Maryna Myklush
Born January 07, 1988, in Ukraine (Novoyavorivsk, Lviv region).
The current residence is in Kyiv, Ukraine.
Education:
Jurisprudence (with in-depth study of English) - Bachelor’s degree with honors (2009),
Jurisprudence - Master’s degree with honors (2010),
Philology: Translation (English and German languages) - Bachelor`s degree (2016),
Philology: Translation (English and German languages) - Master’s degree with honors (2017).
Since 2024, I am a PhD student at the Toulouse Capitole University (France).
Also, I took more than fifty courses in the field of law, among which I`d like to highlight the following ones:
“The Labor Rights in the light of the criteria established in the case-law of the European Court of Human Rights” (launched by the European Programme for Human Rights Education for Legal Professionals) (March 16, 2019),
“The basic principles of human rights protection in biomedicine” (April 13, 2019),
“The Labor Rights in the light of the criteria established in the case-law of the European Court of Human Rights” (launched by the European Programme for Human Rights Education for Legal Professionals) (June 08, 2019),
“The interpretation of Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (criminal proceedings aspect)” (April 4, 2022),
“The peculiarities of implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in wartime” (April 15, 2022),
“The relocation of the business to the European Union: practical nuances” (April 27, 2022),
“The corporate social responsibility”, presented by Oliver Hart (May 10, 2022),
Languages: English (level Advanced C1), French (level A2), Polish (level A2), Russian (Expert C2 - native speaker), Ukrainian (Expert C2 - native speaker), German (level A1).
From July 2009 to July 2015 I worked at the “FOX” Law Group (Head of the Judicial Protection Department),
I have been working at the “FOX” of Maryna Myklush” (Attorney, CEO) since July 2015.
Extensive experience in different fields of law (the focus on the Law of the Council of Europe, contract and corporate law, INCOTERMS, the European Court of Human Rights, agreements: foreign economic activity, NDA, NCA, lease, agency/commission, distributor).
At present, I`m conducting the following research in the field of law:
- legal regulation of space activity;
- international security.
In addition (hobby), I research to find the following historical objects:
- factors influencing ancient information;
- the labyrinth described by Herodotus;
- the place of residence of the “Atlantians” tribe and the location of Mount “Atlas” described by Herodotus;
- the grave of Alexander the Great.
Address: Kyiv, Ukraine
The current residence is in Kyiv, Ukraine.
Education:
Jurisprudence (with in-depth study of English) - Bachelor’s degree with honors (2009),
Jurisprudence - Master’s degree with honors (2010),
Philology: Translation (English and German languages) - Bachelor`s degree (2016),
Philology: Translation (English and German languages) - Master’s degree with honors (2017).
Since 2024, I am a PhD student at the Toulouse Capitole University (France).
Also, I took more than fifty courses in the field of law, among which I`d like to highlight the following ones:
“The Labor Rights in the light of the criteria established in the case-law of the European Court of Human Rights” (launched by the European Programme for Human Rights Education for Legal Professionals) (March 16, 2019),
“The basic principles of human rights protection in biomedicine” (April 13, 2019),
“The Labor Rights in the light of the criteria established in the case-law of the European Court of Human Rights” (launched by the European Programme for Human Rights Education for Legal Professionals) (June 08, 2019),
“The interpretation of Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (criminal proceedings aspect)” (April 4, 2022),
“The peculiarities of implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in wartime” (April 15, 2022),
“The relocation of the business to the European Union: practical nuances” (April 27, 2022),
“The corporate social responsibility”, presented by Oliver Hart (May 10, 2022),
Languages: English (level Advanced C1), French (level A2), Polish (level A2), Russian (Expert C2 - native speaker), Ukrainian (Expert C2 - native speaker), German (level A1).
From July 2009 to July 2015 I worked at the “FOX” Law Group (Head of the Judicial Protection Department),
I have been working at the “FOX” of Maryna Myklush” (Attorney, CEO) since July 2015.
Extensive experience in different fields of law (the focus on the Law of the Council of Europe, contract and corporate law, INCOTERMS, the European Court of Human Rights, agreements: foreign economic activity, NDA, NCA, lease, agency/commission, distributor).
At present, I`m conducting the following research in the field of law:
- legal regulation of space activity;
- international security.
In addition (hobby), I research to find the following historical objects:
- factors influencing ancient information;
- the labyrinth described by Herodotus;
- the place of residence of the “Atlantians” tribe and the location of Mount “Atlas” described by Herodotus;
- the grave of Alexander the Great.
Address: Kyiv, Ukraine
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Papers by Maryna Myklush
On the grounds of the results of the study, 7 natural factors and 2 technical factors are identified, the influence of which determines the spaces to which the sovereignty and jurisdiction of both states and all of humanity extend.
Based on these factors, the NMC Concept “natura, moribus et consuetudines” is proposed, according to which, due to natural and other factors, all outer space above the Earth`s surface is divided into a “domestic room” (our Solar System) and an “alien room” (outside the Solar System), the boundary between which are the Kuiper Belt and the center of the Sun.
At the same time, it is proposed to apply the principle of “Res Communis Humanitatus” to the “domestic room”, and the new principle of “Res Nullius Civitatis et Res Communis Animal Rationale” to the “alien room”.
Additionally, the authors emphasize the fact that the above factors have already formed the structure of the “domestic room” regardless of the existing intentions and suggestions, leaving the world to recognize and accept it.
Within the structure of the “domestic room”, the following two types of spaces have been formed: the “unified and sovereign spatial-territorial domains of states”, to which the exclusive jurisdiction of states extends, and “Res Communis Humanitatus”, to which generally recognized international law extends.
In these circumstances, considering all natural and technical factors, the authors take notice of the allocation of two separate layers in “Res Communis Humanitatus”: “Orbital layer” and “Ballistic space”.
The authors also propose developing a “sanitary atmospheric zone” to ensure humanity`s safety from the effects of the “X” factor.
Moreover, the authors suggest applying different principles of international regulation to the “Ballistic space,” the “Orbital layer” and the space beyond it, based on the mechanisms of “tacit consent,” “silent disapproval”, “active consent”, and “active disapproval”.
The result of this research is a draft Pact for the Cosmos.
It is also associated with the activities of the Cabinet of Ministers of Ukraine and the Ministry of Education and Science of Ukraine, which in 2024 changed the rules for admission to higher educational institutions and limited access to education for those seeking education who declared their desire to study full-time and on a paid basis in postgraduate studies for obtaining the third (educational and scientific) level of higher education.
The Ministry of Education and Science of Ukraine, as has always been the case, defended its discriminatory reforms regarding the availability of education, referring to the introduction of a military emergency in Ukraine and problems in the process of mobilizing students for war.
At the same time, access to education was limited both for paid education recipients (at their own expense) and for free education recipients (at the expense of state and local allocations). In turn, taking into account the fact that in Ukraine the system of grant education at the expense of scholarships from universities, philanthropists, and sponsors practically does not operate, this situation became a certain cataclysm in the field of education, which negatively affected both students (who began to go abroad en masse) and higher educational institutions.
First of all, it is connected with depriving a number of young scientists of the opportunity to continue their research through postgraduate study, and secondly, with depriving higher educational institutions of income, the absence of which can lead such educational institutions to bankruptcy.
As a result, the legality of the actions of the Cabinet of Ministers of Ukraine and the Ministry of Education and Science of Ukraine regarding restricting access to education became acute in Ukrainian society.
This article is the second article from the cycle of research. It contains the results of a legal study of education accessibility during the military emergency in Ukraine.
According to this formula, states, private companies, non-governmental organizations, and individuals can join the GNASS regardless of their location or place of business.
At the same time, at the initial stage, the GNASS would consist of only three main elements.
The first element is the Transit Territorial Security Policy, which is based on the following principles: an effective structure (based on an interstate corporation), effective transport security corridors (the SATTRON), and effective legal solutions.
The second element implies the Non-Provocative Defense Policy, which is achieved by fulfilling the following conditions: the renunciation of all states from national military legislation and their accession to the UN Unified International Military Charter (which shall be developed); the reduction of the armed forces of all states through their refusal of military and other types of mobilization of people; the protection from prosecution and punishment of any individuals, private companies or non-governmental organizations that refuse to take part in hostilities.
The third element is the Food Security Policy, which is based on the construction of the Underground Greenhouse-Bomb Shelter System (the SUGREBOS) to guarantee food for people both in peacetime and during military conflicts and natural disasters.
According to the author, the development of a global security system based on the GNASS principle would eliminate military conflicts within several years, since the economic and security attractiveness of this system is so extreme that most states would agree to fulfill all the conditions for joining the GNASS.
First of all, the research raises the issue of the format of the existing Space Law (including the form of Conventionalis stipulatio) as well as the question of the possibility of the emergence in the future of several new legal systems to regulate space activities. In this regard, the list of subjects and objects of space activities and space law is revised, and options for their classification and new interpretations are proposed.
In addition, at this stage of the research, a proposal is presented for applying a new approach to organizing the legal space of the Universe taking into account the principles of “domestic room” and “alien room”. At the same time, this proposal also includes the use of new methods to determine the spatial-territorial jurisdiction of States. Thus, instead of searching for the border between airspace and outer space (which has not yet been successful), the question of the possibility of dividing the entire aerospace into several special layers is considered, namely, a layer of spatial security of States, a layer of spatial security of humanity, and open space.
Additionally, the research emphasizes the gradual formation in 1958 – 1963 of the first four most important General Principles for Space Activities, which in the future may become the basis for the development of Outer Space Public Law aimed at the benefit of all humanity.
According to the author, the findings of this research can be useful to form a new insight into the process of regulating space activities and develop new forms and types of Space Law that will change the international situation in this area for the better.
The study`s results show the uniqueness of Outer Space Law and its distinctive features, without which it is impossible to create an effective mechanism for regulating space activities.
The basis of its uniqueness is the environment of application of Outer Space Law (“Cosmos”), which is not the natural habitat of a human and that nobody owns.
During the study of Outer Space Law, the processes of gradual formation of terms, theses, and antitheses as well as the emergence of legal conflicts have been identified.
At the same time, it is revealed that the processes of the evolution of theses and antitheses, the formation of terminology, and the creation of interpretation of terms have not occurred naturally and experimentally but through diplomatic proposals and political agreements. In turn, this led to heterogeneity, inconsistency, incompatibility, non-conformities, and ambiguity of most provisions of Outer Space Law and as a consequence the ineffectiveness of the process of regulating space activities.
Thus, the study shows the urgent need for the creation of the Unified World Analytical Legal Platform of Outer Space Law (Cosmic Law Portal) and the universal cosmic language of terms.
During the research process, the following elements and characteristics of the Cosmic Law Portal have been identified, the presence of which is necessary for the formation of effective Outer Space Law: 1) a database of international and national acts and documents regulating space activities; 2) mechanisms that monitor and control the evolution of legal theses and the emergence of antitheses and legal conflicts; 3) mechanisms to provide open and interactive access to professionals and scientists around the world; 4) mechanisms of legal analysis; 5) open access mechanisms for the entire world community with the possibility of voting.
At the same time, the author has identified 7 main stages necessary to create the Cosmic Law Portal: 1) the comprehensive study of international and national legal regulation of space activities from the beginning to the present day; 2) the comprehensive study of the terminology of space activities and Outer Space Law; 3) the study of the principles of construction of Outer Space Law; 4) the creation of the Cosmic Law Portal; 5) involving specialists and scientists from all over the world in the discussion and analysis of legal documents in the field of Outer Space Law; 6) presenting the platform to the world community; 7) the research and application of public opinion and public position related to Outer Space Law.
The beginning of the study reveals four factors of the Prism of Time that influenced the distortion of information concerning the Atlantians (that reached us in the texts of Herodotus), which shall be taken into account when conducting this study: “The factor of information transfer”, “The factor of changes” (the factor of natural changes), “The misinterpretation factor”, and “The dissonance factor of worldviews”.
Further, the article presents the results of the study of the way to the Atlantians described in sections 168 – 187 of Book IV of “The Histories” by Herodotus.
At the same time, the author of the article has established that this fragment of text consists of at least three independent parts: section 168 – the first sentence of section 181 (part 1); the third sentence of section 181 – the fourth sentence of section 185 (part 2); section 186 – section 187 (part 3). The first and third parts contain descriptions of the Libyan tribes (the territory of modern Libya and Tunisia), and the second part describes the tribes of Nubia (the territory of modern southern Egypt and the North of modern Sudan).
Moreover, during the study, it has been proven that the second part of the fragment is a separate story that is not connected with either the first or the third parts of the fragment. For unknown reasons the scribes and editors of the Herodotus texts artificially placed a description of the tribes of Nubia and Atlantians (the second part of the fragment) between the descriptions of the Libyan tribes (between the first and third parts of the fragment).
In this regard, the article separately examines the way to the Atlantians described in the second part of the fragment, which ran from Thebes in the direction of the South (upstream of the Nile) through the Nubian Desert, in which Nubian tribes lived, further through the Ethiopian highlands and Afar triangle to the Strait between the Red Sea and the Gulf of Aden (with the modern name of “Bab-El-Mandeb”).
The research reveals the following inconsistencies in the early studies of the Atlantians and Atlantis:
- The Nubian Desert was confused with the Libyan Desert,
- The Ethiopian highlands were confused with the mountains of the Atlas system,
- the Strait between the Red Sea and the Gulf of Aden (with the modern name of “Bab-El-Mandeb”) was confused with the “Pillars of Heracles” (modern Strait of Gibraltar).
Moreover, based on the results of this study, it has been found that the Atlantians described by Herodotus lived in the territory of the modern Ethiopian Highlands, the highest peak of which is always hidden in the clouds and is called Mount Ras Dejen (15,157 feet or 4,620 meters).
In addition, to clear up the confusion that arose due to the distortion of the information under the influence of many factors, the article also provides comments on the geographical landmarks that Herodotus mentions on the way to the Atlantians: the mountain that Herodotus called Mount Atlas; the strait which Herodotus called the “Pillars of Hercules”, and so on.
Also, the article suggests that the mythical or fictional island of Atlantis described by Plato could be located in the Red Sea in front of the Strait or the modern Gulf of Aden – in front of the Strait from the ocean (where, by the way, an unexplained anomaly, so-called “Gulf of Aden Swilly” has been recently found).
However, in any case, this new data is the basis for a complete revision of the strategy and conducting new research to search for Atlantis and study the life activities of the Atlantians.
The article is focused on an attempt to answer some controversial or unresolved issues related to the regulation of relations in outer space and on celestial bodies.
Thus, for example, there are still many different theories and discussions on the topic: Does space law exist or not, and provided it exists, what documents can be attributed to its sources? Who can be the founder of space law, and to what extent? What can be the subjects and objects of space activities and space law? And, of course, one of the most important issues is the question of the jurisdictions of subjects of space activities and space law.
To understand this, it is necessary to return to the origins of the process of regulating space activities, namely, during the period 1958-1963 years, when the technical exploration of outer space and celestial bodies had just begun and the first and most important documents in this area were adopted, namely, the first Resolutions and UN Declaration.
Based on the analysis of these documents and the circumstances in which they were created, as well as taking into account the various opinions of scientists and the basic postulates of the theory of law, and even taking into account some philosophical aspects of human nature, this article attempts to define and describe the essence of space law, existing and possible spatial and territorial jurisdictions and also the subject-object composition of participants in space activities.