii Albul, Yurii Riabchenko
The article addresses legal, social, and economic issues arising from the introduction of artificial intelligence in the judiciary. The primary focus of the article is the protection of fundamental human rights and freedoms in the context of applying artificial intelligence in judicial proceedings. The methodology employed includes deductive, comparative, historical, prognostic, structural, and functional methods, as well as system analysis and scientific generalization. A wide range of international experiences in applying artificial intelligence systems within the judiciaries of various countries, such as the USA, China, India, Brazil, and the UK, is examined. Significant attention is devoted to the legislation of countries that have already integrated artificial intelligence into their justice systems. Moreover, particular emphasis is placed on the first comprehensive act of international legislation dedicated to artificial intelligence—the AI Act of the European Union. It is demonstrated that the use of artificial intelligence can increase the efficiency of judicial proceedings and facilitate access to justice for ordinary people. However, concerns remain regarding technological accessibility and fairness, a lack of public trust, transparency, the potential compromising of judicial authority, and the financial costs associated with introducing AI tools in courts. The conclusion drawn is that a robust legal framework, along with human oversight and ethical standards concerning artificial intelligence, is essential for protecting fundamental human rights and maintaining public confidence in the judiciary.
Ю.П. Бурило, Т.В. Безе, А.В. Соколова
Academician F. H. Burchak Scientific Research Institute of Private Law and Entrepreneurship, Yurii BURYLO
The article examines the most promising models of legal protection for works generated by artificial intelligence (AI), taking into account the specifics of copyright law and the dynamics of technological development. It is established that due to the anthropocentric approach to authorship, the legislation of most countries does not ensure copyright protection for AI-generated works. Even the concept of computer-generated works, introduced in the legislation of some jurisdictions, does not fully resolve the complex issues arising from the creation of works involving AI. However, it grants authorship to those who develop and operate AI systems. In contrast, another concept treats AI-generated works as part of the public domain. While this approach may benefit society as a whole, it proves disadvantageous for those who invest in and utilize AI systems. The article also analyses the emerging concept of “electronic persons,” which proposes attributing legal personality to autonomous AI systems. This approach is considered more flexible, as it allows the AI system itself to hold copyright, while enabling the owner to exercise control over its implementation. However, this model requires further technological progress and legal recognition, potentially linked to the development of Artificial General Intelligence (AGI). Attention is drawn to the fact that Ukrainian legislation already contains norms regulating relations concerning AI-generated objects, granting them a sui generis form of protection. However, such protection applies only to non-original objects and does not include moral rights. Therefore, the article emphasizes the insufficiency of the existing regulatory framework and the need to improve it, taking into account technological developments and international legal trends.
Vladyslav Teremetskyi, Yurii Burylo, Olha Zozuliak, Mykolai Koshmanov, Nataliya Polyova, Petruk Olha
Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship of the NALS of Ukraine, Yuriy BURYLO
Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship of the NALS of Ukraine, Yuriy BURYLO
Yu. Burylo
In recent years, Ukraine has been working hard to bring its food legislation in correspondence with the relevant EU law. The most recent development in this area of legislation has been the adoption of the law governing the production, distribution and use of materials and articles, intended for contact with foodstuffs. The article deals with the novel requirements of this law regarding materials and articles intended for contact with foodstuffs from the perspective of ensuring the food safety as well as ensuring food security. At the same time, an attempt is made to establish the correlation between the concepts of food safety and food security. First of all, the general requirements of the law aimed at preventing the migration of chemicals from contact materials and articles into food are analyzed. In addition, the article addresses the mechanism of establishing special requirements, in particular purity standards, general and specific migration limits for chemicals, etc. with regards to certain groups of contact materials and articles, such as active and intelligent materials and articles, adhesives, plastic, printing inks, regenerated cellulose, varnishes and coatings, etc. The authorization mechanism for substances and plastic recycling processes used in the production of materials and articles intended for contact with foodstuffs is analyzed. The requirements of the law regarding the declaration of compliance with the established requirements for materials and articles intended for contact with foodstuffs are also examined. In conclusion, it is noted that the adoption of the European integration legislation on contact materials and articles is primarily aimed at ensuring food safety, although it also indirectly contributes to food security. At the same time, the application of certain methods of state regulation set out in the new legislation requires striking a delicate balance between achieving the goals of food safety and food security.
Volodymyr Korol, Oksana Nebyltsova, Yurii Burylo, Vladyslav Teremetskyi, Igor Pryianchuk
The purpose of the article was to reveal the conditions and consequences of key developments in the Ukrainian tax legislation, with respect to charitable donations by residents and non-residents in the context of the martial law regime, but de facto, large-scale war; as well as to determine models of development forecasting tax incentives for the post-war period of the restoration of Ukraine. Interdisciplinary descriptive, analytical and prognostic methods were used in the development of the research; in particular, comparative, situational and matrix analysis, interpolation and extrapolation of trends, conceptual and cognitive modelling. It is concluded that, Ukrainian tax policy is being significantly modernized by implementing a wide range of novelties related to key national taxes, namely: corporate income tax and individual income tax, to create the most favourable treatment for charitable donations by individuals, legal entities, charitable organizations and business entities. It is expected that the post-war legislative strategy for taxation of charitable giving will be different from the peacetime and wartime models.
Yurii Burylo, Oleksandr Malyshev, Olha Seleznova, Nataliia Lepish, Marta Samchenko
The aim of the article is to assess Ukraine’s progress in the approximation of its administrative legislation on food contact materials and articles with the relevant EU law. The study has been carried out using the method of system analysis and synthesis, comparative legal method as well as historical legal method. It has been established that most of the legal requirements for food packaging materials in Ukraine have been brought in line with those of the EU. Similar to the EU Ukraine can now use such administrative regulatory instruments as the adoption of special requirements for certain groups of food packaging materials as well as the state registration (authorization) of substances that can be used in the manufacture of food packaging materials. At the same time, the conclusion is made that there are discrepancies between Ukraine’s legislation and the EU law regarding the recycling of plastic. These discrepancies can be explained by the fact that the EU has recently adopted new legislation, which is more comprehensive and addresses the recycling of plastics at the level of industrial technology, recycling processes and recycling equipment, whereas Ukraine’s national legislation is mainly focused on plastic recycling processes.
Yurii Burylo
Yurii Burylo
Y.P. Burylo
The article is devoted to the analysis of the latest innovations in the legislation on veterinary medicine, namely the regulation of the production, distribution and use of veterinary medicines. The adoption of the new Law of Ukraine “On Veterinary Medicine” is caused by the need to approximate the relevant national legislation with the legislation of the European Union to fulfill Ukraine’s international obligations under the Association Agreement. This law reflects the latest trends in the development of legislation on veterinary medicinal products in the European Union.
 The article pays attention to the strengthening of state regulation of production and distribution of veterinary medicines, in particular the introduction of licensing of imports, wholesale and retail sales of these medicines in Ukraine, due to the need to combat counterfeiting and veterinary medicinal products of dubious quality. It is also noted that the changes in the procedure of state registration of veterinary medicines provided by this law will on the one hand reduce the administrative burden on business due to the transition to indefinite state registration of veterinary drugs, and on the other hand new requirements for the registration dossier will improve the safety, quality and efficacy of veterinary medicinal products.
 New requirements for the use of antibiotics are analyzed. Attention is drawn to the fact that along with the regulation of the use of antibiotics in animal husbandry, it is also necessary to regulate in more detail the issues of control of the circulation of active substances (active pharmaceutical ingredients). The article also deals with the mechanism of veterinary pharmacovigilance, which is new for Ukraine. At the same time, it is necessary to study the practical experience of implementing the European model of pharmaco to improve the relevant legislation in Ukraine.
Oleksandr D. Krupchan, Yurii P. Burylo, Victoria V. Vasylieva
The article is devoted to the issues of improving the legal basis of state control of food safety in the context of harmonisation of national legislation of Ukraine with the relevant legislation of the European Union. The relevance of the study is due to the need to improve the effectiveness of state control of food safety to guarantee European standards for the protection of human health. The purpose of the study is to clarify the structural features of legislation related to state control of food safety, identify practical issues of legal regulation of state control of food safety and develop ways to solve them. The methodological basis of the research consists of the comparative legal method, historical-legal and dialectical methods, methods of analysis and synthesis, system-structural and formal-legal methods. It was found that food legislation and feed legislation have a common goal of legal regulation – the protection of human health, although from a formal point of view they are different areas of law. Insufficient legal certainty of such grounds for unscheduled inspections as reasonable suspicion of non-compliance with legal requirements is due to different approaches to the formulation of powers of regulatory authorities in Ukraine and the European Union. In order to avoid corruption factors during state control of food safety, it is better to introduce information and communication technologies, and not resort to incomplete harmonisation of the legislation of Ukraine with the legislation of the European Union. The introduction of the European concept of food fraud in Ukraine requires its coordination with criminal and administrative legislation, as well as the creation of the necessary organisational and legal conditions for identifying relevant offenses during state control of food safety
State University Kyiv National Economic University Vadym Hetman, Yurii Burylo
The article deals with the issues of protecting the labor rights of healthcare workers by trade unions. In particular, special attention is paid to the doctrinal and legal foundations of protecting the labor rights of medical professionals by trade unions as well as the legal regulation of trade unions’ activities, their rights and duties aimed at the execution of labor rights protection function in healthcare sector. It is also emphasized that there is a great need to improve the protection of healthcare workers’ rights in the light of numerous biological hazards in the healthcare sector. By the means of system analysis, historical and comparative methods a number of gaps and inconsistencies in the current Ukrainian legislation concerning the powers of trade unions and the rights healthcare workers have been revealed. Ways to improve this legislation by addressing those gaps and inconsistencies have been suggested
