Comparative Legal Method Research Articles

Современные модели конституционного правосудия и их отличительные черты

The object of study in the article is the current models of constitutional justice used in various jurisdictions. The author examines the models of constitutional justice that are currently used by constitutional justice in various regions of the world. The relevance of the article is determined by the fact that the study of this issue makes it possible to choose the optimal model that allows effectively solving issues of national rule-making. For the Republic of Kazakhstan, this problem is very important in light of the creation in the country of a new model of constitutional justice, which requires scientific understanding taking into account the accumulated world experience in organizing constitutional justice. The purpose of the article is to study modern models of constitutional justice from the point of view of their main differences, advantages and disadvantages. Methods. The peculiarity of the methodology used is determined by the goal of a comprehensive study of existing models of constitutional justice. In this regard, the diversity of approaches, methods and means of understanding this form of legal process required reliance on comprehensive and systematic approaches. Conducting a study of the constitutional jurisdictional process required, firstly, the use of general scientific and proper legal methods, including methods of analysis and synthesis, induction and deduction, abstraction and generalization. Also in this work, a comparative legal method was used, which made it possible to carry out a comparative analysis of the models under study, identify their main characteristics, on the basis of which to formulate appropriate conclusions. In addition, in the process of working on the article, a country-specific legal approach was used, which made it possible to consider the features of national models of constitutional justice. Results. It has been determined that in the world practice of constitutional control, various models of constitutional justice are known. Based on the results of the study, it was determined that currently the most promising is the centralized (European) model. The conducted research allows us to say that the existing models of constitutional justice have both their advantages and disadvantages, however, in our opinion, the presence of a separate body that carries out constitutional justice is more preferable, since it ensures its autonomy, independence and objectivity in making decisions. decisions by professional judges who have the appropriate qualifications, authority and experience in considering complex issues related to rulemaking.

Профессиональный преступный мир в первые годы утверждения советской власти: особенности детерминации и условия развития

At turning points in the history of the development of any state, the underworld is noticeably transformed. During periods of political destabilization, crisis phenomena in the socio-economic, cultural spheres of society, the crime situation in the country, as a rule, worsens. At the same time, during the collapse of the statehood foundations, the criminal world not only transforms, but changes the vector of its development. Such a period in the history of Russia was the revolutionary events of 1917 and the civil war – a time of radical breakdown of all state institutions, socio-economic and spiritual-moral foundations, which became the starting point for the formation and development of a monolithic and well-organized professional Soviet underworld. The purpose of the study is to analyze the features of determination and conditions for the development of professional crime in the first years of the establishment of Soviet power. To achieve this goal, the following tasks are being solved: to study the features of the development of the domestic professional underworld in the conditions of political instability of the 1917–1920s; determine the essence of the ideological confrontation between representatives of the “tsarist” criminal world and the “new” Soviet one in the first years of the establishment of Soviet power; identify the determinants of the development of professional crime in Russia during the period under study. In the process of work, the method of synthesis, analysis, generalization, and comparative legal method are used. It is proven that against the backdrop of pronounced political instability of the 1917–1920s, which led to a crisis of traditional legal consciousness, erosion of spiritual, moral and religious values, deterioration of the socio-economic situation of the majority of the population, there was a sharp aggravation of the crime situation and, as a result, especially the active development of professional crime, which during the period under study created a real threat not only to society, but also to the national security of the state.

Правовое обеспечение финансового суверенитета Российской Федерации в эпоху глобальных перемен

The article examines the issues of the formation of a modern legal model of financial relations aimed at strengthening the financial sovereignty of the state. Based on the analysis of financial legislation, law enforcement practice and legal doctrine, the author comes to the conclusion that it is necessary to carry out administrative reform aimed at integrating the Bank of Russia with the tasks of the Government of the Russian Federation to achieve the goals of sustainable economic development of the state. According to the author, the relations developing in the sphere of functioning of the financial system do not fit into the sectoral model of law. The use of general logical research methods, including analysis and synthesis, formal legal and comparative legal methods allowed the author to come to the following conclusions. 1. The formation of a modern model of financial and legal regulation, ensuring the strengthening of the financial sovereignty of the Russian Federation, should be based on administrative reform that creates conditions for the integration of the Bank of Russia with the tasks of the Government of the Russian Federation to achieve the goals of sustainable economic development of the state. 2. A balance between the tasks of the Government of the Russian Federation to achieve economic development goals and the goals of inflation targeting carried out by the Bank of Russia can be found through work to harmonize monetary and fiscal policy instruments - these two principles of managing the financial and credit mechanism. 3. In order to create a legal model of monetary circulation that prevents the withdrawal of capital and the legalization of proceeds from crime, it is necessary to carry out work to harmonize private law and public law methods of regulating financial relations. This will create the basis for the integration of legal instruments regulating the circulation of funds currently covered by different legal regimes.

Some ways of countering fraud committed using digital payments according to the legislation of Russia and China

The relevance of the study is due to the increase in crimes on funds operating in non-cash form. In the future, the development of the digital economy will be associated with an increase in such risks. In this regard, the authors have made a comparison of the Russian and Chinese experience of their minimization. In both countries, there is a steady increase in the number of thefts committed using illegal access to digital payment systems. At the same time, criminal law norms designed to counteract fraudulent actions have certain drawbacks. The judicial interpretation of these norms is also ambiguous. In conditions of limited functioning of international payment systems, theft of non-cash funds can be committed in new ways. In the future, non-cash payments will increase in volume, so it is necessary to improve the security of their conduct. The authors used a comparative legal method, as well as analysis and synthesis, which made it possible to give the study a complete character. The article summarizes the Russian and Chinese experience in countering the theft of funds deposited in non-cash form. Since the share of non-cash payments in Russia and China is significant, not only economic entities, but also citizens are involved in their turnover. The latter, not having financial literacy, can become victims of fraudsters. The state policy regarding the regulation of non-cash payments is built in the direction of establishing control over the functioning of electronic platforms. However, this does not seem to be sufficient, since it does not reduce financial risks. The criminal legal field remains virtually the only lever to counteract this type of theft. At the same time, the structure of the criminal law prohibition does not reflect the nature and degree of public danger of fraudulent actions and does not clearly distinguish them from secret theft.

ПРАВО ПРАЦІВНИКА НА ПРОСУВАННЯ ПО РОБОТІ ВІДПОВІДНО ДО НАЦІОНАЛЬНОГО ЗАКОНОДАВСТВА ПРО ПРАЦЮ

Background. The relations that constitute the subject matter of labour law are distinguished by their rather broad scope. After all, along with the labour relationship itself, there are relations related to recruitment, collective bargaining, vocational training, labour disputes, etc. In this case, the implementation of relations related to job promotion is of particular interest. This category is actually at the intersection of legal regulation of pre-employment relations and employment relationship itself. Such ambiguity underlines the relevance of studying the issues of job promotion, which is important for both parties to employment relationship – an employee and an employer. The purpose of this research is to clarify the peculiarities of legal regulation of job promotion, its place in labour law, and its proper practical implementation. Methods. In the course of preparation of the article, the author applied dialectical, comparative legal, formal and logical and other methods of research. With the help of the dialectical method, in particular, the author identifies the specific features of legal regulation of job promotion. The comparative legal method allowed for a comparative legal study of the provisions of national and international legislation governing the issues of job promotion. The formal logical method was used to identify the shortcomings of legal regulation of job promotion and to correlate this category with the employer's right to make a free choice among candidates for a vacant position. Results. If there is a vacant position, the employer has the right to freely choose among candidates for the position, which is expressly provided for in Article 22 of the Labour Code of Ukraine. This can be either a person who is not employed by the employer or an employee who already holds a certain, usually lower, position. In labour law, an employer's choice of a candidate for a vacant position directly from the staff is associated with such a category as job promotion. Labour legislation does not define job promotion, focusing mainly on the employee's right to such promotion. The provision of Article 145 of the Labour Code of Ukraine should not be considered as an absolute obligation of the employer to provide an employee with a promotion if the latter successfully and conscientiously performs their job function. In this case, the employee's right to be promoted depends on the following factors: a) the employer has a vacant position; b) there is a causal correlation between the employee's successful and efficient performance of the job function and the requirements for the job duties of the vacant position; c) clear and transparent procedures for employee evaluation and promotion are in place. Conclusions. Fair, accessible and inclusive job promotion procedures will ensure the effective exercise of the employee's right to such promotion, as well as its harmonious correlation with the employer's right to make a free choice among candidates for a vacant position. In particular, the employer will have a fairly detailed idea of the existing potential of employees, and the latter will not feel distrustful of the employer's actions and disappointed in future professional activities. When developing promotion procedures, which may be established at the level of a collective agreement or a relevant special local regulatory act of the employer, it is important to: a) focus on the need to involve the primary trade union organisation, and in its absence – a representative freely chosen by employees, in the implementation of employee evaluation and promotion procedures; b) defining clear and transparent criteria for eligibility for promotion; c) moving away from one-person decision-making on job promotions towards the establishment of appropriate collegial bodies; d) properly informing employees about the existing procedures for evaluating their performance that affect their further promotion.

Свобода договора и ее пределы в цифровой среде

Introduction: various actions in online space (for example, pressing a button or continuing to view a website) can have legal consequences predetermined by the rules of information systems with which the subject works. Potentially, his or her rights may be significantly violated by such rules. In cases where it is necessary to protect the rights of citizens and legal entities in digital environment, it seems that many issues can be effectively solved through the application of the doctrine of freedom of contract and its limits to relations arising in online space. We can solve many of the problems that are currently being discussed in relation to digital law using the institution of restriction of contractual freedom in certain cases (where there is a need to protect interests of the weak party to a contract, interests of third parties, public interests, etc.). The purpose of the study is to shape an understanding of the concept of freedom of contract as applied to relations connected with the use of digital technologies; to propose a system of criteria to be used when establishing restrictions on contractual freedom for such situations. Methods: empirical methods of comparison and description; theoretical methods of formal and dialectical logic; specific scientific methods: legal dogmatic method, comparative legal method, and the method of legal norms interpretation. Results: the principle of freedom of contract in general and the universally recognized mechanisms for its limitation remain an effective and necessary tool for regulating relations in digital environment, even if such relations have unique technical features (as is the case with smart contracts or blockchain technology). Conclusions: the transparency criterion is the basis for understanding all aspects of the limitations considered in the article. We should presume unlimited freedom of contract where the procedure for concluding and executing contracts, the content of public offers, the possible mechanisms for cancellation and termination of contractual relations are open, and also where there are no doubts concerning the application of antimonopoly legislation.

КРИТЕРИИ ОЦЕНКИ КАЧЕСТВА И ПЕРСПЕКТИВЫ ВНЕДРЕНИЯ ПРОАКТИВНЫХ ГОСУДАРСТВЕННЫХ УСЛУГ

The paper considers how the state’s success in delivering public services can be evaluated in a new proactive mode. This new format implies the provision of services based on data from the agencies, without officials’ participation, by automated algorithms. Such changes require the development of completely new competencies in public bodies, from technical to legal. The success of implementation should be confirmed by regular monitoring based on the evaluation of such implementation and the quality of proactive public services. The goal of our work is to develop a methodological approach to the assessment of implementation and quality of proactive public services. In order to achieve this goal a set of methods was used: methods of expert analysis, formal legal, historical legal and comparative legal methods. The results of the research were the development of the concept and definition of the main directions for realization of the public services proactive mode, their classification and our own approach to the development of a methodology for assessing the implementation and quality of proactive public services. The current research is a pioneering independent study of the proactive mode of public services in the context of the President’s instructions and program documents implementation.

The concept of corporate conflict and alternative ways to resolve it in the Asia-Pacific countries

The subject of this study is the concept of "corporate conflict", its problematic aspects when defining, signs, as well as alternative ways to resolve such conflicts in different countries of the Asia-Pacific region. The author examines many diverse approaches to the concept of "corporate conflict", based on the opinion of scientists from the Asia-Pacific region and draws conclusions based on the selected literature. The author also examines in detail alternative ways of dealing with corporate conflicts in such Asia-Pacific countries as the USA, China, Japan. The author highlights the types of alternative dispute resolution unknown to the legislation of the Russian Federation, such as mini-trial, common in the United States, and formal commercial mediation used in the PRC. Attention is also paid to alternative dispute resolution methods such as mediation, arbitration, ombudsman and the combination of mediation and arbitration. The author uses such scientific research methods as description, analysis, synthesis, comparative legal method, sociological method. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative mechanisms for resolving corporate disputes in the law of the countries of the Asia-Pacific region. The author also identifies the signs and features of the concept of "alternative conflict" based on the research of a group of scientists from different countries and gives his own definition of this term, which is the most complete, and, in the author's opinion, takes into account all the features of this concept. The conducted research can help entrepreneurs understand the possibilities of out-of-court dispute resolution when doing business in the countries of the Asia-Pacific Region, and can also contribute to the scientific community to evaluate special types of alternative dispute resolution methods and consider the possibility of applying these methods in practice in the Russian Federation.

Customs monitoring experiment: administrative and legal characteristics

The purpose of the work is an administrative and legal analysis of customs monitoring, an experiment on which has been launched since April 3, 2023. The subject of the study is the institute of customs monitoring, which has an administrative and legal nature and acts as a measure ensuring customs control. The author highlights the features of the regulatory regulation of customs monitoring, conducted a comparative legal analysis of customs monitoring with other types of monitoring, in particular with tax monitoring. The paper identifies the time and subject limits of customs monitoring, gives a description of its information support Formal legal and comparative legal methods, the method of system analysis and analysis of normative legal acts were used as research methods. The result of the work was the analysis of the regulatory framework of the Institute of customs monitoring, the characteristics of its evolution, the allocation of influence on the regulation of customs monitoring of legislation on state control (supervision), tax legislation. The characteristics of the information support of customs monitoring by the customs authorities and the participants of the experiment are given, the circle of participants and the period of the experiment are determined, as well as the frequency of collecting information for customs monitoring. A special contribution of the author to the study of the topic is the positioning of customs monitoring as a measure ensuring customs control and aimed at solving fiscal problems of the state. Noteworthy is the conclusion about the incompleteness of administrative and legal regulation of the institute of customs monitoring, the limitations of its use.

ՕՊԵՐԱՏԻՎ-ՀԵՏԱԽՈՒԶԱԿԱՆ ԳՈՐԾՈՒՆԵՈՒԹՅՈՒՆԸ ԿԱՐԳԱՎՈՐՈՂ ՆՈՐՄԵՐԻ ԸՆԿԱԼՄԱՆ ԵՎ ՄԵԿՆԱԲԱՆՄԱՆ ՈՐՈՇ ՀԻՄՆԱԽՆԴԻՐՆԵՐ / SOME PROBLEMS OF UNDERSTANDING AND INTERPRETING THE NORMS GOVERNING OPERATIONAL INVESTIGATIVE ACTIVITIES

The purpose of the given article is to contribute to the formation of a unified practice in relation to certain issues raised in the article․ Problems such as filing a request for operational investigative activities only on the basis of operational data, destruction of data obtained as a result of operational investigative activities were analyzed․ The issue of the subject appropriate for submitting a petition for the implementation of operational investigative activities was also discussed. The research was conducted using methods of synthesis, induction, deduction, as well as formal logical, comparative legal methods․ In the article we stated that the submission of a petition only on the basis of operational data, is unacceptable, but we should also take into account the lack of tools at this stage: regarding the problem of the subject submitting the petition, we found that the head of the regional Department of the National Security Council of the Republic of Armenia can also make a corresponding petition․ Regarding the destruction of data obtained as a result of operational investigative activities, we found that an addition needs to be made to the law "On Confiscation of Property of Illegal Origin"․ We also touched upon the emerging problem related to the methods of conducting operational "investigative measures" appearance․

АКТУАЛЬНЫЕ ПРОБЛЕМЫ ИНСТИТУТА ЗАЩИТЫ ЧЕСТИ, ДОСТОИНСТВА И ДЕЛОВОЙ РЕПУТАЦИИ В КОНТЕКСТЕ ДЕЯТЕЛЬНОСТИ МЕДИЦИНСКИХ ОРГАНИЗАЦИЙ

The purpose of the study: The study is aimed at analyzing the institute for the protection of honor, dignity and business reputation in the context of the activities of medical organizations. Special attention is paid to the adaptation of existing legal mechanisms to the conditions of the information society and the specifics of the medical field, taking into account its social significance and publicity. Research objectives: Study of the regulatory framework and judicial practice related to the protection of intangible benefits in the medical field. Analysis of the specifics of the application of legal mechanisms in the context of medical organizations and their employees. Research on the role of forensic expertise and linguistic experts in proving the dissemination of defamatory information on the Internet. Methods: The study used general scientific methods such as analysis and synthesis, which were used to study the regulatory framework and scientific literature, which made it possible to identify key aspects of protecting honor, dignity and business reputation in the medical field. Induction and deduction contributed to the generalization of data on law enforcement practice and the formulation of conclusions about the specifics of the protection of intangible benefits in medical activities. The comparative legal method was used to compare various legal protection mechanisms both at the national and international levels. Results: The study revealed that the protection of honor, dignity and business reputation is critically important in the context of information technology development and globalization. In the medical field, reputation plays a key role in the formation of trusting relationships between patients and medical institutions, affecting the quality of medical care and the health of patients. The work also highlights the importance of improving legal protection mechanisms in the context of digitalization. The author's conclusions: The protection of honor, dignity and business reputation in the medical field is important to maintain the stability of civil relations and trust between patients and medical institutions. Forensic expertise and linguistic experts play an important role in defamation cases, and their qualifications require improvement. Medical ethics and respect for the honor and dignity of the patient should be integrated into the professional activities of doctors. It is important to find a balance between the right of patients to freedom of expression and the right of medical organizations to protect their reputation.

The Investigator Is a Participant in the Process on the Side of the Prosecution: Evil or Good?

Classifying the investigator as a participant in the process on the part of the prosecution does not relieve him, as a representative of the state, of the obligation to comprehensively, fully and objectively investigate the circumstances of the case, and based on the results of the investigation, formulate and substantiate the charge, which is subsequently sent by the prosecutor to the court, or abandon criminal prosecution and terminate the proceedings in a criminal case. The presence or absence in the law of a special rule on a comprehensive, complete and objective study of the circumstances of a criminal case does not play a decisive role in determining the quality of the investigator's evidentiary work — when sending the charge to the prosecutor and to the court, the investigator is obliged to refute the arguments of the defense with reason and eliminate doubts about the guilt of the accused by virtue of the presumption innocence, enshrined in Article 14 of the Code of Criminal Procedure of the Russian Federation. Otherwise, the accusation formulated and substantiated by the investigator will not be supported by the prosecutor or will not stand the test of the adversarial procedures of the trial. There is no fatal contradiction between a comprehensive, complete and objective investigation of the circumstances of a criminal case and the implementation of criminal prosecution on behalf of the state. Purpose of the study: to prove that it is more productive for solving theoretical and practical problems of pre-trial proceedings in criminal cases not to assign to the investigator the status of an objective researcher neutral in relation to the parties of the prosecution and defense, but, on the contrary, to recognize the investigator as a participant in the process on the part of the prosecution. Such recognition is associated with the creation and maintenance of a number of procedural mechanisms that make it possible to compensate for the actual inequality of the parties in pre-trial proceedings. The main research method is system-structural analysis and synthesis; logical and special legal and comparative legal methods are also used. Based on the results of the study, conclusions were formulated about the positive significance of the legislative inclusion of the investigator as a participant in the process on the part of the prosecution, which, on the one hand, does not relieve him of the obligation to comprehensively, fully and objectively investigate the circumstances of the criminal case, and on the other hand, requires the legislator to legally the state imposes additional responsibilities on the ruling entity to ensure the implementation of the rights of the defense party and the creation of special procedural mechanisms that compensate for the legal and factual inequality of the parties in pretrial proceedings.

ИСКУССТВЕННЫЙ ИНТЕЛЛЕКТ И ЦИФРОВЫЕ ТЕХНОЛОГИИ КАК ФАКТОРЫ ФОРМИРОВАНИЯ НОВОГО ПОКОЛЕНИЯ ПРАВ ЧЕЛОВЕКА И ГРАЖДАНИНА: ТЕОРЕТИКО-ПРАВОВОЙ АНАЛИЗ

This article is devoted to the study of the possibilities of artificial intelligence in the field of ensuring and protecting human rights and freedoms. The main threats and risks of digitalization arising in the process of protecting human rights and freedoms are considered. In particular, the rights to Internet access, privacy rights, rights to personal data protection, etc. The available possibilities of using artificial intelligence in the field of human rights protection are analyzed and possible ways of their development are determined. Within the framework of this article, it is proposed to consider digital rights as a new generation of human rights that needs theoretical and legal construction and constitutional legal consolidation. Accordingly, the authors of this article aim to analyze the legal structure of «digital rights» in the public legal dimension in the context of the influence of artificial intelligence and digital technologies on them. The methodological basis consists of formal legal, systemic and comparative legal methods. The axiological approach used by the authors is of great importance for the analysis of the current state of the legal status of a person and the prospects for its improvement in the conditions of digital reality. The analysis of a significant array of international legal documents and Russian normative legal acts allows the authors to substantiate the emergence of a new category of human and civil rights - digital, in need of constitutional and legal consolidation.

Current trends in the development of the Intellectual Property Law

This article examines the prospects for the development of intellectual property law in national jurisdictions (Russian Federation, Republic of Indonesia, Federative Republic of Brazil, African countries and others), as well as the place of intellectual property in the system of the UN Sustainable Development Goals. The main areas of activity of the World Intellectual Property Organization in the context of achieving these goals, the results of the implementation and use of digital systems and artificial intelligence in the field of intellectual property in national jurisdictions (for example, automation of patent application processes, of document evaluation, of sending documents to the applicant) are analyzed, also the results of the implementation and application of the process of accelerated examination of “green” patents in a number of countries, including the Russian Federation. During the study, general scientific methods were used: analysis, synthesis, logical method, generalization, as well as a special legal method and a comparative legal method. The author came to the conclusion that the introduction of artificial intelligence and digital platforms into the activities of organizations in the field of intellectual property significantly speeds up and simplifies the entire process from filing a patent application to issuing a patent; it is necessary to create a unified database of “green” patents and carry out comprehensive work to popularize activities in the field of environmental inventions, since currently the search for “green” patents issued in Russia is difficult, and in general, environmental inventions in Russia account for only 1% of the total number of inventions; it is necessary to develop interstate cooperation in the field of intellectual property and develop joint projects, since the problems that need to be solved in the process of achieving Sustainable Development Goals are global in nature.

Legal Problems of Notarial Proceedings in the Modern World

The present study is aimed at considering topical international legal problems related to notarial proceedings on the territory of Russia and foreign countries, including within the framework of the EAEU. This article deals with some modern actual international legal problems of notarial proceedings in private international law.Aim . Find ways to solve certain topical problems of notarial proceedings in private international law, in particular, the use of electronic documents issued outside the territory of the Russian Federation and the performance of notarial acts in connection with the introduction of economic measures in the context of sanctions against the Russian Federation.Tasks. Outline the essence and depth of certain topical problems of modern notarial proceedings in private international law, in particular, the use of electronic documents issued outside the territory of the Russian Federation and the performance of notarial acts in connection with the introduction of economic measures in the context of sanctions against the Russian Federation; formulate conclusions and suggestions on the specified research topic.Methods. The methodological basis of this study was the method of analysis and synthesis, the analytical method, the comparative legal method, the system-structural method, and some others.Results . During the study, the authors concluded that notary activity with a foreign element is a complex and responsible process that requires not only a high level of professionalism and competence from a notary public, but also the ability to work with clients from different countries, as well as with other specialists, in order to ensure the correct and accurate execution of documents. It is important to understand that each case can be unique, and a notary must be prepared to adapt to different situations and provide effective problem solving for his clients. However, a properly organized and professionally executed notarial activity with a foreign element can be an important step towards a successful international transaction or legal procedure.Conclusions . If we turn to modern problems of notarial proceedings in private international law, we can conclude that notarial proceedings in the Russian Federation were significantly affected by the global pandemic and the imposed sanctions conditions, which made it difficult or impossible to provide paper documents necessary for notarial acts. We believe that the transition to electronic document management will have a positive impact on international cooperation and will facilitate the performance of notarial acts. As a solution to the problem, we proposed the conclusion of an international treaty regulating electronic document management, in which it would be possible to establish the possibility of accepting international electronic documents.

РІШЕННЯ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ В КОНТЕКСТІ КОМПЕНСАЦІЇ ШКОДИ, ЗАПОДІЯНОЇ ВОЄННОЮ АГРЕСІЄЮ

Background. The article addresses the study of the practice of the ECtHR in the context of compensation for damage caused by military aggression, which is important for determining the future strategy of Ukraine in the process of ensuring compensation for the damage caused. Methods. Formal-dogmatic, systematic and comparative-legal methods were used in the research, the basis of the research was the method of systemic analysis. Results. Some decisions of the ECHR based on the statements of victims in the Turkish-Cypriot, russian-Georgian confrontations were analyzed and the effectiveness of such method of protection as an appeal to the ECHR for compensation for damage caused by military aggression was determined. The possibility of Ukraine and other affected individuals and legal entities applying to the ECHR, taking into account the exclusion of the russian Federation from the Council of Europe on September 16, 2022, was assessed. A review and analysis of 40 decisions of the ECtHR related to military aggression was carried out, which is the basis for building the position of the injured party when applying for the protection of violated rights, since after the end of the war the most urgent issue will be the reconstruction of infrastructure, compensation for family members of the dead, wounded, prisoners of war, and other afflicted victims morally or physically together with financing the further development of Ukraine. The methods of influencing the Cabinet of Ministers of the Council of Europe on the respondent country in order to ensure the implementation of ECtHR decisions are analyzed. Possible options for the development of the events after the satisfaction of the complaints of victims of the russian-Ukrainian war are described. Conclusions. A logical summary of the analyzed topic about two possible ways of obtaining fair and real compensation for damage caused by the military aggression of the russian federation was formed and revealed: voluntary and forced.

Міжнародні офіційні документи як джерело для вдосконалення внутрішнього забезпечення якості у вищих військових навчальних закладах

Background. In the current landscape marked by russia's armed aggression, Ukraine's higher military educational institutions continue to fortify their internal quality assurance systems. The enhancement of these systems is impossible without taking into account the best world practices and achievements in this area, notably gleaned from international official documents. This study aims to formulate proposals for improving internal quality assurance in military higher educational institutions of Ukraine, taking into account the provisions of international documents. Methods. The source base of the study is formed by documents of international organizations on quality assurance in the field of higher education, and international agreements of Ukraine on cooperation in the field of training military specialists. Dialectical, historical, comparative-legal methods are used to track the transformation of views on solving the problems of internal quality assurance in higher education institutions; systemstructural, formal-logical methods – to determine the provisions that should be taken into account in the process of improving internal quality assurance in military higher educational institutions of Ukraine; methods of analysis, generalization and synthesis – for the development of proposals. Results. Summarized and systematized international official documents (agreements, protocols, conventions, recommendations, standards, declarations, communiqués, messages, charters) are classified into three categories: documents that define national policies to encourage higher education institutions to implement internal quality assurance systems; documents that provide methodological assistance in the formation of internal quality assurance systems; documents on cooperation in the field of training military specialists. The provisions that should be taken into account in the process of improving internal quality assurance in Ukraine's military higher educational institutions have been determined. Proposals for the implementation of these provisions in domestic regulations have been developed. Conclusions. This study's outcomes develop the ideas of other researchers on the expediency of taking into account the Standards and Recommendations for Quality Assurance in the European Higher Education Area, alongside NATO Quality Standards by Ukraine's military higher educational institutions in the process of improving internal quality assurance.

Уголовно-правовая характеристика и проблемы исполнения уголовного наказания в виде обязательных работ

The article, according to the Judicial Department of the Supreme Court of the Russian Federation, provides an analysis of judicial practice in the appointment and execution of criminal punishment in the form of compulsory labor. The problematic issues of the execution of this type of punishment are currently being considered. Special attention is paid to the consideration of problems related to the malicious evasion of convicts from serving their sentences in the form of compulsory labor. The essence of the punishment under study is analyzed. The subject of the study was statistical data on compulsory work and legal literature on the issues of considering the problems of the practice of assigning and executing this criminal punishment. Purpose. The purpose of the study is to highlight the Russian practice of imposing and executing punishment in the form of compulsory labor, identifying problems and finding ways to solve them. The conclusions formulated in the article will make it possible to increase the effectiveness of the activities of criminal enforcement inspections for the execution of this criminal punishment, and will also serve as a source material for subsequent research in the field of the execution of criminal penalties without isolating convicts from society. Methodology. The goal was achieved using dialectical methods of scientific cognition of both general and private scientific research methods: formal legal, comparative legal, descriptive, functional and scientific analysis method. Results. The analysis of statistical data, theoretical and practical problems of criminal law norms regulating the appointment and execution of compulsory work, allowed us to focus on a wide range of problems both in the criminal law sphere and in the relationship of other normative legal acts with criminal and penal enforcement legislation on the regulation of compulsory work. The materials of the article will be of interest to both scientists and practitioners dealing with the problems of execution of alternative types of punishment.

Российские университеты как источники инноваций: теоретико-правовые аспекты

The subject of the research is the legal regulation of innovations in the activities of universities. The purpose of the work is to establish the theoretical and legal foundations of innovations implemented at universities. The article highlights the signs of innovation as a legal category. The stages, forms and levels of legal regulation of innovations in Russia are determined. Based on the analysis of scientific literature and legislation, the place of universities in innovation processes is presented. Several approaches to substantiating the role of universities in innovative development, including the concept of entrepreneurial ecosystems and the "triple helix" model, have been identified through the use of methods of system analysis, synthesis, classification, comparative legal and formal legal methods. Based on the analysis of the legal regulation of innovations and innovative activities of universities, conclusions are drawn about the complexity of the legal institute of innovation, including private and public legal mechanisms; the variability of the positioning of universities within the framework of entrepreneurial, educational and scientific ecosystems and the innovation system; the leading role of universities in the formation and development of the innovative potential of the territory; the importance of universities as sources of innovation. Attention is drawn to the specifics of the legal regulation of innovation activity in Russia, as well as to the features of innovation activity of Russian universities. The problems in the development of the innovative potential of Russian universities are highlighted, and proposals for their solution are formulated, taking into account the currently existing indicators of the Priority 2030 program. The conclusion is made about the need to develop the innovative activity of Russian universities and increase their role in the formation of the innovative potential of territories, including through the optimization of comprehensive legal regulation of innovation activities.

ԸՆԴԵՐՔՕԳՏԱԳՈՐԾՄԱՆ ՀԱՐԱԲԵՐՈՒԹՅՈՒՆՆԵՐԻ ԻՐԱՎԱԿԱՆ ԿԱՐԳԱՎՈՐՄԱՆ ՈՐՈՇ ԱՌԱՆՁՆԱՀԱՏԿՈՒԹՅՈՒՆՆԵՐ / SOME FEATURES OF LEGAL REGULATION OF SUBSOIL USE

The purpose of this article is to study and analyze the place of subsoil use law in the legal system of the Republic of Armenia, the features of legal regulation of subsoil use relations and the composition of main subjects of subsoil use relations. The relevance of the study is due to the fact that the legislation regulating the sphere of subsoil use law in the Republic of Armenia needs systemic reforms, as evidenced by the adoption by the Government of The Mineral Sector Development Strategy of Armenia. Despite this, a systematic and comprehensive study of the legal nature of relations in the field of subsoil use has not been conducted in the domestic literature to date: only certain issues of a private nature in this area have been studied. In the course of the study, the task was set to study and analyze the history of the development of subsoil use law in various legal systems, the place of subsoil use law in the legal system of the Republic of Armenia, the specifics of regulation and the composition of subjects involved in subsoil use relations. This work's methodological basis consists of general scientific (analysis, synthesis, deduction) and special (dogmatic, comparative legal) methods. Based on the research conducted within the framework of this work, the author concluded that the subsoil use law is an independent branch of the RA legal system, and the RA Subsoil Code is subject to reforms in terms of sectoral principles guaranteeing the protection of the interests of the subsoil user and legal norms ensuring their application. Additionally, the community should be considered as a subject of subsoil use law.