Legislative Basis Research Articles

The concept of a creditor in a case of bankruptcy (insolvency)

The article examines the concepts and types of creditors in the case of bankruptcy (insolvency). Attention is drawn to the fact that in the conditions of economic instability caused by the state of war in Ukraine, the number of bankruptcy cases is increasing. Many economic entities found themselves in a state of inability to pay their debts and, as a result, the impossibility of carrying out further economic activities. Therefore, it is more important to clearly define the status of creditors, especially in the conditions of Ukraine’s desire to overload the economy in difficult conditions and attract investments for reconstruction. It is emphasized that the creditor has one of the main positions when considering a bankruptcy (insolvency) case. The achievement of the main goal of bankruptcy depends on the determination of its legal status, rights and obligations, as well as the ability to use them - the satisfaction of creditors’ demands, as well as the restoration of the solvency of an individual. The concept of a creditor according to legislation and the opinions of scientists regarding the legal status of a creditor are analyzed. The categories of creditors were identified and considered, their features and powers were determined depending on the category. Amendments to the legislation regarding the definition of privileged creditors as those whose claims do not require judicial recognition and can be satisfied throughout the bankruptcy procedure are proposed. The opinion is supported that the legal status of the creditor as a participant in the bankruptcy case is complex and includes material and procedural components. The material relations between the debtor and the creditor in insolvency law must necessarily be transformed into procedural ones, otherwise, after the initiation of bankruptcy proceedings, the material relations will not be able to be realized. It has been proven that the creditor acquires the procedural status of a participant not after the court issues a decision on the recognition of his claims, since then the legitimate basis for the creditor to take procedural actions disappears, but from the moment the court receives the creditor’s statement with requirements to the debtor, which is submitted by a person on the basis of legislation. It is noted that, taking into account the new economic realities, it is important to review the order of satisfaction of creditors’ demands, especially in the context of the destruction and losses caused by the war. The need to introduce more transparent mechanisms of interaction between the debtor and creditors, including digital tools for monitoring bankruptcy cases, was emphasized.

Subjective environmental rights of citizens of Ukraine: legal problems of content and implementation

The article is devoted to the study of the legal nature of the subjective environmental rights of Ukrainian citizens and the definition of the main legal problems of their content and implementation. The article defines that environmental rights are a special type of civil rights, therefore their protection is ensured on the basis of civil legislation, if other rules are not established in environmental legislation. The authors concluded that the current environmental legislation of Ukraine, while declaring certain types of environmental rights, ignores the issue of their content. In addition, the circle of subjects who are the bearers of environmental rights is established arbitrarily in the legislation. The article defines that in order to prove a violation of a subjective right, it is necessary to know exactly what legal possibilities this right provides, and in what form its violation manifested itself. In our opinion, the problems of contradictions and conflicts of legislation regarding the mentioned issue paralyze the development of legal relations regarding the implementation and protection of subjective environmental rights. Enshrining in legislation the range of subjects of environmental rights and the content of these rights is a necessary prerequisite for the emergence of relevant legal relations. In addition, the legislative concept of «ecological safety» needs to be clarified and can be stated in the following version: «ecological safety is a state of the environment that meets the standards of its quality, the requirements of resource intensity, aesthetic richness and species diversity, ensures the stable functioning of natural ecosystems, natural and natural and anthropogenic objects with the aim of preserving human life and health, as well as meeting his needs in using the environment as a natural environment for life.» According to the authors of the article, the content of the right under consideration consists of the following powers of its subjects: first, the right to demand the provision of such an environmental condition that will be favorable for human health and life; secondly, the right to use the natural environment as a natural environment for human activity.

Cooperation of territorial communities of ukraine and poland in conditions of war

This article is aimed at studying the current state and prospects for cooperation between territorial communities of Ukraine and Poland. Damage and losses from the full-scale invasion of the Russian Federation into Ukraine have caused the need to find additional resources for the normal functioning of local government. In such conditions, assistance from partner countries is extremely important. Local government can respond to the crisis faster, since it is smaller in scale than state institutions. In the conditions of a full-scale war, Ukrainian self-governments, as a rule, received support in the form of humanitarian aid. Poland is among the leaders in providing humanitarian aid. In particular, the Mazowieckie Voivodeship actively supports Ukrainian territorial communities. Currently, thematic programs have been launched to help implement EU policies in various areas. The process of convergence of the legislative bases of Ukraine and Europe has begun.

Social benefits as one of the additional measures of social protection of servicemen and employees of the Security Service of Ukraine

The article is devoted to the study of one of the important additional measures of social protection of servicemen and employees of the Security Service of Ukraine – social benefits provided to servicemen and employees of the Security Service of Ukraine on the basis of current legislation in order to compensate for certain restrictions on their rights and freedoms associated with being in the service and stimulating interest in its passage. The current national legislation and the views of scientists on the researched issue are analyzed. It is noted that today military personnel of the Security Service of Ukraine enjoy a number of social benefits provided in the field of using public transport of various types (free travel), in the field of health protection (free obtaining of medicines, primary medical examination and dispensation), sanatorium-resort service, discounts in the field of payment for communal services and housing use and other benefits regulated by the laws of Ukraine «On the Security Service of Ukraine», «On social and legal protection of military personnel and their family members». As for the employees of the Security Service of Ukraine who have concluded an employment contract, their social protection is provided on a general basis in accordance with the labor legislation and will be further specified in the social security legislation. It was concluded that despite the fact that the current legislation provides for a number of benefits for military personnel of the Security Service of Ukraine, today the state is not yet able to ensure their full implementation due to the lack of the necessary economic base, a sufficient amount of financial resources, and a clear mechanism for the implementation of the declared guarantees and benefits It is clear that the country, being currently in a state of war, has limited economic opportunities for financing many areas, constantly faces the challenge of balancing the needs of defense, economy and human capital development. At the same time, the social protection of this category of persons should compensate for the difficult working conditions and restrictions on their rights that arise from the conditions of this type of service, motivate them to perform their tasks at a high professional level, selflessly and as efficiently as possible.

Criminal protection of secrecy: Kazakhstan and some European countries

At the present stage of the formation of society, the spread of confi-dential information and state secrets acquires extreme importance. The law protects all possible interactions with such information, that is col-lection, formation, use, and distribution. At the same time, actions vio-lating the law on the protection of secrecy is a priority for the policy of Kazakhstan. The relevance of the research stems from the need to study the aspects of criminal protection of restricted access infor-mation, taking into account international experience. The article aim is to analyse the specific features of criminal-legal protection of restricted access information on the basis of a comprehensive analysis of the current legislation of some foreign countries and analyse the European Court of Human Rights case law. The methodological basis of the study was the general scientific methods of legal phenomena as fol-lows: dialectical, structural-functional, formal, system analysis and synthesis, and special scientific methods inherent to theories of law such as comparison interpretation of legal norms. The complex appli-cation of different methods of scientific knowledge is aimed at ensur-ing the validity of the conclusions and reasoning of the proposals made as a result of the research. The study drew attention to the fact that in the international legal doctrine there are different views on the correla-tion of terms "personal data", "protection of secrecy", "protection of privacy". The practice of the European Court of Human Rights in pro-tecting the right to privacy, foreign experience in regulating the secret protection and international legal instruments in the field of restricted access information were examined. A number of changes were pro-posed as follows: the unification of the general legal definition of "se-cret" in the legislation of Kazakhstan and replacement of "secret" by "privacy" with subsequent argumentation in some cases; changes in the terminology of legal concepts; and amending the legislative base of the Republic of Kazakhstan. The materials of the article can be useful for teachers and students of legal disciplines, practising lawyers, the repre-sentatives of the legislative branch of government and anyone who is interested in the area of criminal protection of secrecy.

Finding cool spaces in Frankfurt/Main–a heat protection measure for the population of a major city

Abstract With the European continent heating up faster than ever, cities are facing major challenges protecting their population from the effects of climate change. Heat can have devastating effects on people’s physical and mental health with particular significance for the known vulnerable groups - the elderly and young children, people with pre-existing conditions, those who are pregnant and those who cannot protect themselves sufficiently for various reasons plus of course people working outdoors. Following the 2003 heat wave, the city of Frankfurt/Main registered a significant rise in mortality and morbidity, leading the Health Protection Authority to be increasingly concerned with heat-related health problems in the Frankfurt metropolitan area. The city has since developed various systems to protect the population from extreme heat and developed an all-encompassing climate change action plan (CCAP). Part of the CCAP is the provision of cool spaces to provide refuge from the heat for the public and implementation of this project started in the summer of 2022. However, with no legislative basis on which to build such a platform, some creative measures were required to ensure its success. Here, we will not only present the challenges we faced but the solutions we found - and the results of our currently ongoing evaluation of the actual use of our cool spaces to help other cities make their journey to similar measures easier. Starting with a brief overview of the CCAP, we will show the cool spaces’ place within the strategy, followed by our original plan of action and what happened when this plan came into contact with the reality of life in a large and diverse city. We will touch on climate injustice and the difficulties in reaching those parts of the population who actually need protection the most. Finally, we present our evaluation strategy and results together with the adjustments we are considering in moving forward with this climate change protection measure. Key messages • (Establishment of) climate change adaptation measures should urgently be enshrined in law. • Health inequality corresponds to climate inequality and continiously challenges adaptation measures.

The role of open enterprises in overcoming the Middle-Technology Trap

This paper aims to unveil the role of openness in fostering enterprises to achieve technological progress. By conducting a comparative analysis of Chinese and Western companies’ supply chain strategies in the internet and new energy industries, the article finds that American enterprises have a higher level of supply chain openness than Chinese enterprises in both two industries. Based on the case analysis, that paper argues that openness plays a vital role in promoting technological innovation in enterprises. The profound influence of openness in promoting technological advancement may be observed through three aspects: openness at the technical level, openness in attracting talent, and openness in facilitating the development of rules and regulations. Accordingly, suggestions are proposed to assist Chinese enterprises in avoiding the “Middle-Technology Trap” through openness on the basis of legislation and public policy intervention. Meanwhile, the Chinese government is suggested to promote national coordination to establish a national unified market to realize the three levels of openness of the supply chain and industrial chain strategies: enterprise-level, domestic regional level, and international level.

Civil liability for digital content damage (comparative study)

Digital content is one of the results of the modern digital revolution that affects the most accurate and specific personal rights of individuals, as the personal and public information that is collected and shared through the Internet is increasing, which leads to the imposition of a kind of risks and challenges whose harm is extended to a wide, frequent and accelerating scale through the digital field. Which is characterized by the complexity and sensitivity of people, as the digital domain is transnational, multi-dimensional, interconnected, and rapidly spreading among users. The rights related to the circulation of information, including freedom of opinion and expression, the freedom of information circulation, the right to privacy, the right to digital security, and the right to digital privacy, it is not right for people to be harassed under the pretext of freedom of opinion and expression, for every person has the right to embrace a certain belief or A certain thought without being harassed by others as a result of his own ideas or beliefs, provided that they are defined by some necessary restrictions specified by the text of the law, and in a way that preserves the public interest. The right to privacy is also a credibility for personal freedom without the person seriously and unjustly violating the right of another person to the extent that his affairs and conditions are under the knowledge of others, which causes the privacy of others to be exposed to the eyes of the public, and here he is responsible for violating the right of others to privacy. Privacy is a fertile field for individuals to exercise their right to enjoy self-development with others, in a manner that guarantees influence and influence in many areas to increase purposeful human knowledge, but without intruding on the rights of others. Every person has the right to privacy through the digital domain of Internet networks, as every person has the right to protect his data Personality, retention, processing and control over it, and not allowing others to penetrate it. Everyone should benefit from the digital revolution, and the optimal use of purposeful digital content as producers of content, blogs, and services, not just consumers. Therefore, the issue of competencies for the optimal and purposeful use of digital content is part of the indicators of the special dimension of participation in a manner that guarantees critical sense, efficiency, and morality, in accordance with Ensures public use of the digital domain of the Internet, in a way that enhances digital human rights. All digital human rights must be respected, which find their legal basis in positive legislation and international covenants, but they are still vulnerable to violations, especially in light of the increase in personal information circulating for users, which some may misuse and cause serious harm to others, may affect his reputation, or His personal consideration, and sometimes it may be a tool used to blackmail the victim, or bully him and then make him vulnerable to many material or moral damages. Digital content has many aspects, in which it may be a meaningful content and a tool for human development among individuals, and digital content may include a violation of the rights of other people, and expose them to material and moral damages, and this in turn reflects on social peace, and exposes social ties to disintegration, dispersion, and lack of confidence in dealing with people. Others, and here it has become necessary to put in place legal deterrent rules for people who misuse the digital domain of the wide Internet networks and its various programs. The elements of civil legal liability are available when a specific person uses the digital domain by producing inappropriate digital content on the Internet through which he deliberately offends others in their personal consideration, reputation, or honor, whether the aim is to blackmail the victim, or bully him electronically, Here, the element of error is achieved, and if this error results in damage to the person whose digital rights have been violated as a result, the second element of civil legal liability is formed, and when the causal relationship is available, the three elements of responsibility are when it is available to hold the person responsible for that accountable. Civil liability for digital content damage constitutes an effective system for limiting the damages of violating the digital rights of subscribers through the digital domain. The tools of this liability must be at a high level that corresponds to the damages and risks resulting from that, and all public and private efforts should be combined to limit this, as damages are not Especially, but it has a serious repercussion that results in the disintegration of social ties in a modern way.

Civil Liability for Damage to Digital Content (Comparative Study)

Digital content is one of the results of the modern digital revolution, which affects the most accurate and personal rights of individuals. Personal and public information that is collected and shared over the Internet is increasing, which leads to the imposition of a type of risks and challenges whose impact is widespread, frequent and accelerated across the digital field, which is characterized by complexity and sensitivity of people. The digital field is cross-border, multidimensional, interconnected and rapidly spreading among users. Rights related to the circulation of information, including freedom of opinion and expression, freedom to circulate information, the right to privacy, the right to digital security, and the right to digital privacy. It is not a right to harass people under the pretext of freedom of opinion and expression. Everyone has the right to adopt a certain faith or thought without being harassed by others as a result of their own ideas or beliefs, provided that they are limited by some of the necessary restrictions specified in the text of the law, and in a manner that preserves the public interest. The right to privacy is also an endorsement of personal freedom without seriously violating the right of another person to the extent that his affairs and conditions are under the knowledge of others, which causes the privacy of others to be presented to the public, and here it entails the responsibility of violating the right of others to privacy. Privacy is a fertile field for individuals to exercise their right to enjoy self-development with others, in a way that ensures influence and influence in many areas to increase meaningful human knowledge, but without intruding on the rights of others. Everyone has the right to privacy through the digital field of Internet networks, as everyone has the right to protect their personal data, retain, process and control it, and not to allow others to penetrate it. Everyone should benefit from the digital revolution, and the optimal use of meaningful digital content as producers of contents, blogs and services, not just consumers. Therefore, the issue of competencies for the optimal and meaningful use of digital content is part of the indicators of the special dimension of participation in a way that ensures a critical sense, efficiency, and ethics, and in a way that ensures the public use of the digital field of the Internet, and in a way that promotes digital human rights. All digital human rights must be respected, which find its legal basis in positive legislation and international charters, but they are still subject to violations, especially in light of the increase in personal information circulated to users , which may be misused by some and cause serious harm to others , may affect their reputation , or personal consideration, and sometimes this may be a tool used to blackmail the victim , or bullying him, and then make him vulnerable to many serious material or moral damages. Digital content may have several aspects , in which there may be meaningful content and a tool for human development among individuals , and digital content may include a violation of the rights of other people, exposing them to material and moral damage, and this in turn reflects on societal peace, and exposes social ties to disintegration , dispersion , and lack of confidence in dealing with others , and here it has become necessary to develop deterrent legal rules for people who misuse the digital field of wide Internet networks and their various programs. The pillars of civil legal responsibility are available when a certain person uses the digital field by producing inappropriate digital content on the Internet through which he deliberately offends others in their personal consideration, reputation, or honor, whether the aim is to blackmail the victim or bully him electronically, and here the element of error is achieved. If this error results in damage to the person whose digital rights have been violated as a result, the second pillar of civil legal responsibility is formed, and when the causal relationship is available, the three pillars of responsibility are formed, and when available, the person responsible for this is held accountable. Civil liability for the damage of digital content constitutes an effective system to reduce the damage of the violation of the digital rights of subscribers through the digital field. The tools of this liability must be at a high-level equivalent to the damage and the consequent risks. All public and private efforts should be combined to reduce this. The damage is not private, but rather results in a serious reflection that results in the modern disintegration of social ties.

Reference, calibration and referral laboratories- a look at current European provisions and beyond.

European Union (EU) regulations on invitro diagnostics (IVD) and on serious cross-border threats to health provide for the establishment of European Reference Laboratories (EURLs) and their harmonization and cooperation with National Reference Laboratories (NRLs). While the EURLs under the IVD Regulation will be operational by 1 October 2024, the EURLs under the Regulation on serious cross-border threats to health will be operational by January 2025. Although NRLs may have been operating for a long time on the basis of national legislation, they should now cooperate with each other and with EURLs in a network of centers of excellence for the authorization and post-market surveillance of IVDs and for the epidemiological surveillance and control of communicable diseases. The term "reference laboratory" has long been used colloquially to refer to many kinds oflaboratories, regardless of their tasks, competencies, responsibilities and designation. A literature search and analysis confirmed this by showing that a considerable proportion of scientific publications in 2024 use the term "reference laboratory" inappropriately. In order to clarify the roles and functioning of EURLs and NRLs, we have evaluated the relevant current EU provisions and compared the findings with those of reference laboratories designated by other organizations, calibration (reference) laboratories and referral laboratories, which are simply referred to as "reference laboratories". With the forthcoming implementation of the EU regulations, at least the goals of providing safe and high-quality IVDs and adequate public health surveillance for communicable diseases appear to be achievable.

IMPROVEMENT OF THE CONTRACT FOR THE PROVISION OF PAID SERVICES IN THE CIVIL LAW OF THE REPUBLIC OF UZBEKISTAN

The article is devoted to the consideration of the contract for the provision of paid services on the basis of the civil legislation of the Republic of Uzbekistan and the issues of its improvement. A contract for the provision of paid services is one of the key elements of the civil legislation of the Republic of Uzbekistan. It regulates the relationship between the parties, where one party (the contractor) undertakes to provide certain services, and the other party (the customer) undertakes to pay for these services. The definition and content of the contract for the provision of paid services are given, the features, legal characteristics and classification of types of contracts for the provision of paid services in the areas of economic and socio-cultural activities are considered. The article discusses the complexity of distinguishing between the norms of labor and civil law in the regulation of relations for the provision of services, which is manifested in cases where the service is provided by an individual, and not by a legal entity. The distinctive features of an employment contract and a contract for the provision of paid services on the basis of civil and labor legislation of the Republic of Uzbekistan are considered. Certain proposals are formulated to improve the civil legislation of the Republic of Uzbekistan in the field of application of the contract for the provision of paid services.

Diversification of income sources in the United Arab Emirates for the period 1975-2022 (An economic analytical study)

The research aims to benefit from the experience of the United Arab Emirates in diversifying its sources of income, by following up on the legislative base it has prepared for this change which it had planned for in its economic structure, the results that were reflected in the developments of the gross domestic product and the relative importance of the sectors that make up its oil and non-oil composition, the basket of oil and non-oil exports, and the reflection of this in the growth of the average per capita income. The researchers followed the inductive approach and the descriptive analytical method. Perhaps the most important thing they reached was that this country had built its development strategy within the framework of the outward orientation in transferring the country from the local framework to the global horizon, achieving a diversity in the components of its GDP and in its export basket. This was reflected in a noticeable increase in the average per capita income, and this could not have been achieved without the cohesion and harmony between the citizens of the country and the government.

Moral responsibility of public servants: the essence and directions of improvement

It is indicated that the moral and ethical side of public servants’ activities is still “terra incognita” for both the national legislator and the scientific community. By comprehending the position of past thinkers, the understanding of the fundamental role of moral and ethical norms in shaping the doctrines of the essence of social responsibility, including such a dimension as moral responsibility, is formed. The choice of one of the ethical norms of behaviour by a public servant is positioned as the quintessence of moral responsibility of public servants. The moral responsibility of public servants is an independent analytical and self-critical activity of a particular public servant based on his/her conscience, as well as on the system of moral and ethical coordinates formed at the level of established and supported by the management practices of daily activities of the staff of a particular public authority, local self-government body, civil society institution, which is embodied in the analysis of their own behaviour and its correlation with the proper moral standard of public servants’ activities. The essence of the moral standard itself is reduced to a model of generally accepted behaviour in Ukrainian society, formed on the basis of administrative and legal legislation, history of the national State-building, moral and ethical values laid down at the level of the principles of public administration, leading trends in scientific and technological progress, acceptable among the population of Ukraine, with due regard for the interests of the main national, racial, linguistic, religious and other minorities. The category of moral and ethical portrait of a public servant is proposed, which is understood as a set of organisational, managerial, institutional, financial instruments and mechanisms for disseminating opinions about a particular public servant and forming social perception at the level of the entire population or a certain part of it (service recipients, representatives of a region, field of activity, organisation) regarding the role, functions, purpose (vocation) and activities of such a public servant in general. In order to introduce high moral standards into the activities of domestic public servants, the following areas of improvement of their activities in the context of moral responsibility are proposed: restructuring of public morality in the context of understanding the activities of whistleblowers; increasing the authority of public authorities; development and adoption of the Code of Ethics for Public Servants at the national level.

The degree of freedom of the designer of the industrial design

The article is devoted to the study of the essence of the concept of the degree of freedom of the designer of an industrial design in the context of such a criterion of the protectionability of an industrial design as an individual character. The Law of Ukraine «On Protection of Rights to Industrial Designs» has been analyzed for the purpose of defining the concept of «designer’s degree of freedom». It has been established that the domestic law does not contain a broad explanation of the mentioned concept. It has been found that some additional information regarding the understanding of the concept of «designer’s degree of freedom» is contained in such a secondary legal act as the recently approved Rules for drawing up and submitting an application for an industrial design and conducting an examination of an application for an industrial design and international registration of an industrial design. It has been analysed the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, as well as Directive 98/71/EC of the European Parliament and the Council of October 13, 1998 on legal protection industrial designs and Council Regulation (EC) No. 6/2002 of December 12, 2001 on Community industrial designs, the provisions of which were implemented in 2020 into the Law of Ukraine «On the Protection of Industrial Design Rights». It has been established that the above-mentioned international legal acts do not provide a deep interpretation of the concept of the designer’s degree of freedom. Separate foreign and international court cases have been considered, in which the designer’s degree of freedom in specific practical cases has been analyzed in detail. It has been clarified and illustrated with real examples the specific importance of the degree of freedom of the designer for the individual character of an industrial design. On the basis of domestic legislation, international legal acts, foreign and international judicial practice, own conclusions have been drawn regarding the understanding of the concept of the degree of freedom of the author of an industrial design. It has been established under which circumstances the degree of freedom of the designer cannot be limited. It has been concluded that the requirements for the differences of the designed product from others, which make an impression on the informed user, depend on the lower or higher degree of freedom of the designer.

ORGANIZATION OF PERINATAL CARE IN UKRAINE DURING THE COVID-19 PANDEMIC

The purpose: analysis of the organization of perinatal care in Ukraine during the COVID-19 pandemic. Materials and methods. The research materials were the legislative base of Ukraine on the specified issue, the following research methods were used: bibliosemantic and the method of structural-logical analysis. The results. In Ukraine, organizational measures, most clinical aspects, in particular case identification, hospitalization according to clinical criteria, groups at risk of developing complications of the disease, provision of non-specific treatment, etc., are regulated by the order of the Ministry of Health of Ukraine dated 03/28/2020 No. 722 "Organization of medical care for patients with coronavirus disease ( COVID-19)", and are implemented in health care institutions by developing clinical patient routes and local protocols. The treatment of coronavirus disease and vaccination of pregnant women is regulated by general regulatory documents, separate legal acts regarding the management of pregnant women and their vaccination were not adopted. The impact of the pandemic on perinatal care and the course of pregnancy in uninfected women remains poorly researched. Conclusions. Health services must develop plans to minimize the impact of both infections and appropriate restrictions on pregnant women, maintain the effectiveness of perinatal care in the face of outbreaks of dangerous quarantine infections, while continuing to provide both routine and emergency obstetric care.

Analysis of legislative basis for medical rehabilitation in Russia

Background. In recent years, there have been significant changes in the regulatory documentation related to medical rehabilitation, caused by the need to consolidate the principles for rehabilitation of patients in post-COVID period and standardize the procedures used for it. Therefore, it is important to analyze the existing regulatory framework and the proposed changes that will come into force in the near future.Objective: to assess the regulatory legal acts governing the provision of medical rehabilitation in Russia.Material and methods. Regulatory legal acts and their drafts were obtained through the reference and legal systems “Kontur Standard”, “ConsultantPlus”, and the Federal Portal of Draft Regulatory Legal Acts. The following electronic libraries, databases and other sources were used to collect secondary information: eLibrary, Google Scholar, PubMed/MEDLINE, Yandex and social networks.Results. Article 41 of the Constitution of the Russian Federation guarantees the right to health protection and medical care. Within the latter the use of medical rehabilitation can be considered. Going down to the next level, the term “medical rehabilitation” is found in Federal Law dated November 27, 2011 No. 323-FZ “On the fundamentals of health protection of citizens in the Russian Federation”. However, the requirements in the field under consideration are specifically described in Orders of the Ministry of Health of Russia No. 788n and 878n, which establish a three-stage provision of medical rehabilitation and give specific time instructions for the frequency and duration of care prcedures. The conditions for the transition of patients between the stages of medical rehabilitation are presented, and creating interdisciplinary rehabilitation teams is specified.Conclusion. The analysis of innovations in the regulatory framework showed no fundamental changes in the regulation of medical rehabilitation. At the moment, there is a need to expand it by regulating the activities of multidisciplinary rehabilitation teams. A more detailed elaboration of normative documentation regulating the provision of medical rehabilitation to children is necessary.

Порядок и особенности проведения дезинфектологической экспертизы

The article deals with the legislative basis and peculiarities of disinfectological examination and state registration of disinfectants (disinfectants, disinfection and deratization agents), and also considers the difficulties arising in the course of these procedures. Keywords: disinfection expertise, state registration of disinfectants, state registration of products, declaration of conformity, certificate of state registration.

The legal status of off-label preparations and legal aspects of their application in The Russian Federation

For many years, the medications "outside of instruction" (the so-called "off-label" ones) had no single-valued legal status in the Russian Federation and other countries that entailed number of problems. Most of them had to do with schemes and tactics of treatment of patient, impossibility of proper medical care support, legal responsibility of physician for applying medications outside of attached instruction. The important move in resolving mentioned problem became adoption of the Federal Law "On entering changes in the Federal Law "On Fundamentals of Health Care of Citizen in The Russian Federation" that became first step on the path leading to acquisition by "off-label" its legal status. The analysis of relevant normative legal acts, the Criminal code of the Russian Federation was carried out. The basic conclusions related to application of medications in medical institutions in Russia, to physician strategy in cases requiring application of of medications "outside of instruction" were formulated. In case of applying medications "outside of instruction" without informed voluntary agreement of patient, without utmost necessity, single-handed instead of decision of medical commission or in situations which could be managed without this kind of medications i.e. under unfounded risk the physician can be prosecuted since treatment with off-label medications is considered as insecure according to legislative base currently in force.

Partnership Relations Between the National Police and the Community in the De-Occupied Territories of Ukraine

The purpose of the article is to determine the essence and features of partnership relations between the National Police and the community on the basis of current Ukrainian and foreign legislation, different opinions of scientists, and empirical data, as well as identify the main problems and propose effective methods of solving them in the de-occupied territories of Ukraine. The methodological basis of the study is comparative legal and systemic analysis, formal legal method, interpretive method, as well as methods of analysis and synthesis. The partnership of the National Police with the population was characterized and its features were revealed. In the context of the research topic, individual points of view of scientists regarding building an effective partnership between the police and the community were considered. Such legal categories as “occupation”, “de-occupation” and “reintegration” of territories were characterized and their features were distinguished. The problems of organization and functioning of partnership relations between the National Police and the community were considered. A conclusion was made about the importance of cooperation with active residents of the community in the de-occupied territories with the National Police in order to more effectively prevent new crimes. Taking into account the current legislation and positive international experience in this field of legal relations, optimal directions and forms of interaction between the National Police of Ukraine and public formations in the de-occupied territories were proposed.

Proposed guiding standards for the drafting of Arab archival legislation

Archival Legislation represents an essential element in the broader legislative base of any effective independent government, it’s provides the necessary legal framework for the flow of documents in all state agencies and regulates their path, and defines the duties and responsibilities of the government, agencies and institutions in their dealings with current, semi-current and permanent documents, and codifies the right to access those documents, and ways to benefit from them, and explains the controls and standards for legal protection of archives in general and its materials in particular, and spreads awareness of the legal dimensions related to the practice of the archival profession, which limits abuses and violations, and leads to providing the highest level of service. Therefore, suggestive Guidelines came because of studying the archival legislation of nine Arab countries and comparing them together. These are matched by relevant global guidelines.