Comparative Legal Method Research Articles

The legal essence of tender under the legislation of the Republic of Kazakhstan

In modern conditions, tenders are a key source of income for government organizations and the business community, as it contributes to the effective organization of the procurement process and ensures transparen-cy and competitiveness in choosing a supplier. The authors of the article analyzed the key legislative acts regulating tenders, including the Law «On Public Procurement « in order to define the legal essence of the concept of «tender». As the analysis of industry legislation has shown, the concepts of «tender» and «contest» in most cases are identified and used as synonyms in the works of domestic and Russian scientists. The article also includes a comparative analysis with international practice, as well as a comparative analysis of the con-cept of the term «tender» in the current legislative acts of the United States of America, the People's Republic of China and Turkmenistan. This allowed the authors to identify potential areas for reforming the Kazakh tender system by including the relevant concept of «tender» in the current legislation. Within the framework of the article, the main legal aspects of tender procedures were considered, which represent an opportunity through free and open contest to conclude a mutually beneficial contract for contractors, as well as types of tenders, their significance and features in the field of public procurement. The methodological basis of the re-search consists of general and special methods, such as formal logical, scientific analysis and synthesis, his-torical and legal and comparative legal methods. The results obtained from the research allowed the authors to formulate proposals and recommendations for improving the legislative framework to ensure the effective-ness and fairness of tender processes.

Параллельный импорт как актуальная проблема правового обеспечения государственного регулирования предпринимательской деятельности

The significance of this research topic emerges from the evolution within the legal framework support-ing state regulation of entrepreneurial activities, alongside significant shifts in the economic sphere of state affairs. These shifts prompt a legislative response to new challenges. A focal issue is the cessation of partnerships between Western corporations and the Russian market, coupled with the rise of «parallel imports». This phenomenon entails the legal purchase of goods listed by the Ministry of Industry and Trade from abroad, even if they originate from countries that lack amicable ties with Russia. The purpose of the study is to consider one of the urgent problems of legal support for state regulation of entrepreneurial activity – the legislative technique of legalizing parallel imports. Materials and methods. The research materials were normative legal acts of the Russian Federation, monographic studies and scientific articles by domestic theorists and practitioners on the legal support of state regulation of entrepreneurial activity. The main methods of scientific research include the normative and comparative legal method. Results and conclusions. It should be noted that the system of legal regulation of parallel imports and exemption from liability of the business sector for its implementation has formed a number of problematic issues in practice. In particular, according to legislative innovations, the ban on the use of intellectual property objects through their parallel import is a thing of the past, however, the wording and legal structure of the changes that have entered into force are of concern, the literal interpretation of which allows us to conclude that at the moment any entrepreneur can freely adapt the methods of acquiring intellectual property objects of foreign rightholders for further resale whose product is subject to parallel import, which does not correspond to the main objectives of the law. In general, considering the controversial nature of parallel imports, it should be concluded that this procedure is not new to international legal doctrine and is applicable in the civil turnover of many countries. The purpose of legalizing parallel imports is seen in providing support to the domestic business sector through limiting a number of economic benefits for foreign producers, which is temporary.

The Institute of Enhanced Cooperation in European Union Law: Evolution of Legal Regulation

INTRODUCTION. The article presents the evolution of legal regulation of the institution of enhanced cooperation as a legal form of flexible integration in European Union (EU) law. Flexible integration is a fairly widespread and objectively existing legal phenomenon in the practice of various integration associations. However, it is within the framework of EU law that the concept of enhanced cooperation has received the greatest development and legal regulation. This was largely due to the EU's desire to regularize and subordinate alternative forms of co natural that interstate cooperation within the framework of one or another integration cooperation acquires more and more complex character, and cooperation of the member states of an integration association within the framework of one or another direction of interaction has uneven and heterogeneous character. MATERIALS AND METHODS. The methodological basis of the study was traditional general scientific and special methods of cognition of legal phenomena: comparative legal method; method of scientific analysis; formal legal method; method of synthesis of social and legal phenomena.RESEARCH RESULTS. As a result of the analysis, the main stages of development of prerequisites and reasons for the legal regulation of enhanced cooperation have been identified and the periodization of the development of legal regulation of this institution has been proposed. DISCUSSION AND CONCLUSIONS. Within the framework of the proposals on the periodization of the development of legal regulation of the institution of enhanced cooperation the following stages can be distinguished. The first stage can be labeled as “pre-Amsterdam”. This period is characterized by the formation of conceptual foundations of enhanced cooperation as a legal form of flexible integration. Within the framework of the “pre-Amsterdam” period there is an application of some form of flexible integration (Schengen, euro zone, etc.). The conceptualization of enhanced cooperation as a form of flexible integration was the basis for the normative-legal consolidation of this institution in the founding treaties of the EU. The next stage can be called “Amsterdam-Nicean”. Although the institution of enhanced cooperation received different names in the Amsterdam and Nice versions of the establishing treaties, it seems possible to unite this period into one: despite the normative-legal consolidation of enhanced cooperation as a form of flexible integration, the relevant norms of the establishing treaties have not actually received practical application. Finally, the next stage – the “Lisbon” period is characterized by the active ap[1]plication of the norms of the establishing treaties in the EU practice, including judicial.

The Role of Integration Associations in the Fight against Pandemics on the Example of the European Union and Eurasian Economic Union

INTRODUCTION. The academic value of this article lies in augmenting the scientific understanding of the role of integration unions in healthcare and the methods and means of combating pandemics and epidemics at an integration level. This is achieved by addressing the research objective: to identify the legal and institutional structures and mechanisms existing at the level of integration unions for combating pandemics and their consequences, and to assess their effectiveness. The research objectives are defined as follows: to examine the actions of integration unions in combating the pandemic from legal and material- economic perspectives; to determine the actual role of integration unions in combating pandemics and similar threats to public health for the further improvement of international cooperation and Eurasian integration; to evaluate the compliance of the actions of integration union institutions with their founding documents; and to develop ways to improve integrations in the field of health protection based on the experience gained.MATERIALS AND METHODS. The methodological basis of the research is grounded in the general philosophical method of dialectics. Special and specific scientific methods applied include: the comparative legal method (comparing the legal systems and regulations of different integration unions, and the various measures taken in response to the pandemic), the sociological method (examining the impact of pandemic conditions on society in different integration environments), and the axiological method (studying values as the foundation of integration unions, their reflection, and influence on making internationally significant decisions).RESEARCH RESULTS. In determining the effectiveness of the institutions, structures, and mechanisms of integration unions in ensuring epidemiological wellbeing, a significant role of integrations in counteracting pandemic and epidemiological threats to health has been identified. This is evidenced by the actions and measures taken by the EU and the EAEU during the recent COVID-19 pandemic. Aspects of cooperation between member countries (transport communication, coordination of sanitary measures, support of the economy and social sphere, information and experience exchange) and the institutions of these integration unions (European Commission, European Parliament, Eurasian Economic Commission) were dictated by their founding acts (TEU, TFEU, Treaty on the EAEU) and other documents.DISCUSSION AND CONCLUSIONS. During the crisis, not only challenges requiring solutions in ensuring well-being (balance of freedoms and restrictions, rational allocation of resources, balance of national and integration interests) emerged, but also prospects for the future development of integrations (NextGenerationEU Plan, the emergence of a Global Digital Health Certification Network). Judicial practice was formed (lawsuits by the European Commission, work of the EAEU Court). Conclusions highlight the need to increase the resilience and centralization of EU healthcare systems, prepare the budget for potential future threats, which serves as a useful experience for Eurasian integration, and the importance of deepening integration, reforming existing institutions, and establishing interstate dialogue for the EAEU. The crisis became a catalyst for the development of integrations, the cause of the emergence of new conflicts and contradictions, the solutions of which determined the direction of evolution in the future.

Private international law and parental responsibility: the experience of applying parental responsibility measures to Ukrainians in EU countries

The article examines the relationship between parental responsibility as a measure of protection of children's rights and Private International Law on the example of the application of parental responsibility measures to Ukrainians in EU countries. The purpose of the article is to provide a legal analysis of the problem of removal of children from Ukrainian families by social services in the EU countries as a measure of parental responsibility. In the example of the analysis of the national legislation of Spain, Poland, Sweden, Germany and Finland, the differences in the legal regulation of parental responsibility are considered. The most pressing issues that arise when initiating a case on parental responsibility of persons enjoying temporary protection in the EU countries have been identified. The methodological basis of the research is: dialectical method, comparative legal method, method of legal analysis. It has been established that in most cases the removal of children from families as a measure of parental responsibility was applied based on improper performance of parental duties, but there are cases when such measures were of a preventive nature. The need to improve the legal regulation of parental responsibility in the legislation of Ukraine has been identified.

TECHNOLOGY AND LEGAL CHALLENGES OF CONTEMPORARY ARMED CONFLICT

The purpose of the article is to research the relationship between IHL, IHRL and national law norms, and to give recommendations about the prevention of using technologies in contemporary armed conflicts. Research methods: in the article, the research was carried out using the comparative-legal method in order to present the relationship between international and national legal norms. Also, we will use the normative method to emphasize the need of introduction of new norms to regulate the problem. Results: after the World War II, adoption of the new international norms significantly decreased the war statistics, however, in recent years, development of technologies, which was further accelerated by the pandemic, changed the mentioned statistics, to the extent that new technologies are actively used in war. Unfortunately, preventive and/or prohibitive international norms do not exist, therefore, we do not have the practice of regulating them. Paucity of regulative norms and the absence of proper literature in this field underscores the relevance of this topic. The use of new technologies can lead to violations of the principles of international law and human rights, which requires the creation of preventive mechanisms within the framework of international law. Discussion: the relevance of the topic is also determined by the war situation in the world, which reminds us that against the backdrop of challenges in international law, there is a gap in terms of illegal integration of technologies in contemporary armed conflicts, which, as a result, leads to a breach of human rights and violation of the norms of both the Geneva Convention and the European Convention on Human Rights.

The relationship between attorney and judge: an ethical dilemma

The relevance of this research lies in clarifying the nature of the relationship between an attorney and a judge in the context of power dynamics, professional ethics and interpersonal communication. The purpose of the study is to determine the role of professional ethics in shaping the relationship between an attorney and a judge, as well as the impact of personal relationships between attorneys and judges on the judicial decision-making process. The methodological basis of the study is general scientific and special legal methods of knowledge, in particular philosophical dialectic, comparative legal, idealisation and formalisation methods. The materials used for this study are the works of domestic and foreign scholars, and the provisions of national, foreign and international legislation. The results of the study show that the relationship between an attorney and a judge is inherently complex, dynamic and critical, since it is at the intersection of legal norms, professional ethics and personal interactions. The relationship between attorneys and judges is an important component of the judicial process, as it affects the efficiency and fairness of decisions. These relationships are formed through a complex interplay of historical, ethical, professional, as well as personal interactions. Effective communication, mutual respect and a clear understanding of the role of each party are crucial to strengthen constructive relationships. The findings of the study indicate that a constructive relationship between judges and attorneys is an important element in ensuring the integrity of the legal system. Adhering to established ethical standards and maintaining an atmosphere of mutual respect and professionalism, judges and attorneys promote the administration of justice in accordance with the needs of all participants in the process, thereby increasing the level of trust and reliability of the judicial system

Соотношение свободы труда и обязанности граждан трудиться: конституционно-правовое исследование

Introduction. Amendments to the Constitution of 2020 of the Russian Federation have marked the problem of changing the state approach to the interaction of the individual, society and the state. The basic content of freedom of work should not be identified with the right of a person not to carry out any socially useful activity. At the same time, the constitutional concept of mutual rights and obligations of the individual and the state cannot be built on the same principles as in the Soviet times. The purpose of the work is to identify the constitutional and legal meaning of the provisions on the obligations of a citizen to work or carry out other socially useful activities and to determine the prospects for establishing the relevant obligations in the legislation of Russia in the modern period. Methods. The main methods of scientific research are: system analysis, formal-legal method. Within the framework of historical-legal and comparative-legal methods the norms of the Constitutions of the RSFSR of 1918, 1925, 1937 and 1978 and constitutions of foreign countries were analysed in comparison with the corresponding provisions of the Constitution of the Russian Federation. Results. Based on the analysis of constitutional and labour legislation of Russia and foreign countries the author’s attitude to the possibility of establishing in the Constitution of the Russian Federation and special legislation the obligations of citizens related to participation in socially useful activities. The conditions for the establishment of such obligations in the future, which should have a constitutional basis, are revealed.The theoretical issues that arose after the adoption of the 2020 amendments to the onstitution of the Russian Federation are outlined, which can serve as a direction for further constitutional and legal research. The conclusions are formulated about the inexpediency of introducing at present any coercive measures in relation to persons who do not perform any socially useful activity, and the conditions for their appearance in the legislation in the future.

The Concept of Judicial Candor: Background, Development and Current State

Introduction. The concept of judicial candor, requiring judges to honestly and fully disclose the reasons behind their decision-making, is an essential element in ensuring the legitimacy and accountability of the judiciary in a democratic society. However, the implementation of this principle in practice faces a number of problems and limitations. Theoretical Basis. Methods. The study relies on the methodology of comparative jurisprudence, examining the development of the concept of judicial candor in the legal thought of the USA and other countries. The general scientific methods of analysis, synthesis, induction, deduction, as well as special methods of legal science – formal legal and comparative legal methods – are applied. Results. The analysis of the works by D. Shapiro, R. Fallon, M. Schwartzman and other researchers made it possible to identify the main stages and approaches to understanding judicial candor in American doctrine, from its justification as an unconditional requirement to the development of more flexible models that take into account various aspects of the courts’ activities. The arguments both in favor of maximum openness of judges and in favor of its limitation in the interests of preserving the authority and independence of the judiciary are considered. Special attention is paid to the practical application of this concept on the example of individual decisions. Discussion and Conclusion. The concept of judicial candor has come a long way in its development and has been recognized as an important element in ensuring the legitimacy of justice. At the same time, its practical implementation should be balanced with other values and principles of the functioning of the judicial system. Prospects for further research on this topic are associated both with the study of actual practices of substantiating court decisions in different countries, and with understanding the new challenges posed by the development of information technologies.

Issues of Tax Integration in the Practice of the Court of the Eurasian Economic Union: Commentary on the Advisory Opinion on the Case CE-2-1/1-22-БК2

Introduction. Economic and political processes in integration associations are accompanied by the convergence of the legal systems of their Member States. The area of harmonization, which is both important from the point of view of the formation of the internal market (indirect taxes) and sensitive from the point of view of sovereignty (direct taxes), is the sphere of taxation. Despite the long-term work on the harmonization of legislation on taxes and fees within the framework of the EAEU, there are still many issues that need both interstate and national settlement. Methods. The methodological basis of the research was made up of general scientific methods of cognition: analysis, synthesis, abstraction, induction, deduction, analogy, modeling, systemic, as well as private scientific methods – the formal legal method and comparative legal method. Results. The authors refer to the practice of the EAEU Court as a supranational judicial body with the authority to resolve disputes on the application of the sources of the EAEU law, as well as to clarify their provisions. Cross-border tax issues may become the subject of research by the EAEU Court, including in the procedure for the implementation of advisory competence. The acts of the EAEU Court allow not only to resolve the dispute, but also to eliminate possible conflicts in law, as well as the inconsistency of its understanding. The growing role of Court acts is noted precisely as acts of interpretation, which is shown by the examples of advisory opinions on tax disputes. The article examines the basic principles of collecting indirect taxes on the export and import of goods and services on the example of the advisory opinion on the case CE-2-1/1-22-БК, as well as comparisons with earlier cases considered by the EAEU Court, in which tax issues were raised. The connection of the considered problems with the concept of tax sovereignty is noted. Defining the boundaries of the circle of taxable persons is related to the tasks of national policy, including such as combating tax evasion and protecting the national fiscal base. Discussion and Сonclusion. In the course of the study, the authors come to the conclusion that the EAEU Court does not have the authority to determine the order of execution of the decision, as well as to apply interim measures, at the same time, the countries themselves participating in the integration association impose on law enforcers the obligation to adhere to the principles of maintaining confidence in the Treaty on the EAEU.

Довкіллєве правосуддя в Україні та світі

The article is devoted to the study of domestic and foreign trends in environmental justice. To solve the set goal, the following research methods were used, in particular: the method of scientific observation is to form the topic and purpose of the research; comparative legal method in the study of foreign experience of environmental justice; logical method – for theoretical generalization and formulation of research conclusions. The main models of environmental justice that exist in the world include such as consideration of environmental cases by courts of general jurisdiction, consideration of environmental cases by judges specializing in environmental issues or specialized environmental divisions of courts, consideration of environmental cases by specialized environmental courts. Environmental courts, as specialized judicial authorities, deal with the resolution of environmental conflicts and the protection of the environment and function in particular in countries that are members of the European Union, such as Sweden and Austria. In Ukraine, environmental justice is carried out in the form of civil, economic, administrative and criminal proceedings. At the same time, civil, economic, administrative and criminal cases in the environmental sphere differ among themselves in terms of the type of offense, the subject of the dispute, the composition of subjects, etc. Judicial practice in the environmental sphere covers a wide range of environmental relations, in particular on atmospheric air protection, land protection and use of land resources, subsoil protection and use of minerals, protection of forests and use of forest resources, protection and use of territories and objects of the nature reserve fund, access to environmental information, waste management, etc. Environmental justice in Ukraine may be limited to the functioning of certain specialized environmental units in courts, or involve the formation of a system of specialized environmental courts throughout the country, including a higher specialized court. At the same time, the implementation of environmental justice will be more or less time-consuming and costly (depending on the model chosen for implementation).

Institute of the Ukrainian Parliament Commissioner for Human Rights: human rights vector of activity during the armed conflict

The article is devoted to understanding the role of the institution of the Ukrainian Parliament Commissioner for Human Rights in the context of armed conflict, which is accompanied by a gross leveling of the category of «human rights» and devaluation of its existential essence, and as a result, this determines the strengthening of the institutional capacity of the Ombudsman of Ukraine in the context of the national human rights protection mechanism. The object of this scientific research is the functioning of the Ombudsman of Ukraine in the constitutional and legal dimension of human rights protection, and thus the subject of the study is limited to the peculiarities of the implementation of the human rights functions of the Ukrainian Parliament Commissioner for Human Rights through the prism of the armed conflict. The methodological basis of the study is a system of general scientific and special methods of scientific cognition, the most common of which are dialectical, formal legal (dogmatic), legal comparative method, legal hermeneutics method, as well as modeling, analysis and synthesis methods which were used to formulate certain definitions, proposed scientific approaches, and to develop certain positions based on the review of regulatory and legal material. Based on the results of this study, the author proposes to deviate from the statutory time limits for applying to the Ombudsman by persons who are in the temporarily occupied part of the territory in order to provide appropriate legal protection and guarantee consideration of applications from this category of applicants, and determines the moment when the time limits begin to be calculated, the feasibility of such an approach, and models different time limits. Interpreting the provisions of the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights», the author proposes and deepens the understanding of «exceptional circumstances» for extending the time limits for filing an appeal during the armed conflict for no more than two years. The author draws attention to the state of practical implementation of the principle of institutional independence of the Ombudsman under martial law, notes the imperfect regulation of the direct principle in legislation and comes to a consolidated conclusion that it is necessary to regulate certain provisions of legal acts to ensure full establishment of the principle of impartiality and independence of the legal institution, and suggests options for eliminating conflicts of law.

Legal education and artificial intelligence: vectors of interaction

Objective: to develop proposals for the introduction of artificial intelligence (AI) in legal education. Methods: dialectical methods (analysis and synthesis, induction and deduction, systematization, comparison, classification, forecasting), statistical, formal-legal and comparative-legal methods. Used in combination, these methods allow comprehensive analysis of the relationship between AI and legal education. Results: the article reveals the main directions to improve legal education in the conditions of AI development: integration of information and communication technologies and training of specialists able to work effectively at the intersection of law and technology. The advantages and disadvantages of using AI in legal education are identified. Ethical aspects of AI application are outlined, as well as the need to manage the development of technologies based on the principles of fairness, transparency and consideration of human interests. The author states the importance of developing not only specialized knowledge, but also universal competencies that will help students to adapt successfully to the dynamically changing conditions of professional activity. Scientific novelty: a comprehensive analysis of the interaction between legal education and AI was carried out, including the identification of specific opportunities for the AI application in legal education, as well as related risks and problems. The author proposes a systematic approach to improving legal education in the context of AI development, focusing on theneed to revise educational programs in legal areas in terms of integrating information and communication technologies; developing universal competencies in students to adapt to a dynamically changing professional environment; introducing mandatory advanced training for judges, legal practitioners to develop skills for using AI systems. Practical significance: the study results can be used to optimize and adapt the educational programs of law schools to the digital era requirements and to develop effective approaches to the AI application in legal practice and education, taking into account ethical aspects and potential risks.

Human Health as a Constitutional Value in Priority Areas of the State Policy

The health and well-being of the population are two core values that underpin the Russian state policy. With digitizing healthcare, a growing interest has been witnessed in the constitutional value of health, as well as the right to healthcare and medical assistance. This focus is essential for the development of the Russian healthcare legislation and state policy strategies. Here, the normative content of the right to healthcare was explored from historical and current perspectives. The study used both standard (analysis and synthesis) and some specific (historical, statistical, logical and comparative legal) methods. The analysis was based on the constitutional provisions of the Soviet era and the Constitution of 1993; the laws and regulations of the federal Russia that concern healthcare and define the priority areas of the Russian state policy; and the legal interpretations from the Constitutional Court of the Russian Federation and general jurisdiction courts. Particular attention was given to the role of health in different areas of life, such as the economy, society, environment, science, and technology. The retrospective research on the constitutional regulation of the social value of health during the Soviet era was performed. The normative content of this value and its components in the current Russian legislation was identified. Guarantees for the right to healthcare and medical assistance in the priority areas of the Russian state policy were considered. Recommendations to improve these established guarantees were designed.

The global approaches to the regulation of quantum communication

In the rapidly evolving field of quantum communication, the regulatory framework plays a crucial role in ensuring security, standardization, and international cooperation. This article examines various approaches employed by countries to regulate quantum communication. The purpose of this research is to comprehensively analyze and compare different international approaches to the regulation of quantum communication to identify key features characteristic of the current stage of development and regulation of quantum communication, as well as to develop recommendations for optimizing and improving regulatory governance in this area. The methodological basis of the study consisted of general scientific and special methods. A detailed study of various legal documents, strategies, and standards related to quantum communication was conducted using the following general scientific methods: analysis, synthesis, induction, and system analysis. Among the special legal methods used was the comparative legal method, which made it possible to identify general trends, differences, and unique approaches in the regulation of quantum communication, as well as the formal-legal method for studying legal categories and legislative techniques used in various acts in the studied area. The study systematically examines legislative measures, government policies, and industry standards to determine the relationship between technological innovation and regulatory governance in the field of quantum communication. The research revealed that the regulation of quantum communication is primarily carried out at the level of strategic documents, such as national roadmaps, which contain recommendations and guidelines for regulating quantum communication. It was found that technical standards play a vital role in the development of quantum communication, with this development occurring at both national and international levels. Special groups and centers have been established for the effective implementation, development, and regulation of quantum communication, which allows for the identification of social, legal, political, and ethical issues. The main conclusions include the need to monitor administrative barriers, identify priority sectors for the implementation of quantum communication, and recognize quantum communication as a dual-use technology. It is recommended that an international certification and tracking system be created for quantum communication devices for export and import control purposes.

La casación penal en Ecuador: su procedencia por falta de aplicación de la ley

The filing of the extraordinary appeal for criminal cassation, in Ecuador, based on the violation of the law in a sentence, means that the appellant must take into account any of the three components established in the law. However, when focusing on the ‘expressly contravening’ component, a diaspora of criteria arises to conceptualize or define it, coming from the legislator, doctrine, jurisprudence and comparative law, which makes it very difficult to decide when, in fact, the user of justice, is before the stated component. Then, with the application of the qualitative approach and following the theoretical legal, historical-logical, exegetical-analytical and comparative legal methods, the general objective is formulated: ‘Critically review the bases that lead to the legal formulation of article 656 of the Code Comprehensive Criminal Organic Law on the origin of the Cassation Appeal, specifically, regarding the first component of the violation of the law as “expressly contravening its text”, confronted with the principle of exhaustiveness and the jurisprudential line drawn by the National Court of Justice of the Ecuador, which, by stating that “… contravening the law is the same as its lack of application”. Arriving at the conclusion that, strictly speaking, the “express contravention” component is poorly formulated.

Legal regulation of surrogacy: International experience, status and prospects for development in Ukraine

The use of assisted reproductive technologies in Ukraine is insufficiently regulated at the legislative level, which necessitates a study of one of the types of assisted reproductive technologies – surrogacy – and the legal basis for the use of this phenomenon in Ukraine. The purpose of this study was to clarify the status and identify the shortcomings of legal regulation of surrogacy under the national legislation of Ukraine, and to investigate the world practices of its development. To fulfil the stated purpose, the study employed general scientific and special methods of scientific cognition, specifically, the formal legal method, the comparative legal method, and the method of functional forecasting. The study focused on the specific features of consolidating the institution of surrogacy in European legislation. The study found no unified international regulation of surrogacy relations, which leads to the existence of different approaches to their regulation in legislation. The study analysed the current state of national legislation on the use of assisted reproductive technologies through surrogacy and highlighted the existing gaps and shortcomings that need to be addressed. It was found that Ukraine lacks comprehensive legal regulation of surrogacy relations, which leads to contradictory opinions on the problem of using this type of assisted reproductive technologies. Based on the study conducted, conclusions were drawn on the need to amend the legislation of Ukraine regarding the use of surrogacy as a type of assisted reproductive technology. An analysis of the regulations of Ukraine suggests the need for a unified legal regulation of the surrogacy process. This analysis of the regulatory framework is of practical significance for further legislative regulation of legal relations in surrogacy matters

Peculiarities of normative regulation training of specialists in security activities

The article deals with the peculiarities of professional training normative regulation of security personnel. It was found that there is no scientific research on the normative regulation of the qualification requirements that are put forward to the security personnel. The aim of the research is to prepare proposals for improving the regulatory regulation of security specialists’ training. To achieve the goals of the article, a complex of scientific methods was used: formal and dogmatic one - during the analysis of the provisions of normative legal acts in the sphere of security activities; comparative legal method - within the limits of comparing the norms of legislative and by-laws. The application of the methods of analysis, synthesis, induction and deduction made it possible to build a logical structure of the scientific article and draw reasonable conclusions regarding the optimization of normative regulation of the educational training of security specialists. The present research analyzed the history of legal regulation of security specialists’ training in Ukraine, identified shortcomings and gaps in the regulatory framework of this sphere of activity. It was established that the existing standards of higher education do not take into account the needs of subjects of security activities in the training of security personnel. It has been proven that the normative and legal framework in the sphere of security activities does not require specialists in organization of security measures to have a specialized higher education. It is justified that the bachelor’s degree holders (specialty «Personal and Property Security») and master’s degree holders (specialty «Security Activities and Safety») should not have different specializations. It was concluded that the differences can only be in the focus of the training specialties of bachelor’s and master’s degrees holders: for subjects of security activity - specialty 076 «Entrepreneurship, Trade and Exchange Activity», and for subjects of state security bodies - specialty 251 «State Security». On the basis of the conducted research, suggestions were made regarding the improvement of the Law of Ukraine «On Security Activities» dated March 22, 2012 and the Licensing Conditions for the Conduct of Security Activities, which were approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 18, 2015 No. 960.

Pecularities of a lawyer’s remuneration for professional activity in Ukraine and Germany

According to the fact Ukraine sees the process of European integration as one of the main directions of its further development, which is confirmed by the resolution of the European Parliament, according to which Ukraine was granted the status of a candidate country for joining the European Union, the study of the experience of the leading countries of the European Union (hereinafter – the EU) should become a certain basis in the process of reforming the judiciary, the Institute of Advocacy is a part of which. Modern Ukrainian legislation in the context of remuneration for a lawyer’s professional activity has significant shortcomings and contradictions, and with regard to the so-called «success fee», the judicial practice is ambiguous and has already changed several times in previous years. At the same time, the institution of a lawyer’s remuneration for his professional activity needs changes and clarifications also in connection with the fact that the main categorical apparatus, which is used in the regulation of issues of this institute, is not coordinated with its European counterparts, and therefore leads to the emergence of legislative collisions in the future during a closer relationship between Ukraine and the EU countries after Ukraine becomes a member of the EU countries. A study of the historical analysis of the emergence and development of the institution of remuneration of a lawyer for his professional activity, as well as methods of calculating the amount and payment of a lawyer’s fee, forms and methods, which contributes to a comprehensive study of this institution. At the same time, on the basis of a comparative analysis between the studied institute in Ukraine and Germany, it is advisable to develop ways of improving Ukrainian legislation in this field. Special attention is paid to the so-called «success fee» of a lawyer for his professional activity, the issues of application of this type of lawyer’s fee both in Ukraine and in Germany are investigated. On the basis of the analysis, those issues that require further regulation at the legislative level in Ukraine and the identification of types of «success fee» have been identified on the example of how this issue is resolved in the EU countries, taking into account the practice of the European Court of Human Rights. The article is based on general scientific and special methods of scientific knowledge, namely: the dialectical method, the method of synthesis and analysis, the comparative legal method, as well as historical and terminological approaches.

Legal factors influencing social integration of labour migrants from Central Asia

Investigation of the impact of legal factors on the integration of migrants provides an opportunity to understand how the legal environment in the receiving countries affects their social inclusion and integration into society. The purpose of this study was to analyse the legal aspects that affect the social adaptation and integration of migrants into the labour sphere. The study employed the following methods: structural-functional method, comparative-legal method, theoretical-predictive method, survey method. It was found that integration is a process that migrants must undergo, both as individuals and as a special socially differentiated group. Despite the existence of international and national laws, the migration of labour from Central Asia is often accompanied by various problems and challenges (illegal migration, lack of social protection, discrimination and inequality). It is necessary to create favourable social, legal, and economic conditions for labour migrants to remove obstacles to their social integration and adaptation by the host society. These conditions should include legalisation of their status, adequate housing, paid employment, social security, insurance, and legally guaranteed compensation payments, as well as ensuring social identification. Generally, it is critical to create a mechanism of integration-adaptation at a higher legislative level for effective support of social integration of labour migrants from Central Asia. To create a new culture of relations with migrants in the host society and to remove contradictions arising from socio-cultural and ethno-religious differences, its main components and content should have a clearly defined socio-cultural orientation. The practical significance of this study lies in the fact that all the theoretical provisions, conclusions, and recommendations can be used by the authorities responsible for migration processes to improve working conditions, protect rights, maintain social stability, stimulate economic development, and support intercultural understanding