Executive Bodies Research Articles

Organizational and legal forms and differences in the administrative and legal status of the territorial bodies of the federal executive authorities of the Russian Federation

The subject of the study is the norms of administrative legislation regulating the territorial features of public administration in Russia. The chosen topic receives a certain update against the background of the formation of the definition of "system of public authority", which is not fully covered at the doctrinal level. The purpose of the study is to assess the current state of legal regulation of the activities of territorial bodies of federal executive bodies. In the context of the functioning of the power vertical, there is a need to unify their administrative and legal status, since the unity of the public authority system is the achieved result of the constitutional reform of 2020. Methodology and research methods. As the basis of the research methodology, the author chose the formal legal method, based on the established principles of dialectical cognition. With its help, the non-transparency of the organization of territorial bodies exercising the fullness of state administration in the subjects of the federation was revealed. The main scientific results of the study are built around the hypothesis of excessive institutionalization of the territorial and central divisions of the executive authorities with the priority of subordinate legal regulation. It has been proved that in this case, both the efficiency of public administration and the trust in public law institutions on the part of civil society may decrease. Conclusions. Based on the legal nature of the territorial bodies of the federal executive authorities, it can be concluded that they are in hierarchical subordination, but at the same time they are endowed with the full implementation of the powers attributed by law to their jurisdiction. In the absence of a single normative act that would detail the constitutional foundations for the exercise of public authority, most of them are established in the manner prescribed by the normative act issued by the entity that manages the activities of the relevant federal executive authority. This practice has hidden defects that reduce the effectiveness of public administration. The best way to create a transparent mechanism of public administration is to abandon the practice of legal regulation of the administrative and legal status of the territorial bodies of federal executive authorities by by-laws. By-laws may have a certain potential in terms of the distribution of powers within the structure of the territorial body of the federal executive authority, however, “status” norms should be present in the provisions of a separate federal law regulating the procedure for the establishment, transformation and liquidation of the territorial bodies of the federal executive authority.

Features of the functioning of jury courts in the public administration system in Ukraine

The purpose of the article is to examine the jury court as a body of public administration.
 The legal status of the jury trial in the system of public administration in Ukraine is considered. An analysis of the possibility of interpreting the jury court as a public organization was carried out and it was substantiated that the jury does not fall under the status of a public organization. It has been established that the administration of justice in Ukraine is the function of only state bodies to which the jury belongs, as it is part of the judicial system of Ukraine.
 The jury court as a body of state judicial power was considered. It has been proven that the jury has a number of specific features that distinguish state bodies from non-state bodies, in particular, it has been established that the difference between the jury and other bodies of state power is that it does not have a certain permanent composition, and the jury is formed once on the basis of a complex selection mechanism for consideration of a specific case.
 It is justified that the jury court is an institution that controls the distribution of power prerogatives between the branches of power: executive, legislative and judicial. The jury, as the most democratic judicial body, in this case performs a control function, preventing the interference of legislative and executive bodies in the administration of justice, which is not provided for by law.
 The authors conclude that, in carrying out its activities, the jury closely interacts with other bodies of state power: with law enforcement agencies and the prosecutor’s office as bodies that perform the function of the prosecutor’s office, with local self-government bodies as bodies that provide voter lists, with other bodies of judicial power , which control the activity of the jury court.
 It was determined that the jury acts in accordance with the principles of the organization and operation of the state apparatus, which include: legality and constitutionality, the principle of professionalism (regarding professional lawyers) and ethics of civil servants, the optimal structure and functioning of the state body, its effectiveness. These and other principles are reflected in the legal acts regulating the activity of the jury court.

Comparison between Council of Occupants’ Representatives and Managing Body

There are two perspectives regarding the right to manage an apartment complex. First, the management right of an apartment complex can be derived by collecting all divided ownership rights as an apartment building (a civil approach). Second, the power of the community or the state is partially divided and handed over to the apartment complex (public law approach). The Act on Ownership and Management of Condominium Buildings is a civil approach to the management of collective buildings. It addresses the issue of management of collective buildings as a concept corresponding to the authority of ownership. In this case, the managing body of the collective buildings becomes a management group comprising all the divided owners. In contrast, the Multi-Family Housing Management Act views the management of apartments as public law, considering that the government's right to manage apartments is entrusted to the council of occupants' representatives. Regarding the legal nature of the management group, there is a view that the management group has a cooperative nature. However, this group has rules and an organization, such as having a representative who is a decision-making body and an executive body. It is reasonable to identify it as an unincorporated association, in that it belongs to the management group. Regarding the legal nature of the council of occupants' representatives, there is a perspective that the council of occupants' representatives is the same as the management group, or it is merely an executive body of the management group. It is difficult to see that it is reasonable to compare the council of occupants' representatives, which is an organization with a strong character, on the same line. Considering the fact that the management authority of the council of occupants' representatives is only established under the Multi-Family Housing Management Act, it is reasonable to consider that the council of occupants' representatives corresponds to a representative organization created by representatives of occupants in a small group called a housing complex. The problem of claiming management expenses in arrears against a specific successor can be resolved by identifying the legal nature of management expenses of the management group and the council of occupants' representatives. Under the Act on Ownership and Management of Condominium Buildings, the right to collect management fees exercised by the management group corresponds to the claim of co-owners based on Article 266 of the Civil Act. Additionally, Article 18 of the Act on Ownership and Management of Condominium Buildings stipulates that the claim that a co-owner has against another co-owner in relation to a common part can be exercised against the special successor. One can claim payment of the management fee corresponding to the common part of the management fee in arrears. In contrast, the right to collect management fees exercised by the council of occupants' representatives under the Multi-Family Housing Management Act tends to have a strong public law character, considering the legal nature of the council of occupants' representatives. Therefore, it cannot be considered that the council of occupants' representatives exercises the right to collect management fees beyond the scope defined in the Multi-Family Housing Management Act. Additionally, as the Multi-Family Housing Management Act does not have the same provisions as Article 18 of the Act on Ownership and Management of Condominium Buildings, the council of occupants' representatives cannot be regarded as exercising the right to collect management fees beyond the scope defined in the Multi-Family Housing Management Act. It is reasonable to assume that one cannot claim payment of the management fee for arrears.

Dynamic Mechanism of Digital Transformation in Equipment Manufacturing Enterprises Based on Evolutionary Game Theory: Evidence from China

The digital transformation of equipment manufacturing enterprises is a gradual process in which enterprises, governments, and consumers form stakeholders. The equipment manufacturing enterprise is the executive body of digital transformation, the government is the maker of subsidy policies, and consumers are the users of digital products. The impact of the tripartite relationship on the efficacy of digital transformation requires further investigation. This article applies evolutionary game theory to scrutinize the propelling mechanism behind digital transformation in manufacturing firms specializing in equipment production. The research results show that (1) the intensity of government subsidies significantly affects the transformation progress of equipment manufacturing enterprises; (2) the increase in consumer preference accelerates the evolution speed of enterprises’ choice of implementing digital transformation strategies; and (3) the equipment manufacturing industry needs to improve the flexibility and adaptability of enterprises through flexible production so it relies more on digital technology to enable production and management services. However, as a result of constraints in data gathering, there is inadequate data to back up the sensitivity analysis in the case analysis section, potentially resulting in inadequate argumentation. Based on game theory and the simulation results, combined with the case analysis, three policy recommendations were proposed to strengthen the construction of the digital infrastructure, establish a dynamic adjustment mechanism for subsidies, and build a collaborative digital ecosystem for development.

A republican fiscal constitution for the EMU

ABSTRACT The democratic management of macroeconomic externalities between Members of the Economic and Monetary Union requires abandoning the legal entrenchment of fiscal rules as well as their technocratic administration. The fiscal constitution of the EMU can instead become an instrument that guarantees European citizens’ and peoples’ reciprocal non-domination. This republican goal can be attained once a core set of fiscal principles are agreed upon and later interpreted in a political way by the Council and the European Commission. To be non-dominating the interpretations of these executive bodies on the management of macroeconomic externalities must be subject to a ‘dual contestatory system’. Citizens should not only control, through their national parliaments, what their own governments decide, but also what a collective of governments decide at the EU level. This requires stepping up of the contestatory powers of the European Parliament. Finally, this kind of democratic control should be epistemically supported and facilitated by a network of national Independent Fiscal Institutions who should allow citizens and parliaments to monitor what executives decide both at the national and at the EU level.

Monitoring the Quality of Financial Management of Governmental Bodies: Analytical and Management Aspects of Application

One of the main results of reforming the budget process of the Russian Federation in the middle of the 2000s was the widespread implementation of the approach to the work of the executive power, in which budget funds are allocated in accordance with the expected results. Performance indexes are necessarily developed for government programs, national projects, and other strategic planning documents. Finally, monitoring by indexes is increasingly being used as a tool for evaluating the performance of executive authorities and officials. Is this approach expedient in any case? Is it always possible to use monitoring by indexes as a basis of the performance evaluating system for civil servants?This study considers the feasibility of including the results of assessing the quality of financial management of budget managers in the system of indexes for assessing the activities of executive bodies of state power of the Russian Federation constituent entity.The study is focused on distinctive features of monitoring the financial management quality of budget funds’ managers, which make it difficult to use for a sound judgment about the efficiency of the participants of the budget process. In the course of the study, an analysis was carried out by the method of comparison and correlation of Pearson using data from the following sources: the official website of the Committee of Finance of St. Petersburg, the state information system for information and analytical support of the activities of the executive bodies of state power in St. Petersburg and the automated system of the budget process of St. Petersburg.As a conclusion, arguments are provided not to use the results of monitoring the financial management quality, conducted by the financial authorities of the Russian Federation regions, due to its inherent specificity and its special role in the system of minimizing budgetary risks. The observations and conclusions made can be useful for further studies of key performance indexes’ systems for government bodies.

State support for agriculture in Ukraine in the post-war period

Purpose. The purpose of the study is to assess the level and trends of state support for agriculture in Ukraine, to determine its post-war measures and programmes and to improve the method of allocating funds among state support programmes at the stage of drafting budget declarations and requests by central and regional executive bodies that implement the agricultural policy.
 Methodology / approach. Analysis and synthesis were used to determine the level of state support for agriculture and its impact on its development. Assessment of the effectiveness of financing individual agricultural support programs was made using regulatory, calculation and constructive methods. Mathematical modelling methods were used to optimise the distribution of budget funds in various areas of state support for rural commodity producers aimed at forming fixed capital. Techniques of the abstract and logical toolkit allowed formulating intermediate and final conclusions. 
 Results. The study focuses on the directions of support for the agricultural sector of Ukraine in wartime and in the post-war period. It was established that in order to resume the operation of agricultural enterprises in the liberates territories, which produce grain and cultivate oil crops, about USD 1.370–1.500 of fixed capital are needed for 1 ha of crops and USD 1.340–1.400 of working capital. It was estimated that in 2023 the lack of working capital in Ukraine for the cultivation of grain and oil crops, with the area of their crops being at the level of 2022, will amount to about UAH 41.5 billion. It is established that support programmes for Ukrainian producers of agricultural products should be developed on the basis of the Roadmap for the Recovery in Ukraine in order to achieve the indicators of the Strategy for Ukraine’s Agro-Industrial Complex Development.
 Originality / scientific novelty. The scientific value of the study is in conducting a comparative assessment of the support of agriculture in Ukraine and the EU in 2019–2021, highlighting measures of state support for the agricultural sector of Ukraine in wartime and in the post-war period. The method of allocation of funds among state support programmes at the stage of drafting budget declarations and requests by central and regional executive bodies that implement the agricultural policy has been improved.
 Practical value / implications. The practical value of this study is the fact that it can be used as a source and tool in the development of relevant plans and programs aimed at the development of agriculture in Ukraine.

МЕДИКО-САНІТАРНЕ ЗАБЕЗПЕЧЕННЯ ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ В УКРАЇНІ

At the current stage of its development, according to official data the Ukrainian state annually passes thousands of citizens through prisons, while a large part of all convicts experience a complex of certain rights restrictions while serving sentences related to deprivation of liberty. However, according to the existing doctrine of criminal-legal influence, it is considered that legal restrictions alone will not help to achieve the goal set before the punishment, therefore, convicts also have a significant range of various rights. One of these rights enshrined in Part 1 of Article 107 of the Criminal and Executive Code of Ukraine (hereinafter the Criminal Code of Ukraine) is the receipt of medical care and treatment, including paid medical services at the expense of personal funds or funds of relatives and friends in health care institutions who have a license from the Ministry of Health of Ukraine and are not assigned to the central executive body that implements state policy in the field of execution of criminal punishments. Deficiencies in the medical and sanitary support of convicts can significantly worsen their quality of life and lead to negative consequences for their health. Here are some of the possible disadvantages: limited access to medical care, i.e. convicts may face difficulties in accessing medical care due to limited resources, overcrowding of medical facilities or lack of qualified medical professionals; insufficient medical equipment, i.e. the lack of modern medical equipment and devices can complicate the diagnosis and treatment of those affected; an insufficient number of medical personnel, i.e. a lack of qualified medical specialists, can lead to underestimation and incorrect treatment of the medical problems of convicts; insufficient hygiene conditions, that is, inadequate conditions for personal hygiene can lead to the spread of infections and other diseases among convicts; lack of psychiatric care, i.e. necessary psychiatric care may be limited or unavailable, resulting in undertreatment of mental illness; lack of prevention programs, that is, lack of prevention programs can contribute to the spread of diseases among convicts; disproportionate access to medication ie inmates may have limited access to necessary medication due to financial or organizational constraints; lack of proper conditions for patients, i.e. Important conditions for the treatment of patients (for example, isolation, compliance with the hospital regime) may not be sufficiently provided; insufficient medical monitoring, i.e. the absence of a system of permanent medical monitoring can lead to underestimation and insufficient response to the medical conditions of convicts; unqualified medical care, i.e. insufficient level of professional training of medical personnel can lead to errors in diagnosis and treatment. Optimizing the medical and sanitary provision of residents is an important task to ensure their comfort and safety. Here are some suggestions that can help improve this situation: provision of high-quality medical care, i.e., to promote access of residents to high-quality medical services, including specialist consultations and treatment; creation of specialized medical centers, i.e. in the audience area, you can create medical centers or entire medical units, equipped with the necessary devices and medical equipment; development of prevention and education programs, i.e. organization of informational seminars, trainings and other forms of education, aimed at raising awareness among residents about health, hygiene and preventive measures. Implementation of modern technologies, that is, the use of telemedicine and other innovative technologies for remote consultations and diagnostics; creation of medical databases, i.e. keeping detailed medical statistics and analysis to improve medical care for the elderly; optimizing the transportation system, i.e. ensuring convenient and safe transportation of inmates to medical facilities in case of need; involvement of volunteers and specialists, i.e. involvement of medical specialists and volunteers to provide assistance and support to the elderly; development and implementation of evacuation plans, i.e. development of detailed evacuation plans and actions in case of emergency situations that may arise during the audience; creating comfortable conditions, i.e. providing a sufficient number of sanitary facilities, hygiene equipment and the possibility of cooking; coordination with public health services i.e. cooperation with public health authorities to ensure an effective response to the needs of residents. These suggestions can help create a safer and more comfortable environment for attendees and ensure their health and well-being during events or activities. Key words: medical and sanitary care of convicts, medical support and treatment, deprivation of liberty, legal protection, international standards for the treatment of prisoners.

Assessment of the Negative Impact of Urban Air Pollution on Population Health Using Machine Learning Method.

This study focuses on assessing the level of morbidity among the population of Almaty, Kazakhstan, and investigating its connection with atmospheric air pollution using machine learning algorithms. The use of these algorithms is aimed at analyzing the relationship between air pollution levels and the state of public health, as well as the correlations between COVID-19 infection and the development of respiratory diseases. This study analyzes the respiratory diseases of the population of Almaty and the level of air pollution as a result of suspended particles for the period of 2017-2022. The study includes recommendations to reduce harmful emissions into the atmosphere using machine learning methods. The results of the study show that air pollution is a critical factor affecting the increase in the number of diseases of the respiratory system. The study recommends taking measures to reduce air pollution and improve air quality in order to prevent the development of chronic respiratory diseases. The study offers recommendations to industrial enterprises, traffic management organizations, thermal power plants, the Department of Environmental Protection, and local executive bodies in order to reduce respiratory diseases among the population.

Regarding the theory of demarcation of competences of local executive bodies and local self-government bodies

The article is devoted to the coverage of certain theoretical issues regarding the delimitation of the competences of local public authorities. Attention is focused on revealing the terminological features of the category’s «competence», «powers», «functions» of executive power bodies and local self-government bodies. The author focuses attention on certain features of the demarcation of competences of local executive bodies and local self government bodies.It is stated that the development of local self-government as a direct form of manifestation of public activity of the population and a free, democratic way of organizing public power is an integral part of administrative reform in Ukraine and state building in general. It was determined that the very question of delimitation of competences is quite problematic, because it is practically impossible to delimit the functions of bodies that carry out a single administrative activity (public authority) on the ground. First of all, because local state administrations and local self government bodies perform a kind of general management function, they face a common task - the implementation of the most effective management of territories. The implementation of this task requires both management centers to have such functions as regulatory and managerial, communicative, control, informational, normative, organizational and institutional and a number of others.It is argued to take as a basis the principle of control, which should be carried out in such a way that the degree of intervention of the controlling body is proportionate to the importance of the interests that this intervention should protect when delineating the competences of local self-government bodies and local state authorities.It was determined that the current state of demarcation of competences between local executive bodies and local self-government bodies in Ukraine is not in a very good condition, which is due to some problems, namely: the incompleteness of the administrative reform; inheritance of a centralized model of public administration; the imperfection of the current legislation in the field of local public authorities, which leads to numerous conflicts in the delimitation of competence between local executive bodies and local self-government bodies. It is emphasized that the current stage of administrative reform and local self-government reform is aimed at legislative improvement and strengthening of the legislative framework in the sphere of public authority in Ukraine.

Simplified proceedings in the civil procedure of Poland

The article is devoted to simplified proceedings and electronic order proceedings in Polish law. It is noted that the role of expedited (simplified) proceedings in the practice of civil and commercial justice is quite significant, as evidenced not only by the number of cases considered in expedited proceedings, but also by the number of decisions rendered in the appropriate manner.The author notes that in 2019 there were quite significant changes, the content of which is reduced to the expansion of the subject catalog of cases that are considered in the order of simplified proceedings. Before that, this procedure was intended exclusively for lawsuits arising from binding legal relations of a contractual nature. Civil cases arising from non-contractual obligations were considered on a general basis.It is emphasized that in economic cases, the provisions on simplified proceedings are applied to the extent that they do not contradict the provisions of the section on the peculiarities of proceedings in economic cases. What is more, the relevant clause is established by the legislator specifically in relation to national simplified procedures and does not apply to supranational ones (European procedure for small claims, European payment order). Thus, a differentiated approach was applied.It is noted that the introduction of electronic court proceedings in the Polish civil process was a significant step forward in the digitalization of the entire judicial system, and the regulatory documents regarding it, as confirmed by practice, set a new legal and IT standard for further digitalization.It can be concluded that electronic injunctive proceedings are a special type of «ordinary» injunctive proceedings. The differences arise not from the purposes and functions of this proceeding, but from formal reasons that are a consequence of the accepted methods of communication between the parties with the court and the executive service body, as well as the delivery of orders and court decisions in electronic form and the archiving of case materials in electronic form.

Informing about mediation as a power of executive bodies of local self-government

The article examines the problem of low awareness in Ukrainian society of the right to mediation as a social service. According to the author, this does not correspond to Ukraine’s aspirations to practically implement the procedures for alternative dispute resolution recommended by international organisations, including mediation.The author emphasises that today, it is crucial to work on informing the public about mediation as a social service within the framework of Ukraine’s social policy. The decentralisation processes have brought local governments closer to the population, which undoubtedly contributes to providing complete and reliable information about the opportunities to receive social services. Informing recipients of social services about mediation is a direct responsibility of local governments. Therefore, there is an urgent need for them to inform the population about social mediation effectively.It is noted that the Law of Ukraine «On Social Services» includes informing the population about social services, including mediation, in a form accessible to persons with any type of health disorder (Article 11, part 4) as a part of the powers of executive bodies of local self-government (as a subject of the social services system). This power correlates with the right of recipients of social services to receive from executive bodies of local self-government complete and comprehensive information on social services, including mediation, in a form accessible to persons with any type of health impairment (Article 12, paragraph 3, part 1). The author conditionally distinguishes three components of the powers of executive bodies of local self-government to inform about social services, including mediation (object of information, subjects of information, form of information) and reveals their content. The article examines the issue of parliamentary control over the observance of the right to information of recipients of social services, as well as liability for its violation.

Unforgettable names: Ivan Dmitrievich Degtyarev, the sanitary doctor of the provincial city of Orenburg

Sanitation in Russia originated at the beginning of the 19th century. At the time of its organization, the service was part of the Ministry of Internal Affairs, later it became part of the zemstvo sanitary organization. Particularly interesting and fateful for the service is the period of the late 19th and early 20th centuries, since during this period the prerequisites were formed for the creation of the Sanitary and Epidemiological Service as an independent state executive body. The purpose of this work is to study the history of the development of the sanitary and epidemiological service in the provincial city of Orenburg and the contribution of the sanitary doctor I.D. Degtyarev in the period of its formation and development. The study studied archival materials of the life of pre-revolutionary Orenburg, books of local historians, information about the sanitary condition and measures to prevent the occurrence of mass infectious diseases. The study highlights the main hygienic and epidemiological problems of pre-revolutionary Orenburg and the measures taken by the sanitary doctor aimed at maintaining the health of the population. The paper presents biographical information about I.D. Degtyarev, shows his contribution to the organization of sanitary and preventive measures.

Judicial self-government in Ukraine

This article is devoted to the study of judges in Ukraine, the order of their employment in administrative positions. Being a judge of the relevant court is not only a profession, it is an observance of the rules of conduct that must be observed every day both in one’s work and in one’s personal life. The judicial profession differs from other professions, a judge must be guided only by procedural law. Also, when administering justice, a judge cannot depend on the legislative and executive bodies as a whole. It will be appropriate to consider the issue of a judge in an administrative position. And determine their order of appointment to the relevant position in the court. Today, the issue of judges in administrative positions is very extensive and requires additional research. The draft law “On restoring trust in the judicial system of Ukraine” was developed with the aim of ensuring the implementation of guarantees of the independence of judges, as well as reducing illegal influence on judges who hold administrative positions, the relevant courts, restoring trust in society, as well as in the judiciary. Therefore, the achievement of the goal is proposed through the adoption of the specified law. It provides for the term of holding an administrative position in the courts of cassation up to three years, and also establishes restrictions on the possibility of the same person occupying the position of the head of the court for two consecutive terms. But the main Law of Ukraine for regulating the appointment of judges to administrative positions is the Law of Ukraine “On the Judiciary and the Status of Judges”, which regulates issues related to all judges. Well, let’s summarize the above-mentioned law, which entered into force on March 28, 2015. Part 4 of Article 20 of Law No. 2453, as amended by Law No. 192, stipulates that a judge elected to an administrative position in the manner specified by this article cannot hold one administrative position of the corresponding court for more than two terms in a row. In connection with the adoption of this draft law, on January 4, 2023, the Verkhovna Rada of Ukraine registered an alternative draft law 8296-1 on the election of court presidents, in which it is proposed to provide for the possibility of early dismissal of the court president from office by the Council of Judges of Ukraine, in case of non-compliance with the restrictions on holding the office the chairman of the court is a judge who has already been elected for more than two terms in a row. This Draft Law proposes that judges of all courts of the country (from local courts to the High Anti-Corruption Court and Cassation Courts as part of the Supreme Court) elect presidents and deputy presidents of courts for a period of 4 years, but only the head of the Supreme Court will personally approve them. Key words: state, judge, procedure for appointing judges, administrative position, judicial power, justice, legal status of judges.

Development of a spatial orientation model for the actuator of a mechatronic system

Purpose. Development of a control system for a mechatronic system, taking into account the geometric solution of the inverse kinematics problem. The methods. The research was based on the principles of theoretical and applied mechanics, as well as the Denavit-Hartenberg transformation model. The formation of graphical computational models and kinematic diagrams simplified the development of the mathematical model of the dynamic system without considering the forces acting on the mechanism links. The possibility of using matrix transformations to simplify the search for generalized coordinates and transition to the local disposition of each link was explored for further integration of the obtained results into automation and control systems. Findings. The obtained results, determining the trajectory of the gripper using inverse kinematics models, allowed the development of algorithms for determining the position of mechanism links with the possibility of software implementation of the control system. Identifying patterns for determining accurate position coordinates by the matrix method allows the application of open-source software for real-time position calculations. The originality. The use of modern technologies for visual assessment of the external environment and coordinating control impulses of the executive body drive was first achieved based on the mathematical model of the inverse kinematics of a multi-link mechanism. This automated the determination of local coordinates for each link within its degrees of freedom and algorithmized this process. Combining the mathematical models of mechanism kinematics and the matrix form of coordinate search allows investigating the influence of the displacement of the i-th link of the mechatronic technical complex on the overall system, considering the acting force systems and the specified spatial orientation of both the executive body and intermediate links. Practical implementation. The implementation of obtained kinematic models using the matrix method enables the software realization of algorithms for searching the coordinates of the i-th mechanism link, automating the control process with the task of final positions, determining the level of integral error during the displacement of the initial link, and providing the possibility of programming autonomous mechatronic systems with open-source code. As a result, the introduction of semi or fully autonomous technical complexes will automate technological processes in various industries.

The role of executive authorities and local self-government in the sphere of ensuring the energy efficiency

The purpose of the paper is to determine the role of executive power bodies and local self-government bodies in the field of energy efficiency. Disclosure of the specified problem is possible only in the complex, therefore, the analysis was carried out from the standpoint of regulatory and legal support and the socio-economic plane. To achieve the goal, both special and general scientific research methods were used. The paper analyzes the normative and legal framework regarding the specified issue. The performed analysis allows us to state that Ukraine has a fully formed legislative complex for the implementation of energy-efficient systems. Currently, there is a clear differentiation of the functions and powers of the executive power bodies and local self-government bodies. Central and local bodies of executive power have organizational, corrective and control functions. In particular, the National Energy Efficiency Action Plan is developed and adjusted by the central bodies of executive power, adjustments are made if necessary, and its implementation is monitored. In fact, the National Energy Efficiency Action Plan is the document that defines the key guidelines of the state in the field of energy efficiency. Purposeful activity of the state in this area is conditioned by both the current political and economic situation and the European vector of development. Local self-government bodies play a leading role in the field of energy efficiency. Taking into account the processes of decentralization, it is at the community level that plans and programs in the field of energy efficiency are implemented. It should be noted that acting as the main subject of the implementation of energy-efficient systems, communities receive the largest share of benefits in the socio-economic plane. The implementation of the action plan on energy efficiency is possible only under the conditions of the created system of cooperation and interaction of different levels of power structures.

KORXONALARNI INVESTITSION RIVOJLANTIRISHDA KORPORATIV BOSHQARUVNING ROLI: SHVETSIYA MISOLIDA

Effective corporate governance is an important condition for the successful operation of an enterprise. Defining sustainable development and protecting the rights of shareholders, customers, and other stakeholders serves as the most important direction of the enterprise’s activities in the field of improving its financial efficiency. The family model of corporate governance, or family capitalism and family business groups, has become widespread in almost all countries of the world. Such a corporate governance system is often found in Asian and Latin American countries, in Canada, and in European countries (Sweden, Italy, and France). The management of the largest corporations is carried out by members of the same family. This article examines the features of the corporate governance system in foreign practice, in particular in Sweden, where theoretically and practically analyzed such issues as the evolution of theories and basic principles of corporate governance, the role of corporate governance in the investment support of enterprises, its modern methods and models, and institutional issues. In addition, corporate governance bodies in Sweden and their interaction with the executive body, the tasks and functions of regulatory bodies, corporate culture, assessment of the transparency of investments in enterprises, and the effectiveness of corporate governance, as well as the main stages of the process of preventing and combating the risk of corporate fraud, are analyzed.

On pros and cons of legitimizing cryptocurrency (case study of Ukraine)

The paper identifies the main positive aspects and risks of operations involving cryptocurrency after their legitimization and suggests ways to reduce the impact of risks and negative consequences. Analysis and synthesis techniques were utilized in the research in order to summarize the findings and draw conclusions in accordance with the paper’s structural divisions. The structural approach made it possible to structure the provisions on the potential spread of the impact of the existing state regulatory system on participants’ activities in the cryptocurrency market and determine which state executive authorities should be assigned the task of licensing cryptocurrency mining. The comparative legal method was used to search for advantages and disadvantages for various types of legal entities after legitimizing cryptocurrency. In order to examine the origins of human civilization and its recent acceleration of digitalization, the historical legal method was utilized. The authors have elaborated methods aimed at reducing the risks of operations with cryptocurrencies, as well as protecting the interests of the state and cryptocurrency market participants. It is proposed to establish a cryptocurrency exchange by citizens of Ukraine or business entities in agreement with the National Bank of Ukraine, the National Securities and Stock Market Commission or other central executive body. It is proposed to protect the interests of participants in the cryptocurrency market through the application of a group of measures characterized by the term “legal work at the enterprise”, and the LLC legal form can be used to prevent conflicts between founders and protection from encroachments of corporate raiders for small businesses

Administrative Discretion: Questions and Answers (Part 3)

This article completes a series of three scientific publications planned by the Editorial Board of the Siberian Law Review, the Authors of which discuss the problem of administrative discretion, which is very relevant for Russian administrative legal theory and legal practice, in a question-answer format. Contrary to the opinion justified by Petr P. Serkov in the previous article about the impossibility of a fruitful study of administrative discretion without referring to the “analytical potential of the mechanism of administrative legal relations”, Yuri P. Solovey gives arguments indicating the unsuitability of this “logical structure” for studying legal realities. From his point of view, the use of this artificial and meaningless concept, without a doubt, is a violation of the well-known methodological principle “Occam’s Razor”: one should not multiply things unnecessarily. In this regard, PetrP. Serkov was asked two questions: firstly, could he conduct, within the framework of this article, an indicative analysis of a specific discretionary administrative act using the “logical structure of the mechanism of administrative legal relations”, which would make it possible to draw a conclusion about the legality (illegality ) of such an act, and, secondly, what is its relation to the principles of administrative procedures as legal means of control over administrative discretion and the need for their extensive legislative consolidation. Anticipating the answers to the questions posed, Petr P. Serkov critically analyzes the arguments of “discretionary disagreement” of the specified Author. It is concluded that the phenomenon of administrative discretion covers any managerial decision made by any official of state executive bodies and local governments in the exercise of any of the powers assigned to him. Such a vision of administrative discretion implies a significant adjustment of the method of its research, the priorities of which should be a person, his consciousness and psyche. Concerning the first of the questions asked, Petr P. Serkov, using the “analytical potential of the mechanism of legal relations”, analyzes a hypothetical situation in which a police officer performs a discretionary administrative action by stopping a vehicle. The Author argues that the named “potential” clarifies not only what administrative discretion is, but also how it is formed and what it is intended for. Answering the second question, Petr P. Serkov notes that the procedural legal regulation of the activities of state executive bodies will certainly bring positive effects to the phenomenon of administrative discretion, but it is not clear to what extent the principles of administrative procedures are able to prevent illegal administrative discretion. It should be taken into account that scientific controversy regarding the understanding of legal principles has been going on for decades without the prospect of reaching a doctrinal consensus. In general, the discussion of the essence of administrative discretion shows, according to Petr P. Serkov, the imperfection of the current state and the conceptual vulnerability of the methodology of conducting scientific research and scientific controversy.

Ensuring independence in the exercise of functions by the board of directors of joint-stock companies

This article is devoted to the problem of ensuring the independence of the board of directors of joint-stock companies. The author points out that there are several approaches to recognizing the status of an independent director for a person. The article discusses the ideal model of relationships within the board of directors, in which the objective decisions in the interests of a legal entity is developed. The author focuses on the role of independent directors in the board of directors, including in terms of control the activities of the executive bodies of a legal entity, resolving conflicts of interest in the decision-making process. The article analyzes the problem of maintaining a balance of interests of various subjects in the decision-making process and the approaches developed in judicial practice that indicate that such a balance is not observed. The author considers issues related to the performance by directors of the duty to make independent judgments, determines the criteria for assessing the independence of judgments.