Comparative Legal Method Research Articles

Potencjalna rola regulacji soft-law i francuskiej koncepcji rozporządzeń z mocą ustawy (ordonnances) w osiąganiu celów zrównoważonego rozwoju

The purpose of the article is to present the interconnection between the financial market, sustainable development and soft-law rules in today’s economy we have an overlapping process in the financial markets between general investment based on financial efficiency and investment concerning social responsibility – including ESG criteria (environmental-social-governance). The concept of sustainable development may be defined as a tool leading not only to economic growth but in the long term also as a solution leading to the elimination of the disproportions and instabilities within a society. The COVID pandemic and the war in Ukraine showed, that today we require some new legal instruments and techniques that could help in the realization of goals of sustainable development and that would ensure legal stability. The methodology used by the author is related to the functional approach of the comparative legal method, the historical-descriptive and the dogmatic method, with a special focus on French and international law regulations. Comparative method is both a science, a research method and the effects of research obtained from the application of the comparative studies. Comparative studies, as a science of comparing selected aspects of different legal systems, is aimed at learning and understanding law in a much broader context, because at the supranational level. It is this aspect that makes comparative research extremely important for sustainable development rules, which are often characterized by a cross-border and international character. The scientific aim of the work is to show whether and how soft important law provisions especially in the financial market, as well as regulations with the force of law, can be a useful instrument supporting the process of building sustainable finance. As part of the conclusions, the author notes that the use of the described legal structures may contribute to faster and more effective implementation of sustainable development regulations. The above is even more important when these regulations appear from a supranational perspective rather than from a national perspective.

PREEMPTIVE SELF-DEFENCE IN PUBLIC INTERNATIONAL LAW: AN ANALYSIS THROUGH THE LENS OF INTERNATIONAL COURT OF JUSTICE JURISPRUDENCE

Background: The right to self-defence is one of the fundamental principles of international law, explicitly sanctioned by Article 51 of the Charter of the United Nations. However, the practice of this right, especially on anticipatory or preemptive force, continues to be a contentious issue. Thus, it is questionable to what extent and under what circumstances selfdefence can be applied when dealing with non-state actors and potential threats in the future. This paper seeks to address these worrying issues through primary historical references and legal systems focusing on the guidelines of necessity and proportionality measures. Methods: This study systematically analyses case law, international treaties, and the United Nations Charter 51 to explore how self-defence is perceived in different contexts. It also uses a comparative legal research method, informed by the International Court of Justice (ICJ) decision and subsequent literature. Cases like Nicaragua v. United States, the Iranian Oil Platforms case, and those involving Israel, the United States, and the United Kingdom were consulted to understand the issues of necessity, proportionality, and preventive self-defence. By adopting a case analysis method, this research explores the preliminary concept of self-defence in the legal system of public international law regarding the state practice and as interpreted by the International Court of Justice. The choice of examples, such as the conflict in Ukraine and the armed aggression of Russia and Turkey, Syria, and Iraq, was planned and chosen based on their significance in modern international law. Secondary data sourced from scholarly articles and legal publications complemented this study. Results and Conclusions: According to the data, the right to self-defence is the most significant and one of the most contentious issues in international law. For instance, events like the Six-Day War of 1967 demonstrate how states leverage self-defence purposes to carry out military actions. However, findings made by the International Court of Justice in cases such as Nicaragua v. United States emphasise and uphold the principle of proportionality and reasonability in self-defence arguments. Anticipatory self-defence is still debated, with the Caroline case for defining particular conditions under which anticipatory self-defence is permissible. However, preemptive self-defence continues to spark debate in public international law, with considerable theoretical and practical implications. Russia’s invasion of Ukraine and the tensions between Turkey, Syria, and Iraq contribute to the relativity of the issue in today’s politics and law. For example, the Russian-Ukraine War illustrates adjustments that come with embracing old self-defence theories when the global security environment is metamorphosing. It has brought to the foreground issues related to aggression, deterrence, and the legal use of force in dealing with threats that are perceived to be existential. This case allows for consideration of the role played by the ICJ in establishing the parameters of state conduct, as well as an analysis of the realities of legitimate force. Similarly, the conflicts involving Turkey, Syria, and Iraq show there is a modern trend of utilising anticipatory self-defence as a justification for military actions against non-state actors. They are significant in illustrating how states can maintain their security and simultaneously recognise and uphold the sovereignty of other nations. Additionally, the determination by the ICJ of any such claims assists in understanding the evolving legal regime for these processes. The analysis shows that Article 51 outlines the formal possibility of employing force in self-defence, but at the same time, the interpretation of the given article is often questionable. The international community still faces many challenges defining the differences between preemptive and preventive strikes. The proposal is that nations must be careful while employing self-defence and ensure that what they do is reasonable and necessary concerning the threat. In addition, the United Nations Security Council should actively resolve disputes to reduce the risk of the self-defence doctrine's misuse.

Legal liability for theft under martial law: substantive and procedural aspects

Purpose. The purpose of the work is to analyze changes to criminal legislation and legislation on administrative liability for the secret theft of someone else’s property, further judicial practice on this issue. To identify certain trends in the application by courts of legislation establishing liability for theft under martial law. To analyze the specified changes for their relevance and compliance with the basic principles of liability. The basis for such analysis is the practice of the courts of Ukraine, which is posted in the Unified Register of Court Decisions and previous theses of the author’s conferences, covering individual aspects of the problem under study. Methodology. The methodology includes a comprehensive review and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the study: terminological, systemic and structural, comparative legal and analytical methods (when analyzing and comparing existing judicial practice for several years). Results: During the research, it was recognized that changes to the legislation that provide for legal liability for the secret theft of someone else’s property are hasty, unfounded, and create new problems in law enforcement practice without solving existing ones. Originality. The research found that legislative work on legal liability, as a prerequisite for proper law enforcement, needs to be improved. The research perspective indicated that changes prompted by public demand did not respond to this demand, but were essentially a populist solution. Practical significance. The results of the study can be used in lawmaking activities to develop the necessary changes to the current legislation of Ukraine on criminal and administrative liability, as well as to continue further theoretical research in this area.

ON MANOEUVRING KAZAKHSTAN'S CRIMINAL LAW IN DEFINING TORTURE AND OTHER CRUEL, INHUMANE, AND DEGRADING TREATMENT AND PUNISHMENT

Background: The issue of violence remains highly relevant in Kazakhstan today. Despite legal protections against violence and defence for individual rights, to date, there has been no resolution to the issue of torture by or on behalf of the state. The foundations of Kazakhstan as a rule-of-law state are undermined by violence. The state's efforts to address the current situation appear to be ineffective, fostering an environment where future violations of the rights, liberties, and legitimate interests of individuals, as protected by the Republic of Kazakhstan's Constitution, are encouraged. There is a trend towards governmental illegal violence being tolerated. It is unacceptable for law enforcement and prison personnel to conduct torture as a standard practice. Systemic measures, including criminal law measures, have a specific position in the fight against torture. This study's objectives are to analyse how torture and other cruel, inhumane treatment are criminalised under Kazakhstani criminal law, pinpoint issues with how these laws are applied, offer recommendations for addressing them, and contribute to the ongoing conversation surrounding these issues. Methods: The method of normative-legal research was used in the analysis of Kazakhstani criminal legislation on the qualification of torture. The method of conceptual analysis was used in the study of a new conceptual apparatus in the disclosure of understanding of ill-treatment and torture. The comparative-legal method allowed the analysis of the history of the development of Kazakhstan’s criminal legislation on the criminalisation of torture and ill-treatment to be subject to critical analysis of the current norms of criminal law in comparison with international legal acts. The qualitative method was used to analyse the situation with torture according to official data of the Committee on Legal Statistics and Special Records of the General Prosecutor's Office of the Republic of Kazakhstan, appeals of Kazakhstani citizens to the Commissioner for Human Rights in the Republic of Kazakhstan with complaints of torture. Results and conclusions: Based on the analysis of the provisions of the current Kazakhstani criminal and international legislation and relevant scientific literature, the authors come to a scientifically justified conclusion on the need to actualise the attention of the state to focus more actively on addressing torture and cruel, inhumane treatment. The authors make proposals for further development of criminal-legal measures to counter torture and cruel, inhumane treatment. One such recommendation is to remove the narrow definition of an official in relation to torture within the health care, education and medical and social spheres. Furthermore, the authors argue for the adjustment of Article 146 of the Criminal Code to more clearly differentiate between ill-treatment and torture.

Методологія дослідження правових засад духовно-морального виховання в системі освіти України

Scholars' attention to the issues of spiritual and moral upbringing is becoming increasingly important in the context of modern societal challenges, especially in light of the full-scale war. A significant result of any research can only be achieved by employing an effective methodology. This article demonstrates the methodological tools that can be used to study the legal foundations of spiritual and moral upbringing within the Ukrainian education system. The concepts, levels, and structure of methodology are examined. The article presents methodological principles for research, including the principles of historicism, complexity, systematization, objectivity, comparison, and practicality. Attention is given to methodological approaches such as historical-legal, systemic, comparative, psychological-pedagogical, cultural, axiological, dialectical, and interdisciplinary approaches. Among the research methods, the focus is on formal-legal, logical-legal, and comparative-legal methods. The article proposes a custom methodology for researching legal documents that regulate spiritual and moral upbringing in the Ukrainian education system. The methodology involves several stages. The first stage involves collecting legal documents regulating the educational process, with attention to sources of information and chronological classification of the collected documents. The next stage involves analyzing the legal documents, with key components being initial analysis, deep content analysis, comparative analysis, and functional analysis. The final stage involves evaluating the effectiveness. This methodology helps to identify trends and issues within the legal framework and offers recommendations for its improvement. Each component of the methodology provides a unique perspective for studying the legal foundations of spiritual and moral upbringing, allowing for a deeper understanding of their essence and significance in the educational process

Popular assemblies as historical prototypes of parliamentarism

Relevance. The emergence of parliamentary mechanisms in the European space is the result of a strong political and legal tradition. Before parliaments acquired the status of state structures, society developed special representative institutions - prototypes of parliamentarism, which are rightly considered popular assemblies. The analysis of their legal status and functionality is a promising scientific direction, as it allows us to generate regularities and factors of parliamentarism as a unique category. Purpose: generalization of retrospective experience of people’s assemblies in the context of their positioning as proto-parliamentary models. Objectives: to study the empirical basis for the functioning of popular assemblies in the format of ecclesia, commissions, tings and veche, to determine the «points of influence» of these structures on the fixation of parliamentary values in national legal orders.Methodology. The methodology of the research is represented by a combination of general scientific, private scientific and special legal methods, among which the comparative legal method is of particular importance.Results. The results of the study are of theoretical and applied nature and consist in a summarized view of the competence toolkit of popular assemblies operating in different historical periods on the territory of the European continent and their role in the subsequent establishment of parliamentary principles.Conclusions. Popular assemblies in the format of ecclesia, commissions, tings and veche, accompanying the development of the state system of various countries and epochs, were peculiar stimuli for the formation of parliamentarism, which acquired a stable reputation as the social architecture became more complex and deliberative structures were introduced into the managerial conjuncture. The experience of people's assemblies largely predetermined the further emergence of parliaments as a natural result of the development of social relations.

The concept, legal nature, content and subjects of notarial legal relations under Russian law

The article examines the nature and main characteristics of the notarial legal relationship. The notarial legal relationship is considered as a kind of social relationship associated with the organization and functioning of the notary in Russia. Accordingly, a notarial legal relationship can be considered both in a narrow sense (relations between a notary and persons who applied for a notarial action), and in a broad sense, which also includes relations between notaries and notary chambers. Based on the comparative legal method, the author analyzes the theoretical foundations of civil procedural and notarial legal relations. It is proved that the notarial legal relationship is of a public law nature and of a substantive nature, due to which it cannot be attributed to procedural activities, and at the same time cannot be considered as a civil legal relationship. The obligatory subject of a notarial legal relationship (in the narrow sense) is a notary who performs a notarial act. The content of the notarial legal relationship is the rights and obligations regulated by Russian legislation on notaries and the Regulations for performing notarial acts.

The emergence of related rights: the retroactive aspect

The article is devoted to the issues of the emergence of related rights through the prism of the retroactive aspect. The work uses historical, comparative legal and formal legal methods. Based on the analysis of the legislation of the USSR and current judicial practice, it was revealed that in relation to related rights, the axiom “the law has no retroactive effect” is valid without any exceptions. Related rights to the relevant results of intellectual activity could arise only after the amendments made to civil legislation in 1991. The problem of protecting authors and copyright holders of related rights in the event of the emergence of a new information and telecommunications network is identified, and options for its resolution are proposed.

The antidemocratic tendencies in the article «Labour Relations» of the draft Law of Ukraine «On Labour» under martial law

Nowadays Ukraine is experiencing an extremely difficult wartime in the strengthening democratic European values of social life. With the help of the critical analysis method the historical and legal evaluation of objective norms in labor sphere which are discriminatory was done. The comparative-legal method has helped to study the draft’s norms on conformity of their current legislation of Ukraine on labor. In the context of the armed struggle for Democracy, part of which is recognition of human rights and strengthening the Rule of Law, legislative initiative to reform the legal regulation of social relations, the object of which is the labor and employment, has signs of an anti-democratic state-political regime. The most dangerous tendency of the Draft is that its content prioritizes the economic system over the individual, which contradicts Article 3 of the Constitution of Ukraine and may lead to severe consequences, examples of which in the history of the state and law include genocides against nations. The Labor Code of Ukraine, dated December 10, 1971, No. 322-VIII is today the only normative legal act that is really able to protect human rights in Ukraine, in particular, the employee, along with the Constitution of Ukraine. At the same time, certain institutions and sub-institutions of labor law need to be developed as a result of the dynamics of social relations related to labor. Instead, the Draft Law of Ukraine «On Labor» on the legislative initiative of the Cabinet of Ministers of Ukraine represented by D. Shmygal does not represent any development of the already established foundations and principles of legal regulation of labor relations, but on the contrary, proposes to cancel them all, which has the characteristics of an anti-democratic state-political regime and discrimination of a person on the basis of work. The current Labor Code of Ukraine certainly needs to be improved, but any reforms of legal regulation cannot cancel the already developed legal institutions on the basis of the principle of the rule of law. Unfortunately, the Project is not of an evolutionary nature of the institutions of the right to work, it simply escapes them, which contradicts the existing regulatory framework of Ukraine, and can lead to an irreparable social situation, examples of which have repeatedly occurred in the historical and legal development of the nations of the world. The methods of our doctrinal research are the method of critical analysis and description, the comparative legal method, etc.

DENIAL OF AGGRESSION AGAINST UKRAINE OR OCCUPATION OF ITS TERRITORY: A NEW CASE AMONG THE DENIAL CRIMES

Background: Denial crimes are considered one of the most controversial topics in modern criminal law. The criminalisation of historical negationism is problematically balanced between two extremes: the need to protect historical memory, public order and the feelings of victims of terrible tragedies and their descendants, and the need to safeguard freedom of expression and academic debate. Despite this tension, the criminalisation of denial crimes has been gaining momentum on the European continent and is constantly expanding. For a long time, Ukraine has remained on the sidelines of this complex debate on the prohibition of denials. However, Russian aggression prompted the Ukrainian parliament to criminalise the denial of the aggression against Ukraine and the occupation of its territory. The wording of the law is not trivial and differs from classic European models. Two laws were adopted simultaneously, but they were not synchronised with each other, creating a collision. Despite this, both are widely used. This article, therefore, demonstrates Ukraine's thorny path to criminalising denials and the legal difficulties that arose from the extreme conditions under which the laws were adopted. Methods: In the initial stages of the research process, the authors present a concise overview of the evolution of criminal prohibition of denial across the globe, focusing on recent trends. This is achieved through the application of historical and comparative legal methods. The central section of the study is devoted to an examination of the Ukrainian experience, comprising two parts. The first section elucidates the evolution of the concept of criminalisation of these actions in Ukraine through an analysis of legislative initiatives and the outcomes of their assessment. The second section is dedicated to investigating the shortcomings of the legislative process, the challenges encountered in the implementation of adopted amendments, and the formulation of recommendations for the resolution of collision between legal norms, as well as suggestions for improving existing regulatory frameworks. In this endeavour, the authors employ a combination of formal legal and logical methods of cognition. Results and conclusions: Europe is at the heart of the movement to criminalise historical negationism. Most European countries criminalise some form of denial. Ukraine, as a candidate country for accession to the European Union, must harmonise its legislation with EU law. Over the past two decades, numerous draft legislation proposals have been submitted to the Ukrainian parliament with the intention of criminalising the denial of specific historical facts and their legal assessment. However, the Ukrainian experience differs significantly from that of its European counterparts, which mainly focus on liabilities for denying the Holocaust, other genocides, crimes against humanity, and war crimes. At present, the criminal law of Ukraine provides for the denial of Russian aggression and occupation in two distinct articles of the Criminal Code of Ukraine. Both articles are applied in practice, resulting in legal uncertainty and a violation of the principle of equality. The article proposes an amendment to the Criminal Code of Ukraine to resolve this collision and, in the interim, to resolve the collision of norms by the principle of in dubio pro homine.

Comparison of institutions of obligation due to harm and unjustified enrichment in modern Russian civil law

Relevance. The study is devoted to comparing the institution of obligation due to harm (Chapter 59 of the Civil Code of the Russian Federation) and unjustified enrichment (Chapter 60 of the Civil Code of the Russian Federation) in modern Russian civil law from theoretical and practical positions using the only criterion of differentiation – the consequences of committed actions (inaction. The article focuses on the problem of choosing a particular claim and notes the ambiguity of judicial practice on this issue.The purpose of the article is to compare the institutions of obligation due to harm and unjustified enrichment (Chapters 59 and 60 of the Civil Code of the Russian Federation), to determine possible improvements in legislation).Objectives: to determine the essence of tort and unjustified enrichment; to analyze various points of view on the relationship between tort and unjustified enrichment and the institution of obligations due to harm and unjustified enrichment; to identify and consider the problem of competition of claims; to propose a possible differentiation of institutions of obligation due to harm and unjustified enrichment.Methodology. In the preparation of the work, dialectical, formal-legal, comparative-legal methods of scientific cognition were used along with methods of description, analysis, and scientific abstraction.Results. As a result of the conducted research, it was recognized that the institutions defined in Chapters 59, 60 of the Civil Code of the Russian Federation have difficulties in their differentiation, which creates the problem of competition of claims. The main criterion for their differentiation should be considered the consequences associated with the actions of a delinquent or unreasonably enriched person.Conclusions. It is concluded that the Plenum of the Supreme Court of the Russian Federation in a special Resolution clarifies the provisions of the norms of the Civil Code of the Russian Federation on the distinctive features of unjustified enrichment and obligations arising from harm).

On the Nature of Digital Rights and Low-volatile Digital Currencies

The article discusses topical issues related to the nature of tokens. First, the author pays attention to the proximity of the legal nature of tokens to uncertified securities, which are also a mechanism for accounting for property rights, and not an independent type of property right. Secondly, the author resorts to a comparative legal method when studying the institute and points to the existence of a mechanism for creating digital forms of certification of property pairs in France and Germany. Thirdly, the article contains special interpreted phrases “without reference to a third party” of article 141.1, paragraph 1, of the Civil Code of the Russian Federation, which does not impose prohibitions on any types of intermediation in the market of tokens. Fourthly, the article analyzes the ratio of low-volatile digital currencies to tokens, indicates the difference in their legal nature.

Legal Issues of Ensuring Technological Sovereignty

Objective: to identify the legal issues of ensuring technological sovereignty and to determine scientifically grounded vectors of their solution.Methods: the study is based on formal-legal, historical-legal, comparative legal methods, as well as the methodology of soft systematicity, legal forecasting, and legal modeling. Results: the article presents a theoretical and legal approach to understanding sovereignty and differentiating its types. Under modern conditions, a significant role is given to the independence and autonomy of the state in the technological sphere. The correlation of digital and technological sovereignty is considered; the latter notion is outlined taking into account the gaining popularity of the Western concept of digital (technological) solidarity. The regulatory foundation of the state strategic autonomy is legal regulation, in which the concept of technology-centrism has been firmly established in recent years. The technological paradigm of modern legal regulations was identified. It consists in strategizing the scientific and technological innovations in strategic planning documents, as well as in sovereignization and cyclization of the legal sphere, digital transformation of the culture of lawmaking and law enforcement, technologization of the legal language, expansion of the scope of legislative regulation and the volume of subordinate legislation. The analysis of the correlation between the legislative and subordinate law levels of technological positioning of the Russian Federation in strategic areas has allowed to emphasize the important systemic interrelation of the involved traditional and innovative law-making tools as they ensure technological development. The author also identifies the risks of expanding legal experimentation in the digital area of public relations, which should exclude the possibility of circumventing the established critical limitations.Scientific novelty: the work forms a theoretical and legal model of ensuring technological sovereignty, which is of strategic importance for the preservation of the Russian Federation sovereignty in its classical understanding as the main and most important feature of the state.Practical significance: the results can be used in law-making activities of public authorities to create legal mechanisms for research, development and implementation of critical and end-to-end technologies and the production of high-tech products based on them in order to ensure national security of the Russian Federation.

Establishing Usufruct Rights under Statutory Basis in Vietnamese Law

The usufruct rights is a legal right that was imposed on the property of another person, and can only arise based on legal events prescribed by law, called the basis for establishing usufruct rights. The basis for establishing usufruct rights according to the laws of different countries is not entirely the same. In Vietnam, usufruct rights are established based on three legal bases: the basis prescribed by law, the basis of the agreement of the parties, or the basis of a will. This article studies the basis for establishing the right of usufruct according to the statutory basis, in current Vietnamese law (specifically the 2015 Civil Code). By using the methods of written law analysis, historical method, comparative legal method, and survey of the practical application of Vietnamese law, the article provides the content of positive law in Vietnam on the basis for establishing usufruct rights according to the law, aiming to introduce readers to the current legal status, point out the advantages and disadvantages of these regulations, select practical experiences of foreign law, and contribute to building solutions to improve the regulations on the basis for establishing usufruct rights according to the law in Vietnam today.

Problems of qualification in receiving a bribe on the example of medical workers

Subject of research: norms of the criminal legislation of the Russian Federation devoted to bribery and the concept of an official, as well as clarifications of the Plenum of the Supreme Court of the Russian Federation on the qualification of certain crimes of corruption. Purpose of research: to give scientifically based proposals to eliminate the problem of qualifying the actions of a medical worker, including one who is the head of a structural unit of a medical organization, as receiving a bribe. Object of research: social relations arising in connection with the performance by a medical worker of his professional and official duties, which were studied using comparative legal, dialectical and analytical methods. Main results of research: a justification is proposed for the need to include in the Criminal Code of the Russian Federation a rule on liability for illegal remuneration of officials of healthcare institutions.

THE PHENOMENON OF EURASIAN ECONOMIC UNION LAW

The purpose of the article is to comprehensively analyze the definition “The Law of the Eurasian Economic Union” and determine its place in the international law system. Research methods: historical-legal, axiological, functional and contextual approaches of comparative legal method, formal-legal method. The authors consider the genesis of Eurasianism as a historical phenomenon and philosophical direction, analyze the law-forming social factors that form the basis for the Eurasian law development. They conclude that Eurasian integration has traditionally been free and legal and the system of Eurasian law is based on the postulates of both Western and Eastern influences. These are the rule of law, collectivism and the priority of natural relations within the group. The law-forming factors that influenced the creation of the EAEU and its law are peculiar and fundamentally different from the factors and prerequisites characteristic of other integration economic formations. The EAEU was created by the states that had previously been part of a single state; its statutory documents, along with taking into account the peculiarities of European law, also took into account the confessional and civilizational identity of Eurasianism. Formally, at this stage of Eurasian integration, the EAEU law is a sub-branch of international economic law and represents a system of principles and norms in the sphere of international communication of Eurasian states, created to regulate public relations on the creation (liquidation) of regional associations, cooperation of a regional association with other international organizations, its participants and structures in the spheres established by EAEU statutes.

The 30-year journey of the constitutions in the post-soviet states after independence

One of the key factors of any production is labor resources. Labor resources, to a greater extent than other factors of production, determine the strategic success of an enterprise, are the basis for ensuring its competitiveness, and therefore must be in sufficient quantity, of appropriate quality, and effectively managed. At the same time, HR administration becomes important in the management of an en-terprise based on a comprehensive solution to personnel issues, the introduction of new and improvement of existing forms and methods of work with personnel of enterprises and organizations. And labor law regulates social relations arising in the field of labor; determines the grounds and procedure for the emergence, change, and termination of a person's right to labor; serves as an effective guarantee for a person in the protection and realization of his/her right to labor. The overall objec-tive of the study is to analyse the relevance of the HR profession and study global trends in HR management in order to understand possible changes in this area. The methodology of the latter is based on the general scientific dialectical method. Historical, logical-legal, logical-semantic, systemic, sociological, and comparative legal scientific methods were also used.

Labor law: Is the profession of HR manager a thing of the past?

One of the key factors of any production is labor resources. Labor resources, to a greater extent than other factors of production, determine the strategic success of an enterprise, are the basis for ensuring its competitiveness, and therefore must be in sufficient quantity, of appropriate quality, and effectively managed. At the same time, HR administration becomes important in the management of an en-terprise based on a comprehensive solution to personnel issues, the introduction of new and improvement of existing forms and methods of work with personnel of enterprises and organizations. And labor law regulates social relations arising in the field of labor; determines the grounds and procedure for the emergence, change, and termination of a person's right to labor; serves as an effective guarantee for a person in the protection and realization of his/her right to labor. The overall objec-tive of the study is to analyse the relevance of the HR profession and study global trends in HR management in order to understand possible changes in this area. The methodology of the latter is based on the general scientific dialectical method. Historical, logical-legal, logical-semantic, systemic, sociological, and comparative legal scientific methods were also used.

Limits of discretion of participants in civil relations in the conditions of martial law

This study is significant regardless of the widespread use of such a phenomenon as discretion in civil legal relations when resolving a particular issue. The focus is on the use of discretion by courts and citizens when they are using their rights and re-sponsibilities. With reference to the imposition of martial law, the need for legal regulation of this area is even greater, since the law provides advocating limitations on individuals' freedoms and rights and, accordingly, an increase in the scope of powers of public authorities. With a view to improving the application of discretion in civil legal relations both during and following the declaration of martial law, this study will address this issue and provide substantiated conclusions which could provide as a foundation for more study and improvement of legislation. Through-out the investigation, a variety of specialized techniques were employed, including the comparative legal method, the method of legal interpretation, systemic, and particularly sociological approaches, in addition to general scientific techniques of cognition like dialectic, analysis, synthesis, and analogy. All of these methods were used in a comprehensive combination to form a complex vision of the issue. That is why this study is aimed at improving the scope of application of discretion in civil legal relations both by individuals and the court while it is carrying out its legal duties.

Protecting children in criminal justice: a comparative analysis of legal frameworks and best practices

The article examines the evolution of criminal law protections for minors. Focusing on Central and Eastern Europe, with implications for Azerbaijan, it highlights the impact of historical trends, including the socialist era, on legal frameworks and policies for juvenile offenders and victims. Main purpose of the paper is to analyze the historical and modern mechanisms of protecting minors' rights within the criminal justice system, with an emphasis on aligning national practices with international legal standards. The object of the article is the system of criminal law protection for minors in Central and Eastern European countries, including Azerbaijan. The subject of the article is legal norms, historical trends, and practical measures influencing the protection of juvenile offenders and victims in the criminal justice system. Key findings include: 1. Historical and Ideological Influences: The Soviet era shaped a shared ideological approach to juvenile justice, emphasizing parental rights and educational methods. Political changes often necessitated stricter policies and revisions to address societal challenges. 2. International Legal Standards: Modern international norms have introduced alternative sanctions and public measures to improve juvenile justice systems, promoting alignment with best European practices. 3. Azerbaijan's Integration: As a former socialist state, Azerbaijan can benefit from examining shared historical trends while adhering to contemporary international legal standards to enhance minors' rights protections and integrate into the global legal community. The study employs comparative legal, historical legal, policy analysis, and case study methods to assess the effectiveness of legal frameworks and the practical application of juvenile rights protections.