Legal Construction Research Articles

On the legal response to the consequences of personal behavior in virtual space

The article deals with a new phenomenon for the legal science the legal response to the consequences of human behavior in the virtual space.The subject of the research is the relations arising in the process of such response.The aim of the study is to analyze the legal response to the consequences of personal behavior in virtual space, including in the Russian Federation.The methodological basis of the study are logical and systematic methods of scientific knowledge, as well as methods of analysis and synthesis of legal phenomenaForeign and domestic experience of legal response to the consequences of human behavior in virtual space is studied.The peculiarities of legal response from the point of view of consequences for the person for malicious actions in virtual space, connected with leaving a digital footprint, are analyzed. Particular attention is paid to such characteristic of virtual space as the possibility of using its properties to implement the interest of the user, as well as consideration of virtual space through the prism of legal construction and digital sovereignty. It is stated that the legal construction, characterizing the essence of legal response to the consequences of behavior of an individual in the virtual space, should have the following meaning – "if there are harmful actions associated with the use of virtual space, it is necessary to provide a form of legal response, neutralizing such actions, otherwise the network functioning and use of electronic information resources will be accompanied by socially dangerous manifestations". At the same time the legal response to the relevant relations is considered through the prism of law enforcement results – conclusions are made about the peculiarities of such a response. Attention is focused on the peculiarities of legal response to the consequences of actions of an individual in virtual space in Russia and in China. It is noted that at the national level there is currently no universal model of legal response mechanism to the consequences of a person's actions in virtual space. It is concluded that this problem has a multidimensional nature, which is largely determined by the level of legal awareness of network users. Particular attention is paid to the need to use the potential of techniques and methods of special legal, social and psychological mechanism of law, which are considered to be an important factor in the development of law enforcement practice. The research shows that unlawful behavior in the virtual environment is closely related to various types of deviant behavior related to the use of Internet, which from the category of violating non-legal social norms (primarily, morality and ethics) turns into unlawful behavior, as it violates the requirements of law. Attention is drawn to the fact that at the national level there is currently no universal model of legal response to the consequences of human behavior in virtual space – each state goes its own way, the legal impact is often exposed to those relations which are recognized as the most important and relevant at the moment. Such a response, as a rule, is situational, often pursuing several goals (political, economic, ideological). Further study of the problem involves the need to develop a system of theoretical ideas about the forms of legal responsibility for the negative consequences of behavior in such a space.

Measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility

The article deals with the measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility.
 In the opinion of the author, such measures of a criminal legal nature are beyond the scope of criminal responsibility, such as: exemption from criminal responsibility; restrictive measures applied to persons who have committed domestic violence; coercive measures of a medical nature; coercive educational measures; forced treatment; special confiscation; measures of a criminal legal nature against legal entities.
 Attention is focused on the fact that clarifying the specifics of the application of some of these measures is directly related to the implementation of the norms of the Criminal Code of Ukraine, which provide criminal legal protection of pharmaceutical activity in Ukraine. After all, the relevant norms of the Special Part of the Criminal Code of Ukraine provide for special types of exemption from criminal responsibility (Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine), and the definition of the concept of special confiscation in Part 1 of Art. 96-1 of the Criminal Code of Ukraine directly includes its application for certain types of the mentioned criminal offences.
 The article considers the specifics of the application of special confiscation (in particular, for such types of criminal offences that encroach on pharmaceutical activity and are provided for in Parts 2-5 of Art. 134, Art. 138, 142, 305, 306-308, Parts 2, 3 of Art. 309, Art. 312, 314-317, 320, 321, 321-1, 321-2, 322, Parts 2-4 of Art. 323, 324 f the Criminal Code of Ukraine).
 The author paid special attention to the specific content of the prerequisites and grounds in the legal constructions of special types of exemption from criminal responsibility provided for in Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine.
 The author substantiates the relevance of the application of criminal-legal measures against a legal entity for the commission by an authorized entity of a legal entity on behalf and in the interests of this legal entity of criminal offenses provided for in Art. 142, 306, 307, 311, 312, 320, 321, 321-1, 321-2, 322 of the Criminal Code of Ukraine.

Features of compensation and types of moral damages in Italy

In this article, an analysis of the norms of the current Italian legislation, which determines the grounds and procedure for compensation of moral damage, is carried out for the completeness of the regulation of social relations arising from the reasons for compensation of moral damage, as well as some problems that arise in judicial practice in the compensation of moral damage are considered. Taking this into account, the concept of moral damage was considered and its relationship with types of damage was analyzed, the procedure for applying various regulatory acts, the mechanism for regulating the compensation of moral damage, shortcomings and opportunities for improvement of this mechanism were analyzed; the available criteria for determining the amount of monetary compensation, the composition of persons who have the right to demand the protection of violated civil rights through compensation are evaluated.
 The subject of research in this article is the consideration of the causes of the emergence of the legal construction of compensation for moral damage, the study of the evolution of the mechanism of legal regulation of compensation for moral damage in Italy. The relevance of the study is due to the importance of studying the peculiarities of the regulation of the civil legal mechanism of the institution of compensation for moral damage and the need to systematize views on the understanding of the development of the mechanism of legal regulation of the institution of compensation. It is also necessary to note the importance of conducting a comparative analysis of moral damage compensation as a way of protecting civil rights. Several formulations of the concept of moral damage are named, a lot of attention is paid to the problems of defining this concept, conditions of responsibility for causing damage.
 The author notes that the experience of compensating moral damages in Italy can be useful to take into account when developing the legal regulation of Ukraine. The principle of compensation for moral damage reflects the recognition of the fact that the violation of rights can cause not only material damage, but also damage to the psychological well-being and dignity of the victim. Italian law allows persons who have suffered non- pecuniary damage to seek compensation from the person who caused such damage. Compensation for moral damage includes not only financial compensation, but also recognition of the violation of rights and public correction.
 Ukraine also has legislation regulating the compensation of moral damages, but the positive experience of Italy can be taken into account for its further improvement. For example, a possible perspective is the expansion of the categories of cases when compensation can be provided, as well as the clarification of the criteria for determining the amount of compensation. However, before implementing any changes in Ukrainian legislation, it is important to carefully study and adapt Italy's experience to the specific needs and peculiarities of Ukrainian society and the legal system. It is also necessary to ensure a high level of protection of the rights of persons who have suffered moral damage, and to ensure the implementation of compensation claims in a practical way.

Construction of Criminal Policies for Handling Football Riots in the Kanjuruhan Tragedy

Even though conflicts between supporters caused the majority of the riots, other factors were no less important. Specifically, those related to the organization of football matches that were not yet professional could not guarantee security or order. The incident at Kanjuruhan Stadium serves as a significant reminder that hosting football matches without prioritizing proper safety measures and collaborative procedures will undoubtedly fail to promote fair competition in line with the principles of organizing sporting events that uphold sportsmanship, fair play, and respect. This paper is compiled through normative research by prioritizing secondary data that focuses on statutory and case approach, which are collected and analyzed descriptively and qualitatively. The results shows that the legal construction used in carrying out security by the Police in the Kanjuruhan Tragedy refers to the Regulation of the Chief of Police of the Republic of Indonesia Number 1 of 2009 on the Use of Force in Police Action while after the Kanjuruhan Tragedy, the Police compiled a new legal construction, the Republic of Indonesia National Police Regulation Indonesia Number 10 of 2022 on Security for the Implementation of Sports Competitions which can be used specifically in securing the implementation of football in Indonesia

Enhancing the Rights of Protection-Seeking Migrants through the Global Compact for Migration: The Case of EU Asylum Policy

Abstract This article argues that the Global Compact for Safe, Orderly and Regular Migration (GCM) is not only a breakthrough for a rights-based approach in international migration governance but also an asset to the international protection system. By way of example, three key issues of the European Union’s (EU) Common European Asylum System are discussed: access to protection, reception conditions, and detention. These examples illustrate that faithfully implementing the Migration Compact would require the EU and its Member States to make significant changes in their asylum policy. The parallel emergence of the Global Compact on Refugees (GCR) may suggest otherwise – namely, that the GCM is not relevant for refugees and other protection-seeking migrants. However, the legal construction that best serves the object and purpose of both documents is the assumption that the two Compacts have an overlapping scope of application. The GCM addresses specific protection needs of protection-seeking migrants who are not covered by the 1951 Refugee Convention, and it serves as an umbrella, strengthening the core human rights of migrants regardless of their status, including protection-seeking migrants. Hence, the GCM improves the international protection system as a whole and should be acknowledged as such.

Systematic Approach and Legal Construction of Administrative Contract Law–A New Perspective on the Theory of Administrative Legal Relationship

Systematic Approach and Legal Construction of Administrative Contract Law–A New Perspective on the Theory of Administrative Legal Relationship

The specifics of the subjects of crimes with administrative prejudice in the field of road safety

The subject of this study is the key features of the perpetrators of crimes against road safety, the legal construct of which is made using administrative law. The special status of persons committing crimes of this kind is emphasized by gross disregard for the rules established by law, disregard for the regulations in force against them. Based on the analysis of statistical indicators of road traffic accidents caused by drivers of vehicles, the public danger of committing such criminal acts is justified. These acts imply the onset of criminal consequences only if the person who committed them has special features. The emphasis in this case is on the increased danger of the subjects themselves committing intentional violations of traffic rules, referring them to the malicious type of violators with legal nihilism. To define the concepts of this study, a dialectical methodology was used; in order to comprehensively understand the key features of subjects of crimes with administrative prejudice in the field of road safety, elements of sociological methodology were used. In the study of individual issues, private scientific methods were used, such as formal legal and comparative legal. The results of the conducted research are presented by the classification of signs possessed by the subjects of crimes with administrative prejudice in the field of road safety, their characteristics are given. The connection between the administrative prejudice and the subject as an element of the corpus delicti is substantiated, which, first of all, is justified by the assessment of the social danger of the offender and the choice of a preventive measure commensurate with the social danger of the offender. An important role in assessing public danger is played by determining the psychological portrait of the person who committed the crime, which covers the chronology of his administrative offenses and the frequency of violations of the same prescription. Based on the data obtained about the subject of the crime, the principles of proportionality of punishment and personal responsibility are implemented. In this case, these principles imply the influence of administrative prejudice on the fair distribution of sanctions, and previous administrative offenses aggravate the responsibility of the person.

The Legal Construction of and Legislative Issues Concerning Tourist Taxes: A Comparative Law Case Study

Abstract The purpose of this study is to describe the legal construction of and problems related to legislative issues concerning tourist taxes. It is based on analysis of the regulations contained in the conditions for the collection of local taxes, which result primarily from the provisions of the Polish Tax Code. These were compared with the laws of Slovakia and the Czech Republic. From a methodological point of view, we decided to focus on the regulations in force in one of the most famous tourist destinations in Poland, Zakopane, located near the border with Slovakia and the Czech Republic. The research shows that the legal solutions applied in Poland are flawed. In Poland, the tourist tax can as a rule only be levied in locations where certain levels of air pollution are not exceeded; however, this is not followed in practice. This leads to our claim that the legal solutions in this area should be changed. Maintaining the solutions currently in force in Poland leads to a situation in which legal fictions are allowed. We suggest the introduction of solutions similar to those found in the Czech Republic and Slovakia, where the tourist tax is not dependent on air pollution. The characteristic feature of this tax should be that it is levied on all types of stays, regardless of the purpose of the stay, the type of contract between the guest and the accommodation provider or the place where the guest stays.

Legal changes: ecosystem health and the redefinition of sustainability in the Green Deal

AbstractThis contribution to the Symposium on Ecosystem Restoration and EU Law is concerned with the changing features of sustainability. It argues that the Commission is gradually articulating, next to the consolidated objective of sustainable development, an ecological understanding of sustainability. It discusses the meaning and relevance of such new understanding, by asking how ecological sustainability is formulated as a policy objective and jurified in the legislation stemming from the Green Deal. It then reflects on the distinction between ecological sustainability and sustainable development. The contribution finally presents some thoughts on the relevance that the ongoing process of complication of the legal construction of sustainability may have for the Green Deal.

Специфика налога на сверхприбыль

The article discusses the specifics and legal nature of the excess profit tax. The legal construction of the excess profit tax as a one-time direct tax is analyzed. The place of the tax on excess profits in the system of taxation of organizations is considered. Conclusions are drawn about the significance of the excess profit tax for the mobilization of financial resources. Using the example of the excess profit tax, it is shown that the tax system is developing dynamically, responding to modern challenges, and ensures the functioning of the country's financial system.

Custos vulnerabilis, fundamental rights and culture: reflections in light of Marc galanter´s critical ideas

This article attempts to investigate the public defender office’s intervention in Brazilian’s civil litigation as custos vulnerabilis. It will analyze whether this legal construction effectively has a redistributive impact on law and changes the status quo or would it be a symbolic commitment. It uses the argumentative dialectical approach method; the structuralism procedure method and the sociological interpretation method. As a research hypothesis, it considers that public defender office’s intervention as a “vulnerable’s guardian” is legitimated by the protection of vulnerable group’s fundamental rights. The objectives of this essay are: i) to analyze the public defender’s intervention as custos vulnerabilis; ii) to examine the civil litigation neutrality discourse and the limitations to law’s transformation by Marc Galanter; iii) associating law and culture, to investigate whether the referred intervention modality has the aptitude to promote social change, analyzing its theoretical basis of legitimation. The conclusions show that: i) the public defender office’s intervention as custos vulnerabilis is interpreted from art. 134 of Brazilian’s Constitution, to promote fundamental human rights; ii) the recognition of this interventional modality by jurisprudence reveals the Brazilian society’s cultural transformation and of process itself; iii) this interventional modality’s consolidation may contribute to a paradigm shift in Brazilian civil process, making it more inclusive and fairer.

Публичная ответственность и обязанности государства в контексте конституционного принципа общественной солидарности

The author reveals the problems of social solidarity as a constitutional principle of the Russian Federation. The constitutional amendment of 2020 was presented, providing for the creation of conditions for triune economic, political and social solidarity in society. A theoretical understanding of social (public) solidarity is given as a legal construct and an instrument of social harmony and the integrity of the statelegal organism. It is shown that public solidarity, as a constitutional and administrative-legal phenomenon, creates the necessary basis for the implementation of the principle of mutual responsibility of the individual, society and state, in its positive and negative forms. An idea of the responsibilities of the state, its bodies and officials to the individual and society is given, the role and place of public legal responsibility of holders of power in the solidary social mechanism is outlined.

Does the Cancellation Victory Foreign Nationals in Local Democracy: Evidence from United Kingdom

The main requirement to become a regional head candidate is to be an Indonesian citizen. In the 2020 Pilkada, it was found that a foreign citizen won the Regional Head Election. This certainly raises a legal dilemma or polemic regarding the inauguration process. Whether the person concerned can be inaugurated as regional head or canceled. The formulation of the problem raised in this research is about the legal implications of the victory of foreigners in the Regional Head Election and the legal construction of the cancellation of the inauguration. This research is normative juridical research with a concept approach, legislation approach, and case approach. The results of the study found four things that resulted from the victory of foreigners in the Regional Head Election. Namely, the weakness of the regulation, the negligence of the organizers, the validity period of the dispute resolution of the limited nomination requirements, and the confusion to advance or continue at the inauguration stage. The choice of legal construction as a solution that can be taken is to cancel the inauguration of foreign election winners. The cancelation process can go through the judicial process through the mechanism of disputing the results in the Constitutional Court. Cancellation of the inauguration can also be done by the executive body through a decision from the Ministry of Home Affairs.

PERLINDUNGAN HUKUM BAGI PENERIMA WARALABA TERHADAP PERUBAHAN PRODUK SECARA SEPIHAK.


 
 
 
 The development of the business world penetrates the boundaries of space, time and territory of a country. One of the breakthroughs made by business people is business development through a franchise system, which in Indonesia is termed a franchise. Republic of Indonesia government regulation no. 42 of 2007 concerning franchising provides a definition of a franchise as a special right owned by an individual or business entity to a business system with business characteristics in order to market goods and/or services that have been proven successful and can be utilized or used by other parties based on a franchise agreement. In Indonesia, the legal regulations regarding franchising are not yet complete, considering that regulation through law has not been touched by the government. This is necessary to prevent franchise business actors from unwanted losses due to the incomplete legal instruments that protect them. This research raises the issue of what are the legal consequences of franchise agreements in the event of unilateral changes to franchise products by the franchisor and what is the legal protection for franchisees? for unilateral changes to franchise products by the franchisor. By using two legal theories as analysis tools, namely the legal protection theory from Satjipto Rahardjo and the legal consequences theory from Soeroso. The method used in this research is a normative juridical research method, namely legal research carried out by examining library materials or secondary data only. The research approaches used are a statutory approach, a case approach, a conceptual approach, an analytical approach and techniques for collecting legal materials by identifying and inventorying positive legal materials, literature. books, journals and other source materials, the technique for analyzing legal materials is carried out using legal interpretation (interpretation), systematic interpretation and methods of analogous legal construction, legal refinement construction (rechtsverfijning) and a contrary argument. The legal consequences of a franchise agreement in the event of a unilateral change to the franchise product by the franchisor, is the disappearance of the legal situation and relationship between the franchiser and the franchisee due to the franchiser's default which has implications for the franchisee experiencing losses due to not providing products, tools and materials for the franchise object. as is the classification that has been agreed. Legal protection for franchisees for unilateral changes to franchise products by the franchisor will be better protected if the Franchise Agreement regulates specific protection of the suitability of the franchise object, and the franchise agreement is not made standardly by the franchisor but is formulated together with the franchisee. . Because standard agreements are more susceptible to taking sides for the unilateral benefit of the agreement maker.
 
 
 

Three-dimensional property: Current development trends on the Polish example

Abstract 126The majority of modern European legislations traditionally follows the concept of land ownership derived from Roman law. It is based on the assumption that the owner’s rights are unlimited in spatial terms. Within this understanding, the spatial scope of ownership extends to open space above and below a specific part of the land’s surface, delineated two-dimensionally. Several exceptions to the general underlying approach have been successively introduced in particular European legal systems in the course of historical development. These include, in the first place, building leases and apartment ownership as well as separate ownership of buildings. Furthermore, widely accepted limitations as to the vertical scope of ownership stem from specific regulations in the fields of mining law, geological law, water law and aviation law. Another manifestation of departure from the traditional concept of land ownership are legal solutions falling into the category of three-dimensional (3D) property, which is of increasing interest nowadays in view of growing needs for new forms of ownership and land use in densely built urban areas. At the core of the concept of 3D property in the strict sense lies the possibility to divide the space into distinct layers defined by horizontal and vertical planes, and to create so-called three-dimensional immovable properties which constitute independent objects of property rights. Such 3D units can serve multiple above- and underground investment purposes. Regulations regarding different models of 3D property rights have already been adopted in a number of countries in Europe and worldwide. Recently, conceptual work on layered ownership has been undertaken in Poland, which has opened a discussion in the legal scholarship on the future legislative changes to be implemented in order to introduce the notion of 3D property to domestic law. In parallel with these tendencies, the idea of 3D cadastre is being promoted. It offers 127the possibility to register real estate objects located at different levels. Worthy of note in this regard is also the impact of the current technological advancements on increasing the investment potential of urban space through 3D property formation. This article elaborates, first, on the general concept and selected types of 3D property rights existing in national jurisdictions. Against this background, the proposal for the new legal construct of layered ownership has been discussed with particular consideration of the possible ways of adapting it to the Polish property law framework. Some of the opportunities and challenges brought about by the 3D property rights development have been then outlined in the context of extensive implementation of emerging technologies in real estate transactions.

KONSTRUKSI HUKUM PENYELESAIAN SENGKETA PERTANAHAN ATAS TANAH EKS EIGENDOM YANG BELUM DIDAFTARKAN NAMUN TELAH DIKUASAI PIHAK LAIN

The increasing demand for land due to population growth gave rise to a focus on agrarian law. The pre-1960 dualism of land law (Western land and customary law) ended with the agrarian Basic Law (UUPA) of 1960, which unified land regulation. The UUPA aims to simplify land law for the benefit of the people. The conversion of eigendom rights is regulated by the UUPA, but the settlement of land disputes, although it can be done through non-litigation channels, often leads to litigation, especially in complex cases such as eigendom rights, conversion, and land ownership. This study raises two problems, namely the legal consequences of the former Eigendom land that has not been registered but has been controlled by other parties and the legal construction of Land Dispute Resolution on the Land of the former Eigendom that has not been registered but has been controlled by other parties.This research is normative legal research, with legislation and case approach. The technique of collecting legal materials used by the authors in this study is to collect data by reading and reviewing some literature. The result of this study is that Article 24 of Government Regulation No. 24 of 1997 on land registration provides legal consequences for owners of eigendom deeds who have not registered their land, triggering disputes with communities who have controlled the land. To minimize disputes, it is necessary to establish an alternative institution for resolving land disputes in Indonesia, such as the ex-Eigendom land examination Institute

FORCE MAJEURE AND NOTARY RESPONSIBILITY: THE CASE OF THE DESTRUCTION OF DEED MINUTES

Notaries, in carrying out their duties, have the authority to create authentic deeds, where authentic deeds serve as perfect evidence in court proceedings. According to Article 16 of the Notary Law (UUJN), the notary's obligation is not only to create authentic deeds but also to store them as part of the notary's protocol, which is a state document or archive that must be properly preserved and stored to prevent loss or destruction under any circumstances. The focus of this thesis is on the scenario where the notary's office, the place where all archives or protocols are stored, experiences a disaster or force majeure. The question arises whether the notary is still responsible for the destruction of the notarial protocol in such a case. The objective of this research is to examine and analyze the notary's responsibility for deed minutes that are destroyed due to force majeure and the legal construction of deed minute storage to minimize their loss due to force majeure. In this regard, concerning civil law liability, if the notary's negligence in safeguarding the notarial protocol results in losses for the parties involved, the notary's actions may be qualified as an Unlawful Act (PMH). PMH is regulated in Articles 1365 to 1367, stating that any unlawful act causing harm to others makes the perpetrator liable for the resulting losses. The legal consequences for a notary whose negligence leads to the loss or damage of deed minutes and failure to store them properly may result in administrative sanctions as stipulated in Article 9, paragraph (1), letter d of UUJN, which entails temporary suspension from the position of notary due to violating the obligations and prohibitions of the profession.

Criminalization of Personality Assassination via Electronic Means

Objective: This study comes to clarify the controls for criminalizing character assassination and identify its elements, by revealing the content and location of the actions of this crime, and showing the features of its criminal confrontation, with the necessity of respecting the rights of people and their freedom to express opinions, based on a broad question created by the new legal construction of the crime of assassination. Personality in terms of its legal meaning, the basis for its criminalization, and the legislator’s plan to confront it. Methods: In this study, the researcher followed the descriptive approach in presenting the legal text criminalizing character assassination and describing its content, as well as the analytical approach in analyzing the words of the text to determine the scope of criminalization and its limits in light of the new issuance of the Jordanian cybercrime law. Results: The study drew a series of conclusions, namely, the singling out of Jordanian legislation worldwide by criminalizing the assassination of the personality, but using only electronic means, where the structure of this offense is predominantly technical this makes it difficult, given the blurry legal structure of the offense, to reveal the limits of the criminalization of the assassination of the personality and to seize its elements, with the legislator moving towards expanding the scope of criminalization by giving meaning to assassination without specifying the people it targets, and considering it a serious offense.

Development of the Economic and Legal Concepts of Financial Instruments in the PreRevolutionary Period. G.F. Shershenevich’s Contribution

Many experts believe that we are on the cusp of a new system of legal understanding, construction, and formalization, as well as state regulation of the relations and processes governed by “financial instruments”. However, this term remains polysemantic and thus is a compelling subject for the discourse. It has multiple legal interpretations, uncertain legal applications, and diverse or even conflicting theoretical frameworks. In this article, the historical ideas of the pre-revolutionary Russian scholars were discussed in connection with the current legal understanding of financial instruments. The analyzed works certainly contain brilliant thoughts, logical reasoning, generalizations of the foreign experiences, and novel ideas. They all became the basis for the law and legislation development in subsequent periods, up to the present day. Special attention was paid to the legal heritage of G.F. Shershenevich, a prominent figure of classical Russian jurisprudence who worked at Kazan University. It was concluded that the scholar’s views reflected both a narrow understanding of private law and a more complex approach that links the legal manifestations of phenomena with their social, economic, and commercial essence. The results obtained show that the principles of current economic and legal models can be traced back to the conceptual aspects of the categories (such as financial instruments) introduced by the earlier scholars.

Analysis of the normative fixation of the category “control” in the legislation of Ukraine (in the aspect of the relationship with the adjacent category “supervision”)

The article analyses the normative fixation of the category “control” in the legislation of Ukraine, including in the aspect of the relationship with such a related category as “supervision”.
 It was noted that the search for optimal ways of legislative regulation of any legal institution should always be based on theoretical models developed by science. This applies both to mechanisms for the implementation of various procedures, and to any norms-principles and norms-definitions. The institute of state control is no exception, the legal regulation of the terminological series of which is quite contradictory and ambiguous in nature. That is why, in the field of determining the legal essence of the “control” category, the generalization of law-making practice regarding the legal constructions of the specified term and the analysis of relevant normative samples and samples of prospective legislation are extremely relevant. In our opinion, such a systematic approach will be a favourable factor for the improvement of legislation in this area, its unification and simplification.
 It is emphasized that the fact that the indicated categories are adjacent, but not identical in terms of the content of the category, is obvious. At the same time, we do not believe that control is a generic phenomenon relative to supervision, and supervision is, accordingly, derived from control. In our opinion, both forms of influence on a certain object of administration are independent mechanisms that are used by different authorized subjects. In addition, it is seen that it is not entirely justified to call control, comparing it with supervision (as opposed to the latter), a permanent, “daily and continuous” process. It can be seen that it is not control, but surveillance that is endowed with such characteristics, since it involves continuous monitoring of a certain object, and control, as a rule, has the character of planned influence, which is applied with a certain frequency and duration strictly defined by law.