Development Of Legal Regulation Research Articles

Legal Regulation of Unmanned Vehicles: Foreign and Russian Experience

The main purpose of this article is to analyze the legal regulation of unmanned vehicles in the world and in Russia. The methodology is founded on various methods and logical techniques of information processing. The principle method is that of analysis: comparative-legal, structural-functional, and formal-legal. The article highlights the growing interest in self-driving vehicles and autonomous control systems in general, as well as the main advantages of using such technologies. It is determined that there is a constant building of capacity within the framework of information systems and technologies, an active search for labor resources, and a constant training of new personnel to expand the segment of autonomous management systems. The article discusses the intention of legislators from a number of states to develop a regulatory framework aimed at ensuring the testing of unmanned vehicles and their access to public roads, as well as the creation of entire networks of unmanned vehicles that can relieve the transport system and improve the economic and environmental well-being of the population. Within the framework of Russian realities, various government initiatives, initiatives of the President of the Russian Federation, and attempts to regulate unmanned vehicles at the legislative level are being considered. The authors have concluded that the issue of unmanned vehicle use, as well as the legal regulation of such vehicle use is on the agenda of many states. Russias achievements in the framework of the issue are highlighted separately. The question of the emergence of two models for the development of legal regulation of unmanned vehicles is raised: the Russian model and that (those) of other countries.

Prenuptial agreementin the law of the People’s Republic of China and the Russian Federation

The family legislation of China and Russia is analyzed. The main characteristics and specifi cs of the marriage contract are revealed. Further ways of development of legal regulation of the considered group of family relations are offered.

ВЕКТОРИ ТРАНСФОРМАЦІЇ ПРАВОВОГО РЕГУЛЮВАННЯ У СФЕРІ ЕНЕРГЕТИЧНОГО ВИКОРИСТАННЯ ВІДХОДІВ

The present article examines the problem of transformation of legal regulation in the field of energy use of waste taking into account both external and internal factors of influence. The main purpose of the article is to specify the vectors of this transformation. One of the vectors is the strengthening of energy specialization of the waste legislation. Within the framework of this issue, the innovations proposed by the draft Law of Ukraine on waste from 04.06.2020 are being considered. Special attention is given to such innovations as waste hierarchy, requirements for incineration and co-incineration of waste, as well as criterion of energy efficiency for incineration facilities. The place of particular energy operation with waste in the waste hierarchy depends on its environmental, resource-saving, energy efficient and other characteristics. The problems of legal regulation in the field of the management of waste from extractive industries with a high energy value are also studied. Another important transformation vector of legal regulation in the field of energy use of waste is a more complete reflection of waste specificity in the energy legislation. The analysis of the laws of Ukraine “On Alternative Energy Sources” and “On Alternative Fuels” shows that the specificity of waste as an energy source is not fully reflected in them. There are new approaches of the Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources to the regulation of relations in the field of waste as a type of biomass. It is advisable to apply some of these approaches in Ukraine. It is noted that the development of legal regulation along these vectors will contribute to the harmonization of goals of the waste legislation and the energy legislation.

РОЗВИТОК ПРАВОВОГО РЕГУЛЮВАННЯ ВИКОРИСТАННЯ ПРИРОДНИХ РЕСУРСІВ У ГОСПОДАРСЬКІЙ ДІЯЛЬНОСТІ В УКРАЇНІ

The formation and development of legal regulation of the use of natural resources in economic activity is analyzed. It is established that certain aspects of the legal regulation of the use of some natural resources can be found in Ruska Pravda, which was carried out mainly for tax purposes. The development of legislation on the use of natural resources in the Middle Ages and during the stay of Ukraine as part of the Russian Empire is analyzed. It is established that the use of natural resources on Ukrainian lands during their stay in the Polish-Lithuanian principality was regulated mainly by customary law. Agrarian reform was carried out as a result of the adoption of the act “Ustav na Voloky” (1557). In addition, in 1567 the Forest Charter was adopted, which was one of the first acts in Europe in the field of forest protection and use. It is substantiated that until the twentieth century there was a rather fragmentary regulation of the protection and preservation of natural resources, mainly with a view to protecting the ownership of certain natural objects, especially land. The regulation of the use of natural resources in economic activity in the Soviet period and after the declaration of independence is studied. Among the first acts adopted after the revolution was the “Decree on Land” of November 8, 1917, according to which the land became state property. However, only since the 60 of the last century special laws have been adopted aimed at legal protection of nature. Normative-legal acts of independent Ukraine from the standpoint of regulating the use of natural resources in eco- no mic activity are systematized into three groups: normative acts regulating economic activity in general and certain aspects of natural resources protection; regulations that mainly regulate the protection of natural resources in general and estab lish certain principles of their use in economic activities; regulations governing the protection and use of certain types of natural resources, including in economic activities. In addition, the periodization of the historical development of legislative regulation of the use of natural resources in economic activity is suggested.

ОБ’ЄКТИ ІНТЕРНЕТ-ПРАВОВІДНОСИН В УМОВАХ ЦИФРОВІЗАЦІЇ СФЕРИ ГОСПОДАРЮВАННЯ

The main trend of modern economic turnover and development is the global digitalization of all spheres and industries of the economy. For this reason new types of economic relations arise within their boundaries. The article examines the current situation and prospects for the development of legal regulation of Internet relations in the context of economic development. A number of problematic issues of the legal nature of individual objects of the economic rights that exist in a virtual (digital) format are analyzed. The issues of legal regulation of relations in the structure of which there is the so-called virtual element in a particular digital / virtual object are specifically analyzed. Special attention is paid to virtual assets, computer programs and software, artificial intelligence and the concept of the “Internet of Things”, etc. Emphasis is placed on the need for legislative consolidation of the concepts of virtual property and virtual objects, as well as objects with hybrid cyber-physical nature and their subsequent inclusion in the list of property in the economy of the business sector. Basic approaches to legal regulation of robotics based on artificial intelligence have been established. It is determined that the possibility of achieving a synergistic effect in the legal regulation of relations with virtual objects makes it necessary to make appropriate additions to the provisions of the Economic and Civil codes of Ukraine, as well as modernization of legislation in the field of intellectual property and innovation activities, investment legislation, legislation on property and property rights assessment, e-commerce, foreign economic activity on the Internet, protection of consumer rights of digital goods, etc. When adding and formulating these provisions into national legislation it should be taken into consideration the basis for international legal regulation of these issues submitted by acts of soft law, which are of a recommendatory nature. (These are the recommendations on artificial intelligence developed by the ETO-T Y.2060 (06/2012) Economic Telecommunication Organization “Overview of the Internet of things”).

Current Trends in Counteracting Thin (Insufficient) Capitalization in the Russian Legal System

The purpose of this study is to theoretically substantiate the stages of development of judicial approaches to the application of thin (insufficient) capitalization rules in the tax relations of Russian taxpayers with foreign companies, including transnational corporations, operating in Russia. The development of legal regulation and the corresponding judicial approaches regarding thin (insufficient) capitalization is retrospectively considered. In particular, the possibility of applying this rule, provided double taxation avoidance, was studied as well as its correlation with the application of other anti-evasive norms of tax law in Russia. In addition, the following was performed: (1) periodization of the stages of judicial practice development on the application of thin (insufficient) capitalization rules by Russian courts; (2) formulation of new approaches contained in the Decision of the Supreme Court of the Russian Federation dated 14 September 2020 in case No. A60-29234/2019 (Mega-Invest Limited liability company (LLC)). The practical significance of this article consists of proposals for eliminating the inadequacies of judicial practice in the aspect of thin capitalization as well as a recommendation to take into account the direction of development of such judicial practice in the preparation of tax regulatory acts and to prevent illegal methods of tax minimization. Tax relations, taxpayer, judicial practice, interest rate, dividends.

Establishment and Development of the Adversarial Principle in the Criminal Process

The article is devoted to studying the history of the origin and development of adversarial principles in criminal proceedings. The evolution of the adversarial principle in the criminal process is studied in chronological order, in historical retrospective. Based on the development of legal regulations and the level of public administration, specific historical periods related to the development of the adversarial principle in criminal proceedings are distinguished. A retrospective suggests that adversarial proceedings should be taken as the basis for the organization of the entire criminal process. Only in this case, it is possible to clearly separate the functions of prosecution, defence, and resolution of criminal proceedings at all its stages and give the parties equal opportunities to provide evidence and defend their positions.

Importance of Public Interests in Patent Law

The article is focused on studying and explaining the legal nature and content of public interests from point of view оf the patent protection system in the context of globalization processes. The problems of the influence of patent rights on the possibility of individuals to realize their rights in the health care sector are identified. The concepts of private and public interests, their ratio, content featurs in patent law are analyzed. The defining value of interest is fixed at the normative level in civil law, where intellectual property law is its sub-branch. In general, private interest can be both property and non-property. In this context, the provisions of national and international legislation of the necessity оf balance the interests of society and patent holders are analyzed; on restricting the rights of patent owners with the aim to ensure the public interest; about necessity in certain cases to break the monopoly of patent owners through compulsory licensing, etc. The tendency to strengthen the protection of public interests has been revealed. Attention is paid to the issue of distinguishing between the private interests of patent holders and the interests of society. It is clarified why these interests collide and what rules justify such conflicts. The conclusion that necessity to ensure a balance between private and public interests is substantiated as the urgent task of modern legislation in the legal regulation of patent relations.
 One of the legal ways to achieve a balance between the interests of society and patent holders is a compulsory license. The institution of compulsory licensing fully corresponds to the peculiarities of patent legal relations and does not deprive the patent owner of the protection of his exclusive right. But it does not prevent the latter to independently use and effectively commercialize the relevant technical solution. Compulsory license is possible to apply precisely in those cases when the harm to the public interest from the exercise of the exclusive patent right exceeds the benefits received by the right holder.
 The authors have determined the direction of the development of legal regulation of patent relations in this area taking into account the requirements of international treaties.

ISSUES OF INFORMATIZATION OF THE PENITENTIARY SYSTEM

The article is devoted to the issues of legal regulation of the activities of the penitentiary system, including the legal aspects of informatization of the penitentiary department. The author analyzes the retrospective of the development of legal norms regulating the processes of information support for the execution and serving of criminal sentences. The interrelationships of the development of legal regulation of the processes of informatization of public administration bodies, in general, and divisions of the Federal Penitentiary Service, in particular, are investigated. The paper presents a comparative analysis of a number of legal regulations that currently define various aspects of the information activities of prison staff, in particular, the goals, objectives and methods of implementing this area of activity. On the basis of the conducted research, proposals are formulated to optimize the processes of digitalization of institutions and bodies that execute criminal penalties, and the mechanism for implementing this activity.

Recent trends in the development of legal regulation in the sphere of ensuring information security of the judicial system in the Russian Federation

This article explores the questions of information security in the conditions of digital transformation and improvement of state administration. The author analyzes the impact of these challenges upon the judicial system overall and legal support of information security. Considering the existing scientific research and foreign experience, the conclusion is made on modernization of digital interaction on the issues of notifying the parties about the court hearing. Special attention is given to the institution of identification. Vectors in the development of complex institution of identification in the conditions of digital transformation are outlined. The author analyzes the case law material of the courts of general jurisdiction pertaining to personal data protection of a particular category of citizens; as well as substantiates the importance of digital notification of the parties to court proceedings for preventing the abuse of procedural rights by unconscientious participants. The author believes that formalization of prohibition on posting court documents online, in cases involving military personnel or persons doing military service, would ensure personal data protection of a particular category of citizens. . The conclusion is made that the highlighted issues of ensuring information security in the context of administration of justice testify to poor legal regulation of the institutions of identification and personal data. The consolidation of the uniform principles of legal regulation of relations that arise in the process of consideration and resolution of court cases with the use of information and telecommunications technologies, would allow countering the new challenges and threats in the information sphere, as well as the impact of globalization upon determination of the national strategy for the development of information society.

GENESIS OF LEGAL REGULATION OF CONSUMER RIGHTS IN UKRAINE

The article examines the development of legal regulation of consumer rights in the basic legislation of the USSR and modern Ukraine. This was achieved through the definition of basic consumer rights in the global sense given to Consumer International and acts of International Law, as well as in the Constitution of Ukraine. The list of basic acts in this area in the modern period was supplemented by the Economic Code of Ukraine. In the context of consumer protection, this is justified by the fact that in contrast to the rules of Civil Law aimed at legal regulation of the general rights of consumers without taking into account the individual characteristics of consumers in the market, economic legislation aims to take into account such features. Possible violation of consumer rights and settlement of issues not regulated by private law. There are four main periods of development of law in this area. The period of origin of legal regulation (from 1922 to 1963) can be described as a period in which the rules of law were mainly aimed at protecting the interests of the seller, his counterparty was actually determined by the buyer-enterprise, the consumer in such legal relations was almost not taken into account. In contracts of sale performed functions uncharacteristic of it of the act of the economic legislation. The period of improvement of legal regulation (from 1963 to 1991) is characterized as economic-civil. During this period, there are legal norms for buyers (organizations) and buyers (individuals). Consumer rights and mechanisms for their implementation in this period are expanded, improved and concretized (with some rules and definitions were better than modern counterparts). The period of legitimization and development of legal regulation (from 1991 to 2014) can be defined as the period in which the formation of the main basic regulations in the field of consumer protection of Ukraine. But in the legal field the boundaries and the order of their legal application and interaction were not properly regulated. The current period of legal regulation (since 2014) is characterized by the proclaimed European integration aspirations of Ukraine. Despite the incompleteness of the period, its main trends show that these aspirations in the field of consumer protection remain declarations. Much more often under the "mask" of adaptation to the norms of European Law there are directly opposite processes. Basically, it can be described as a period of stagnation. Also in the article, the shortcomings and advantages of regulating the basic rights of consumers in the basic acts of law at each historical stage were analyzed and the dynamics of transformation of certain legal norms was studied. In addition, the possibilities of im proving the definition of rights enshrined in the Constitution of Ukraine were considered, the need to disclose the potential of the Economic Code of Ukraine in regulating consumer rights and their protection, as well as limited opportunities for regulation only within the Civil Code of Ukraine.

The role of alcoholic and narcotic substances in population mortality due to external causes and development of legal regulation of responsibility for their consumption

The study established that in the Chelyabinsk Oblast remains high percentage of violent deaths because of presence of ethyl alcohol and narcotic substances detected in blood of the perished. The increase of concentration of ethanol in blood of the dead testifies the need for inter-sectorial measures, including toughening of legal responsibility for alcohol and drugs consumption. Actually,there is no regulatory documents of the Russian Federation that fix the issue of both progression of toughening this responsibility depending on concentration of ethyl alcohol in organism of offender and responsibility scale depending on specific drug or other substance.

Становление и развитие правового регулирования организации и осуществления государственного экологического мониторинга в России

Становление и развитие правового регулирования организации и осуществления государственного экологического мониторинга в России

FORMATION AND DYNAMICS OF ANTI-TERRORIST PROTECTION OF OBJECTS: PRIVATE LAW ASPECT

The relevance of the article is due to the lack of scientific research devoted to the investigation of private law aspects of anti-terrorist protection of objects. Traditionally considered within the framework of public law legal sciences, the activity on countering terrorism has not had time to find its reflection in the works of domestic civil scientists. The author of this publication takes a new attitude to the question of what – public or private – legal-means provide this protection at various stages of social development. The author’s idea is aimed at finding and identifying the period of formation of legal regulation of relations of anti-terrorist protection of objects, highlighting its private legal aspects, considering its dynamics in different historical periods of the state’s development, as well as studying its current state. The solution of these problems is the purpose of this research. The methodology chosen by the author is due to the goal set. The author uses a historical approach to the study of relations in the field of anti-terrorist protection of objects in order to determine the stage of formation of legal means of regulating these relations. The dialectical method allows us to trace the change and development of legal regulation in a particular historical period. The use of general logical research methods contributes to the objective consideration of the available facts separately and in relation to the state of public relations that existed at a particular time. During the scientific search, it was found that the legal regulation of the studied relations was formed in the second half of the XIX century, had a public-legal character, was due to the increased level of terrorist threats and contained a private-law aspect. The author proves that the change in the legal means of regulating relations on the antiterrorist protection of objects depends on the emerging social relations, based on their analysis, three stages were identified: «pre-revolutionary», «Soviet» and «modern». It is proved that the current stage of the development of civil turnover is characterized by a combination of public and private legal ways to ensure the studied protection. It is identified that the corresponding type of contract for the provision of services acts as the main civil legal mean.

Доктринальные основы социальной защиты в контексте правовых и теологических регуляторов (на примере Республики Казахстан)

The article analyzes a relationship between legal norms and theological codes in the field of social protection of citizens unable to work. The authors present a scientific analytical study in terms of the interconnection, interdependence and co-relation of scientific and non-scientific - theological views in the field of obligations and legal guarantees of protection from social risks of special categories of citizens, which include children, the elderly, the disabled, women with children. There is drawn a parallel between the norms of law and moral norms, religious beliefs in terms of the fundamental commandments about proper behavior, good and evil, and legal norms governing legal relations in the field of social protection on the example of the legislation of the Republic of Kazakhstan. Theological views are investigated considering the peculiarities that take place in the main religious directions included in the catalog of world religions: Christianity, Islam, Judaism, Buddhism, Hinduism. At the same time, a significant attention is paid to Orthodox Christianity teaching. Based on the study of legislation and basic theological sources, it has been proved that many basic issues of social security for certain groups of people have been laid down as doctrinal obligations before the development of legal regulations. Religious attitudes still play a major role today.

Защита прав участников ипотечных правоотношений в законодательстве Германии

Relevance. For many years in the Russian Federation there has been a steady growth in mortgage lending, which makes it especially important to find ways to improve the legal regulation of mortgage legal relations on the basis of analysis of domestic and foreign experience in this area. Mortgage lending is the most important source of funds for purchasing real estate by citizens of the Russian Federation and foreign countries. In this connection, legal regulation of relations connected with such lending requires continuous development based on a balanced consideration of the interests of debtors and creditors as participants in mortgage legal relations. The analysis of foreign experience in the regulation of mortgage legal relations, including the experience accumulated and fixed in the German legislation, is most important for the solution of this problem. The purpose of the study is to develop theoretical provisions aimed at improving the legal regulation of mortgage legal relations in order to protect the rights of their participants. Objectives: to reveal features of legal regulation of relations connected with granting mortgage loans and pro-tection of rights of their recipients in German legislation; to investigate features of providing balance of interests of mortgage debtors and creditors in German legislation; to determine directions of further development of legal regulation of the considered questions. Methodology. The author relied on the dialectical-materialistic method, the systematic method, methods of analysis and synthesis, the formal-legal method. The results of the research are are of theoretical and applied nature and are aimed at improving the quality of legal regulation of civil relations. Conclusions. The conclusions made in the article are of debatable character, directed to the continuation of researches within the framework of the declared subject, directed to the development of the basic principles allowing uniformly to solve the problems connected with development of legal regulation of questions of mortgage crediting in the Russian Federation taking into account foreign experience. The article is a continuation of the author's research on the issues related to the legal regulation of mortgage lending in the Russian Federation and abroad.

Технологии электронного расследования и современный формат технико-криминалистического обеспечения расследования уголовных дел

The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.

The genesis of the development of legal regulation of civil servants’ legal liability

The genesis of the development of legal regulation of civil servants’ legal liability

Принцип полного возмещения вреда и его отражение в законодательстве Российской Федерации

Relevance. One of the basic approaches for civil law is to allow the injured party to claim full compensation for the harm caused and the losses incurred. The widespread use of this approach is based on universal ideas about the reasonableness and fairness of full compensation to the injured party for the diminution of its property sphere at the expense of the offender or other harm-doer. Compensation of damages, directly related to the implementation of the principle of compensation for harm, plays a crucial role among all the means of protection of subjective civil rights specified in the list given in article 12 of the Civil Code of the Russian Federation. The purpose of the study is to develop theoretical provisions defining the specifics of implementation of the principle of full compensation for damages at the current stage of development of market economy and social relations in the Russian Federation. Objectives: to identify the problems associated with the implementation of the principle of full compensation for harm in the civil law of the Russian Federation; ; to determine the features of the balance of interests in the recovery of compensation and other cases of compensation for harm caused; to determine the directions of further development of legal regulation of the issues under consideration. Methodology. When writing the work, dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method were used. The results of the research are of a theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations. The conclusions made in the article are of debatable character, are aimed at continuing of researches in the framework of the stated theme, are aimed at development of the main principles that allow to solve in a unified way the problems connected with realization of the rights to full compensation of damage to the injured party at the expense of its causer. The article is a continuation of scientific studies of the author on issues related to the problems of civil liability.

Понятие и признаки семейного предпринимательства

Relevance. The current lack of a holistic scientific understanding of family entrepreneurship as a special legal phenomenon is due to the lack of scientific research on this topic, the lack of consistency in their implementation. The lack of coherent doctrinal approaches, in turn, leads to the fact that legislative regulation on issues related to family entrepreneurship is developing in a non-systematic way, within the framework of individual legislative acts, without taking into account the specifics of existing problems and gaps in legal regulation. The science of civil law reveals a number of inconsistencies between the approaches to the regulation of entre-preneurial activity and the regulation of family legal relations. This necessitates the development of a holistic scientific understanding of family entrepreneurship as a special legal phenomenon. The purpose of the research is to develop theoretical provisions aimed at creating a holistic scientific under-standing of family entrepreneurship as a special legal phenomenon, taking into account the peculiarities of entrepre-neurial activity with the participation of family members, the need to protect the rights of participants of such activities and third parties. Objectives: to determine the totality of features of family entrepreneurship as a special legal phenomenon; to determine the features of the balance of interests in the conduct of business in the form of family business; to identify areas for further development of legal regulation of the issues under consideration. Methodology. In carrying out this study, the dialectical-materialistic method, the systematic method, methods of analysis and synthesis, the formal-legal method were applied. The results of the research are of a theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations. The conclusions made in the article are of debatable character, are aimed at continuing research in the framework of the declared subject, at developing basic principles that allow to solve problems related to family entre-preneurship in a uniform way. The article is a continuation of the author's research on the topic under consideration.