Comparative Legal Method Research Articles

Analysis of the Main Achievements of the Negotiation Process for the Accession of the European Union to the European Convention on Human Rights of 1950 (2019-2023)

Introduction. The article examines the main stages and achievements in the work of the ad hoc group (46+1) based on the results of the past 14 rounds of the negotiation process on the accession of the European Union to the European Convention on Human Rights of 1950. The author examines the fundamental problems prevented the European Union from accessing to the European Convention on Human Rights in 2013, as well as the novellas included in the revised draft Agreement on the Accession of the European Union to the European Convention on Human Rights, such as the application of Articles 33 and 53 of the European Convention on Human Rights 1950, as well as Protocol No. 16 thereto in relation to the law of the European Union. Materials and methods. The methodological ground of the study based on the following general scientific and special methods of the recognition of legal phenomena and processes in the field of European law: the method of system-structural analysis, the method of synthesis of social phenomena, the comparative legal method, the formal logical method. For certain questions, statistical data was involved in the study. To identify further vectors for the development of interaction between judicial bodies used the content analysis.Results of the study. Based on the results of the study, the author comes to the conclusion that the main problems preventing the European Union from the accession to the European Convention on Human Rights, are the specifics of the application of Articles 33 and 53 of the European Convention on Human Rights and Protocol No. 16 thereto in relation to European Union law, as well as the reluctance of the European Union to limit the sovereignty and autonomy of European Union law in order to strengthen the European system for the protection of human rights.Discussion and conclusion. The adjustments made by the ad hoc group (46+1) in relation to the Accession Agreement are very significant and, on the one hand, even unnecessary. They fully cover the observations indicated in the Opinion of the Court of Justice of the European Union No. 2/13 and at the same time satisfy the representatives of the European Union, which gives reason to believe that the accession attempt will have a positive outcome. Of course, if the European Union joins the European Convention on Human Rights of 1950, human rights, freedoms, and their guarantees will reach a new level, since their protection will be comprehensive.

List of Issues That Require Legal Regulation as Part of the Renewable Energy Regulation in Component States of Federation

The transition to renewable energy is strongly affected by legal regulation. To increase the efficiency of the introduction of renewable energy into the energy systems of component states of federations and accelerate the energy transition, it is necessary to carry out systematic work to improve regional legislation in this area. The purpose of this study was to analyze the current regulatory legal acts on the renewable energy of the regions of a number of countries such as the USA, Germany, India, Switzerland and Russia in order to form a universal list of issues that need regulation at the regional level. The main methods for achieving the objectives set in this study were the comparative legal method and the method of analysis and synthesis. As a result, a number of recommendations were developed describing how legal relations primarily need to be regulated by regional legislation, and examples of different approaches to their settlement were presented. The issues in need of legal regulation were divided into three groups according to the degree of importance of their regulation by the legislation of the component state of the federation. Further development of this study will be aimed at identifying the most effective industrial practices for resolving each of the issues included in the compiled list which will help improve the efficiency of regional legal regulation of renewable energy.

Exhaustion of rights and parallel import: legal assessment from the point of view of security

In the context of external challenges and threats, integration and digitalization of the economy, attention is growing to the issues of exhaustion of rights or parallel imports. The article considers the issues of exhaustion of exclusive rights to intellectual property objects from the point of view of ensuring security.The object of the study is the model of exhaustion of exclusive intellectual property rights in Russia, its features from the point of view of ensuring various types and levels of security. Based on the proposed periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, the author examines the formed model of exhaustion of intellectual property rights, highlights its features, identifies options for its scientific justification from the standpoint of ensuring national security in the context of internal and external threats.Methods of systemic, historical and institutional analysis, formal logical and comparative legal methods were used. The author proposes a periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, a classification of participants in legal relations directly or indirectly involved in the mechanisms of creation, use and turnover of intellectual property rights. Attention is drawn to three aspects of the mechanism of exhaustion of rights that has developed and is developing in Russia: the conceptual apparatus of the mechanism, the complexity and multilevel nature of the security provided by it and the mobile nature of the mechanism of exhaustion of rights. Conclusion are drawn that in modern Russia the established model of exhaustion of rights, combining elements of regional and international principles of exhaustion, can be considered as a way to counteract sanctions pressure, measures to protect domestic copyright holders, producers and consumers, measures to support the domestic economy, conditions for the formation and strengthening of technological sovereignty. It is proved that the established correlation of various models of exhaustion of rights in Russia reflects the dominance of aspects of national security protection, the strengthening of economic components of intellectual property rights protection.

Criminal Law Protection of the Ukrainian External Voting to the State Authorities in Post-War Conditions (A Case Study of Poland)

Background. The article explores the potential of conducting elections for state authorities of Ukraine in the foreign electoral district (external voting) in the conditions caused by the full-scale invasion of Ukraine by the Russian Federation on 24 February 2022. According to the United Nations High Commissioner for Refugees (UNHCR), with the caveat that the real numbers may be higher due to not all migrants from Ukraine being able to register as refugees, 6.2 million Ukrainians currently reside abroad, with 5.8 million of them situated in Europe. The Republic of Poland hosts the largest number of Ukrainian refugees with temporary protection status, exceeding 1.5 million. Therefore, the research focused on the case of the Republic of Poland, expecting that its findings could be extrapolated to other states where a significant number of Ukrainian citizens reside. Considering that about 20% of Ukrainian citizens reside abroad, including both refugees and those who permanently lived abroad until 24 February 2023, Ukraine must devise effective mechanisms for organising external voting; otherwise, if measures are not taken, less than 0.5% of voters abroad will be able to vote. In particular, it is necessary to develop models ensuring the criminal legal protection of external voting, as election abuses can affect voting outcomes significantly, distort the process, and even lead to the usurpation of power. Methods. Throughout the research, various methods, including logical (analysis, synthesis, generalisation, extrapolation, analogy, modelling, hypothesis), historical, systemic-structural, comparative-legal, and dogmatic methods, have been used. Logical methods played a crucial role in analysing the operation of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, regarding possible electoral offences committed outside Ukraine during Ukrainian elections held abroad. The historical method was utilised to analyse the experience of the Ukrainian parliamentary elections in 2019. The system-structural method has been applied to formulate proposals for ensuring the legal protection of elections to state authorities outside of Ukraine. The comparative legal method was applied when comparing provisions in the criminal legislation of Ukraine and the Republic of Poland, specifically those pertaining to liability for election offences. The dogmatic method has been used in the interpretation of the norms of the Penal Code of the Republic of Polandestablishing liability for election offences, in the understanding of the norms of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses regarding their application to election offences committed outside Ukraine. The article delves into two primary aspects. Firstly, it examines the jurisdiction under which criminal liability for election offences in Ukrainian external voting is imposed, explicitly identifying the relevant legislation of the involved state. Secondly, it addresses the problems of applying the principles of the operation of the Criminal Code of Ukraine in space concerning the prosecution of electoral criminal offences, including foreigners. Result and conclusions. The authors substantiate the necessity of creating supplementary election precinctswithin the territory of the Republic of Poland, designated for conducting Ukrainian elections beyond the premises of diplomatic institutions of Ukraine and equating them in terms of legal status to the premises of diplomatic institutions of Ukraine. The latter is possible by concluding a bilateral agreement between Ukraine and the Republic of Poland on assistance in conducting Ukrainian external voting on the territory of the Republic of Poland.

Micronesian States Natural Resource Law Features

The object of the study is the relations of environmental management in the Micronesian states, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Micronesia: Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariinsky Islands, the Territory of Guam, the possessions of the United States of America. The author examines the features of the state natural resource mechanism in the listed jurisdictions. The article examines the institution of ownership of natural resources, the permissive procedure for the use of natural objects. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Micronesian waters. The work completes the "Oceanic Sonata" in the theory of natural resource law of foreign countries and takes it to the next scientific level, qualitatively raising the "bar" for followers. The relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic interests in Oceania. The author in the article operated with dialectical, logical, historical, formal legal, comparative legal, deduction, induction and other methods of cognition. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal publications about Micronesia are insignificant, "living classics" is presented to your attention - one of the few Russian scientific articles about this Pacific region, while the available works are largely outdated, and some jurisdictions are covered in the domestic sciences for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the United States of America in the Russian Federation. At the same time, violations of the norms of international maritime law in the Pacific Ocean are noted, as well as cases of declaring the existence of an exclusive economic zone and the continental shelf of the United States of America in the waters of sovereign States and unoccupied atolls, but also their inclusion in the American Empire as possessions of the United States of America, acting as a possessor of other States.

On the organization of prosecutorial and supervisory support for the implementation of the national project “Ecological Well-Being”

The author examines the relations between the Prosecutor's Office of the Russian Federation and supervisory support in the field of implementation of a national project in the field of ecology. The subject of the research is the practice of the prosecutor's offices of the constituent entities of the Russian Federation and the Prosecutor General's Office of the Russian Federation, the case law of the Supreme Court of the Russian Federation, the legislation of the Russian Federation and organizational and administrative documents of the Prosecutor General of the Russian Federation, the works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method; system method; methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The author examines the organization of supervisory support for national projects, in particular, the problems that arise during work with sources of information about violations of laws, the organization of systemic information interaction with the objects being inspected, the distribution of responsibilities among prosecutors, the formation of departmental reporting, interaction with specialists (experts) during inspections, as well as during inspections at various stages of implementation of national projects. The work classifies typical violations and analyzes specific examples at various stages of national project implementation, such as: organizing and conducting procurement; implementation of government contracts; payment of government contracts and other expenditure of budget funds; organization and implementation of subsequent maintenance of purchased equipment and constructed facilities. The author also substantiates the need to create a single expert institution in the Russian Federation.

Economic and Legal Basis of Implementation of Compliance in Business Processes of Enterprises

Background: In today's economic world, an effective compliance doctrine is a mandatory component of the management portfolio of any reputable business structure. Currently, compliance strategy is being implemented in all countries of the globalised world, but in different ways: in some countries, actively and comprehensively, and in others, passively and fragmentedly. This study, using analytical and statistical methodological approaches, explains why compliance is implemented differently in businesses around the world. The authors evaluate the effectiveness of the leading types of compliance (anti-corruption, criminal law, environmental, financial, and labour) in the economies of OECD countries and other countries. The authors also substantiate that to strengthen the political will of governments, especially those of developing countries, to extend compliance into the national business environment, it is necessary to develop a national strategic document on the phased implementation of the compliance system in business processes of enterprises, as well as to develop an international document of general application (in the form of a UN Convention) to promote more active implementation of all types of compliance by governments around the world. Methods: The methodological apparatus of legal and economic sciences was used to study the compliance doctrine. The methodological apparatus of the study included mathematical calculation methods and graphical methods for assessing the degree of compliance implementation in countries of the world, probabilistic methods for providing recommendations for management actions and testing for clustering countries of the world. The study also uses special legal methods: formal legal methods for classifying the main features of the compliance phenomenon, comparative legal methods for comparing compliance regulation in different countries, and logical legal methods for improving legal regulation of compliance as a means of the economic well-being of enterprises. Results and Conclusions: The article reveals the content of business process compliance; assesses the effectiveness of this instrument in the economies of OECD member states, the EU and other countries in priority areas; develops proposals for regulation, including legislative regulation and implementation of compliance at the international, national and enterprise levels in the context of digitalisation and sustainable development.

Social and legal conditionality of customs duties evasion criminal liability

The subject of this article is the socio-legal conditionality of establishing liability for criminal evasion of customs and other payments. This article aims to answer the question of the validity of the elevation of the specified illegal act in the field of economic activity to the category of criminally punishable acts by analyzing relevant statistical data, recent legislative changes in the criminal law, studying the author's positions on the expediency of criminal law protection of calculation and collection of customs and other payments, and also taking into account technical transformations in the customs infrastructure. The author used dialectical, systemic, sociological, statistical, comparative legal methods to study the patterns of changes in the field of customs relations and subsequent legislative transformations in criminal legislation, the impact of these legislative decisions on statistical indicators of countering customs crime. As a result of the analysis of current statistical data related to the dynamics of the number of registered crimes, economic harm caused, recent legislative changes in the criminal law sphere, the study of author's positions on the expediency of criminal law protection of public relations related to the calculation and collection of customs and other payments, as well as taking into account information and technical transformations in the customs infrastructure the author concludes that it is advisable to establish a criminal law prohibition on evasion of customs payments, special, anti-dumping and (or) countervailing duties levied on organizations, as well as individuals. The relevance of this article is also due to the fact that over the past almost 10 years there have been no works devoted to the analysis of the socio-legal conditionality of establishing liability for evasion of customs and other payments paid in connection with the movement of goods across the customs border.

Criminal community as a manifestation of organised crime: A comparative legal analysis

The issue of combating organised crime is gaining increased attention in the context of developing comprehensive strategies for combating and preventing organised crime after the establishment of the Department of Strategic Investigations in Ukraine and its powers to bring criminal authorities to justice. The study aims to conduct a comparative study of the criminal community, in particular, to highlight the content and essence of the phenomenon, and to identify the shortcomings of the current legislation which does not provide for this form of complicity. The following methods were used in the study: systemic method – for characterising a criminal association as a type of organised crime; formal and dogmatic method – for analysing legal structures; comparative legal method – for comparing the features of a criminal association as a type of national organised crime in Ukraine and other states. The main reasons for the formation of criminal communities, their strategies, and tactics, as well as their impact on social and economic processes in society were investigated. The methods of counteracting this phenomenon at various levels, including legal, police and social, were analysed. The importance of developing an effective system of counteracting criminal communities to ensure public safety and maintain law and order was emphasised. The structure and composition of criminal communities were characterised. The strategy and tactics used by criminal communities to achieve their goals, including the organisational structure, communication channels and division of responsibilities, were studied. The interaction of criminal communities with other components of organised crime, such as transnational criminal networks, corruption, etc. was investigated. Strategies and measures to counteract and stop the activities of criminal communities were considered. The conclusions of the study can serve as a basis for developing strategies and policies in the field of combating organised crime and improving the level of security in society

Consideration of intellectual property law in the context of European Union practice

The development of effective legislation on intellectual property in the context of shaping a digital society is an important issue for ensuring the stable development of innovation and protecting creators’ rights. The aim of the work is to analyse the constitutional and international principles of legislative regulation in the field of intellectual property law in the European Union to improve its legal regulation in Ukraine. The scientific basis was the application of the dialectical method as a way to delve deeper into the issues of intellectual property law, as well as the use of methods such as detailing and synthesis, abstraction, analysis and synthesis, and comparative legal method. The peculiarities of legislation on intellectual property in Ukraine and the European Union have been studied, revealing the lack of unified legal regulation of intellectual property issues. Experience confirms that institutional support is necessary for the field of intellectual property in Ukraine. To determine an effective state policy, it is necessary to develop and implement new terminology in the field of copyright protection. In the past, insufficient international cooperation has led to Ukrainian legislation not meeting modern requirements, especially in actively developing areas that require special terms and designations for the protection of intellectual work results. Based on the results of the conducted research, it has been established that the system of intellectual property protection in Ukraine is developing and requires constant improvement. The existence of violations of intellectual property rights indicates the need for the implementation of a programme to improve this system, as state protection of intellectual property is the main aspect of developing an innovative economy and increasing Ukraine’s competitiveness. In other words, due to significant gaps in legislation, manufacturers of innovative products will not rush to introduce them to the Ukrainian market, and high-tech start-ups are not protected from unfair copying of ideas. Also, based on the research results, gaps have been identified in the regulation of legal regimes for texts, music, and images generated by artificial intelligence. The research results can be useful for legislators working on improving legislation on intellectual property and for the development of strategies for managing intellectual property, which will contribute to increasing competitiveness and innovative development of business

Moral and Legal Aspects of the Digital Transformation of the Criminal Proceedings in Russia and Foreign Countries

Relevance. The article examines the legal and moral aspects of digitalization of the criminal proceedings. The existing system of criminal proceedings presupposes the direct participation of a person at all stages, which reinforces the subjective factor. Automation of some processes will reduce the time spent on certain stages of legal proceedings and ensure objectivity. However, criminal procedural norms are closely related to moral norms, and some of them are dispositive in nature. In this regard, the digitalization of the criminal proceedings should be carried out taking into account both legal and moral imperatives.The purpose of the research is the analysis of legal and moral principles in the framework of the digital transformation of criminal procedural activity, taking into account the existing legal system.The objectives of the research: to investigate the combination of legal and moral norms in criminal procedural activities, to determine the importance of the moral aspect in criminal proceedings in the context of digital transformation, to consider the possibility of introducing artificial intelligence systems into criminal proceedings.The methodology of the research is presented by the dialectical method, the comparative legal method, the method of systematization and special legal methods.Results. The introduction of information technologies is possible in two ways: as an auxiliary mechanism of legal proceedings and as the main element of the resolution of a criminal dispute. The first way is currently being actively introduced into criminal procedural activities through the gradual introduction of electronic document management, expanding the possibilities of using video conferencing, etc. The second way is the most difficult, as it causes discussions in theory and in practice.Conclusion. According to the results of the study, it was concluded that the introduction of artificial intelligence systems, although it will facilitate the activities of the law enforcement officer, will completely eliminate the moral element in the criminal procedure. The algorithm will not be able to take into account the unique circumstances of the case. In any case, the law enforcement officer must participate in this process. In addition, any technical innovation should be regulated in detail in the criminal procedure legislation.

Impact of European integration processes on judicial reform in Ukraine

The research relevance is determined by the European integration and identification of gaps and shortcomings arising in the process of harmonisation of Ukrainian legislation with the legal standards of the European Union, providing improvement areas. The study aims to characterise the reform of Ukraineʼs judicial system in the context of European integration. The following research methods were used in the study: systemic and structural, comparative legal, formal legal, and systematisation methods, as well as methods of synthesis, analysis, and generalisation. The study established that the judicial reform launched in 2016 is linked to Ukraineʼs plans to become a full-fledged member State of the European Union. It is determined that under the legal regime of martial law, some processes of reforming the judicial system to the standards of the European community may be slowed down. It is noted that the Copenhagen criteria, especially chapters 23 and 24, are among the key definitions for the implementation of justice and the judiciary in a country which is a member of the European Union. The analysis added that to accelerate the European integration processes in Ukraine, composition renewal of the Constitutional Court of Ukraine should be undertaken. The need to establish transparent qualification requirements for judges and modernise the selection process for the judiciary was outlined. The study concludes that it is necessary to fully launch the High Qualification Commission of Judges of Ukraine, which is one of the key bodies of judicial self-government. The effective operation of this body is essential for maintaining the judiciary at a high professional level and ensuring compliance with the standards of justice. Furthermore, the study stressed the importance of continuing to effectively combat any manifestations of corruption in the activities of the judiciary and the judicial system as a whole. The study materials can be used to improve the functioning of the judicial system in Ukraine

Some aspects of legal regulation of cryptocurrency circulation in Ukraine

The impact of modern information technology has led to the emergence of a new form of currency – cryptocurrency, based on blockchain technology. This study aims to analyze the existing legal framework and delve into potential ways of legal regulation of activities related to the circulation of cryptocurrencies, in particular bitcoin. To achieve this goal, the study used a comprehensive set of both general scientific and specialized cognitive methods, including the comparative legal method, the systemic and structural method, methods of generalization, analysis and synthesis.
 The study clarifies the essence of blockchain-based cryptocurrencies as an alternative to traditional fiat currencies based on the fundamental principle of decentralization. It is noteworthy that among the many cryptocurrencies, bitcoin stands out with a distinctive feature called “hardness,” which gives it the properties of “digital gold.” This quality makes bitcoin a powerful means of preserving value, like precious metals, strengthening its status in global finance.
 In addition, the study outlines the current state of legal regulation of relations related to the circulation of virtual assets. A thorough analysis of the existing legal framework and its effectiveness in addressing the unique challenges posed by decentralized currencies has also been conducted.
 The study pays considerable attention to the prospects for the development of legal regulation of cryptocurrencies, which will consider the dynamic nature of virtual assets.
 To summarize, this study contributes to the understanding of the economic intricacies inherent in blockchain-based cryptocurrencies, with a special emphasis on the “hardness” of bitcoin as a distinguishing factor. In addition, the study sheds light on the current state of legal regulation of virtual assets, paving the way for insightful predictions of the future regulatory landscape. This work not only adds to the academic discourse around cryptocurrencies, but also serves as a valuable resource for policymakers, practitioners and academics grappling with the challenges and opportunities presented by this new financial paradigm.

The Use of Digital Game Currency as a Way to Legalize the Proceeds of Crime

At the current level of development of the legal system of the Russian Federation, one of the most pressing problems is combating money laundering and its subsequent use for illegal purposes. Information technology creates an opportunity to improve the criminal technology of committing crimes and their concealment. One of the newest ways of money laundering is the use of digital game currency. The use of digital gambling currency is a relevant tool for money laundering, disguising cash transactions and their further sale. Such currency can be used to buy and sell virtual goods in various online communities, including social networks, online and offline games. Such currency can then be exchanged for fiat or decentralised funds, which in turn facilitates novel money laundering schemes. The purpose of this paper is to investigate in-game currency, the ways it can be used for money laundering, and to develop possible measures to counteract this unlawful act. To achieve the set goal of the study we used dialectical, comparative legal, formal-legal, system-structural and other methods; the analysis of criminal cases for the period from 2018 to 2023 was carried out, media materials were reviewed and analysed. As a result of the conducted research the use of digital game currency as a method of money laundering was considered, the main categories of in-game currencies used for laundering of proceeds of crime were identified, and a possible way to counteract the use of digital game currency for the purpose of laundering of criminal proceeds was proposed.

Метаморфозы западной демократии: от идеи народоправства к демократии “highly likely”

Purpose. To show the genesis of approaches to understanding democracy as a form of realization of power by the people, to reveal the problems of the metamorphoses of democracy, from historical forms of direct democracy (people’s assemblies) to democracy «highly likely». Methodology: general theoretical method of formal logic, historical, comparative legal method. Results. Democracy as a form of organization of state power has certain disadvantages, is not always historically and socially justified and requires a certain, high level of political culture of the population. The practice of existing states shows that today there are no states that are absolutely identical in the implementation of the principles and institutions of democracy. Modern information and commutative technologies have opened up new opportunities for the transformation of basic democratic values in accordance with political needs. Today, various illegal types of disinformation and the policy of double standards pose a real threat to democracy. Discussion. The article may be useful for educational and scientific purposes.

The modern state of regulatory and legal support for plant protection and its improvement in the context of legislative activity

The relevance of the chosen topic lies in the fact that in recent years in Ukraine, there has been a tendency to work on changes to the valid legislation in the field of plant protection, which is due to the need to adapt Ukrainian legislation to the legislation of the European Union. The purpose of the study is to conduct a comprehensive analysis of the modern and prospective state of regulatory and legal support for plant protection in Ukraine. Research methods used in the work include comparative legal, systemic-structural, formal-logical, and doctrinal methods. The system of legislation regulating environmental and economic security in the agricultural sector of Ukraine is based on constitutional and general norms, environmental legislation, international treaties, as well as subordinate acts that ensure their practical implementation. The research results have established that the modern state of regulatory and legal support for plant protection in Ukraine requires revision and updating due to the presence of outdated, imperfect, and Soviet-influenced legal norms in the field of plant protection, as well as Ukraine’s European integration prospects. Conclusions have been drawn regarding the need to revise conflicting and overlapping provisions of the draft Law of Ukraine “On State Regulation in the Field of Plant Protection” and to make relevant amendments during the preparation of the bill for the second reading. Emphasis is placed on the need to focus specifically on the further implementation of such a bill and the inexpediency of adopting the Draft Law of Ukraine “On Amending Certain Laws of Ukraine to Eliminate Inconsistencies in the Areas of Legislation on Plant Protection and State Control”. The research materials may serve as a theoretical basis for filling gaps in Ukrainian legislation and may also be useful for students and teachers in the process of preparing for disciplines such as “Environmental Law of Ukraine”, “Natural Resource Law of Ukraine”, “Floristic Law of Ukraine”, etc

Parliamentary Elections and the Gender Aspect: A Comparative Analysis of the Experience of Ukraine and Sweden

Gender aspects in parliamentary elections are becoming more and more important both in the context of achieving equality between the two sexes, and in view of the important role of women in increasing the effectiveness of politics, tolerance, and combating violence and war. Studying the Swedish experience in achieving gender equality in politics will reveal directions for further political reforms in this area. The purpose of the study is to identify the most effective practices for achieving gender balance in politics by conducting a comparative analysis of the Swedish and Ukrainian experience. The main methods are statistical analysis, comparative legal method and rating method. The study of the legislation of both countries regarding gender quotas and the analysis of additional ways in which Sweden achieved modern results made it possible to formulate recommendations for Ukraine that can contribute to the achievement of gender equality in the course of parliamentary elections.

Transformation of the Institutional System of Legal Relationship Regulation in the Context of Modern State Governance

Introduction. In the context of the national law development, the institutional regulation doesn’t prove to be enough efficient due to a number of factors: the excessive institutionalization of laws, norms and requirements by the subjects of state governance, the use of the outdated methods and regulatory mechanisms, the disintegration of the regulatory institutions, etc. In the frame of the modern scientific research, the solution of these issues is possible only in case of transformation of the legal regulation system towards the rational state governance, provision of technological support and overcoming the excessive rules. Thus, the present work aims to analyse the up-to-date concepts of the institutional regulation system taking into account its basic elements, functions and principles, which will help to detect the gaps and reasons underlying the poor efficiency of the governing process.Materials and Methods. The requirements of the current stage of the state governance development have become the materials for the research. The research methodology includes a set of general scientific and specific scientific methods: legal, dialectical, logical, institutional, system-structuring, as well as comparative legal and legalistic methods aimed at the detailed study of the regulatory processes, their substantive stages, principles and functions.Results. The analysis of the institutional regulation system activity is formed by many interacting factors, including openness of the regulatory processes, participation of the public, open discussions, unbiased assessment of the regulatory impact and expediency of the state intervention. The conducted research has made it possible to distinguish the various functions and principles of the institutional regulation, which are significant for the current stage of the state governance development. The requirements for the legal regulation system have also been defined, including the qualitative analysis of the legislation, implementation of the "smart regulation" concept, participation of the specialists of the allied sciences in the regulatory process, implementation of the modern research findings, methods and innovative technologies, as well as moderate and rational control over the efficiency of the regulatory institutions functioning.Discussion and Conclusion. The institutional governance is subject to many hierarchical factors and excessive control of the authorities. As to the practical recommendations, the following solutions seem to be the most rational: smart delegation of powers, coordination and systematisation of all regulatory stages and elements within the process of the new legal principles and mechanisms implementation supported by the participants’ proactivity and by the space for the up-to-date solutions. The present research proves to be significant for the Russian juridical science, as it implies the systematisation, enhancement and transformation of the fundamental legal principles

Legal status of young scientists in the Russian Federation

The subject. The article presents a comprehensive analysis of the legal status of young scientists in the Russian Federation, taking into account the needs of the Russian scientific society for the reproduction of the scientific knowledge.The purpose of the research is to confirm or to reject the hypothesis of the necessity of the specific legal status of the young scientists in Russian academic law.Methodology. The formal legal method, the method of comparative legal analysis and method of systemic approach were used in the article.The main results. The research proves that the modern Russian academic community is in need of the young scientists due to the aging of the community. According to statistics, the lack of social guarantees and the low prestige of the academic profession result in a low percentage of PhD graduates in the recent years. The study concludes that there is no systematic approach to the definition of the status of a young scientist in the current Russian law. Although attempts to formalize the legal status of the young scientists have been made, they have so far not led to significant results. The authors conclude that the current legislation governing the legal status of young scientists should be harmonised. Analysis of the current legislation on the legal status of young scientists also reveals a number of complex issues. Social guarantees for young scientists, presented in the form of social housing, affect only a small proportion of the scientific community, while there are no laws granting preferential loans for young scientific workers. The participation of young scientists in grant support competitions is complicated due to the lack of a unified approach. Specific problems are faced by female scientists. A partial solution to the problem of the low prestige of the profession for both scientific and pedagogic workers, according to the authors of the article, lies in the foundation of a unified federal system of guarantied wages for such workers.Conclusions. Researchers conclude that a consistent approach to the legal status of young scientists and social guarantees, according to such status, can ensure the stable growth of young people in the sphere of scientific activity. In order to enhance the prestige of the profession of scientist among young people and to prevent the lack of scientific and pedagogical workers, researchers consider it necessary to take a number of measures, such as legal enshrinement of the status of a young scientists, development of a system of social guarantees, search for a new ways to measure the scientific activity of employees, formation of a stable system of postgraduate studies and creation of comfortable working conditions for young scientists.

Developments in Comparative Public Law in South Africa

In South Africa, the study and practice of law involve comparing different legal systems due to the complex historical blend of Roman-Dutch, English, indigenous, and religious laws. Constitutional supremacy since 1994 has amplified the importance of comparative legal method. The 1996 Constitution itself drew from various legal systems, endorsing the use of foreign law in interpreting rights. Comparative legal method is vital across all legal domains, and has greatly grown in relevance in constitutional and administrative law following constitutionalisation. This contribution explores the use of comparative legal method in South African constitutional and administrative law. It uses Herwig Hofmann’s three categories of comparative frameworks, namely “law as category”, “law as source” and “law as variable”, to consider the continuity and discontinuity between historical reliance on comparative method in South Africa and comparative legislative and judicial practices under the Constitution in the areas of constitutional and administrative law.