Normative Definition Research Articles

Problemy vyznachennia poniattia viiskovoho maina yak predmeta viiskovykh kryminalnykh pravoporushen

The concept of «military property» is investigated, and several shortcomings of its normative definition are identified. Based on the analysis of the Law of Ukraine «On the legal regime of property in the Armed Forces of Ukraine,» laws of Ukraine regulating the activities and legal status of other military formations, some bylaws contradictions were revealed regarding the recognition of the military property of the National Guard of Ukraine, the Security Service of Ukraine, the State Border Guard Service of Ukraine, the State Service for Special Communication and Information Protection of Ukraine, as well as the property of the State Special Transport Service, in addition to the weapons and ammunition assigned to its units. In addition, the problem of interpretation of «the concept of «military property» is formed by the use in its normative definition of the phrase «assigned to...», which calls into question the recognition as military property, material property, property transferred as charitable assistance, property received as a result of economic activity, «trophy» property, etc. These problems may make it difficult to apply the norms on criminal liability provided for in articles 410-413 of the Criminal Code of Ukraine. The study also found that property may lose its military status if written off or alienated from the moment of approval or signing of the relevant official documents. At the same time, the write-off of property does not lead to the loss of its military status if, as a result of the write-off, it is transferred to another accounting category. Separate property is subject to write-off immediately after its transfer to use. Therefore, from the moment of such write-off, it loses its military status and cannot constitute the subject of criminal offenses provided for in articles 410-413 of the Criminal Code of Ukraine. Based on the study results, we propose to introduce amendments to regulatory legal acts regulating the legal regime of military property, which would extend their effect to all military formations created under the legislation of Ukraine. Changes to the normative definition of the «military property» concept are also proposed, which consist of recognizing any property in the records of a military formation or any property that has come into the possession of such a formation.

Nkrabea and Hyɛbrɛ in African Philosophy of Life

The concepts of nkrabea and hyɛbrɛ in Africa’s philosophy of life present very distinctive nomenclature and epistemology of how it applies within the socioreligiocultural cosmology. As a challenge to normative definition, the epistemology of the African philosophical context engenders new nomenclatures that hitherto were rejected by the hegemonic frameworks of Western paradigmatic nomenclature. The African philosophy of life which is formed by a very distinct socioreligioculture and framed by fascination and experience of the supernatural does not fail to recognise the existence of vast dimensions and active spiritual cosmology. If there is anything conceived with such an aura of reverence, it is life, beyond biological classification and, experiences such as the ability to think, feel, or be aware of one’s existence. Life is “energy” (spiritual force) which provides every element its function or purpose and nkrabea and hyɛbrɛ are the function or purpose predetermined for every element. The objective of the study was to find out the meaning of nkrabea and hyɛbrɛ and how they apply to the African philosophy of life. The study used a qualitative research method. Data was gathered from journals, articles, and library materials. Ethical responsibilities defined a set of principles and protocols that guided the study. The study concluded that the concepts of nkrabea, and hyɛbrɛ are conceptualised within the African philosophy of life and present critical nomenclatures on the function, or purpose of life within the context of human destiny and inform new epistemology. Its belief provides a perspective that informs the idea that nothing is purposeless. Keywords: Nkrabea, Hyɛbrɛ, Cosmology, Spirituality, Philosophy

The SAGE Framework for Explaining Context in Explainable Artificial Intelligence

ABSTRACT Scholars often recommend incorporating context into the design of an explainable artificial intelligence (XAI) model in order to ensure successful real-world adoption. However, contemporary literature has so far failed to delve into the detail of what constitutes context. This paper addresses that gap by firstly providing normative and XAI-specific definitions of key concepts, thereby establishing common ground upon which further discourse can be built. Second, far from pulling apart the body of literature to argue that one element of context is more important than another, this paper advocates a more holistic perspective which unites the recent discourse. Using a thematic review, this paper establishes that the four concepts of setting, audience, goals and ethics (SAGE) are widely recognized as key tools in the design of operational XAI solutions. Moreover, when brought together they can be employed as a scaffold to create a user-centric XAI real-world solution.

Understanding Islamic Extremism Away from the Dominant Normative Paradigm

Much academic interest has been given to the relationship of Islam with extremism, with such relationship being too often articulated in terms of religiosity as the main predictive factor, and a language of normativity positing that extremism is the negative manifestation and excess of Muslim discourses. This systematic review attempts to account for such normative assumptions by looking at the predictive ability of psychosocial and environmental factors related to social identity processes, in addition to the predictive ability of religiosity in accounting for Islamic extremism. Two search rounds were performed using several databases for peer reviewed English language articles, of all types of research designs, between 2012 and 2023 defining Islamic or Muslim extremism as a deviation from the dominant Eurocentric normative definition and delineating its predictors. The review revealed a differing account regarding the roots of Muslim extremism in which exclusion from the modern world-system—framed in terms of perceived threat, deprivation, discrimination, and oppression—is highlighted, while religiosity had predominantly insignificant effects. The paper calls for a reconsideration of extremism among Muslims away from the normative paradigm set forth by the modern world-system.

Defining systolic blood pressure normative values in hospitalized pediatric patients: a single center experience.

Normative blood pressure (BP) values and definition of hypertension (HTN) in children in outpatient setting cannot be reliably used for inpatient therapy initiation. No normative exists to describe HTN in hospitalized pediatric populations. We aimed to study the prevalence of hypertension and produce normative BP values in hospitalized children. Cross sectional observational study of all children hospitalized on acute care floors, ≥2 and <18 years age, at Stanford Children's Hospital, from Jan-01-2014 to Dec-31-2018. Cohort included 7468 hospital encounters with a total of 118,423 automated, oscillometric, BPs measured in the upper extremity during a hospitalization of >24 hours. Overall prevalence of HTN, defined by outpatient guidelines, was 12-48% in boys and 6-39% in girls, stage 1 systolic HTN in 12-38% of boys and 6-31% of girls, stage 2 systolic HTN in 3-10% of boys and 1-8% of girls. Centile curves were derived demonstrating overall higher BP reading for hospitalized patients compared to the outpatient setting. Higher blood pressures are anticipated during hospitalization. Thresholds provided by the centile curves generated in this study may provide the clinician with some guidance on how to manage hospitalized pediatric patients based on clinical circumstances. Hospitalized children have higher blood pressures compared to patients in the ambulatory setting, hence outpatient normative blood pressure values cannot be reliably used for inpatient therapy initiation. No normative exists to describe hypertension in hospitalized pediatric populations. The thresholds provided by the centile curves generated in this study may provide the clinician with some guidance on how to manage hospitalized pediatric patients based on clinical circumstances.

Risk preferences, newsvendor orders and supply chain coordination using the Mean-CVaR model

The standard newsvendor model assumes that decision-makers in the supply chain are risk-neutral. This paper explores the newsvendor problem using risk measures building on the classical normative definition of risk preferences by certainty equivalents to model risk-averse, risk-neutral, and risk-taking decision-makers. We suggest the Mean-CVaR model based on the popular risk measures Value-at-Risk (VaR) and Conditional Value-at-Risk (CVaR). The objective function is characterized by a tolerance level differentiating between low and high profits and by a pessimism level representing the weight of low profits. For the first time, we prove that the optimal order quantity is higher (lower) than the risk-neutral order quantity if and only if the newsvendor is risk-taking (risk-averse). The equivalence of product-specific risk preferences and the size of the order quantity enables the determination of the Mean-CVaR parameters from given order quantities or from a target profit. Further, based on supply chain’s objective maximization criterion, we discuss supply chain coordination with Mean-CVaR decision-makers. We show that a simple wholesale price contract can coordinate the supplier–buyer supply chain and completely characterize the decision makers’ risk preferences under supply chain coordination. For example, if the coordinator (supplier) is risk-averse, a coordinating wholesale price exists for a less risk-averse buyer as well as for a risk-neutral and risk-taking buyer. We also determine the Mean-CVaR parameters if the coordinator specifies a target for the supply chain profit and the buyer communicates a target profit. In this case, the coordinating wholesale price depends on the ratio of the target profits and we show the impact on supply chain efficiency.

The Possibility of Renewable Energy Development Through Prosumer Energy

Abstract This paper is devoted to the prosumer energy market. Particular attention was paid to legislative changes regarding the normative definition of a prosumer. According to the author, it is the definitional scope that sets the directions for the development of the prosumer energy market, and ultimately the entire renewable energy market.

Informed consent of the patient for medical intervention during biomedical research

The article reflects the concept of «informed consent of the patient», indicates the normative regulation and consolidation of this concept, examines the issues of the right to give consent for medical research and the right to refuse to carry it out, analyzes the principle of a person’s free consent in the context of international legal acts, and the relevance of this topic for today is also emphasized.&#x0D; Human life is a complex and mysterious mechanism that combines physical and spiritual essence. Often, during the entire life path, a person faces various obstacles to his quality existence and comprehensive development. Some of these obstacles already exist in a person from birth, and some may arise during life. In one case, a person can overcome them on his own, in another, he needs the medical assistance of doctors, specialists in the desired direction. More serious obstacles, that is, diseases existing from birth or those that have arisen during life, require comprehensive, targeted treatment, which includes biomedical research or surgical intervention. Important in this aspect is the issue of the consent of a person - a patient to medical treatment and conducting biomedical research, as well as the normative definition and consolidation of such consent.&#x0D; Having studied, analyzed and researched the issue of «informed consent of the patient for conducting biomedical research», it is possible to come to the unequivocal position that this issue is very relevant and important today. It is mentioned and constantly improved in both international and national legislation. A person repeatedly needs medical assistance during his life.&#x0D; The right to life and health is guaranteed to everyone by the Constitution of Ukraine and should be unhindered for a person to exercise this right. The process of diagnosis and treatment depends only on the person himself and his free decision. Only with the patient’s consent is this or that study conducted. International legal acts indicate that a person’s failure to consent to medical intervention is considered an interference in his personal private life, a violation of his dignity and freedom.&#x0D; «Informed consent» includes not only the concept of consent itself, i.e. the free decision of a person, but also an explanation of a specific case or research procedure. And it largely depends on the specialist. Will he be able to convey and explain the patient’s problem, illness, actions correctly, fully and in an accessible form? Yes, free consent is given by a person, but the doctor also influences this decision to some extent. Patients’ freedom in choosing medical care methods is somewhat limited. The patient can choose only among those methods of medical intervention recommended by the attending physician or refuse treatment.&#x0D; That is why the question of «informed patient consent» will continue to be one of the most debated issues and will repeatedly be an excellent topic for research by young scientists.

Social work as a special guarantee of the state’s social security

This article aims to elucidate the theoretical and practical aspects of social work as a specific guarantor of social security in a contemporary state. Through a critical analysis of the normative definitions of ‘social work,’ the author identifies essential characteristics that distinguish social work as a crucial factor enabling social security within the state. Firstly, social work is a professional activity conducted by social workers, who are required to adhere to certain standards. As professionals impacting the state’s social security, social workers must: demonstrate altruism and maintain professional boundaries with clients, as well as work-life balance in their professional pursuits; possess self-care skills; have the ability to establish, sustain, rehabilitate, and enhance social communications; and exhibit robust resilience (patience). Secondly, social work is an occupational activity governed by existing legal norms, thus holding legal significance. Thirdly, social work is a purposeful occupational activity, as it is directed towards promoting social solidarity and ensuring a dignified life for individuals, in alignment with the concept of human social security. Fourthly, social work is a profession founded on an axiological basis, requiring adherence to specific standards for its organization and execution, in line with the principles of social work. The authors place particular emphasis on the necessity to develop and endorse a Code of Ethics for Social Workers in Ukraine. This Code of Ethics ought to serve as a guarantor of the integrity and virtue of social workers, providing normative certainty for their formal duties, establishing a normative foundation for their social responsibility, and forming the basis of social work’s characteristics. Considering these factors, clients and society can form clear expectations regarding their interactions with social workers and the nature of social work in general.

ТЕОРЕТИЧЕСКИЕ АСПЕКТЫ И ИНСТРУМЕНТАРИЙ УЧЕТНОГО УПРАВЛЕНИЯ ПРОИЗВОДСТВЕННЫМИ ЗАТРАТАМИ

Formation of the accounting policy of the enterprise on the object of accounting expenses is a complex methodologically scrupulous issue. The policy of consumption and distribution of the resource base forms the basis for the formation of the concept of “costs” as an accounting category. In the accounting policy management system, there is a need to determine the position of recognition of the accounting object and the dominant factors influencing its classification. Since the procedure for its classification and reflection in the accounting and analytical process depends on how the accounting object is defined. In the study, the authors came to the conclusion that the cost indicator does not have a normative definition. Analysis of various scientific approaches to the disclosure of this definition showed that the cost of production in theory and practice is the sum of costs for the production and sale of products in monetary terms.

ПРОБЛЕМИ ТА ПЕРСПЕКТИВИ ГЛОБАЛІЗАЦІЇ, ГЛОБАЛЬНІ ПРОБЛЕМИ ЛЮДСТВА

The article examines the problems and prospects of globalization, identifies the problems associated with the impact of globalization processes on the development of world and national economies. It is noted that each state formulates and implements a rational strategy of economic development taking into account the priorities and norms of behavior of the main participants in global economic activity. It describes important global problems that affect people's lives, the functioning of national economies, affect both the Earth's surface and the world's oceans, etc. The Globalization Index of the countries of the world (KOF Globalization Index) was analyzed, the analysis was carried out using the assessment of 24 indicators, which are grouped into three main groups of global integration: economic, social and political globalization. The countries with the highest Globalization Index in 2022 and in recent years and the countries with the lowest Globalization Index are determined. The position of Ukraine in the general rating of globalization according to the indicators of the general index of globalization, economic globalization, social globalization and political globalization is considered. It was revealed that the created legislative and institutional mechanism for promoting globalization is insufficiently involved in economic, social and political processes. The main global problems are described: the demographic problem, the food problem, the energy and raw materials problem, the problem of peace and disarmament, ensuring environmental stability, social and economic problems, political problems and a number of others. All global problems are intertwined and cover the demographic, political, ecological, economic and social spheres of human life. There are ways to solve global problems that cannot be solved quickly, but a single international solution and regulation mechanism is needed, the definition of international legal and economic norms, the development of a set of specific measures to comply with environmental standards by the countries of the world is expedient, the future depends on the joint efforts of the peoples of the world the future of humanity.

Національний кодекс дизайну України як пріоритетна умова становлення і розвитку системи дизайн-освіти

The article considers the need to develop the National Design Code of Ukraine as a key stage in the formation and development of the national design education and design system. In the opinion of the author, one of the priority directions of this Code is the definition of standards and norms regulating design activities at the national level. He believes that for its development it is possible to take into account the experience of the development of the UK design education system, which is considered one of the best in the world. The researcher proposes at the institutional level to create the State Design Development Agency (DARD), under which to create a National Design Center for the problems of continuous design education in Ukraine and to develop the National Digital Code of Design on its basis: designing an aesthetic, reliable and convenient environment for sustainable development, which will be a systematic collection of principles and standards. For the comprehensive development of the digital code, it is necessary to develop a project of application of the “ten characteristics” of the national design of Ukraine, necessary for creating an environment of sustainable development: context; identity; forming; traffic networks and patterns of people's movement; natural components; public spaces; ease of use; preservation of health, comfort and safety; conservation of resources; quality of life. At the same time, it is necessary to foresee the justification and implementation of the ten principles of Ukrainian national design. The developed National Design Code of Ukraine will act not only as a regulatory document, but also as an important basis for structuring and developing the design education system. It will become the basis for the development of training programs and courses adapted to the requirements of the time and the needs of the market. The implementation of this code is a key stage on the way to the formation of highly qualified and creative specialists in the field of design in Ukraine.

ДЕЯКІ МІРКУВАННЯ ПРО НАЦІОНАЛЬНИЙ ЗАХИСТ ГРОМАДЯНСЬКИХ ПРАВ ЛЮДИНИ

The doctrinal and normative legal definitions of the concept of human civil rights, as well as national guarantees for the provision of civil rights, their types and possible ways of improvement are considered in the article. The authors analyze the concept, legal and philosophical basis of the implementation of human rights in the international and national aspect, relying on the texts of international documents, as well as the scientific research of foreign and Ukrainian scientists in the fields of the theory of the state and law, international law and constitutional law. The authors believe that the concept of human rights and, in particular, human civil rights, has not been unchanged throughout its history, and if at the first stages of its development it was connected with a person's belonging to the state ("citizenship"), it gradually almost lost this connection . An analysis of the modern meaning of the concept of "civil rights" shows that the modern Ukrainian translation of the title of the 1966 Covenant: "International Covenant on Civil and Political Rights" is misleading, ambiguous and does not reflect the essence of the concept of "civil human rights" in international context. There is a possibility that Ukrainian legal science will find another equivalent of the term "civil rights" in the sense of basic human rights. As a possible option, a fairly meaningful replacement option is offered - "fundamental (essential) human rights and freedoms according to P.M. Rabinovych. The authors draw attention to the fact that the concept of national guarantees of ensuring civil rights is not always given by scientists. To them in the broad sense should be attributed state, that is, which belong to this country and concern its people, reflect its character, features and social activity, positively acting conditions and means that ensure their actual implementation. Since the natural rights of a person and a citizen, enshrined in the Constitution of Ukraine, are not exhaustive, an important guarantee of the protection of these rights should become a modern understanding of spiritual values. Keywords: civil rights, natural rights, basic civil rights, fundamental (essential) human rights and freedoms, national guarantees of ensuring civil rights.

The Impact of EU Law On the Definition of Advertising By Polish Courts Using Pharmacy Advertising as An Example

Competition is one of the basic foundations of a free market economy, being at the same time the basis of freedom of economic activity. Competition has a positive impact not only on professional entities, motivating them to develop, but also on consumers, who, thanks to it, gain the possibility to choose. One of the pillars of competition is, of course, advertising. Advertising, which, as an economic phenomenon, is constantly evolving. This development has, of course, many positive aspects, but at the same time it obliges the authorities to take action to regulate it. The Polish legislator has rationed advertising in a number of specific acts, doing so mostly due to the need to protect superior values, such as human health or life. However, each aspect of advertising rationing first requires a definition of this concept, which under Polish law poses many problems of interpretation and practice. In this article, attention will be focused on the problem of advertising rationing on the part of the Polish legislator without simultaneous normative definition of this notion. The above imposes an obligation on the courts to define the notion of advertising in each case, which has led to the development of a certain scheme of definition, which includes, inter alia, reference to EU law. The main objective of this paper is to show the impact of EU law on the definition of the notion of advertising by Polish courts. The issue of legal definition of the notion in question is a complex problem, for the analysis of which the exemplification of pharmacy advertising was used. This example may be regarded as representative given the fundamental problems that will be addressed in the speech, while at the same time having special features of interest in the legal sense. In order to achieve this goal, a dogmatic-legal method has been used, which allows the examination of both the existing legal regulations and the jurisprudence and doctrine.

Wrestling with Ethical Issues in Studying Illiberalism: Some Remarks from the U.S. Context

Knowledge production has always been intrinsically correlated to politics and power hierarchy. In the U.S. academic system, producing scholarship on highly polarizing topics such as illiberalism faces specific challenges. Classic ethical and epistemological issues are more difficult to address in a neoliberal framework that pushes for interaction with the policy world and for external fundraising. Moreover, both institutionalized and peer pressures on a normative definition of “liberalism” and its “enemies,” which often does not allow for both conservative and leftist interpretations of liberalism, reduces the space for discussion and may push for some spirals of silence to take form. This paper reflects on these challenges on the basis of more than a decade spent at the George Washington University in Washington, D.C.

ПРАВОВЕ РЕГУЛЮВАННЯ ТУРИСТИЧНОЇ ДІЯЛЬНОСТІ В УМОВАХ ЦИФРОВІЗАЦІЇ УКРАЇНИ

The legal principles of the implementation of tourist activities in Ukraine are revealed; normative legal acts regarding the legal regulation of tourist activities in the conditions of digitalization of Ukraine were analyzed; the main normative acts regulating the activities of business entities in digital format are highlighted. The legal scope of procedures for state registration of business entities in electronic form and their electronic identification is considered. The issue of regulatory regulation of the processes of digital interaction of representatives of the tourism business with public authorities in terms of obtaining administrative services is analyzed. One of the directions of digitization is characterized – the creation of a platform of registers, the basic registers and others are disclosed. In accordance with the legislation of Ukraine, the following are included in the list of data sets subject to publication: License Register of Tour Operators, Register of Certificates Establishing Hotel Categories, Unified Tourist Register (EUTR). The Procedure for conducting the ETR was analyzed, the normative definition of the register was disclosed, the categories of users of this state electronic information system were listed, where the object is information about subjects of tourist activity and objects of tourist infrastructure. Legislation on information protection and its processing and regulations regulating information interaction in the digital format of the ETR with public electronic registers and other state electronic information resources are highlighted. In Ukraine, there are legal acts for the development of tourism activities in the conditions of the formation of the digital economy. The strengthening of the digital infrastructure of the domestic industry of tourism will be the implementation of the ETR in 2025. However, the specifics of the digitalization of tourism activities should be reflected in industry regulations, including law of Ukraine «About tourism». In addition, the presence of a significant number of regulations on the regulation of digital relations requires the unification of regulations into a single document on digitalization issues – the Digital Code, which will regulate socio-economic relations in the digital economy.

Definition of Legal Norms by Administrative Court

The court system is independent and it is exercised by the Constitutional Court of Georgia and the General Courts of Georgia.[1] As it is well known, the function of the court is to decide the disputed issue in favor of the side towards which the scales of law and justice lean, and not only to control the relevant systems, but also to promote their formation and development[2]. Court independence is a prerequisite for the fundamental guarantee of the rule of law and due process. A judge must inspire public confidence in the independence, fairness and impartiality of the law.[3] The purpose of this article is to determine the peculiarity of the interpretation of the administrative norm by the court. A parallel will be made with the approaches established in the European experience and literature. [1] Constitution of Georgia, Art. 59. [2] Bator M., What is wrong with Supreme Court, University of Pittsburgh Law Review, Vol. 51, Issue 3, 1990, 697. [3] Ethics of Judge &lt;http://hcoj.gov.ge/ka/&gt; [06.08.2023].

Normative determination of guarantees of political rights in the sphere of administrative justice

This study analyzes the normative definition of the guarantees of political rights of citizens. A dialectical methodology of knowledge of law is used, and law is interpreted as an attribute of social management of society. A legal norm is understood as a process of necessity, the elements of which are the hypothesis, disposition and sanction of the norm in their organic connection. It is shown that the political rights and freedoms of a person and a citizen are established by the disposition of the legal norm, and their guarantees are determined by the sanction of the legal norm. The public legal character of political rights conditions their guarantee by legal acts of the court of administrative justice, as a type of justice. The study concludes that improving the normative definition of the guarantees of political rights is an urgent task for the management and legal regulation of political relations in modern society.

Law enforcement functions of the state under the conditions of the state of martial

In order to clarify law enforcement functions, the article analyzes the provisions of the Constitution of Ukraine, Laws of Ukraine: «On National Security of Ukraine», «On the Legal Regime of Martial Law», «On the Defense of Ukraine», «On Military-Civil Administrations», Decree of the President of Ukraine. About the Comprehensive strategic plan for the reform of law enforcement agencies as part of the security and defense sector of Ukraine for 2023-2027 and scientific opinions, the category «law enforcement function of the state» was investigated. It was established that in the Ukrainian state there is a significant number of law enforcement agencies, as well as other state agencies, which, in addition to the performance of the main tasks, are entrusted with the performance of individual law enforcement functions. Attention is drawn to the fact that legislative acts in general do not provide a final idea of which bodies should be considered law enforcement. Attention is drawn to the fact that after February 24, 2022, Ukraine was subjected to full-scale military aggression by the Russian Federation, as a result of which a martial law regime was introduced in the country, which provides for a special legal regime and which limited the constitutional rights and freedoms of citizens, and the law enforcement functions of the state, its law enforcement officers bodies was significantly expanded in order to ensure national security, territorial integrity of the state. It was established that under the influence of an external factor, namely military aggression, the law enforcement internal function of the state underwent significant changes, which in turn affected the activities of all state bodies, including law enforcement agencies. The conclusions emphasize that the lack of a normative definition of the system of law enforcement bodies affects the implementation of law enforcement functions, inhibits the activity of law enforcement bodies, which in general negatively affects the law enforcement function of the state, and therefore the state needs to define the system of law enforcement bodies, which in general will have a positive effect on the implementation of law enforcement functions of the state. A theoretical definition of the concept of «law enforcement function of the state» is given.

Positive Clause on Public Order is the Basis for the Protection of Constitutionally Significant Values of the State

The article notes that the purpose and mechanism of protection of public order in private international law can be understood only at the origins of the rationale for this protection, — in the doctrine of F. K. Savigny. The reasons for the formulation of F. K. Savigny only two exceptions to the displacement of foreign laws by local law, and the characteristics of fixing these rules in Art. 30 of the Introductory Law to the GGU. Analyzed are attempts to misinterpret the doctrine of F. K. Savigny after the adoption of the Rome Convention “On the law applicable to contractual obligations” (1980) and the Decision of the EU Court (2016), which gave a final assessment of these attempts. The influence of the Dutch school on modern international private law in Russia is noted. The consolidation of super-imperative norms in the legislation of Russia and the Netherlands is investigated. It has been established that the first group of norms of direct application of Art. 1992 of the Civil Code of the Russian Federation, the super-imperative nature of which in private cross-border legal relations is directly indicated by the legislator, has, in accordance with the theory of private international law, not a material, but a conflict character. The definition of super-imperative norms of the legislation of the Russian Federation, which ensure the protection of the constitutionally significant values of the state, is given.