Current State Of Legal Regulation Research Articles

Current state of legal regulation of economic activities in the field of organizing and conducting gambling

The article is devoted to the issues of characterizing the current state of development of legal regulation of economic activity in the field of organization and conduct of gambling. The development of the gambling industry and market in Ukraine, their impact on social processes, including negative ones, the speed of regulatory reaction, tax revenues and other factors, shows the importance of this type of economic activity in the general economic environment and the need for its comprehensive study. It was determined that the regulation of social relations of this type of economic activity is characterized by a variety of norms that are involved in this process from different branches of law and the presence of current socially significant problems, the response to which is associated with possible changes to legislation. A separate component of these processes is the effect of martial law in Ukraine and the efforts of the subjects of regulatory and legal regulation to use the discretionary powers granted in connection with this. In turn, such actions, regardless of their positive nature, have law enforcement risks associated with the «legal purity» of the adopted normative legal acts. The author examines the current state of legal regulation of economic activity in the field of gambling, considers the possibility of alternative approaches to the generalization of the results of such an analysis, depending on the type of economic relations. It was determined that at the current stage of the development of legislation on gambling, the regulation of such economic activity can be carried out not only with the help of special legislation, but also by individual legal acts (Decision of the National Security and Defense Council of Ukraine on the introduction of sanctions), which is contrary to legal principles and the jurisdictional criterion of the origin of regulatory influence. It is concluded that it is necessary to take into account the priority of legislative procedures before the regulatory reaction caused by the resonance of social problems, and it is proposed, taking into account the state of development of the gambling business in Ukraine, to apply special management regimes.

Problems and prospects of the application of artificial intelligence in the combat of criminal offenses by The Security Service of Ukraine at critical infrastructure facilities

The article is devoted to the study of the problems and prospects of the use of artificial intelligence in countering criminal offenses by the Security Service of Ukraine at critical infrastructure facilities. The peculiarities of state policy, the current state of legal regulation of the use of innovative technology in Ukraine are considered, and problematic issues of the use of artificial intelligence in the course of the tasks of prevention, detection, termination, and pre­trial investigation of criminal proceedings in the relevant field are analyzed. The main areas of application of artificial intelligence in combating criminal offenses at critical infrastructure facilities have been worked out, such as: intelligent detection of threats in the process of countermeasures; automation of algorithms for combating illegal encroachments; information and analytical support. The key methods and technologies of artificial intelligence that can be used in the process of combating criminal offenses at critical infrastructure facilities by the Security Service of Ukraine are highlighted, in particular: deep learning, machine learning, natural language processing and computer vision. The potential risks and problematic issues of introducing artificial intelligence into the automated process of combating criminal offenses at critical infrastructure facilities are outlined. Attention is drawn to compliance with the principles of transparency and accountability of activity, legality, responsibility for erroneous decisions, ensuring human rights and freedoms, prevention of risks of discrimination, excessive reliance on artificial intelligence. The need to improve the legal basis for the use of artificial intelligence in combating criminal offenses at critical infrastructure facilities, as well as introducing changes and additions to the legislation of Ukraine concerning the criminal-procedural activity of the Security Service of Ukraine, was noted. The introduction of artificial intelligence technologies into the system of combating criminal offenses at critical infrastructure facilities is identified as a promising direction for further research.

State support for veteran entrepreneurship

Problem setting. In modern conditions, state support for veteran entrepreneurship plays a key role in the socioeconomic development of Ukraine. At the current stage, the veteran policy of Ukraine is being actively modernized and updated in accordance with the actual problems and challenges that arise during the implementation of state policy mechanisms regarding veteran entrepreneurship, however, the reformation requires attention to possible risks that may hinder the successful implementation of the policy. Involvement of war veterans in business activities is considered by the state and society as one of the most important mechanisms of reintegration of veterans, which corresponds to the state interests of Ukraine and the wishes of veterans according to sociological surveys. Purpose of research is to study the current state of legal regulation in Ukraine in the field of reintegration of veterans, in particular, the possibility of their professional adaptation and employment in entrepreneurial activities. Article’s main body. It has been established that promising directions for attracting veterans to entrepreneurship are: providing financial support to veteran business projects and benefits to veteran businesses in the field of public procurement along with related services (consultations, training, etc.), simplifying complex administrative procedures for veterans when receiving such benefits, ensuring equal access to state support programs for veterans.Evaluation of current initiatives and recommendations for their improvement can become the basis for further steps in the development of veteran entrepreneurship in Ukraine. Conclusions and prospects for the development. Modern Ukrainian legislation has ways to develop in the field of veterans’ rights protection, and the state policy of Ukraine is being modernized and updated in accordance with the current problems and challenges that arise during the implementation of state policy mechanisms for veteran entrepreneurship. However, on the way to reforming, those implementing it should pay attention to countermeasures that would make it impossible to reduce existing risks. In addition, laws could be passed to ensure that veterans receive preference in public contracting processes. This will not only support veterans in their transition to civilian life, but also emphasize their valuable skills and experience.

Liability for Health Damage – Public vs Private Area

The article deals with the comparison of refunds of non-material damage in public and private area. In the public area is analyzed legal regulation on health injuries in service relations, in private area is discussed legal regulation on health injuries in civil law and labour law. Particular attention will be focused on the transfer of compensation in the event of injury to the heirs – while in service relationships, such claims are extinguished by death (not transferred on the heirs), which was taken over from the 1960s legislation, in current private law, do not cease if they have been recognized or at least brought in court. The aim of the paper is a critical analysis for the current state of legal regulation and the proposals de lege ferenda (approximation to labour law regulation). The issue has increased importance for public finances and functioning of public sector and enforcement of the rule of law.

Legal regulation of the provision of electronic services in the field of social protection of the population

The article is devoted to the analysis of the legislative consolidation of the provision of electronic services in the sphere of social protection of the population in Ukraine, taking into account the trends of reforming the institute of electronic services in the state. The current state of legal regulation of the provision of electronic services in the field of social protection of the population and directions for improvement of normative legal acts in the specified field have been studied. Summarizing the legal basis regulating the provision of electronic services in the field of social protection of the population, such acts can be classified by legal force (legislative, sub-legal) and by the content of the subject of regulation (determine general theoretical provisions and some aspects of an organizational nature; administrative jurisdictional activity of public administration bodies regarding provision of electronic services in the field of social protection of the population; guarantees of legality of the provision of electronic services in the field of social protection of the population). It has been established that today there is a significant number of normative legal acts that regulate certain aspects of the provision of electronic services in the field of social protection of the population. This is natural given the wide range of social relations subject to their regulation. Instead, for further systematized reform in this area, it is necessary to determine the general principles of organizational and legal regulation of the provision of electronic services in this area on the basis of a unified legislative act with the aim of a systematic approach to the elimination of legal gaps in the regulation of such an institution in view of the special legal position of subjects of public administration of providing electronic services in the field of social protection of the population.

INTERNATIONAL AIR CRIME: ACTUALIZATION OF THE CONCEPT

The author analyzes the concept of "international air crime", updates the issue of the urgent need to formulate a normative definition of the concepts of "transport crimes", "crimes in air transport", "air crimes", "international air crimes" and some others. In the course of the work, scientific ideas about transport crimes, international treaties ratified by the Russian Federation and the internal law of the Russian Federation, including the Air Code and other regulations were analyzed in order to form the legal foundation for ensuring air security, taking into account the Decree of the President of the Russian Federation of May 7, 2024 of the year. In order to pose the problem, the author has identified classifications of international air crimes that are promising for scientific research, including crimes where air transport is considered as an object, means and place of commission of a crime. In fact, trends in the development of scientific analysis of basic concepts and characteristics of transport and air crimes are presented from a historical perspective. As a result, the author, summing up the current state of legal regulation of international air crimes and the prospects for the development of a system of norms, gives impetus to the specification of the institution of air safety, the branch of international air law and air legislation of the Russian Federation.

LEGISLATIVE GAPS IN THE COLLECTION OF ALIMONY FOR MINOR CHILDREN

Protection of the rights and interests of the most vulnerable alimony recipients - minor children, is one of the most socially significant areas of family law regulation. The basic guarantees of the rights and legitimate interests of the child depend on the correctness of the normative fixation of the provisions on alimony and the quality of the mechanisms of its collection. The absence today of legal certainty in a number of provisions of alimony legislation on the forced collection of alimony, confirms the relevance of this study. Objective: to study the peculiarities of modern Russian legal regulation of judicial recovery of alimony for minor children, to identify the problems of legal regulation and to formulate specific proposals to change the legislation. Methodological basis: in the preparation of the research the general scientific dialectical method and special methods were used: system-structural, formal-legal, logical and comparative-legal. Results: the article comprehensively analyzes the shortcomings of legal technique and peculiarities of the current legislation concerning legal regulation in the field of alimony legal relations and forms proposals for their legislative elimination. The author sees that, despite the high prevalence of proceedings of a writ nature in cases of alimony collection, potentially higher efficiency of alimony payment belongs to the voluntary alimony agreement. Conclusions: the current state of legal regulation of the institute of alimony of minors, including the shortcomings of substantive and procedural nature, is characterized by imperfection and inefficiency of a number of normative provisions of the Family Code of the Russian Federation, which in turn may affect the stability and efficiency of court decisions, orders and needs to be reformed.

Проблемы фискальной прозрачности в контексте реформирования законодательства о публичных неналоговых платежах

This article is devoted to the analysis of the problems of reforming public relations arising from the establishment, introduction and collection of public non-tax payments, and the impact of the current state of legal regulation of the relevant sphere on the level of fiscal transparency of the budgetary and tax system of the state. The connection between the chaotic construction of legislation on public non-tax payments and the low level of fiscal transparency is explained. It is concluded that it is necessary to implement the preparatory stage of the reform of the relevant sphere of legal regulation by creating an official register of public non-tax payments and, as a result, "freezing" the growth of their number, as well as imposing on the state bodies administering the relevant payments the obligation to publish information on the amount of income from collecting existing payments, as well as specific items of their expenditure taking into account their types and specifics in order to increase the level of transparency in the budget and tax sphere.

Regulatory and legal regulation of the healtcare sector in Ukraine and Hungary: general and special

This article conducts a comparative analysis of the current state of legal regulation in the healthcare sector in Ukraine and Hungary. The significance of healthcare issues has elevated them to the level of one of the most important state tasks and an internal function of the modern state. This necessitates not only the execution of effective state governance but also the formation and implementation of state policy in this sphere. The article is dedicated to the formation and implementation of state policy concerning the legal regulation of the healthcare sector in Ukraine and Hungary, which underscores its relevance.
 During the writing process, the author researched the system of legal relations and state bodies responsible for performing relevant functions and tasks in the formation and implementation of healthcare policy. It analyzes the legislative system regulating these areas and the practice of its application in both countries. The article identifies the roles and places of the Verkhovna Rada (Supreme Council) of Ukraine and the Hungarian National Assembly, as well as the Cabinets of Ministers and the executive branch systems in both countries in the realization of healthcare policy.
 Like most contemporary scientific developments in this field, the article covers problems of three scientific disciplines – medicine, management, and law. In preparing this article, the author reviewed a considerable amount of medical literature, particularly in social medicine and healthcare organization, thoroughly exploring their scientific issues in both Ukraine and Hungary. However, it aims to illuminate the issues and problems arising in this context, specifically from the legal standpoint, particularly administrative law. Therefore, the focus of this work is primarily on legal categories and concepts – the legal mechanisms for implementing state medical and health improvement programs, ensuring the constitutionally guaranteed right of individuals in Ukraine and the Fundamental Law of Hungary to medical care, healthcare, and medical insurance, particularly the guaranteed level of free qualified medical aid.

Правовое регулирование наследования усыновленными лицами: спорные вопросы

The article presents the current state of legal regulation of the procedure for calling adopted children to inheritance. The order of inheritance by adopted children of assets and property of the deceased testator, their adoptive parent, is of particular interest for study. The legal regulation of inheritance by adopted children may also be infl uenced by the presence or absence of a will. If a person has a will, it may include provisions specifi cally relating to the inheritance rights of adopted children.

Better safe than sorry? Digital campaigning governance in Germany

ABSTRACT How political speech is regulated has changed, with online spaces presenting new challenges. Private platforms now play a significant role in providing spaces for political speech with their own rules and algorithms. This paper examines the current state of legal regulation for political speech, both online and offline, and identifies gaps in governance. As we navigate the ever-evolving landscape of online political speech, it is essential to consider the changing and stricter rules that are being put in place. Private actors have played a crucial role in providing space for this speech. It is worth examining the similarities and differences between offline and online political speech and advertising regulation to ensure everyone's voices are heard and respected. Analyzing applicable public and private law, we investigate how different compliance pulls from national and EU law (existing and upcoming) influence the commitments made by the parties, using the most recent federal elections in Germany as an example. Thus, we assess the German legislative framework, which is also influenced by EU legislation. These investigations reflect new European rules, including the Digital Services Act. After analyzing how parties engage with national law and (self-regulatory) commitments, the paper provides suggestions for improving online speech governance.

Some aspects of legal regulation of cryptocurrency circulation in Ukraine

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

Digitalization of services in the field of patients’ rights protection: current state and prospects for the development of legislation

This scientific article is devoted to the current problems of digital transformation in the field of health care and the introduction of electronic medical services. The main directions of introduction of the digitalization process in the sphere of medicines circulation in Ukraine are revealed, the attention is focused on the positive and negative moments of digitalization in the sphere of medicines circulation in Ukraine. Possible areas for improving digitalization in the field of circulation of medicines in Ukraine are identified, as well as the need to improve the legal regulation of digitalization in the field of circulation of medicines in Ukraine in order to protect the rights and interests of patients in the field of medicines. The article analyses the current state of legal regulation of digitalisation in the healthcare sector of Ukraine and the readiness to provide quality electronic healthcare services to patients. The authors have identified the need to adopt and amend regulations that would regulate the development of the electronic healthcare system, in particular, the introduction of an electronic public health system; electronic document management in the field of healthcare; implementation of measures to ensure the safety of medicines and the creation of an electronic prescription; expansion of the functions of the electronic system of state registers; automation of medical services; and legalisation of medical cannabis.
 The article examines the problems of legalisation of cannabis for medical purposes in Ukraine. International legal acts and standards in the field of narcotic drugs and psychotropic substances are analysed. The authors review national legislative acts regulating the production and trafficking of narcotic drugs, psychotropic substances and precursors.
 The article examines the German experience of legal support for patients’ access to the necessary medical cannabis treatment for various diseases and post-traumatic stress disorders. The article identifies the specifics of legal regulation of medical cannabis treatment services. The authors outline two types of medical cannabis treatment services - general and special, which differ in procedural features.

Правовое регулирование технологий искусственного интеллекта и робототехники в сфере энергетики в Российской Федерации: проблемы и перспективы

The energy industry is one of the dynamically developing and investment-worthy areas where new technology is being actively introduced. The agenda is focused on digitalization and one of its most important products, artificial intelligence, as a popular and promising set of IT solutions applied in various areas, including the fuel and energy complex (FEC). The main risk of the full AI technology integration in the energy complex, as well as the creation of favorable investment conditions for its further development, is the imperfection of the legal and regulatory framework governing general and industrial aspects. This article analyzes the current state of legal regulation of AI and robotics in the energy industry of the Russian Federation, and also provides some examples of foreign legal experience on the topic under consideration. The jurisdictions of the European Union (with the subsequent implementation of legal norms into the national laws of the member States) and the United Kingdom were chosen as promising examples. It should be noted that in each of the selected states, a whole set of policy documents was adopted that consolidate the goals and objectives of AI development, as well as identify the main threats to the further integration of this technology into different economic realms, including energy. Besides, there are material differences in legislative approaches. The combination of the experience studied makes it possible to improve national laws on AI and robotics integration in the Russian FEC. It seems necessary to perform unification at the level of the federal law regulating the general provisions on AI. Besides, it is required to update special energy industry laws, including through the adoption of new energy security regulations at the substatutory level.

Current state of legal regulation of social insurance in Ukraine

Current state of legal regulation of social insurance in Ukraine

Paid Services Agreement in Modern Civil Law: Theoretical Construction and Prospects for Legislative Regulation

The reform of Russian civil legislation, which began in 2008, has not yet affected the special part of the Civil Code on certain types of contracts, and remains incomplete. At the same time, one of the most problematic contracts is the paid services agreement, the regulation of which in the Code is too broad and fragmentary. In the context of the growing role of the service sector in modern economic turnover, such a state of legal regulation of the paid services agreement in domestic civil law is inadmissible. The choice of directions for improving the legislative regulation of a service agreement should be based on an analysis of the legal nature of this agreement and the features of its theoretical design. The purpose of the article is to identify the main shortcomings of the legal regulation of the paid services agreement and to determine areas for its improvement. The methods of research are general methods of study (analysis and synthesis, induction and deduction, system analysis) and methods of legal science (methods of literal, systematic, teleological and historical interpretation of legal norms). The issues of the theoretical construction of a paid services agreement are considered taking into account the dogmatic development of this issue in domestic civil law and the current state of legal regulation of this contract in the current legislation. It is concluded that the service agreement is always aimed at achieving a certain result in the form of providing services of appropriate quality. The need to improve the general provisions of the service agreement is argued and specific directions for its modernization are proposed. The services requiring additional regulation are defined in special paragraphs of the Civil Code on certain types of service contracts.

Current state of legal regulation of administrative and legal protection and enforcement of intellectual property rights

Current state of legal regulation of administrative and legal protection and enforcement of intellectual property rights

Cooperation of the BRICS countries in the field of criminal asset recovery: current state of legal regulation and prospects

Cooperation of the BRICS countries in the field of criminal asset recovery: current state of legal regulation and prospects

Object and Subject of Cri¬minal Offenses in the Field of Use of Electronic Computers, Systems and Computer Networks and Telecommunication Networks

The article deals with the object and subject matter of computer criminal offenses. The purpose of the article is to study the object and subject matter of computer criminal offenses, to analyze the current state of legal regulation of computer criminal offenses, and to provide suggestions and comments to the legislation.
 It is proved that due to the development of scientific and technological progress at the end of the twentieth century, a new type of social relations in the field of computer information circulation emerged in the State, which were subsequently taken under the protection of criminal law. The information security (cybersecurity) of the state has become one of the components of Ukraine's national security. Unlike other scholars, we believe that the direct object of computer criminal offenses is social relations to ensure the integrity and safety of computer information and the safe operation of information systems. The foundation of an information system is a set of information
 resources in the form of computer information, computer technologies and equipment, as well as related computer infrastructure, including telecommunication networks. Not all computer information requires criminal legal protection and, accordingly, can be the subject of computer criminal offenses, so the legislator should amend the dispositions of Articles XVI of the Special Part of the Criminal Code of Ukraine and replace the term "information” with "information protected by law”. It seems that by limiting the ways of influencing computer information in the law, the legislator has provided opportunities to avoid criminal liability to persons who otherwise cause damage to the owners of computer information.
 The complexity of protecting legal relations in the field of computer information lies not only in the evolution of technologies for its registration and transfer, but also in the evolution of legal relations themselves and the ways of influencing them. The backwardness of the articles of Section XVI of the Criminal Code of Ukraine and the problems of qualification of acts under these articles which arise in modern judicial practice cannot be solved by changing the dispositions of these corpus delicti only.

Administrative and legal regulation of surrogate maternity in Ukraine

The article is devoted to the study of key aspects related to the legal regulation of the institution of surrogacy, and this study covers both the domestic legislation of Ukraine and the laws of foreign countries.
 The article includes an analysis of the legal regulation of surrogate motherhood in various countries of the world, in particular, the United States of America, Israel, Australia and others. The special focus of the study includes the analysis of the legislation of these countries and their approaches to the regulation of surrogacy.
 In addition, the article examines the norms, requirements and criteria that exist in the current Ukrainian legislation regarding gestational surrogacy. Based on the analysis of this legislation, conclusions are put forward, which indicate the need for further improvement of the legal regulation of surrogate motherhood in Ukraine. In particular, the article expresses the idea of a possible creation of a separate law aimed at regulating procedural aspects and relationships in this field of medicine.
 This article is a valuable source of information and analysis for anyone interested in the current state of legal regulation of surrogacy, both in Ukraine and elsewhere
 In addition, the article points to the importance of the urgent need for further improvement of Ukrainian legislation on surrogacy. The proposed creation of a separate law aimed at regulating procedural aspects and relations in the field of surrogacy can contribute to a more qualitative and systematic approach to this issue in Ukraine.
 The general conclusion from this article is that the legal regulation of surrogate motherhood is an urgent and complex problem, and the further development of this field of medicine requires a well-founded, consistent and objective approach on the part of legislators and other participants in the process.