Domestic Jurisprudence Research Articles

To the Question of the Peculiarities of Modern Domestic Integrative Approaches to Law in the Conditions of Building a Legal State

Introduction. Currently, in the theory and philosophy of law, discussions continue about such an approach to law that would meet the challenges of our time. The special interest of the scientific community and practitioners is riveted to the integrative legal understanding and its methodological possibilities in the conditions of building the rule of law. Theoretical Basis. Methods. The purpose of this work is to analyze the most popular original domestic concepts of legal understanding and evaluate their scientific potential in solving the most pressing theoretical and practical problems of modern Russian society and the state. To achieve this goal, a conditional periodization of the formation of an integrative approach to law is carried out and factors-catalysts of its dynamics are identified; the features of modern domestic concepts of integrative legal understanding (phenomenological-communicative, dialogic, the concept of scientifically based integrative legal understanding) are revealed from the point of view of the possibility of building a universal concept of law and increasing the efficiency of the legal system. There were methods of analysis and synthesis of legal ideas and teachings of the past and present, comparative analysis of modern concepts of integrative legal understanding, the method of induction and deduction, and the method of system analysis used. Results. Each of the three conditional periods of the formation of integrative legal understanding was due to objective integration processes in science, as well as socio-cultural conditions of development, recognizable in a change in the scientific style of thinking (movement from classical to post-classical type of rationality). The discursiveness of the processes taking place in modern legal science, expressed in the search for various concepts of legal understanding, speaks of the viability of legal science and the living process of becoming appropriate type of legal understanding to the current realities. The most popular in domestic jurisprudence – phenomenological-communicative and dialogic approaches open any of the aspects of law as a phenomenon of spiritual life and in their own way correspond to the principles of post-classical science, but remain philosophical and legal doctrines, abstracted from specific legal realities. The concept of scientifically based integrative legal understanding, being essentially a theory of the middle level, has the potential not only to solve one of the key issues of legal science, but is able to streamline the legal thinking of modern lawyers and become a vector in increasing the level of efficiency of law as a system. Discussion and Conclusion. The process of legal understanding is directly conditioned by a complex of factors, among which are the leading type of scientific rationality, the political and legal situation in the state, the possibilities and accumulated experience of legal science in general. Appearing more than a century ago in a single quantity, going against the majority of established approaches, an integrative approach to law is gradually becoming a feature of modern theory and philosophy of law. Some of the concepts, explaining the essence of law as a sociocultural phenomenon, remain in the field of philosophy of law. For other concepts, an important task is to use the potential of all socio-humanitarian studies to solve the main problems of legal science and practice. The concept of scientifically based integrative legal understanding in line with the metamodernist paradigm seeks not only to construct a definition of law from the point of view of its consistency, internal unity and consistency, but clearly articulates legal and non-legal phenomena and regulators, which contributes to streamlining legal thinking and correlates with the practical tasks of the modern Russian state.

Правовая и социальная природа территориального общественного самоуправления и развитие муниципальной демократии в условиях реформирования местного самоуправления

The article examines scientific approaches to understanding the legal and social nature of territorial public self-government in domestic jurisprudence and municipal government, reveals the directions and some problems of the development of municipal democracy in the context of the implementation of constitutional reform and reform of local self-government in Russia.

Judicial Activity and Its Types: Cybernetic Approach

The article raises the question of the possibility to study comprehensively all areas of the court functioning as a single activity in its nature to implement the judiciary. It is stated that in the legislation judicial activity is regulated heterogeneously. Attempts of its comprehensive study have been made repeatedly in domestic jurisprudence, but now there are practically no works in which judicial activity would be studied as a whole. The authors believe that such an approach is necessary and suggest using a cybernetics methodology to justify it. As a methodological basis of the study, it is justified that any implementation of power is social management. Therefore, the exercising of state power can be considered as a part of the management process. It is also noted that judicial activity is inextricably linked with law enforcement, which can be viewed as a stage in the integral mechanism of legal management and at the same time as a process of local management. In general, the subject of such governance is the state, but specific powers are divided among different bodies, so different stages of governance can be carried out by different entities on behalf of the state. On this basis, judicial activity is classified into three types, each of them has peculiarities of a managerial nature: 1) law enforcement (casual) justice; 2) normative (general) justice and clarification of judicial practice; 3) implementation of legislative initiative by the courts. It is justified that the activities of organizational support for the activities of the courts (judicial administration) cannot be categorized as judicial activity due to its different nature: it is not the exercise of judicial power. In conclusion, it is stated that judicial activity (with the exception of the implementation of a legislative initiative) is homogeneous in its managerial nature, which creates a prerequisite for its comprehensive study.

Relations of the departments of the Ministry of Internal Affairs of Russia with the mass media and the means of increasing the effectiveness of information and propaganda work

The object of the study is public relations that develop in the process of interaction between the Ministry of Internal Affairs of Russia and the mass media. The subject of the article is the rights and responsibilities of the Ministry of Internal Affairs of Russia in the media sphere, practical aspects of their implementation in the process of administrative activities of the police. The rights granted by the legislator allow the Ministry for the proactive formation of the information agenda. The novelty of the research is expressed in the results and conclusions obtained. For the first time in domestic jurisprudence, a classification of the rights and duties of the police implemented in the media sphere has been developed, and a criterion has been identified that served as the basis for the classification. The current legal instruments and their importance in media communications have been analyzed. Information and business letters, previously overlooked by researchers, have been considered as an institution for forming partnership relations with the media. Evidence has been presented of the need to follow professional ethical standards and the editorial board's interest in observing them. Practical recommendations aimed at forming truly partnership relations with the media have been proposed. A promising topic for further study has been identified, namely, the development of a methodology for responding to negative, untrue aspects of police activity demonstrated in films. The results obtained are intended for use in practical activities by specialists of media relations departments and heads of territorial internal affairs bodies. The implementation of rights and responsibilities allows the Ministry of Internal Affairs of Russia to act as a full-fledged subject of the media sphere, manage media processes, and solve a wide range of operational and service tasks.

Grounds of Administrative Liability

The article is aimed at forming a doctrinal approach to understanding the grounds of administrative liability. It highlights the role of grounds of administrative liability in ensuring the effective functioning of administrative-offense law, reliable administrative-legal protection of public legal relations, and practical application of administrative penalties. The absence of legislative definition of the grounds of administrative liability is noted, as well as the lack of a coherent approach to their understanding in domestic administrative-legal doctrine.
 The necessity of forming a unified concept of grounds of administrative liability is substantiated, based on the achievements of domestic jurisprudence and the objective gaps in jurisdictional practice. The particular importance of taking such a step in the context of reforming administrative-offense legislation and reconsidering traditional categories of administrative-offense law is emphasized.
 The most common classifications of grounds of administrative liability in modern legal science are systematized. A comparative analysis of these grounds is conducted, revealing fundamental differences in various scientific views regarding their nature, essence, content, and list.
 An authorial concept of grounds of administrative liability is formulated, within which it is proposed to differentiate such grounds: normative grounds – a set of material and procedural norms of administrative-offense law underlying the qualification of an administrative offense, conducting proceedings in the relevant administrative case, imposition and execution of administrative penalties, or other measures of administrative influence on the person guilty of committing an administrative offense, and so on; factual grounds – the commission of a specific administrative offense (misdemeanor) as a fact of objective reality, which determines the emergence of real administrative-offense relations; jurisdictional grounds – the issuance, concerning the person who committed the factual violation, of a decision on imposing administrative penalties or applying other measures of administrative influence.

International human rights law in the era of digital disinformation and propaganda: case studies from Myanmar and Ukraine

Today, more than ever, the Internet and social media have become our primary sources of informa­tion, offering us a window to the world. However, this freedom to access and disseminate information has neg­ative consequences, as it allows for a rapid spread of disinformation, propaganda, and hate speech. From the perspective of international human rights law, questions arise regarding the obligations and responsibilities of states. In this discussion, the authors argue that one of the primary tasks of states is to take necessary and ap­propriate measures to simultaneously protect the freedom of expression and prevent the spread of propagan­da and disinformation. Balancing these conflicting interests is a complex challenge. To better understand them, the authors analyse selected examples from international and domestic jurisprudence and practice, such as the Rohingya genocide in Myanmar and the war in Ukraine. These cases serve to illustrate how state-sponsored propaganda and disinformation can lead to violence and result in grave human rights violations.

The “Level-Based” System of Cognition of Law As an Epistemological Matrix of Jurisprudence

The direction of theoretical thinking was previously outlined by dialectical materialism (the philosophy and methodology of Marxism), which established general principles of knowledge, including in the field of studying legal reality. After downplaying the importance of this scientific cognitive system, a situation of methodological chaos arose. Legal ideas (concepts, theories, doctrines) began to be formulated in isolation from each other, without any obvious common guidelines. Sometimes this led to positive results and the emergence of new original approaches, but it did not become a general rule. People began to talk more and more often about the crisis of domestic jurisprudence. Despite the bias of such statements, it is necessary to recognize the presence of certain problems: “endless interpretations” and “reinterpretations”. To achieve new results, it is necessary to improve cognitive tools and discover new facets of seemingly already familiar phenomena. In this capacity, it is proposed to pay attention to the underestimated epistemological potential of the “level” system of cognition. In a truncated form, it existed “in the shadow” of the previously mentioned scientific cognitive system, in some aspects it was part of it, but its instrumental capabilities in the field of jurisprudence were used very limitedly. The purpose of this study is to demonstrate the epistemological potential of the “level-based” system of cognition of law in relation to the needs of legal science. Research methods: at the stage of collecting empirical information: abstraction, induction, empirical analysis; at the stage of theoretical understanding: idealization, constructive introduction of theoretical objects, logical reduction; at the metatheoretical level: general scientific and philosophical justification. As a result of the study: the logical structure of the “level-based” system of cognition of law was clarified in terms of: a) identifying its two sublevels: legal metaphenomena of the theoretical level and legal metaphenomena of the philosophical level; b) establishing a “border of meaning” that unites bordering levels of knowledge; it was proposed to introduce the term “legal metaphenomena” into scientific circulation; the cognitive potential of the “level” approach has been explored in the following issues: systematization of legal categories through the study of categorical relationships, interdisciplinary interaction, transdisciplinary approach, formation of an epistemological agenda.

ՖԻՆԱՆՍԱԻՐԱՎԱԿԱՆ ՆՈՐՄԵՐԻ ԿԻՐԱՌՄԱՆ ԵՎ ԻՐԱՑՄԱՆ ՓՈԽՀԱՐԱԲԵՐՈՒԹՅՈՒՆՆԵՐԸ ԵՎ ԳՈՐԾԱԾՈՒԹՅԱՆ ԱՐԴՅՈՒՆԱՎԵՏՈՒԹՅՈՒՆԸ / INTERACTION OF THE APPLICATION AND IMPLEMENTATION OF FINANCIAL AND LEGAL REGULATIONS AND THE EFFECTIVENESS OF THEIR USE

The article is focused on the legal acts of application and implementation of the norms of financial law aimed at legal regulation of individual links in the general financial system of the state, the establishment of their types, the effectiveness of use and the disclosure of legal features. In the field of domestic jurisprudence, this is the first attempt, based on an analysis of current financial and legal legislation, to determine the practical effectiveness of the application and implementation of financial and legal norms that affect legal relations. In the development of legal acts of application and implementation of legislative and executive bodies, based on the analysis of the processes of application and implementation of financial law norms, an exemplary model for the development of legal acts of application of financial law is proposed, which is a combination of unified economic, social, ideological values, the share of reflection of which in legal acts of application of financial law norms will ensure the high efficiency of the latter in the sphere of activity of financial and credit authorities and institutions.

Issues of Criminal Liability of Legal Entities in the Works of Scientists of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

The Institute of Legislation and Comparative Law under the Government of the Russian Federation (ILCL) is the only scientific legal institution in Russia that has been conducting crosssectoral research on issues of criminal liability of legal entities for many years. In the context of the scientific and legal assessment of corporate criminal liability, the author examines the works of scientists of the Institute published in the Soviet and post-Soviet periods of the development of domestic jurisprudence. The article describes the research of international documents containing recommendations on the introduction of criminal liability of legal entities, as well as provides models of this kind of liability in the legislation of some foreign countries. The features of the responsibility of legal entities for certain types of crimes, such as corruption, economic and entrepreneurial orientation, are revealed. The purpose of the study is to analyze the formation and development of scientific ideas about the criminal liability of legal entities in their relationship with changing socio-economic relations and political processes in society, to identify on this basis trends in the development of corporate criminal liability and to predict possible options for the implementation of this institution in Russian criminal legislation. The methodological basis of the research is the dialectical method of cognition, general scientific methods of analysis, synthesis and abstraction, and special legal methods. The results obtained and the main conclusions. In the works of scientists of the Institute, the nature and types of criminal liability of legal entities, on the one hand, are considered from the point of view of historical retrospect, on the other hand, they are revealed as a direction of development of criminal legislation, which has experimental models of approbation in the jurisdictions of many foreign countries. The essence of the institution of criminal liability of legal entities is to apply sanctions to these entities in criminal procedure for committing acts provided for by national criminal codes or other laws. At the same time, legal entities can be recognized as subjects of a crime, and only as subjects of criminal liability. In turn, sanctions for them can be both criminal penalties and other measures of a criminal nature. The legislative consolidation of such responsibility in Russian law will not require fundamental changes in it. The doctrinal foundation for substantiating the relevant legislative decisions is the works of scientists from the ILCL.

Evidence and proof under the French criminal procedure

This article discusses evidence under the French Code of Criminal Procedure, with its many and significant distinctive features, which are useful and curious to both theorists and practitioners alike. First, instead of an investigator, we see a forensic investigator. Secondly, the familiar concept of «investigative action» has been transformed into «judicial investigation». This had a significant impact on the rights and obligations of the participants in the process. In addition to the evidence traditionally understood in Russian jurisprudence, the Criminal Procedural Code of the French Republic also contains a list of actions that domestic jurisprudence usually refers to operational-investigative activities. This led to the emergence of unusual rights for prosecutors and judges, leading to an increase in guarantees of individual rights and freedoms. Relevant for the domestic jurisprudence of the question of evidentiary value of nonprocedural information in accordance with the Code of Criminal Procedure of the French Republic becomes not only admissible, but also attractive.

Justice under the Rule of Law as an Object of Knowledge of Domestic Jurisprudence

The judiciary plays an important role in a democratic, law-based state. The independent judiciary is responsible for handling cases, resolving conflicts and evaluating the compliance of laws with the constitution, and also guarantees human rights and freedoms by controlling the legality of actions of other branches of state power. And this factor determines the relevance of research. The existence and effective functioning of the judiciary and the rule of law are key aspects of any modern democracy.
 The purpose of the article is to cover justice under the rule of law as an object of knowledge in domestic jurisprudence.
 It is proposed to classify scientific sources, covering certain aspects of the administration of justice under the rule of law, into three groups.
 The first group of such sources consists of scientific papers, the subject of which is the organization and functioning of judicial authorities. The papers of this group clear up the provisions characterizing the court and justice: the organizational structure of the judicial system; appointment procedures and requirements for the qualification of judges; mechanisms of interaction with other branches of power; judicial process and guarantees of citizens' rights; effectiveness and reforms of the judicial system, etc.
 The second group of sources consists of scientific papers, the subject of research of which is the rule of law. The requirements of the rule of law to a large extent concern the judiciary and fair justice determining the isolation of this group of sources.
 Researches in this field help to understand how the rule of law affects judiciary, the role of the judicial system in providing it, and how this principle contributes to stability, justice, and abidance by law in society.
 The third group of sources consists of scientific papers, the subject of study of which is the determination of directions for improving the activities of the judiciary under the rule of law. These studies can serve as a basis for developing strategies for reforms and improvements in the judicial system with the aim of bringing it closer to high standards of the rule of law and meeting the exigencies of society.
 It is summarized that numerous scientific studies of the problems of the judiciary and the rule of law lay a solid foundation for the further development of the relevant provisions in order to strengthen the effectiveness of the judiciary. However, the indicated problems require systematic study, taking into account the need to improve social standards.

Antinomies of Anglo-American and Domestic jurisprudence in understanding the children’s rights issues

The article analyses the views of Anglo-American jurisprudence on the issues of children's rights in the context of similar national scientific works.
 Within the Ukrainian legal thought, the issue of childhood legal mediation and understanding of the child's status is traditionally addressed on the basis of theoretical (primarily positivist) ideas about the subjects of legal relations, the theory of the legal status of a person, and ways of protecting rights developed by fundamental legal science, civil and family law.
 The formation and development of the best interests of the child theory in Anglo-American legal science is essentially an alternative scientific approach to solving the problem of the volitional factor as a prerequisite for the acquisition and exercise of rights by a child. According to some scholars, this allows avoiding conceptual contradictions when addressing the issue of including children among persons who have subjective rights and bear legal responsibilities.
 At the conceptual and legal level, the best interests of the child in Anglo-American jurisprudence are considered to be an important legal category that requires consideration on the highest level of the child's needs and ensuring his or her well-being, safety and harmonious development in society. This category requires constant consideration of the interests of the child in various life situations and conditions of a competitive society.
 With the concept of “ensuring the best interests of the child” formalised in Ukrainian positive law in 2016, the interest of the national scientific community in creative understanding of the current views of representatives of Anglo-American jurisprudence on the issue of children’s rights will continue to grow, since the interests of children, despite scientific disputes and other circumstances, always require legal protection and legal support.

Legal paradigm in the theory of law

The article is devoted to the analysis of the legal paradigm and its cognitive possibilities in modern legal theory. The problem of paradigms, which became relevant thanks to the concept of Thomas Kuhn, does not stop bothering the scientific community. Of particular interest to study is the legal paradigm, the relevance of the study of which in our time can be seen in the fact that this legal construction allows solving the issue of applied significance.
 State-legal transformations in our country caused changes in the methodology of scientific knowledge, prevailing legal ideals and values, the emergence of new theories of understanding law in the legal paradigm, which, in turn, determine the vector of development of legal science. The study of paradigmatic problems in the theory of law is also connected with the epistemological needs of legal science itself. The current state of domestic jurisprudence is characterized by multi- paradigmism, the presence of many competing theories, teachings, and schools.
 The article examines the impact of general theoretical foundations of legal paradigms on law-making activity. The terms «paradigm», «legal paradigm», «paradigm of legal thinking» are clarified. The paradigmatic legal issues in the theory of the state and law have been studied. The study showed that the legal paradigm affects legal practice and determines the direction of legislation development. In turn, the possibilities of law enforcement practice for the legal paradigm consist in the use of law enforcement resources and experience. The evolution of the paradigm in the context of modern legal changes has indisputable theoretical and practical significance. The article reveals the place and role of the paradigm in modern scientific legal knowledge, traces the evolution of the «legal paradigm» category, reveals its relationship with other legal categories. Views on the relationship between the legal categories «law» and «law» in the context of the paradigmatic legal theory are outlined. Problematic issues that require thorough study in modern legal science are outlined.

Legal institute of preferences: concept, composition and system

The author formulates the concept, constitutional and legal basis, composition and system of the legal institution of preferences of the Russian competition law. The relevance of the study is determined by the fact that by now this legal education has not only not been studied in domestic jurisprudence, but is not positioned at all in the doctrine of competition law. Moreover, some legal scholars consider it alien to competition law. The purpose of the study is to substantiate the functioning of a separate legal institution of preferences in the system of competition law, the political and legal basis of which is the constitutional and legal provisions defining the beginnings of the country's market economy and the solution of socially significant tasks of Russian society through the use of the preferential mechanism, which includes two levels of legal forms at the sectoral level norms of international acts and treaties of Russia, regulatory legal acts of the Federation, subjects of the Russian Federation and municipalities of procedural and material order, differentiating into general and special prescriptions, forming its general and special parts. In the process of studying the legal phenomenon of preferences, a dialectical method of cognition was used within the framework of a materialistic approach in combination with private scientific methods of cognition of social and legal phenomena: analysis and synthesis, observations and comparisons, system and framework method, forecasting, planning and modeling. As a result of the conducted research, the fundamentals of the theory of the competitive legal institute of preferences are presented, as well as the positions of denial of the connection of preferences with the regulation and protection of competition among legal scholars and interpretation of the relevant provisions exclusively from the perspective of anticonrurent regulation of the activities of public legal entities are refuted. The provisions and conclusions of the study can be used in the law-making and law enforcement practice of the relevant legal provisions, as well as in the educational process of training lawyers. The novelty lies in the substantive analysis of the regulatory framework for the selective provision by the authorities of public legal entities with the prior consent of the antimonopoly authority of the country to economic entities of preferences as a separate institution of a special part of competition law.The functioning of the competitive legal institute of preferences is based on legal principles that determine its method, tasks and functions.

ТРАНСНАЦІОНАЛІЗАЦІЯ КОНСТИТУЦІОНАЛІЗМУ ЯК ОБ’ЄКТ НАУКОВОГО ПІЗНАННЯ

The article covers the problems of the spread of the phenomenon of constitutionalism to interstate associations. It is noted that the phenomenon of constitutionalism is mainly characterized precisely by means of its domestic significance and, accordingly, as something that does not go beyond the borders of a specific state. Attention is focused on the fact that constitutionalism (especially in the conditions of legal positivism prevalence) is associated with the presence of a number of legislative acts. However, the essence of constitutionalism lies, first of all, in limiting public authorities. The origins of constitutionalism are laid in the contractual concept of the state origin, and in the theory of the social contract. Two main aspects of a possible consideration of the issue of constitutionalism transnationalization are distinguished. First, it is about the supranational nature of constitutionalism in the context of axiological perception. The fundamental provisions of constitutionalism find their manifestation in many states. Democratic states cannot fail to proceed from the postulate of public authority limitation and division, human rights as natural possibilities determining the limits of the state power activity, etc. It is difficult to single out those institutions that are inherent in the constitutional law of an individual state and do not exist in other states. Secondly, it is about the possibility of the constitutionalism existence at the level of interstate entities, primarily the European Union. In this aspect, the term “multilevel constitutionalism” is usually used. It is summarized that the issue of constitutionalism going beyond the domestic borders becomes the object of the intention of the domestic jurisprudence and requires a comprehensive study. Key words: state, integration, European Union, constitutionalism, human rights, international organization, public authority, sovereignty.

Adjudication of Procedural Safeguards for Vulnerable Asylum Seekers in Greece: Case Law and Systemic Non-Compliance

Abstract Special procedural guarantees for vulnerable asylum seekers are a core part of refugee status determination standards. These safeguards are neither afforded, nor properly adjudicated in Greek asylum procedures, however. Drawing on recent case law, this article argues that Greek appeal bodies (the Appeals Committees) routinely rule that vulnerability is irrelevant to refugee status determination or that no procedural harm is sustained from the inappropriate channelling of vulnerable people into truncated procedures, in dereliction of European Union (EU) standards and domestic jurisprudence. Systemic non-compliance with the duty to grant special procedural safeguards is a policy choice, yet the European Commission, the institution responsible for EU law enforcement, refrains from enforcing these standards in Greece. The Commission’s enforcement deficit vis-à-vis the Greek asylum system is underpinned by its Task Force for Migration Management’s prioritization of ending overcrowding and speeding up decision making over procedural standards, as well as an uneasy balancing act between operational support and monitoring.

SCIENCE AND SOCIETY LEGAL STRATEGY OF SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT OF RUSSIAN FEDERATION

Science must serve society, and it is through law that the attitude of the state to scientific activity is formulated, its social goal-setting is expressed, and the interests and requirements associated with obtaining a socially significant scientific effect are fixed. In modern realities, accelerated scientific and technological progress is becoming a historical imperative for the successful development of Russian statehood, and domestic jurisprudence must offer an effective legal strategy for scientific and technological development. Based on constitutional principles, the article discusses some of the main aspects of this strategy regarding its categorical apparatus, value-ideological and structural-economic orientation, organizational-administrative and spatial-territorial components. Proposals and approaches aimed at improving the legislative basis of the state scientific and technical policy are formulated.

САМОВРЯДНА ПАРАДИГМА У ФОРМУВАННІ ТА ФУНКЦІОНУВАННІ ДЕМОКРАТИЧНОЇ ПРАВОВОЇ ДЕРЖАВНОСТІ: ДО ВИЗНАЧЕННЯ ЗМІСТУ, РОЛІ ТА ЗНАЧЕННЯ

The article is devoted to the scientific and theoretical substantiation of the problem of determining the content, role and significance of the self-governing paradigm in the formation and functioning of a democratic legal statehood. In domestic jurisprudence, this topic is practically not studied. The authors connect the appearance of this problem with the factors of formation, development and improvement of the phenomenology of democratic legal statehood, when it is in these conditions that permanent para-democratic, meta-democratic processes of a tactical and strategic nature arise and intensify, as well as purely democratic tendencies are formed, determined by these processes, which permanently stimulate as a phenomenology of statehood, emphasizing its potential promising opportunities, as well as new forms of communicative interaction and rather productive cooperation of actors. At the same time, it is noted that the above processes are stimulated not only at the level of intrastate relations: a) the state, b) its public authorities, including local selfgovernment bodies, c) citizens who are simultaneously residents of certain territories of the state, i.e. residents-members relevant territorial communities; d) other natural persons with different legal status (foreigners, stateless persons, refugees, etc.), who are legally on the territory of a specific state and permanently residing within its borders, are also residents and members of the relevant communities, who are in subordinate, coordination and reorientational subordination among themselves within the limits of national constitutional and administrative law in the understanding of communication of subjects of public authority. They are quite clearly and sensibly manifested at the level of actors of international legal relations: a) sovereign states; b) international intergovernmental and intergovernmental organizations, which enter on the basis of the sovereignty and equality of their patrimonial and other states in a complex and multifactorial inter-subject interaction within intergovernmental structures on the basis of the fundamental principles and norms of general international law. It is noted that the self-governing paradigm is based on the managerial humanisticself-governing paradigm "human rights - municipal human rights - municipal person", which, firstly, acts as its content, and, secondly, acts as a strategic and basic direction in the formation and the functioning of a democratic legal state, because it is within the limits of the Ministry of Internal Affairs that a person: a) carries out his life cycle; b) realizes all his life aspirations, needs and interests, which are transformed into human rights; c) the constitutional and legal status of a person and a citizen is realized in the sphere of the Ministry of Internal Affairs. It is noted that the paradigm "human rights - municipal human rights - municipal person" has a clear and understandable management character, has a number of identifying features: A) subject-object composition, B) structural organization, C) national and international regulatory legal support and provision, which, in turn, endows it with: a) a theoretical basis; b) doctrinal justification; c) praxeological realization; d) value-methodological orientation; d') existential essence and objective-existential potential; e) regulatory definition; e) ascertaining the existence of managerial impulses; g) objectification of management actions; g) connotational content; h) communicative coordinate system; i) strategic narrative content.

Organizational and legal mechanism of protection of personal data

The article is devoted to the study of the organizational and legal mechanism of personal data protection. The concept of "personal data protection" is developed in detail in domestic jurisprudence. The law regulates legal relations related to the protection and processing of personal data, with the aim of protecting the fundamental rights and freedoms of a person and a citizen, and, first of all, the right to non-interference in personal life, in connection with the processing of personal data. However, the rapid development of information technologies, the digitization of society forces us to improve the organizational and legal mechanism of personal data protection every time, to search for more effective and reliable methods and means of their protection. The actual legal basis for the protection of personal data can be found in the Constitution of Ukraine, the Criminal Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine "On the Protection of Personal Data", decisions of the Constitutional Court of Ukraine, international legal acts, consent to the mandatory use of which was given by the Verkhovna Rada of Ukraine. It is substantiated that it is the state that acts as the guarantor of the protection of a person's personal data - its task is to create an organizational and legal mechanism that would effectively protect human rights related to personal data, etc. The organizational component of the personal data protection mechanism covers the vertical of state bodies and services, which, in accordance with the powers assigned to them, carry out personal data protection activities. On the basis of the conducted research, we came to the conclusion that the organizational and legal mechanism for the protection of personal data is a set of legal norms and a complex of preventive measures carried out by relevant state bodies and services aimed at protecting personal data, stopping offenses, applying coercion to offenders and restoring violated human rights related to personal data.

To the issues of legal regulation of nft-tokens as virtual benefits

Introduction. This scientific article dedicated to certain aspects of such virtual benefits/assets as the NFT token (non-fungible token) and place of them in the obligations relationship. The legal framework and legal practice regarding non- non-fungible token is currently absent, which is a characteristic situation not only for domestic jurisprudence, but also for the world. In view of the above, there is a need to investigate the nature of this phenomenon. Summary. The article analyzes the proposed legislative definition of "virtual asset" in relation to the NFT token. The study of individual features of this phenomenon makes it necessary to turn to its displayed technical characteristics at the current stage. Yes, it is determined that the NFT token performs an authentication function and cannot exist independently without its attachment to another object of civil rights. Without such a combination, exclusively as a code (a set of signs), the token cannot be regarded as an intangible (virtual) benefits, since the token certifies a subjective right to another object of civil rights, and therefore should be considered precisely as an asset (benefits), which has a providing nature. Attention is focused on the fact that one of the main problems of legal uncertainty in this category is the question of what exactly individuals acquire when buying an NFT token, since in fact the token is usually associated with another object, which gives it a real value. The relationship between the non-fungible token and the start-contract was analyzed and the possible legal consequences of their interaction determined. Conclusions. Non-fungible tokens exist in a decentralized system and are closely related to the smart contract already at the stage of their creation, therefore, provided there are no imperative requirements from the law, the latter can be considered as a type of civil law contract, which, in turn, due to constant interaction the connection between them makes it possible to single out certain features of the binding nature of this phenomenon.