Experience Of Foreign Countries Research Articles

Foreign experience of implementing ethical values in the anti-corruption policy of private and public sector organizations

The author analyzed and systematized the experience of foreign countries regarding the peculiarities of the implementation of ethical values in the anti-corruption policy of private and public sector organizations. Senior management when implementing anti­corruption standards, regardless of the form of ownership of the organization, when making management decisions, should be guided by their own ethical beliefs regarding their actions, display of integrity, ethics, influence on employees of lower management levels regarding the example of the prevalence of anti-corruption standards when making management decisions. The importance of the Codes of Ethics in encouraging the top management of the USA, EU, and Great Britain in the formation of organizational ethics and the reputation of international companies was established, and the strategic importance of leadership in the prevention of corruption in the formation of anti-corruption programs and the fight against corruption risks was determined in his work on leadership in the prevention of corruption. The experience of the USA, the EU, and Great Britain has shown that compliance with ethical behavior by the middle and lower ranks and, accordingly, the reduction of corruption risks, is mainly implemented taking into account the example set by the management in conducting the company's business. It has been found that the main ways of creating an ethical atmosphere are: establishment of values and principles of the organization, approval of Codes of Ethics, internal control, accountability, regular informing and holding of training events by the management with its mandatory participation regarding ethical values, trust in the management and its personal compliance on issues of corporate ethics in the absence of an ethics officer position. The practice of management implementation of ethical values in the anti-corruption policy of public authorities in Australia has shown that the ways of such implementation can be: the introduction of external control procedures open to the public, as well as confidential reporting procedures for senior management. The experience of Liberia, Kenya, and Georgia regarding leadership and corruption in the management of companies and in the public service as one of the main causes of civil wars is analyzed. Positive practices regarding the use of anti-corruption policy and the establishment of the role of leaders in the management of African countries have become the implementation of anti-corruption policy and strategy in the top management of countries, decentralization of power and the practice of identifying and returning illegally obtained funds of government officials to state accounts. The author summarizes effective ways of implementing ethical values in public sector organizations, using the example of Georgia, namely: political loyalty of management in the field of management in the fight against corruption; implementation of e-governance and e-services, long-term investments in building a corporate ethical culture, implementation of a mechanism for direct access to information on combating bribery to the company's top management, and encouraging employees to report suspicious activity related to corruption. Using the example of Estonia, the peculiarities of the role of management in overcoming corruption, the implementation of anti-corruption initiatives, certain trends regarding the role of the leadership of the law enforcement sphere in anti-corruption policy have been established. Estonian legislation has formed trends regarding the identification of the role of management in the formation of anti­corruption culture in law enforcement agencies through organizational views on corruption and the views of managers on overcoming corruption, in particular: the openness of top management to discussing anti-corruption issues in relation to their own organizations; focus on the organizational culture of non-perception of corruption starting from the top management level; integration into everyday practice of existing ethical standards; prevention of corruption risks associated with senior officials of organizations.

Problems of protection of labor rights during hiring with the use of artificial intelligence algorithms

Abstract In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.

Competitivity Issues Related to Biobank Activity

The recent development of biomedical research and greater attention to the use of human bio-material has led to an increase in the number of studies devoted to biobanks. In considering the question of whether a biobank can be subject to insolvency, the present article discusses multiple points of view related to the legal status of biobanks according to which they are perceived either as an object or subject of law. From an analysis of the various organizational forms of biobank activity, the author argues that biobanks should be considered as subjects of law. Here considerations include accessing financial support from government, municipal, and other sources, the possibility of carrying out income-generating activities, mechanisms for the protection of obtained bio-material, the monitoring requirement related to entities carrying out such activities, and the possibility of recognizing such entities as insolvent. Based on the results of this research (including an analysis of the experience of foreign countries), the permissible organizational-legal forms that biobanks are instantiated, namely, public corporations, public-law companies, institutions, and public benefit funds. Because of the sensitivities involved, it is argued that such organizations should be of a non-profit character. In the light of the research question, special attention is paid to the form of a consortium. Due to the impossibility of liquidating the assets of biobank organizations in order to meet the claims of creditors, it is argued that such organizations cannot be declared insolvent.

Experience of Foreign Countries in the Development of Kinetic Intelligence of Students

The article reflects on the results of research on the experience of foreign countries on the development of kinetic intelligence among students. Methods and approaches used in different countries to encourage physical activity, sports and creativity among students of higher educational institutions are analyzed. Also, the practice of applying the best practices used in foreign educational institutions in the educational system of our country was studied.

Features of the process of evidence in criminal procedure of the United States of America

Recent years have been marked by a great growth of comparative legal research in various branches of legal science, which are gaining a growing number of supporters. The given process makes it possible to show the originality of certain branches of law, their institutions, norms in different legal systems, to compare the data of a specific branch of law with similar branches in other legal systems, and to reveal national differences. The practical significance of the given activity lies in the study and generalization of both positive and negative legal experience of foreign countries. In today’s transparent world, with the growing importance of the international component in the fight against crime, a legal expert needs knowledge that goes beyond the national legal field for a reason, with the purpose of its proper use in the process of international cooperation in criminal proceedings between states in particular.
 Nowadays there is the process of convergence of various criminal procedural systems of the world. And in this regard, the Anglo-American system of the criminal procedure, the United States of America (hereinafter the USA) in particular, is quite interesting. The given system has distinctive features that are different from the national system and deserve attention. They are the sources of the US criminal procedural law which include judicial precedent, regulations and legal doctrine. The peculiarity of the given system is that it is based on adversarial proceedings and justice, it generates phenomena of the criminal procedure, namely the plea agreement, the jury trial, the concept of restorative justice, the discretionary powers of persons conducting criminal proceedings, etc. Yet another characteristic feature of the Anglo-American system of the US criminal procedure is the specifics of the implementation of evidentiary criminal procedural activity.
 The focus of the given article is on the study of the specificity of evidentiary activity, such as questions related to: the concept, classification, sources and properties of evidence in the criminal procedure of the United States of America, the peculiarities of the process of evidence at certain stages of the procedure, the legal position of certain subjects of evidence. The materials of the article are of both theoretical and practical value. They can be used for further scientific research on the peculiarities of national criminal procedural evidence, as well as for the proper understanding and implementation of its law enforcement criminal procedural activity.

Optional features of the objective side in crimes against life and health under the legislation of some countries of the Romano-Germanic legal family (using the example of Germany and France)

The need for an integrated approach to the study of optional by nature signs of the objective side and their role in crimes against life and health requires turning to the experience of foreign countries. In this connection, the work examines some features of the construction of optional signs of the objective side in the above-mentioned criminal offenses in the criminal legislation of Germany and France. The conducted comparative research made it possible to see ways of improvement and vectors of development of criminal law policy, the implementation of which is carried out precisely by the correction of the criminal law. Based on the results of the work, the author indicates that legislators in Germany and France, unlike in Russia, do not attach serious importance to optional signs of the objective side when constructing crimes against life and health. At the same time, certain features in the regulation of optional signs of the objective side in crimes against life and health, which are not characteristic of domestic law, are still refined. For example, in Germany, in relation to murder in a state of passion, not only the determinants of the occurrence of a state of strong emotional excitement, but also the pre-criminal behavior of the subject of the crime are taken into account. It is also noted that the German Criminal Code regulates liability for participation in a fight; it regulates liability for abortion that occurs outside the established period of pregnancy at which it is possible. In addition, it was revealed that the French Criminal Code criminalizes hiring to commit murder if the mercenary did not plan to commit a criminal act. In conclusion, the author of the work suggests ways to improve domestic legislation taking into account the studied foreign experience.

Модели организации деятельности полиции зарубежных государств в сфере взаимодействия с гражданским обществом

Introduction. In solving the problem of interaction between the police and civil society institutions in implementing the law enforcement function of the state, the policing experience of foreign countries can be actual for developing new conceptual provisions and dogmatic solutions adequate to contemporary conditions. The research of different models of police activity organisation in foreign countries will reveal common patterns and suggest more efficient and effective measures to organise interaction between the police and civil society institutions in Russia. Purpose of the research is to identify the most effective management mechanisms for the formation of interaction between the police and civil society institutions in implementing the law enforcement function of the state on the basis of theoretical and legal analysis of models of the organisation of police activities in foreign countries. Theoretical aspects of the organisation of local self-government, traditionally historically linked to policing, are reflected in the theses of E. S. Gorbatyuk, I. A. Gorsheneva, D. O. Ezevsky, A. M. Kononov and others. Comparative analysis of police activity of foreign states, including cooperation with civil society institutions, was carried out in the researches of I. A. Andreeva, A. V. Bykov , D. V. Vasiliev , A. V. Gubanov, E. V. Kirichok, A. K. Kiselev, O. B. Moroz, V. F. Saetgarayev, A. I. Stepanyan and others. The issues of interaction of the police and society were considered in the works of P. N. Kobets, N. S. Nizhnik, G. R. Rustemova, I. S. Prikhodko and others. The theory of the relationship between local political culture and the organisation of police activities (J. K. Wilson) was used to identify and evaluate the mechanisms of partnership between the police and society. Methods. The research is based on the system approach, general scientific methods (primarily analysis and synthesis), the method of materialistic dialectics; special methods: comparative-historical, formal-legal; historical-legal analysis, chronological method. Results. The studied models of police organisation in foreign countries are derived from the generic concept of “service model of police organisation”, are aimed at social cohesion, stability with a high level of citizen participation and are relevant for different countries. The priority task of the Russian Ministry of Internal Affairs is the social orientation of its activities, which allows police units to make their best in using the social and public potential of the Russian society in solving the tasks assigned to them.

Employment of persons with disabilities: russian and foreign trends

In modern conditions, the problem of employment of disabled people is relevant. Many people with disabilities have difficulty finding a job, and the trend in the labor market remains unchanged to reduce the number of working people with disabilities. The article presents data from the Federal State Statistics Service for 2023 on the number of disabled people, their employment and ways to find work in Russia. The foreign experience in promoting the employment of citizens with disabilities has been studied. The measures of the state policy to promote employment in the territory of the Russian Federation are outlined. The problems of employment of disabled people are indicated and ways of solving them are given, including by analogy with the experience of foreign countries.

Подходы к формированию концепции цифровой трансформации садоводства Российской Федерации

Abstract. The need to increase the production of fruits and berries raises the question of increasing productivity, which is possible in modern conditions through the digital transformation of the horticulture industry. The purpose of this study is to develop approaches that will allow us to prepare a concept for the digital transformation of the country's horticulture. Research methods: socio-economic analysis, graphical and SWOT analysis. Scientific novelty of the research: the strengths and weaknesses of the development of digitalization in horticulture in the Russian Federation, the emerging opportunities and threats, have been identified, factors hindering the development of digital technologies in the country's horticulture have been identified, and measures have been proposed to mitigate their impact. Research results. The article examines the provision of fruits and berries of the country's own production by region in relation to actual consumption and consumption standards recommended by the Ministry of Health of the Russian Federation in the period 2010-2021. Based on the calculations made, it was concluded that in recent years it has been possible to increase these indicators in the country as a whole to 37.9 % and 27.3 %, respectively, however, the share of imports remains high and the issue of increasing horticultural products is very relevant. The SWOT analysis of the development of digitalization in horticulture in the Russian Federation showed that along with the capabilities of digital technologies, there are also weaknesses, the main of which are significant investment costs for both design organizations and users – specific agricultural producers. Factors hindering the development of digital technologies in Russian horticulture are divided into five groups: industry, economic, government, technical and social. To mitigate the impact of these factors, it is recommended to use additional government support measures, as well as cooperation and the creation of clusters, which is confirmed by the experience of foreign countries. Examples of successful Russian cooperatives in the field of growing and harvesting fruits and berries are given. The proposed approaches can be used when developing at the state level the concept of digital transformation of horticulture both in the Russian Federation as a whole and in individual regions.

International experience of combating criminal interference with the legal activities of military formations

The article analyzes international and foreign experience in combating criminal obstruction of the legitimate activities of military formations. Based on the experience of foreign countries, the strategies and methods used to prevent and counteract criminal obstruction of military operations are highlighted. International legal acts and agreements aimed at ensuring the security and protection of the legitimate interests of military formations in the performance of their duties are studied.
 Military formations performing their duties in conflict and insecure environments often face criminal obstruction of their legitimate activities. This may include attacks on the military, destruction of military property, restriction of access to resources and other acts aimed at violating the rule of law and disrupting the military regime.
 The issue of criminal obstruction of legitimate activities in the international and/or foreign dimension attracts the attention of both domestic and international scholars. At the same time, in the scientific literature, this issue is considered to a limited extent only in relation to obstruction of a specific type of activity of a person, business entities, officials, public and state figures, journalists and other victims. This is highlighted in the scientific works of such scholars as N.O. Gutorova, S. V. Mohonchuk, and Y V. Pylypenko [1, p. 79]. However, the science of criminal law lacks a theoretical basis for the international and foreign experience of combating criminal obstruction of the lawful activities of military formations. Thus, the purpose of the article is to reveal this issue and to provide a theoretical substantiation of the key elements of the crime under Article 114-1 of the Criminal Code of Ukraine.
 M.D. Sergievsky stated that scientific research cannot be limited to the positive law of any one nation (domestic law). And the necessary material should be the used definitions of the law of other states [2, p. 3].

Features of pre-judicial investigation in criminal proceedings in foreign countries

The scientific article is devoted to the definition of certain features of the procedure for conducting a pre-trial investigation in criminal proceedings of foreign countries. The origins of the separation of the «preliminary investigation» as a separate stage of the criminal process are established, as well as the relationship of national legal traditions and types of legal systems with the corresponding standards inherent in the criminal process is traced.
 The analysis of the criminal procedural legislation of the Federal Republic of Germany, the Kingdom of Spain, Great Britain and the French Republic was carried out. The main aspects of the pre-trial investigation and inquiry of the Federal Republic of Germany have been studied. It has been established where criminal proceedings begin, how the interaction between prosecutors and police officers is configured, which is free evidence. Attention is focused on the types of suspicions depending on the degree of probability and functional purpose.
 It was determined that the pre-trial investigation as an independent stage of criminal proceedings, according to the Criminal Procedure Law of Spain, is always the first in the criminal process. However, at the same time, the inquiry is in no way formally separated from the pre-trial investigation. The prosecutor and the investigating judge are united with the common goal of identifying the person who committed the crime and collecting the necessary evidence. The specifics of this stage depending on the type of proceedings are also indicated.
 The characteristic features of criminal proceedings in Great Britain, which do not include the stage of pre-trial investigation at all, are considered. Despite the possibility of the defense party to collect evidence independently, the police's activities are considered extra-procedural, and therefore all the factual data collected by them need to be presented to the magistrate and their further confirmation.
 The position and procedure for starting an investigation under French law is outlined. Her criminal process considers inquiry and preliminary investigation as separate independent stages. First of all, an inquiry is conducted, then a criminal prosecution is initiated, after which a preliminary investigation begins.
 The conclusion of the article emphasizes the need for coordinated work of law enforcement agencies based on the principles of the rule of law, legality and justice. The necessity of applying the experience of foreign countries in improving the pre-trial investigation of Ukraine is argued.

ISSUES OF IMPLEMENTING AN INTEGRATIVE APPROACH TO COUNTERING EXTREMISM: POLITICAL AND LEGAL ASPECT

In this article, the authors analyze domestic and foreign experience in political and legal regulation of the system of countering extremism. The need for comprehensive interaction in matters of preventing and combating extremist manifestations on the territory of the Russian Federation, government bodies, law enforcement agencies with public organizations and civil society institutions is revealed.The authors come to the conclusion that even in the context of a special military operation and external sanctions, taking into account and implementing the experience of foreign countries in the fight against extremism in the Russian legal system is still significant.

JUDICIAL INTERPRETATION AS INFORMAL CONSTITUTIONAL CHANGES: QUESTIONS OF LEGITIMACY IN THE ASPECT OF THE DOCTRINE OF CONSTITUENT POWER

Background: Stability is considered a traditional legal value, particularly in relation to the stability of the constitution. This emphasis on stability stems from the need to protect the text of the constitution from frequent and unreasonable changes. However, stability must be combined with dynamism, a task primarily shouldered by the judicial branch of power through constitutional interpretation. Notably, ideas of judicial rule-making and the notion of a living/invisible constitution are only some manifestations of such a phenomenon as informal changes to the constitution. Yet, the potential risks posed by judicial intervention and the legitimacy concerns surrounding such informal changes warrant scrutiny. What is the correlation of informal constitutional changes through interpretation with the traditional doctrine of sovereign constituent power? What should be the limit of the interpretation of the constitution so that such an interpretation is not recognised as abusive? These and other issues are the focal point of research in the article. Methods: The following methods were used to research the main approaches to informal changes to the constitution. The system-structural method was used to characterise the concept of a living and invisible constitution and varieties of informal constitutional changes and to establish the relationship between these concepts. The logical-legal method made it possible to find out the content of the positions of scientists regarding the potential violation of the boundaries of interpretation of the constitution by the courts, as well as arguments for and against the legitimacy of judicial interpretation, an assessment of informal changes in the constitution from the standpoint of modern views on the doctrine of constituent power. Additionally, the comparative method was employed to study the experience of foreign countries in terms of the characterisation of binding interpretation. Results and Conclusions: The study analyses the current state of the concept of informal changes to the constitution through judicial interpretation, its connection with the doctrine of constituent power, as well as the question of the legitimacy of such an interpretation and its limits. The primary conclusion is that judicial activity guarantees the protection of the material constitution, principles and human rights. That is, the judiciary does not allow sovereign decisions made democratically (by the people) to infringe on human rights. Thus, the text of the constitution is interpreted in a conformal way to individual rights. Questions about the role of the judiciary, the possibility of informal changes to the constitution, and judicial lawmaking as such can be an indicator for distinguishing between authoritarian/totalitarian countries and democratic ones.

The place of the constitutional complaint in the human rights protection mechanism in Ukraine

This paper constitutes a fundamental study aimed at analyzing the institution of the constitutional complaint as a significant element in the system for the protection of citizens' social rights. It highlights the legal establishment and procedural aspects of the constitutional complaint, reviews current judicial practice, and the challenges faced by the Constitutional Court of Ukraine in its consideration. The author's research also focuses on the importance of the constitutional complaint for applicants, revealing its impact on the possibility of a retrial based on the conditions established by the Constitutional Court. The analysis includes an examination of the historical development and legal establishment of the constitutional complaint in Ukraine, paying attention to its role in strengthening legal guarantees and the protection of fundamental rights and freedoms. The influence of the Venice Commission and international legal standards on the formation of the constitutional complaint institution in Ukraine is separately considered. The paper includes arguments for the necessity of further development of the constitutional complaint institution, taking into account national peculiarities and the experience of foreign countries, to ensure effective protection of human rights. The authors highlight the key role of the constitutional complaint in the system of legal guarantees, emphasizing its significance for the democratization of society and the strengthening of the rule of law. The research results make a significant contribution to understanding the conceptual foundations, principles of operation, and legal regulation of the constitutional complaint institution, proposing ways for its optimization and integration into the Ukrainian legal system. The paper's conclusions stress the necessity of ensuring fundamental rights and freedoms of individuals as a key condition for the functioning of the rule of law and the development of a democratic society, defining the constitutional complaint as a significant tool in this process. A detailed analysis of legal aspects, judicial practice, and challenges faced by the Constitutional Court of Ukraine in considering constitutional complaints indicates the need to strengthen mechanisms for the legal protection of citizens' rights and freedoms. Highlighting the motivation of applicants and the role of the constitutional complaint in their legal protection demonstrates its significance both for individuals and for strengthening a democratic rule of law. Analyzing the contribution of domestic and international scholars to the development of the theoretical base of the constitutional complaint institution, the authors underline its importance in forming a legal system aimed at protecting the fundamental rights and freedoms of citizens.

INNOVATIVE APPROACHES TO THE FORMATION AND IMPLEMENTATION OF INTERSECTORAL COOPERATION

The article is concerned with the study of theoretical foundations and practical aspects of formation and development of intersectoral cooperation in world practice. The article considers the existent approaches to the definition of the concept of "intersectoral cooperation", in particular from the standpoint of generating innovative solutions to existing problems, as well as its features and types. It is found that intersectoral cooperation is a constructive and mutually beneficial interaction of three sectors: the state, the business sector and institutions of civil society. The conditions for ensuring effectiveness in the process of establishing intersectoral cooperation are determined. The importance of the communication process as the basis of interaction is emphasised. The institutional structure of intersectoral partnership is outlined, including regulatory principles, mechanisms for implementing the principles and corporate social responsibility. The prerequisites and features of the emergence of intersectoral partnership at the regional level are determined. The experience of foreign countries in the development of intersectoral cooperation in various fields, in particular of the EU member states, is considered.

Historical and Cultural Blocks Protecting and Developing— Take Italy as well as China, for example

Cultural heritage is the physical symbol of human civilization’s long history and is human beings’ precious national, spiritual, and cultural wealth. With the acceleration of China’s urbanization and new rural construction, China’s cities face the contradiction between protecting and developing cultural heritage. Solving and balancing the relationship between the two requires sorting out the characteristics and protection problems of China’s historical and cultural heritage and drawing lessons from the mature experience of foreign countries.

CONDITIONAL RELEASE OF MINORS FROM SERVING THE SENTENCE

In this article, conditional release of minors from serving the sentence, the essence of this legal institution, the history of development, the experience of foreign countries, as well as the scientific approaches of scientists who have conducted scientific research in this field are analyzed. In addition, on the basis of statistical data, today in the Republic of Uzbekistan, the level of conditional release of minors from serving the sentence by the courts and examples of court sentences are given.

LEGAL REGULATION AND INSTITUTIONALIZATION OF DIASPORA POLICY: ANALYSIS OF FOREIGN AND NATIONAL PRACTICES

The article examines the essence of the diaspora phenomenon and its significance. International legal acts on cooperation with the diaspora are analyzed. Information is presented on the policies, regulations and institutional structures of foreign countries related to the formation and development of relations with the diaspora. An analysis of national legislative acts on the development of constant dialogue and cooperation with compatriots abroad was also carried out. Based on international acts and the experience of foreign countries, the author put forward proposals and recommendations for the further development of cooperation with compatriots abroad, as well as encouraging their participation in the reforms ongoing in the country.

Some issues of disciplinary responsibility of judges: experience in Uzbekistan and abroad

This article examines in detail the principles of disciplinary liability of judges, the procedure for initiating disciplinary proceedings against a judge, types of disciplinary sanctions and their application, as well as the procedure for appealing decisions on the application of disciplinary sanctions, based on the experience of advanced foreign countries. The author analyzes the need to adopt the Law of the Republic of Uzbekistan “On the status of judges in the Republic of Uzbekistan”, taking into account the positive experience of foreign countries. In addition, the article develops substantiated proposals aimed at improving theoretical and legal documents on the disciplinary liability of judges.

Possibilities of improving the activities of attorney’s assistant in the Republic of Uzbekistan

This article, based on the experience of foreign countries, discussed the main provisions relating to an assistant lawyer, the requirements for him to become an assistant lawyer, persons who cannot be assistant lawyers, and documents regarding the regulation of the activities of an assistant lawyer adopted by the Chamber of Lawyers Republic of Uzbekistan. The authors paid special attention to the inclusion of an assistant lawyer in the list of persons who cannot subsequently be questioned as witnesses under attorney-client privilege, and to the fact that the employment contract concluded with an assistant lawyer must be fixed-term.