Legislative Basics of Legal Interpretation

The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and the principles for the implementation of legal interpretation activities by state power bodies; secondly: presentation on the basis of modern achievements and developments of legal science of the system of measures for standardization of such activity, bringing it in line with the needs of law enforcement practice. The solution of the set tasks was carried out using the method of philosophical dialectics, a system of general scientific and special scientific methods of cognition, which are based on the principles of objectivity, comprehensiveness, complexity. Based on the analysis of the normative material, it is concluded that there is no single harmonized approach in the Ukrainian legislation on the procedure for providing clarifications of the content of normative-legal acts. The authors give arguments on the need to clarify and streamline the legal interpretation activity by state bodies and propose a number of measures to achieve this goal. Based on the conducted analysis of the normative material, the authors outline the main problematic issues of the legislative definition of the basics of legal interpretation and provide specific proposals for improving the current legislation in this area.

     

Do Ukrainian Firms Benefit from FDI?

All countries are eager to attract as much foreign direct investments (FDI) as possible. At the same time FDI may have not only positive, but also negative economic effects for receiving countries. Positive effects are associated with technology transfer, efficient allocation of resources, and training of domestic workers. However, the entry of foreign firms could, e.g., lead to a decrease of labor productivity at domestic firms, which is a negative effect. The main purpose of this paper is to estimate direct and indirect effects of FDI. First, we test for direct influence of foreign direct investments on firms’ performance, where the latter is estimated alternatively as labor productivity and as exports. FDI notably increases both labor productivity and export volumes. Second, we look for spillover or indirect effects. There is statistical evidence that the levels of FDI in certain regional industries are associated with higher performance indicators of firms’ not receiving FDI in those same regional industries.     

An unfulfilling partnership: Ukraine and the West, 1991–2001

The political crisis in Ukraine in early 2001 and then the terrorist attacks against the US and the resulting dramatic change of international setting have sealed the trend that had emerged much earlier: the once promising partnership between Ukraine and the West has ended up in mutual unhappiness. As the West is discovering new ‘geopolitical pivots’ in the aftermath of 11 September, Ukraine has almost disappeared from the radar screen of Western attention. Yet for good reasons what happens in Ukraine, a currently uncertain and weakened country with a poor international reputation, still matters for the West. There has always been a close link between Ukraine's transition and Western attitudes towards Ukraine. This might be the moment to think afresh about past and future Western policies vis‐à‐vis Ukraine.     

Explaining Canada–US differences in attitudes toward the role of government: a test of S.M. Lipset’s ‘Continental Divide’

For decades scholars have engaged in a lively debate about the distinctiveness of Canadian and American value systems. Lipset (1990) argues that divergent responses to the American Revolution led Canada to embrace Tory values of ‘peace, order, and good government’ while Americans pursued classical liberal values of ‘life, liberty, and the pursuit of happiness’. Other scholars question the extent, or even the existence, of the differences Lipset describes. Using surveys of students from Canadian and American universities close to the Canada–US border, we identify compelling support for Lipset’s hypothesised differences on the role of government in the least likely setting imaginable.