Activities Of Authorities Research Articles

Are There Grounds for Tax Consequences of Non-Tax Reporting?

The relevance of the research topic is determined by the peculiarities of the implementation of control powers by tax authorities in modern conditions. Similar features are related both to the sphere of relations, namely the circulation of excise goods, the procedures of which are controlled, and the specifics of materials and documents that are examined by the controlling authorities. Accordingly, there is a need for a clear answer to the question - whether non-tax reporting can directly generate tax consequences, which leads to the imposition of fines and penalties for the payer. The purpose of the article is to evaluate tax control measures that reflect the peculiarities of cameral, factual and documentary verification procedures. In order to achieve this goal, several tasks were identified. First, decide on the subject of camera and actual inspection, during which compliance with the legislation on the circulation of excise goods is assessed. Secondly, the ratio of the content of tax reporting and reports on the volume of acquisition and sale of tobacco products, which do not have a tax nature, but perform an exclusively statistical purpose. Thirdly, clarifying the reasons for tax consequences when submitting reports on compliance with licensing conditions for the sale of excise goods. The research uses a number of methods of scientific knowledge. First of all, the system method, on the basis of which the tax consequences regarding the control actions of tax authorities for the circulation of tobacco products are evaluated in the system of implementation of general methods of tax control, the system of tax inspections. In addition, in the mode of implementation of the comparative legal method, an assessment of the legislation that directly regulates tax relations and legislation, the regulation of which is aimed at streamlining the circulation of tobacco products, is carried out. And finally, the method of assessing the dynamics of the development of relations involves clarifying the nature of the phenomenon in dynamics from an assessment of how it happened before, how it is happening now, and what development prospects this phenomenon has. The reconciliation of the reasons for conducting tax audits with their consequences has been studied. Variants of harmonizing tax legislation and legislation regulating the circulation of excisable goods during the provision of tax reporting and its verification have been considered. The level and availability of scientific studies related to the generalization of the excise tax payment procedure, the state of judicial practice in resolving similar disputes, were analyzed.

NEW DATA ON THE CHARITABLE ACTIVITIES OF THE BUDDHIST CLERGY OF EASTERN SIBERIA DURING WORLD WAR I

The author studies the contribution of the Buddhist clergy of Eastern Siberia to the collection of donations and other charitable actions of the re-gional authorities connected with the military and other needs. The aim of the study is to identify new materials about the role of the Buddhist hierarchy and the Buryat population on the whole in organizing and holding charitable events in 1914-1916. The following tasks have been set to achieve the goal: 1) to study the Buryat datsans’ participation in district circle gatherings, and also the collections of donations during religious holidays; 2) to analyze the agricul-tural assistance of the Buddhist clergy to the local peasants; 3) to consider some resolutions of the Buryat volost assemblies adopted with the direct par-ticipation of the Buddhist hierarchy; 4) to study the charitable activities of the Buryat datsans aimed at the functioning of the infirmary on the Caucasian front. Particular attention is given to the facts of the baptized Ongotson Khamnigans’ refusal from collecting donations organized by the Buddhist clergy. The work has been based on the materials from the funds of the State archive of the Republic of Buryatia and that of the Trans-Baikal region. The new details of the charity of the Buddhist clergy and Buryat population con-firming the scale of their assistance to the state during World War I have been identified as the result of studying.

Принцип верховенства права в конституційному праві

Abstract. The principle of the rule of law is a fundamental element of constitutional law that ensures stability and justice in the legal system. This article explores the historical development of the rule of law, from its origins in classical legal systems to modern interpretations and implementations. Particular attention is paid to the analysis of key aspects of the rule of law, such as its importance for the protection of human rights and freedoms and the role of constitutions in ensuring it. Taking into account the content of Article 8 of the Constitution of Ukraine and the practice of the Constitutional Court of Ukraine, the rule of law should be understood, in particular, as a mechanism for ensuring control over the use of power by the state and protection of individuals from arbitrary actions of the state authorities. The rule of law is seen as a normative ideal that every system of law should strive for. And as an integral and universal principle of law, it should be considered, in particular, in the context of the following fundamental components: the principle of separation of state power, the principle of democracy, the principle of legality, the principle of popular sovereignty, the principle of fair trial, and the principle of legal certainty. The article discusses the current challenges facing the implementation of the rule of law in different countries. In particular, the problems of corruption, political pressure and crisis of justice, which may hinder the effective implementation of this principle, are analyzed. Specific examples of violations of the rule of law and their consequences for society are studied, allowing for a better understanding of the importance of adhering to this principle. The article also contains a comparative analysis of the implementation of the rule of law in different legal systems, highlighting successful models and practices. The role of international organizations such as the United Nations, the Council of Europe, and the European Union in maintaining and promoting the rule of law at the global level is explored. This allows us to draw conclusions about the impact of international law on national constitutional systems and emphasizes the importance of international cooperation in this area. Keywords: rule of law; constitutional law; protection of rights and freedoms; international organizations; justice; legal system.

LEGISLAÇÃO E REGULAMENTAÇÃO SOBRE A EMISSÃO DE GASES DE EFEITO ESTUFA NA NAVEGAÇÃO: ESTADO, EVOLUÇÃO E IMPACTOS NO BRASIL

This paper analyzes aspects of international and Brazilian legislation on maritime transport activities and the actions of Brazilian authorities and companies in the sector to ensure compliance with existing environmental requirements, with emphasis on the control of greenhouse gas (GHG) emissions. The paper analyzes the ongoing climate change process and international initiatives to mitigate greenhouse gas (GHG) emissions by economic activity sectors, with an emphasis on maritime transport activities in Brazil, A bibliographical research was conducted on greenhouse gas emissions through scientific articles, government websites and websites of various entities and organizations. A survey was conducted on the initiatives of companies in the sector and on the perception of shipping professionals about the state and prospects for progress in the implementation of measures to mitigate emissions on vessels. The results showed that the regional approach complements global regulations and reinforces the need for a coordinated response to address the environmental challenges posed by international shipping and that the integration of these international regulations is essential to promote sustainable practices and ensure global compliance.

Хлібозаготівельні кампанії у південно-східних областях України як форма терору проти селянства регіону

The topic of the Famine of 1932–1933 was and remains sensitive for Ukrainian society. The 90th anniversary of this tragedy coincided with no less tragic events caused by Russia’s full-scale war against Ukraine. In both cases, we are dealing with an attempt to destroy the Ukrainian people, destroy their state, reshape culture, annex memory. Each of these efforts of the totalitarian regime can be considered both individually and comprehensively, through the prism of the use of special mechanisms of terror. The Soviet Union was the state that, from the first days of its existence, turned terror into a tool for “working” with society. It was he who was used by the Bolshevik regime to “solve” the national question. In parallel with the promotion of the idea of internationalism, the Soviet government embodied, initiated and intensified the class struggle. Its scale was fully felt by the Ukrainians, who in the 1930s became hostages of an artificially created famine. However, the proposed article offers an analysis not of famine as such, but of the preconditions that led to it through total bread harvesting campaigns. The focus is on highlighting their scale in the region, the population of which, a priori, could not become hostage to hunger, due to the agrarian potential of the southeastern regions of the Ukrainian SSR. Based on statistical data obtained from a large number of archival documents, the article demonstrates the evolution of state policy in relation to the implementation of grain procurement campaigns. On the example of government decisions, the expansion of the scale of bread procurement and their forcing at the highest state level is demonstrated. Therefore, the author draws attention to the occurrence of a food collapse among the million population of the region, for which the actions of the state authorities were a priori incomprehensible. Along with this, the formation of the personnel policy in the Ukrainian SSR to ensure and support the grain procurement terror is not left out of the author’s attention. Thus, according to the article, specific persons delegated by the state government were behind the bread procurement terror in the South-Eastern regions of Ukraine. And this is only once again confirming that mass grain procurement campaigns in the Ukrainian SSR were clearly directed, coordinated and were a manifestation of the concentrated rejection of the Ukrainian factor by the Soviet Bolshevik system. Keywords: bread procurement campaigns, South-Eastern regions of Ukraine, soviet terror, Ukrainian SSR, the Holodomor of 1932–1933, Ukrainian peasantry.

Developing an mpox risk assessment matrix for social listening and infodemic insights generation

Abstract Issue Any effective response to an infodemic, requires prioritizing public health response on identified narrative themes that pose highest risk to health and well-being of populations. High-risk narratives often require more swift and far-reaching action and low-risk narratives require little or no response. Description of the problem Different countries are assigned different levels of risk to specific narratives or concerns, recognizing that for some issues there may be a large gap between the true public health threat and what is generating lots of conversations, concerns and press coverage that indicate a high degree of risk perception that may be unwarranted. WHO developed a risk matrix to apply to global analysis of questions, concerns and narratives about mpox, which resulted in biweekly infodemic intelligence reports that risk-assessed identified infodemic themes and corresponding recommendations for action. Results Risk assessment criteria were defined in the context of WHO’s global infodemic insights analysis for low, medium and high risk and positive sentiment in mpox global outbreak context before conducting the integrated analysis so that insights were reproducible and infodemic response actions were prioritized. This implemented the WHO/UNICEF training manual on 6 steps to produce an infodemic insights report, which includes tools on how to develop and apply a risk matrix for a specific public health question of concern and apply it in analysis. Lessons The approach resulted in rapid, systematic, reproducible and evidence-driven decision-making to respond to the infodemic accompanying the mpox global outbreak. Risk matrices must be adapted to the context of the public health event and the mandate of the health authority taking action. An mpox risk matrix for narratives included adaptation to reflect high-risk from stigmatizing narratives, as well as narratives circulating around or within LGBTQI+ communities. Key messages • A risk matrix must be developed and adapted to the context of each health emergency and level of health authority action. • Prioritization for rapid infodemic response based on a risk assessment is that it facilitates more effective response in a health emergency.

Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia

The direct and participatory democracy is becoming increasingly popular in recent years in Europe. States are introducing new institutions into their constitutional systems, which, on the one hand, strengthen the ability of citizens to influence decision-making processes and, on the other hand, allow them to control the actions of public authorities. One of such institutions is a “recall”, which provides citizens with the right to recall, by way of voting, the public authorities elected directly by citizens. The institution of recall may take either direct or indirect form. Nevertheless, only a “direct recall” that takes place at the request of citizens can fully satisfy their interests. The direct recall at the national level is a relatively rare institution, hence, Latvian solutions in this area that allow for the recall of parliament before the end of its term may be considered unique, whilst in Poland the institution of direct recall occurs at the local level. Polish experiences with the practice of recalls indicate that for this institution to function effectively, it is necessary to adopt appropriate legal regulations. For example, the high turnout threshold adopted in both countries, which determines the binding nature of the vote, may be a factor that significantly reduces the effectiveness of this measure. The authors present the current legal regulations concerning the institution of direct recall in both states, as well as provide their critical assessment.

STATE POLICY AS A FORM OF TARGETED STATE ACTIVITY

The article examines state policy as an organized and purposeful activity of the state, which provides for the protection of public interests, ensures the adoption of balanced and justified state decisions, and contributes to the stable development of Ukrainian society. Issues of state policy formation in the system of planning and implementation of development plans of modern society are considered. It was determined that with the transition from bureaucratic forms to innovative methods of managing the state and society, state policy acquires certain signs of publicity, due to the involvement of both state and non-state public organizations in its implementation. It has been proven that the European integration of Ukraine is accompanied by changes in state policy, which is based on European values ​​and standards for the formation of a legal, social and democratic state. Therefore, it is better to use the term «public policy», as active purposeful actions of the state based on the cooperation of state institutions, civil society institutions, as well as non-state organizations and individual citizens. It is noted that the participatory theory of democracy should become a universal principle of organizing the public policy of the Ukrainian state. Because the basis of the effective functioning of participatory democracy is a developed civil society, as well as public trust in the activities of state and public institutions, that is, citizens' confidence in the correctness of the actions of public authorities to implement the goals announced by the state. It is substantiated that modern state (public) policy, firstly, is designed to ensure public expression of will, expression of interests and needs of the population and their practical implementation at the level of power institutions; secondly, it should be based on the principles of: openness, transparency and democracy; thirdly, in the process of development and implementation of political decisions, civil society institutions should be involved in this work. The specific characteristics of state policy as an active activity are singled out, which distinguish it from a whole array of other types of policies. In further studies, it is suggested to pay attention to the normative and legal regulation of state policy.

Знакомиться нельзя копировать, или История одной таможенной проверки

Although administrative procedures of customs control are regulated to a great extent, a review of the judicial practice provides evidence of violations of rights of verified persons during a customs inspection. The article uses the example of a specific legal case to review problems of protection of procedural rights of a non-public subject in customs relations. The author studies challenging problems of protection of rights and legal interests of persons audited by customs authorities based on materials of Ruling of the Constitutional Court of the Russian Federation No. 22-П of April 28, 2023. The paper reaches a conclusion about discretion of customs and judicial authorities not in favor of non-public subjects, which eventually is able to limit basic constitutional rights of citizens and organizations, in particular, the right to review documents and materials that directly relate to rights and freedoms of an individual in the interaction with public government authorities (Clause 2, Article 24 of the Constitution of the Russian Federation). The author assesses the position of customs and judicial authorities from the standpoint of mutual trust between government authorities and audited persons, fulfillment of legal expectations of an audited person, predictability of decisions and actions of government authorities, their responsibility for such decisions and actions.

Effective justice as a law-based state feature

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations. It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control. The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented. The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration. It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.

Assessment of the effectiveness of management at the regional level based on the analysis of the activities of authorities

Relevance. The problem of effective management of regional development is becoming more and more urgent due to the emergence of new conditions (obstacles) of functioning, which pose the task of creating programs for the most effective management of subjects to the regions of Russia and executive authorities. It is important to note the choice of the subject: the Kursk region is an important region of the Central Federal District due to its potential and geographical location.The subject has a specialization in important sectors of the entire Russian economy, but at the same time may face inefficient management, which will cause a decline in the regional economy. The purpose is to assess the effectiveness of management of an economic entity on the example of the Kursk region by analyzing the activities of executive authorities.Objectives: to establish the parameters of effective management; to study regional policy as a means of increasing the effectiveness of regional development; to study methods for assessing the effectiveness of regional development through the prism of actions of public authorities; to compare the economic structures of the Kursk region and neighboring regions of the region using specific methodologies; to identify the main problems in the development of the Kursk region.Methodology. To carry out the research, methods of system analysis and synthesis, statistical data processing, as well as comparative and expert analysis are used. The results of the study include an analysis of the effectiveness of regional policy in the Kursk region and the identification of the main problems in the activities of government agencies that affect the economic growth of the subject.Conclusions. The Kursk Region is an ambiguous region regarding the quality of regional economic management. Studying the state support of subjects, their management by authorities, we can say that in the field of ecology and industrial development, the state supports the region sufficiently, since these areas are specialized in the region, which cannot be said about other areas. Despite the weak development of other industries, the state needs to provide significant support to such specialized sectors as agriculture and industry.

Международное сотрудничество Кабардино-Балкарской Республики в сфере экономики в первой половине 90-х гг. XX века

In the first half of the 1990s, post-Soviet Russia experienced large-scale transformations of state, socioeconomic, and institutional legal structures, which had a substantial impact on the country’s and the world’s entire economic and legal environment. Because of the transformations that took place, there was a general attitude towards integration into the global market, liberalization of the complex of public relations, including the formation of a certain degree of “independence” of the country’s subjects in the decision-making process, granting the latter greater rights and freedoms in foreign economic activity. Under the current conditions, the Government of the Kabardino-Balkarian Republic attempted establish as many contacts as possible with several countries in the field of trade and economic cooperation, using any opportunities for interaction with the leader-ship of other states, as well as with representatives of individual foreign firms and business cir-cles. This had its positive results, since in the analyzed period several joint Russian-foreign com-panies appeared on the territory of the Kabardino-Balkarian Republic, foreign investments were attracted to the republic for the development of certain industries, and the states began to view the Kabardino-Balkarian Republic as a promising economic partner. However, the study of the histor-ical and statistical material of the foreign economic activity of the Kabardino-Balkarian Republic in the first half of the 90s of the XX century made it possible to identify barriers and threats that did not allow the full use of the internal potential and capabilities of the republic, including: im-perfection of the legislative framework, customs and tax regulation, lack of a developed credit and financial system, inconsistency of actions of federal and regional authorities on certain issues of international cooperation, unfavorable political situation on the North Caucasus.

Mapping vulnerability to climate-related hazards to inform local authority action in adaptation: A feasibility study

BackgroundLocal authorities have a crucial role in building community resilience to the health effects of a changing climate. Support in achieving local action can be provided through improving available public health intelligence to inform decision making. We aimed to co-develop with a local authority a tool mapping vulnerability to climate related hazards. MethodsWe conducted a feasibility study, exploring through stakeholder engagement local priorities and levers for action in adaptation that could be informed by provision of increased intelligence. This informed co-development of a proof-of-concept tool. ResultsStakeholders reported needs in better understanding the intersection between vulnerability and hazard to facilitate partnership working, decision making, and targeting of interventions. We developed a mapping tool, using nationally available data, overlaying a vulnerability index with hazard (heat and flooding) exposure. ConclusionsMapping tools are feasible methods by which public health intelligence to support climate change adaptation planning can be shared. Barriers to action may result from the complexity of vulnerability, concerns of unintended consequences, and resource constraints. Co-development with local expertise is necessary to ensure that outputs add value to local response. This tool will now be piloted to gather feedback on useability, usefulness, and potential improvements.

The scientific sphere of Ukraine: current state, tasks and prospects for reform

The article is devoted to the study of the problem of reforming science, in particular academic science, from the proclamation of Ukraine’s independence to the present day. The author emphasizes that the country has long lacked a clear and well-founded strategy for the development of science and innovation. The lack of systematic work on reforming the scientific sector and the ineffectiveness and inconsistency of the policies and actions of public authorities have led to a deep crisis in the scientific sphere. The exhausting war has exacerbated the negative trends and state of science in recent years. The continued total underfunding of scientific and technical work, the existence of an outdated and contradictory base in the field of science have caused an outflow of young scientific personnel abroad, a sevenfold decrease in the number of scientists, a threat to the existence of scientific schools, a loss of prestige of scientists in the state, a decrease in the influence of science on the formation of modern policy of development of the state and society, and our country’s lagging behind in innovative development. The article analyzes legislative innovations and proposals for reforming the scientific sphere and improving its organization, emphasizing their controversial nature, etc. The lack of consistency in updating the legislation on scientific and research and innovation activities is inconsistent, although the legislator has taken certain steps to modernize it. In particular, the priority areas for the development of science and technology and innovation at the national level were updated. The group of directions «Advanced Science» was aimed at the development of world-class basic scientific research. Another draft law analyzed in this article, despite declaring high goals regarding the principles of management of scientific institutions, raises frank concerns about the future of the organization of the scientific sphere and the development of science, as it proposes the introduction of a standardized administration of scientific institutions and research activities of scientists. Of particular concern are the plans to reform the National Academy and national sectoral academies. The article pays considerable attention to the organization of academic legal science, the implementation of reforms at the V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine and its research, analytical and expert activities in the context of war. The author emphasizes the role and tasks of science in achieving science over the enemy and the post-war revival of Ukraine. Key words: science, scientists, innovations, organization of science, reform of the scientific sphere, legislation, academy, scientific schools, development strategy, management systems.

ISSUES OF IMPLEMENTATION OF CONSTITUTIONAL RIGHTS TO A FAVORABLE ENVIRONMENT AND TO COMPENSATION FOR ENVIRONMENTAL DAMAGE CAUSED TO HUMAN LIFE AND HEALTH

The rights to a favorable environment and to compensation for environmental damage are the basic environmental human rights enshrined in the Constitution of the Russian Federation. Despite the fact that the norms of the Constitution of the Russian Federation have direct effect, the exercise of these rights is impossible without a functioning mechanism for their implementation. When writing the article, the author set a goal to consider industry regulations and the practical implementation of environmental human rights to a favorable environment and to compensation for environmental damage. An analysis of the existing regulatory regulation showed that industry legislation has developed a broader interpretation of environmental rights than their constitutional enshrinement. According to the current legislation, not only harm caused to the environment, health and property of citizens as a result of environmental offenses is subject to compensation, but also harm caused by the lawful activities of enterprises, lawful decisions of state and municipal government bodies, as well as harm resulting from man-made and environmental disasters, which significantly expands the practical application of Art. 42 of the Constitution of the Russian Federation, develops and supplements the constitutional rights of citizens. As a result of the study, it was proposed to supplement the concept of environmental harm with harm caused by environmental disasters and catastrophes, as well as harm caused as a result of lawful actions of state or municipal authorities.

The Great Game and the border issue in the Pamirs in the reports of Ralph Cobbold, 1898‒1899

The 1890s were a time of growing tension in Central Asia, stemming both from the geopolitical confrontation between the Russian and British empires and from the desire of Afghanistan and China to realise their own national interests and use the struggle of the dominant political forces to their own ends. One of the most difficult issues was the border dispute, i.e. fixing the border between Russia and Afghanistan, on the one hand, and Russia and China, on the other. Britain sought to exploit the differences on this issue to its own advantage, which could well have led to the outbreak of hostilities. The mechanism for identifying weaknesses in Russia’s position in the Pamirs comes out clearly in the 1898‒1899 reports of the British intelligence officer Ralph Cobbold, preserved in the National Archives of India. They characterise the actions of the Russian authorities in the Pamirs, the attitude of the local population to the opposing sides, and potential instruments of local influence that would allow Britain to bring the region under its control. The Russian diplomatic and military administrations were aware of the aspirations of the British Empire and used both the “stick” and the “carrot” to maintain the status quo in the region: in some issues they had to make concessions, in others the Russian side acted rigidly. Such an approach not only kept the Central Asian region in the frames of peaceful development, but also was one of the foundations of the conclusion of the Russian-British pact on the division of spheres of influence in the Middle East and Central Asia in 1907, which put an end to the Great Game and allowed the formation of the Triple Anglo-Franco-Russian alliance.

The change in the legal classification of the criminal offense and the right to defense in the trial

Abstract Due process of law is not just a right. As a constitutional principle, it extends to some basic human rights and freedoms, with which legal procedures are carried out. It is a guarantee of vital importance in any democratic society, the responsibility for ensuring which falls on the justice system. The right to due legal process is characterized by duality. On the one hand, it is presented as a guarantee for every citizen against the unjust actions of state authorities and on the other hand it constitutes an obligation not to violate the rights of citizens without a regular legal procedure. In order to make the protection of basic human rights and freedoms as efficient as possible, the constitutional legislator has provided legal means of constitutional control. The control exercised by the Constitutional Court, when the individual claims the violation of this principle, also appears in the form of a fundamental right in itself and becomes possible through an individual constitutional appeal. Respect for due legal process according to the Constitution is sanctioned by article 42 of the Constitution of Albania where “freedom, property and rights recognized by the Constitution and by law cannot be violated without due process of law.” This provision obliges all public authorities to respect freedom and other human rights. As a guarantee for a due legal process, every person has the right for his case to be heard in a due, public, legal process and within a reasonable time by an independent and impartial tribunal, established by law, which shall decide both disputes concerning his rights and obligations of a civil nature, as well as for the validity of any criminal charges against him.” Article 15 of the Constitution of the Republic of Albania provides that basic human rights and freedoms are indivisible, inviolable and underlie the entire legal order. Based on the constitution, during the criminal process, everyone has the right to be informed immediately and in detail about the accusation against him, about his rights, as well as to be given the opportunity to notify his family or relatives. Everyone has the right to defend himself or with the help of a legal defense lawyer of his choice, to communicate freely and privately with him and to be provided with free defense when he/she does not have sufficient means. The right of defense must be real and its exercise must not be hindered, but the courts must take all legal measures in function of the fair process in order to give the individual the opportunity to defend himself in compliance with the principle of equality of arms, creating the opportunity for the accused to familiarize himself with the materials, evidence and results of the investigation in advance, to prepare and to exercise an effective defense with arguments in his favor in order to oppose the charge brought. Each party must be given a reasonable opportunity to present its case, under conditions, which do not place it in a less favorable position vis-à-vis the opponent. Main objective of this manuscript is the right of defense of the individual during the change of the legal qualification of the criminal offense, analyzing the criteria for its realization in the ordinary trial and further specifically in the trial.

Communalism Factor in Evolution of Political Situation in British India (1920s-1930s)

This article delves into specific aspects of complex political processes that unfolded in the interwar decades in British India, serving as the foundation for the subsequent decolonization of Hindustan. Drawing from an analysis of documentary sources and literary works, a comprehensive overview is provided regarding the factors shaping Indian communalism and the conceptual perspectives of its proponents during the period under review. The study concludes on the contradictory nature of colonial policy during this period. On one hand, it contributed to the formation of elements of political culture within Indian society and to some extent laid the groundwork for India’s future federative system. On the other hand, its aim was to deepen divisions among various ethno-confessional and social groups of the Indian population to solidify control over a key segment of the British colonial system. The actions of colonial authorities significantly exacerbated relations between key ethno-confessional groups of the Indian population by the late 1930s, setting the stage for the dramatic post-World War II processes leading to the partition of British India into two sovereign entities. The complex relations between these entities largely shape the contemporary character of international relations in South Asia.

К вопросу об эффективности противодействия антиконкурентным действиям коллективных субъектов в публичном праве

In the article, the author addresses the issue of liability of collective legal subjects, covers the matters of its efficiency and potential alternatives to reaction to anti-competitive actions of public government authorities that currently exist in the national law and order. The article focuses on means of impact on addressees of administrative and competition law provisions from the civil liability standpoint. The author pays the greatest attention to the problem of efficient counter-measures including anti-competitive actions of public government authorities, the author believes it inexpedient and illogical to apply penal liability to such authorities to achieve the effect of the so-called institutional liability. Following an analysis of the law enforcement practice, the author concludes that special supervision (antimonopoly monitoring with regards to antimonopoly regulation) is an efficient measure of combating illegal actions of collective subjects to achieve both prospective and retrospective legal liability effects.

Navigating through the Storm—The Challenges of the Energy Transition in the European Union

As civilization and technology have developed, there have been multiple energy transitions that have pushed various resources like coal, wood, oil, and gas to the forefront of the energy mix. Due to a variety of geopolitical initiatives, there have been progressively more restrictions on the energy sector in recent years. One of the main concerns of researchers is the widespread use of renewable energy and the replacement of fossil resources. The utilization of non-renewable energy sources results in a detrimental increase in greenhouse gas emissions. One of the most crucial strategies for lowering energy consumption and enhancing the energy system’s sustainability is to increase energy efficiency. Numerous studies note that energy transition has become necessary in the modern day. Using the analysis of the main components as an extraction method, hierarchical cluster analysis, this study focuses on the situation of the states of the European Union in their race for energy transition, taking into account the main challenges generated by geopolitical tensions and the energy poverty spectrum for the population. The conclusions of the study call for a reconfiguration of the energy mix based on renewable energy. Increasing the share of renewable energy is a goal pursued by EU countries, but energy policies must be considered in a broader context that includes the social aspects of the energy transition. So, just transition is a new concept that reshapes the actions of public authorities on the path to a low-carbon economy. Just transition is a necessity that puts the consumer at the center of attention so that the negative externalities generated by the move away from fossil fuels are minimized in terms of social impact.