General information about Donetsk Regional Scientific Center of National Academy of Legal Sciences of Ukraine
Donetsk Regional Scientific Center was created on the basis of the Institute of Economic and Legal Research of NAS of Ukraine on the basis of Decree of the Presidium of the National Academy of Legal Sciences of Ukraine from 30 June 2009 No. 66/2.
The activities of Donetsk Regional Scientific Center of National Academy of Legal Sciences of Ukraine spreads to the Eastern region of Ukraine, including Donetsk, Dnepropetrovsk, Zaporizhia, Luhansk region.
In order to implement the tasks of Donetsk Regional Scientific Center in its structure the Scientific Coordination Council was created. The leading scientists who conduct the researches, engage in teaching activity and work in research institutions and educational institutions of the Eastern region of Ukraine are taking part in the Scientific Coordination Council
Taking into account the largest concentration of scientific institutions and higher educational establishments in the Donetsk area the location of the Scientific Coordination Council of NALS Regional Centre of Ukraine was situated in Donetsk. However considering the extraordinary circumstances associated with military events in several settlements of Donetsk and Luhansk regions, including the territory of Donetsk, the official location of the Centre and the Scientific Coordination Council was changed. At this time the material and technical base of Donetsk Regional Scientific Center of National Academy of Ukraine, posted at the National mining University (Dnepropetrovsk).
Donetsk Regional Scientific Center
The personal staff of the Scientific Coordination Council consists of: academician of NAS of Ukraine, academician of National Academy of Legal Sciences of Ukraine V.K. Mamutov, academicians of National Academy of Legal Sciences of Ukraine V.I. Andreytsev, A. G. Bobkova; correspondent member of National Academy of Legal Sciences of Ukraine G. L. Znamensky, V. A. Ustimenko; doctors of legal sciences S. M. Alferov, M. O. Baimuratov, J. A. Voloshin, R. F. Grinuk, B. V. Derevyanko, T. O. Kolomoets, A. O. Monaenco, K. O. Chaplinskiy, O.V. Negodchenko, B. G. Rozovskiy, O. V. Shapovalova; doctors of economic sciences A. Y. Bersutskiy, O. A. Burbelo, V. M. Tisunova; doctors of historical sciences V. M. Kalashnikov; candidate of legal sciences I. G. Alexeenko, O. S. Zarzyckiy, R. S. Kirin, O. I. Levchenkov.
Valentin Karlovich Mamutov is the leadership of Donetsk Regional Centre, honorary Director of the Institute of Economic and Legal Research of NAS of Ukraine, academician of NAS of Ukraine, academician of National Academy of Legal Sciences of Ukraine, doctor of legal sciences, professor. The staff of the Centre is submitted by V.A. Ustimenko who is the Deputy Chairman and correspondent member of National Academy of Ukraine, professor and by R. A. Jabrailov who is the scientific secretary, doctor of legal sciences.
The activities of Donetsk Regional Scientific Center
Donetsk Regional Scientific Center of National Academy of Legal Sciences of Ukraine
was aimed to enhance the role of legal science in the development and implementation of effective regional policy and coordination of scientific research in the field of state and law of all institutions in the Eastern region of Ukraine, irrespective of departmental subordination.
The important directions in the activities of Donetsk Regional Centre of National Academy of Legal Sciences of Ukraine should recognize the implementation of research studies commissioned by Central and local bodies of state power, bodies of local self-government and judicial bodies; participation in law-making (rule-making) work and legal examination of draft laws and other acts; participation in organization and holding of scientific events.
So, by order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine (a letter No. 18-10/6321/0/6-11 from 25.07.2011) were prepared the proposals for updating the State strategy of regional development for the period up to 2015. Further in response to appeal of the Supreme Economic Court of Ukraine dated 19.04.2011, No. 03.12.03-14/485 was prepared by scientific expert opinion as to Decree of the Plenum of the Court “About some questions of practice of consideration of cases on disputes arising from land relations”. In addition, according to the letter of Donetsk Regional State Administration (from 03.06.2011 g. № 01-03892-07\01) the proposals on improving the procedures and indicators for assessing the performance of Central and local executive authorities on attraction of investments were developed, implementation of measures to improve the investment climate, monitoring of the investment conditions and the status of work with appeals of investors.
Integration of science and practice also found the expression in the performance of complex scientific research. In particular, by the order of the Luhansk Regional State Administration and Luhansk Regional Council have been a number of fundamental scientific researches on topical issues of socio-economic system of Ukraine, including “Legal protection of interests of non-state entities in public-private partnership” (№ state registration 0211U013366), “Legal measures introduction of energy saving technologies at the enterprises of metallurgy” (№ state registration 0112U002894), “Peculiarities of legal regime of economic use of land, subsoil and other natural resources” (№ state registration 0112U002895). The achievements of members from the Centre were used as the basis for the scientific substantiation of the concept of energy saving in Zaporizhia.
The activity of scientists in the region for drafting laws on important issues of socio-economic development of state is important in practical terms. The laws prepared by the Center have been approved by the relevant Committees of the Verkhovna Rada of Ukraine and have been used in legislative activity of Parliament. Particularly the following laws of Ukraine should be marked: “About introducing changes and amendments to the Economic Сode of Ukraine” (regarding the status of state-owned enterprises), “About amendments to some legislative acts of Ukraine concerning the provision of institutes of the National Academy of Sciences of Ukraine and sectoral academies of sciences the right to place temporary free own income on deposit accounts in banks”, “About amendments to the Law of Ukraine “About securities and stock market” (regarding the prevention of unfair issuance and circulation of shares), “About introducing the amendments and addenda to the Law of Ukraine “About higher education” (on the criteria for independent public and other organizations that have the right to control the quality of education; the partnership principle in the implementation of inspections of higher education institutions on compliance with the conditions for accreditation and licensing; granting the right to the universities to determine the content of state educational standards on the level of 30-40% in terms of allocation of study time and changes in curriculum), “About introducing the amendments and addenda to the Law of Ukraine “About militia” (as to improvement of legal regulation of certain aspects of administrative-legal activities of the police).
Additionally, by the members of the Center in the framework of the Commission activities on the administrative-territorial structure and local self-government of the Constitutional Assembly the proposals for amendments and additions to articles 133 and 142 of the Constitution of Ukraine (sections IX and XI) were developed in order to improve the structure of administrative-territorial division of Ukraine, expanding tax sources of budget revenues of territorial communities of villages, towns and cities.
Timely is the reaction of Donetsk Regional Centre of National Academy of Legal Sciences of Ukraine on an already developed draft laws relating to various spheres of economic life of the state. In particular, we have developed a number of proposals for the projects: Environmental Code of Ukraine (concerning the principles of state regulation of individual aspects of responsibility); Laws of Ukraine “About amendments to the Law of Ukraine “About electricity” (regarding the encouragement of electricity production from alternative sources), “On industrial parks” (with respect to the extension of the subject composition of the initiators and participants of the industrial park, implementation of their registration), “About amendments to the Code of Ukraine on mineral resources” (on subsoil use by the tenants of integral property complexes and concessionaires), “About amendments in some legislative acts concerning the expert support of justice in criminal cases” (proposed to expand the scope of entities which can be entrusted to perform forensic examinations), “About normative legal acts” (regarding specification of terminology). Special attention was paid to the analysis of main provisions of draft Code of Commercial Procedure of Ukraine. The significant position of Donetsk Regional Centre National Academy of Legal Sciences of Ukraine was taken into account during the discussion of new regulations draft on various issues of public life. In particular, the project of the Law of Ukraine “About amendments to the Constitution of Ukraine (on the basis of the economic system of Ukraine)” was developed. The main provisions of law were aimed at ensuring and maintaining an optimum combination of state regulation of economy and market regulation. The draft was sent to the Chairman of the Scientific Expert Group of the Constitutional Assembly.
In general, about 40 comments on draft laws, more than 50 draft laws and proposals for amendments to existing legal acts, 70 of analytical memos and expert opinions were generated by scientists from the region who had been participated. These materials were sent to the Verkhovna Rada of Ukraine, Administration of President of Ukraine, the Constitutional Court of Ukraine, Supreme Court of Ukraine, Supreme Economic Court of Ukraine, the relevant ministries and parliamentary committees of Ukraine as well as in the local authorities of Donetsk, Zaporizhia, Luhansk region.
It is important to note that with the participation of representatives of Donetsk Regional Centre of National Academy of Legal Sciences of Ukraine and organizational support some outstanding scientific events in the form of international and national conferences and round tables were taking place.
It is possible to highlight some few of them, namely: international scientific conference on energy law (Berlin, 2010); International scientific conference “Resources of large cities – resources for socio-economic development of region and country” (Minsk, 2010); German-Polish-Ukrainian scientific-practical conference “Mediation as a dispute resolution procedure by consensus” (Regensburg, 2010); International environmental forum (Kyiv, 2010); Round table “Constitutional bases of legal support of economy of Ukraine (problems of constitutional economy)” (with the participation of judges of the constitutional Court of Ukraine) (Donetsk, 2010); International scientific-practical conference “Legal education and legal science in Ukraine in contemporary transformation processes” (Kyiv, 2010); Ukrainian scientific-practical conference “Constitution – basis of legal democratic social state development and the formation of legal systems” (Kharkiv, 2011); All-Ukrainian scientific-practical conference “Actual problems of legal science and law enforcement activity” (Kyiv, 2011); Round table “The Economic Code of Ukraine: state and prospects of application” (together with group of scientists of the Republic of Kazakhstan) (Donetsk, 2011); All-Russian scientific-practical conference “Modern problems of business (economic) law” (Moscow, 2011); International interdisciplinary conference “Urban development and policy in Europe and Russia (St. Petersburg, 2011); International scientific conference “Improving the quality and safety of services for objects of tourism industry as a condition for the successful promotion of tourist product” (Sochi, 2011); Eighth international scientific-practical Internet-conference “Economic and legal research in the twenty-first century: the modernization of legal regulation of economic activities in the sphere of foreign trade” (Donetsk, 2011); International scientific-practical conference “Role of public property in the socio-economic development of Ukraine” (Donetsk, 2012); International scientific-practical conference “Systematization of legislation in the field of entrepreneurship: status and prospects” (Astana, 2012); Scientific-practical conference “10 years of application of the Commercial Code of Ukraine: current state and prospects for improvement of codification” (Kyiv, 2014); Round table “Reform of economic legislation of Ukraine” (Kyiv, 2016).
Scientific and practical recommendations which were prepared on the based results of these activities are directed to the relevant state authorities and local self-government.
The work of scientists from the region for training of highly qualified scientific personnel for enterprises, institutions and organizations of the Eastern region of Ukraine is active. In particular, under the scientific guidance (counseling) scientists of the Donetsk Regional Centre from 2010 to the present time, about 94 dissertations on competition of a scientific degree of candidate of legal and economic sciences and 7 theses for the degree of doctor of legal and economic sciences were defended.
The scientific potential of Donetsk Regional Centre of National Academy of Legal Sciences of Ukraine reflected in publishing activity which ensures wide circulation among the scientific community of innovative developments in the field of legal and economic sciences. During the work of Donetsk Regional Centre 67 books were published from which 42 has legal and 25 economic orientation, and 330 scientific articles and abstracts in international and national conferences.
Donetsk Regional Center of National Academy of Legal Sciences of Ukraine constantly expanding scientific contacts and cooperation with institutions and organizations of Ukraine and foreign countries.
The partnerships with the Constitutional Court of Ukraine, profile Committees of the Verkhovna Rada of Ukraine (in particular, on economic policy), the Cabinet of Ministers of Ukraine, ministries (in particular, economic development and trade) and other central bodies of executive power, the Supreme Economic and Administrative Courts of Ukraine, judicial and law enforcement authorities, local executive authorities and local governments, institutions of higher education are established.
Additionally the international ties with the institutions and organizations are deepening:
The Republic of Belarus – Belarusian State University;;
The Republic of Kazakhstan – Institute of Legislation of the Republic of Kazakhstan;
The Republic of Lithuania – Vilnius University;
The Hungary – Central European University;
The Republic of Poland – Wroclaw University, Jagiellonian University;
The Federal Republic of Germany – the Munich Institute of Law of Eastern European countries, Regensburger University, the German Foundation for international legal cooperation;
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Italy – University of Bologna;
The Kingdom of the Netherlands – the International Criminal Court;
The United States – the John Marshall Law school ,foundation of Constitutional Law.
For the near future among the priority activities of Donetsk Regional Centre of National Academy of Legal Sciences of Ukraine the studies of problems and prospects of restoration and development of socioeconomic system of the Donbass should be defined. It is therefore necessary to intensify research in the Eastern region with the aim of developing concrete proposals to improve current legislation of Ukraine and creation of favorable conditions for attracting investments in the development of economy real sector, social infrastructure of areas affected by hostilities. Achieving this goal may contribute to the restoration of special regimes of economic management, establishment and operation of industrial and science parks and etc.
To the perspective areas of Donetsk Regional Centre of National Academy of Legal Sciences of Ukraine the development of legal issues of state economic management decentralization, effective division of powers between bodies of state power and local self-government subject to the principle of subsidiary should also be included.
The questions of economic security of business entities, determination of effective legal regulation in the sphere of ecological safety, improvement of legal regulation of separate types of economic activity, the rights and freedoms of man and citizen by bodies of state power and local self-government are presented the advanced scientific interest.
Undoubtedly, the implementation of these and other research plans requires the personnel and financial support strengthening for research activities. It seems that these issues will be resolved in the near future.
Address of Donetsk Regional Scientific Center of National Academy of Legal Sciences of Ukraine:
49005, Dnepropetrovsk, Karl Marx Avenue, 19, office № 313,
Tel. 066 027 87 16 (Ruslan Dzhabrailov Ajatchahovich)
E-mail: ruzaur@mail.ru