Experience Of Legal Regulation Research Articles

Legal regulation of police organization and operations: European experience

The article examines the challenges of applying European experience in legal regulation of police organization and activities to Ukrainian legislation in the context of European integration processes. The author analyzes the current state of reforming the National Police of Ukraine, identifying key problems and challenges in implementing European standards in law enforcement activities. The paper discusses key aspects of adapting national legislation to European Union norms, particularly in human rights protection and public safety. Special attention is paid to analyzing the Law of Ukraine “On National Police” for compliance with international standards of police accountability and public oversight mechanisms. The author identifies main obstacles to effective implementation of European experience in Ukrainian police activities. These include insufficient regulation of public control mechanisms, lack of ratification of important international documents, the need to improve information and analytical support, and overcoming the “force-based” model in favor of a “service-based” approach. The article emphasizes the need to transform not only the legislative framework but also the mindset of police officers and society as a whole. It examines the implementation of new forms of policing, such as patrol police and dialogue police, as well as the application of modern technologies and analytical methods. Special attention is paid to anti-corruption issues in the law enforcement system and ensuring proper resource support for police activities, especially under martial law conditions. The author emphasizes the importance of further improving the regulatory framework to ensure effective protection of citizens’ rights and freedoms, increasing police transparency, and strengthening public interaction. The conclusions emphasize the need for a comprehensive approach to reforming Ukraine’s law enforcement system, considering European experience while taking into account national specificities and current challenges facing the country.

Russian Experience in Legal Regulation of BRICS Investment Platforms

Aim. The article aims to formulate the problem of formation of such type of investment institutions as investment platform in BRICS.Tasks. The objectives of the article are defined by the fact that the executive director of the Russian Direct Investment Fund proposed to create a joint investment platform of BRICS countries, allowing BRICS members to invest more actively in the economies of their partners. And as is known, BRICS countries currently play a significant and constantly growing role in world politics and international relations. Methods. In the process of research the set tasks were solved by the author usin g general scientific (historical, dialectical, systemic, logical, method of analysis) and legal (comparative legal, sociological, axiological) research methods.Results. The result of the research is the proposal based on the Russian experience of regulation of platform services (financial platforms, investment platforms and information systems) on the formation on the basis of the Russian regulation model of the concept of building the corresponding institution within BRICS. At the same time, the article also draws attention to possible problems that may arise during the preparation of the relevant international act. In particular, the implementation of this initiative raises a wide range of technical, economic and legal issues that require detailed consideration.Conclusions. When choosing specific investment methods that can be used on such a platform, it is necessary to take into account the needs of businesses and the population, both in the long-term and short-term attraction and placement of resources. In particular, legal regulation of the choice of the legal regime for investment should influence the choice of the legal status of entities that will be admitted to such a platform, highlighting, for example, qualified investors or retail investors.

Legal regulation of the securities institute in the context of integration of new regions of Russia

Before joining the Russian Federation, the Donetsk and Lugansk People’s Republics already had their own, Russia-oriented, experience in legal regulation in the financial market. The Zaporozhye and Kherson regions are moving into the Russian legal field directly from the law of Ukraine. The Ukrainian legislation, focused on the law of the European Union, provides for a wider range of equity securities than the Russian one, it is also clearer and more structured, therefore, an investor in the securities market, according to the author, will feel more comfortable in the Ukrainian legal field than in the Russian one. However, Russia has a longer experience of legal regulation of modern stock market instruments and the application of relevant norms. The effective integration of new regions into the Russian legal field would be facilitated by the streamlining of legal norms in our country concerning the institution of securities.

“Indigenous peoples, Business and the state: from the experience of legal regulation in the Russian arctic”

This article examines the role of the Commission on Legal Pluralism and one of its founders, Keebet von Benda-Beckmann (1946–2022), to whose memory I dedicate this analysis of the development of legal anthropology in Russia. In the article, I focus mainly on the indigenous peoples of the North of the Russian Federation. Legal pluralism methodology is important for the rights of indigenous peoples in modern Russia from various perspectives. Introduction to the work of the Commission on Legal Pluralism has been an important step in the formation of an interdisciplinary field of legal anthropology in Russia. Keebet von Benda-Beckmann played a major role in this process, and was involved in the 11th International Congress on Customary Law and Legal Pluralism, which was held in Moscow in 1997. Interdisciplinarity has become a defining trend in the study of the legal status of indigenous peoples in legal anthropology, both for the creation of special legislation and for the protection of indigenous rights. There has also been a significant turn in academic discourse from the study of customary law as a traditional law that existed in the past to the study of it as a regulator of the contemporary life of aboriginal and other communities. Field research in recent decades in the Russian Arctic confirms the need to emphasise the role of the state and globalisation when analysing the legal situation of indigenous peoples in the context of legal pluralism. In this article, two cases are analysed. The first is the development of the Russian Federation Standard on Social Responsibility for Business in the Arctic 2020, with which I was directly involved. My task as a legal anthropologist was to prepare a document that combined international law, national legislation, business standards and regulations, and the customary law of indigenous peoples of the North. The second case is related to the analysis of the regional legislation of the Republic of Sakha (Yakutia) concerning nomadic peoples, and consideration of indigenous customs and traditions in the state legal system. The importance of this perspective for the protection of the rights of these peoples is recognised in the decision of the Constitutional Court of the Russian Federation in response to the complaint filed by Gennady Shchukin, a representative of the Dolgan community of Krasnoyarsk Region, relating to the value of customary law in the regulation of hunting. Such judicial practice is rare, but it is of great importance in determining the status of indigenous peoples in the eyes of the state. This article deals with the possibility of taking into account the customary law of small indigenous peoples of the North based on documents adopted before 2022.

Problems of legal regulation of artificial intelligence in administrative judicial procedure

The use of digital technologies in administrative courts uses the legal systems of the European Union and the world to strengthen the ways of protecting human rights. This paper examines certain problems of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions, risks and benefits, prospects for the use of artificial intelligence in administrative judicial procеdure, taking into account foreign experience in legal regulation in this area. The concept of "artificial intelligence" is investigated. It is emphasized that the use of artificial intelligence technologies in administrative judicial procеdure is an acceptable use only of specialized intelligent systems that can work under human control. It is stated that when considering administrative cases in an administrative court of minor complexity, it is possible to use artificial intelligence technologies, which will be able to independently generalize and analyze legislation, judicial practice and be a recommendation for a judge when making a fair and lawful decision on the principles of the rule of law. It has been established that the use of artificial intelligence technologies in administrative proceedings provides opportunities for the effective implementation of the right to judicial protection, but can be used to take actions that are contrary to the rule of law, in particular regarding the violation of the right to a fair trial in administrative cases in administrative courts. The latter requires the improvement of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure using international principles and standards.

Legal mechanism for resolving tax disputes, which is initiated by submitting complaints to the business ombudsman council

Research article is devoted to the study of the legal mechanism for resolving tax disputes, which is initiated by submitting complaints to the Council of the Business Ombudsman, identifying the features and characteristics of this mechanism as one of the alternative ways of resolving disputes, in particular tax disputes. It is emphasized that tax disputes cause the submission of the majority of complaints to the business ombudsman, among them the following issues: blocking of tax invoices, VAT reimbursement, restoration of tax-legal status, determination of the customs value of goods, drawing up acts based on the results of tax audits, bringing to financial responsibility for violation of tax legislation, collection of tax debt and others. It is stated that more than 57 percent of complaints submitted to the business ombudsman in Ukraine relate to tax issues. It is shown that the business ombudsman determines the procedure for submitting, taking into consideration and considering complaints from business entities, makes decisions on the consideration of complaints in accordance with the regulations of the Council and forwards them for its consideration, and the Council of the business ombudsman considers complaints, makes requests to public administration bodies regarding their taking measures to implement the recommendations of the Council.The authority of the business ombudsman to organize cooperation on the part of the relevant parties as a mediator for the peaceful settlement of issues (in the form of concluding a “peaceful settlement”), which is the subject of their dispute, has been disclosed. The main features of the business ombudsman institution in Ukraine are highlighted and it is noted that the Business Ombudsman Council is not a threat to the public administration system, but contributes to the establishment of the trust of the business environment in the public administration and in general in the state. It has been noted that the issue of consolidation of the status of the business ombudsman institution at the level of a special law and clear definition of the legal boundaries of the business ombudsman’s exercise of powers, as well as research of the best experience of legal regulation and functioning of similar institutions in foreign countries and existing legal gaps, remains relevant.

«Подводные камни» одностороннего расторжения договора энергоснабжения (риски гарантирующего поставщика при уклонении от расторжения договора и при использовании механизма одностороннего отказа от договора)

The article analyzes the laws of the Russian Federation and the results of their implementation in the area of unilateral repudiation of a power supply contract through the prism of the implementation of the risks of a guaranteeing supplier of electric power in the form of invalidation of its actions and, as a consequence, imposition of administrative sanctions against it. The author examines two opposite situations, which do not contain elements of a violation: the guaranteeing supplier avoiding the termination of a power supply contract in the event of receiving a corresponding application from the consumer, and the guaranteeing supplier independently sending notices of unilateral repudiation of a power supply contract to the consumer. The study is divided into two main parts, each of which contains a detailed analysis of the laws on power supply with comparative legal references to foreign experience in legal regulation of the issues of power supply contract termination (on the example of the CIS member states) and a review of the court practice on various controversial situations, which have been settled in court decisions. The study has resulted in conclusions and recommendations on how to solve the problems arising in this area of activity for the guaranteeing supplier.

Crime Prevention System in the USSR: A Relic of the Past or a Model of the Future?

The current geopolitical situation in the world dictates the need to find new approaches in the field of countering global external and internal risks. Often such a search leads to the expediency of returning to social practices that have already been implemented and have proven their viability: if not a complete reverse, then the use of the most useful social tools that are maximally applicable in domestic conditions. Crime has always been one of the main internal threats to national security. In this regard, a retrospective study of the means and methods used to counter crime is not only interesting, but also practically useful. The experience of legal regulation and practical implementation of the crime prevention system in the USSR has both advantages and disadvantages. The identification of positive aspects, the identification of effective tools that could be used in the process of improving the currently existing crime prevention system in Russia, could make it possible to build the most effective promising model of counter-criminal activity at the present stage. The appeal to the crime prevention system in the USSR is due to the special significance of this period of national statehood, marked by significant historical events that demonstrated the role of the state in ensuring security, respect for human and civil rights and freedoms, including those who violated the law. During the Soviet period, special attention was given to the penitentiary and post-penitentiary period of the re-socialization of convicts, the provision of correctional and educational influence on them, a real system of preventing recidivism was built. Modern studies of such experience are actualized in connection with the organization of the probation system in the Russian Federation as a set of measures, functions and powers of the relevant entities assisting convicts who find themselves in a difficult life situation, which is ultimately aimed at preventing crimes.

Foreign experience in legal regulation of cryptocurrency taxation

The active development and distribution of cryptocurrencies around the world raises a natural question about the need to determine the procedure for legal regulation of taxation of transactions with cryptocurrencies. In this article, on the basis of the comparative legal method, the author examines the experience of legal regulation of cryptocurrencies and the procedure for their taxation in foreign countries. As part of the study, the experience of the United States of America, Singapore, New Zealand, Iran in terms of the legal regulation of cryptocurrencies and the procedure for their taxation is analyzed. It has been established that each of the above-mentioned states adheres to its own special approach in terms of regulation and taxation of cryptocurrencies. As a result of the study, three main models of legal regulation and taxation of cryptocurrencies in foreign jurisdictions were identified: the first approach is based on the recognition of cryptocurrencies as a type of convertible virtual currency that can be used as a means of payment. At the same time, in this approach, for tax purposes, cryptocurrencies are considered as property; under the second approach, cryptocurrencies are not recognized as legal tender. In the second approach, cryptocurrencies are treated as property for tax purposes; the third approach is based on a complete ban on the use of cryptocurrencies in the state, taxation of transactions with cryptocurrencies is not established.

Euthanasia: Domestic and Foreign Experience of Legal Regulation

The article discusses various approaches to the premature discontinuing of the life of a terminally ill patient both at the state and international level. The purpose of this study is to revise the previously established approach to the use of euthanasia in the Russian Federation. A different view of the use of euthanasia is necessary, among other things, because in some cases, only the premature termination of a person's life may be the only way to end his suffering from a vain struggle with an incurable disease. The difficulties associated with the use of the euthanasia procedure over a long time period are a topic of discussion for many scientists. The relevance of this topic is emphasized by the rapidly changing views on the possibility of using euthanasia from an ethical point of view. More and more international organizations are expressing their own views on euthanasia and assisted suicide. As for the legal order of individual states, there is a tendency to use one of three approaches to ending the suffering of a patient by causing death: the first approach is characterized by a prohibition on the use of euthanasia under the threat of criminal punishment and qualifying such an act as murder in the absence of a special corpus delicti; in the second approach, euthanasia is also a criminal offense, however, the criminal law of states using this approach establishes a special offense that provides for a milder punishment than murder; in the third approach, the law provides for the right to use euthanasia. The article provides a comparative analysis of the euthanasia procedure used in Belgium and the assisted suicide procedure used in Switzerland. In addition, the point of view of the European Court of Human Rights on the issues under consideration is given. The main research method is the analysis of scientific literature on the research topic, the analysis of normative acts of domestic and foreign legislation, a comparative analysis of the legal order of states that carry out various approaches to the application of the euthanasia procedure.

Applying Continuous Self-monitoring Systems for Industrial Stack Gases: International and Russian Experience of Legal Regulation

The approaches to the control of pollutant emissions of industrial enterprises by means of automatic measuring systems are presented. The available international experience of normative regulation of continuous emissions control, including the regulatory policy of the United States of America, the European Union, the People's Republic of China, the Republic of India, the Republic of Korea, is summarized. It was found that almost all countries that regulate air quality on the basis of the concept of the best available techniques have formed lists of pollutants, threshold values of their emissions, lists of industries or types of units, stationary emissions sources which are to be equipped with automatic measuring systems. The Russian system regulation of the negative impact on the environment in terms of the application of continuous emission monitoring systems is considered. Technical features of the organization of automatic control of emissions at different types of stationary sources are analyzed. The cases of the absence of practical possibility of making instrumental measurements of emissions are discussed.

Topical issues of the realization and protection of human rights in the practice of smart contract technology application

The subject and the aim of the study. The article analyzes the approach to smart contract technology, which is reflected in the scientific literature and legislation of Russia and foreign countries, formulates the advantages and disadvantages of a smart contract that affect the implementation and protection of certain constitutional rights, including freedom of contract, the right to protect, the right to manage personal data.Methodology. Guided by formal dogmatic and comparative law methods in research, the author formulates approaches to the concept of a smart contract that has been developed in the practice of foreign countries and deduces how each of the approaches affects the implementation of constitutional human rights. The paper notes that the use of a smart contract based on the federal blockchain does not allow the full implementation of such rights as freedom of contract, the right to self-defense, and the right to manage personal data. In addition, the transnational nature of smart contracts usage, their pseudonymity and failure to unified concept of legal regulation create obstacles to the effective implementation of the right to judicial protection.The main results. The practice of legal regulation of smart contracts in foreign countries, aimed at minimizing the negative consequences of the use of technology is considered. Some countries follow to the concept of recognizing a smart contract as a form of contract (Italy, United States, Republic of Belarus) and a way of guaranteeing fulfilment of obligations (China, Italy, Republic of Belarus, Russian Federation). The second concept is considered as being the most restrictive for digital progress from one side but being able to guarantee protection of human rights such as right to judicial protection or freedom of contract. The first concept which shows smart contract being a type of contract carries additional risks associated with conclusion of a treaty - inconsistency of the smart contract with the actual will of the parties. The third concept considered smart contract as a type of contract is accepted in the Republic of Malta. The Republic of Malta regulated procedure of voluntary certification for smart contracts that allow to eliminate such threats as violation of human rights and the use of smart contracts for criminal purposes. The experience of legal regulation of smart contracts in the Republic of Malta is recognized as reasonable and effective, however, it is concluded that certification will achieve its goals only if it will be implemented in the legal system of wide range of the countries.Conclusions. It is concluded that despite the fact that the smart contract technology has high potential for its implementation in various fields of social and economic life, the effective implementation of smart contract technology in various spheres of society requires the formation of general legal principles for their application, the definition of areas in which the use of smart contracts is prohibited, as well as the development of international standards for their safe execution.

Фальсификация реестра компаний по уголовному закону России, Великобритании и США: сравнительное исследование

The article examines the current criminal law prohibitions on falsification of registers of legal entities adopted in the Russian Federation, the United Kingdom, and the United States (at the federal and state levels). The topic of the article seems to be relevant, since such a study allows carrying out a wider - through contrast and comparison of existing regulations - study of the advantages and disadvantages of domestic experience in legal regulation and, if necessary, putting forward proposals for borrowing foreign countries' experience. The degree of scientific elaboration of the topic is low; Russian lawyers have not previously conducted similar studies. At the same time, crimes in the sphere of economic activity under Anglo-American law were studied earlier by N.E. Krylova, N.N. Polyansky, E.V. Chuprova, and other domestic researchers. Thus, the novelty of the article consists in the fact that it is the first Russian-language comparative legal study of the criminal falsification of the register of legal entities under the law of the Russian Federation, the United Kingdom, and the United States. The author of the article compares the norms of criminal law of the Russian Federation, the United Kingdom, and the United States, particularly focusing on the criminal law regulation of the falsification of the register of companies under the law of different states. The basis of the methodology is a combination of general scientific and specific legal research methods. The general scientific methods are: analysis, analogy, induction, interpretation, and others. The main specific legal methods are: the comparative legal method and the formal legal method. At the beginning of the article, the author gives introductory provisions on the role of criminal law in the protection of public relations in the field of economic activity and indicates the problem of the lack of scientific development of the topic. In the main part, the author analyses the criminal law prohibitions in force in the Russian Federation, the United Kingdom, and at the federal level and at the level of individual states in the USA. In the final part of the article, the author presents the main conclusions of the study. The article has theoretical and practical significance. Thus, the conclusions of the article enrich the scope of theoretical knowledge about the criminal law of the United Kingdom and the United States on the analysed criminal law prohibitions. With regard to the practical plane, the conclusions of the article can become the basis for future changes in Russian legislation.

Fake transactions in Russian law: history and modernity

This article examines the phenomenon of a fake transaction. The author shows the origin of this institution in the decisions of the civil cassation Department of the Governing Senate in the Russian Empire. In particular, it is shown that initially such decisions were about circumventing the law, then the idea of fictitious (imaginary) transactions was formulated, and only then were the imaginary and fake transactions differentiated. The Soviet approach was initially based on the division of the imaginary and feigned transaction with the indication reactions a fake transactions: nullity, but with the ability to save to cover its legal. The author analyzes the current legislation, judicial practice. The aim of the study is the determination of aggravating circumstances sham transactions, based on the legislative model of sham transactions, including the value at which regulatory provisions it is understood in the legal positions of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, courts of arbitration and courts of general jurisdiction, given the domestic doctrine and the experience of legal regulation. Based on the results of the study, the author formulated the main elements that form the model of a fake transaction in the law of the Russian Federation, including the qualifying features of a fake transaction.

Experience of legal regulation of divorce in certain Asian States

Experience of legal regulation of divorce in certain Asian States

Mechanism of administrative and legal regulation of the use of personal data by local governments

The article is devoted to studying the peculiarities of the mechanism of administrative and legal regulation of the use of personal data by local governments. The authors focus on the organizational, legal, and administrative-procedural principles of using personal data by local governments in Ukraine. The international experience of legal regulation of personal data use is analyzed. The purpose of the study was to determine the characteristics of the mechanism of administrative and legal regulation of the use of personal data by local governments. According to the purpose, the object of the study is the public relations that arise in the field of the use of personal data by local governments. And the subject of the study is the mechanism of administrative and legal regulation of such use. The methodological basis of the study is a set of general and unique methods of cognition, in particular: dialectical, historical, descriptive, methodology of scientific analysis, and generalization - comparative law, structural-functional and analytical. The authors made conclusions that to improve national legislation, Ukraine, under its obligations under the Association Agreement with the EU, must implement mechanisms for the appropriate level of protection of personal data.

Prevention and settlement of conflict of interests in public service: Ukrainian realities and foreign experience

The paper analyzes the definition of the concept of “conflict of interests”. A systematic, differentiated approach to the interpretation of the phenomenon of conflict of interests in the professional activity of public servants was formulated. The structure and types of conflict of interest are determined. Conflict of interest is defined as the presence of a private interest of a public official, which may or does affect the objectivity or impartiality of decision-making or the commission or failure to act, in the exercise of his official, representative or other public authority. The problem character of this phenomenon is noted. The analyzes of existing domestic legislation designed to regulate the process of prevention and settlement of the conflict of interest. This paper describes the phenomenon of corruption, its impact on the system of government; investigated a conflict of interest in public service as a kind of malfeasance. The paper stressed that the conflict of interest is a corruption risk in the work of the public servants. The paper noted the importance of creating an effective system to prevent corruption. Corruption is a significant problem in modern Ukraine, which significantly impedes the development of Ukraine as a democratic, legal and social state, impinges on the rule of law, and slows down the development of the economy. Therefore, effective prevention of corruption is an important task for the authorized bodies of public authority of Ukraine. The legislation includes the person’s plan of action in case of the conflict of interest. A comparative analysis of foreign experience in legal regulation of conflicts of interest, conceptual approaches are formulated of prevention and settlement of the conflict of interests in public-law relations by means of administrative law are given. In order to improve mechanisms for prevention and settlement of conflict of interest on the basis of international experience suggested, certain mechanisms aimed at preventing conflicts of interest.

INTERNATIONAL EXPERIENCE LEGAL REGULATION OF ORGANIC PRODUCTION

The article analyzes the norms and studies the experience of legal regulation of the production and circulation of organic products in the world and in the EAEU countries. The sources of information are: regulatory legal acts of legislation, reports and references of the EEC, international organizations, national legislation on the regulation of production and circulation of organic products. Methods of comparative jurisprudence were used.

Labour Law Reforming at Qatar: comparative research

Paper proposed highlights the experience of Qatar's labor law reform, its features, peculiarities of the countries of the Muslim Legal family taking into account. Mainly directions of aforesaid reform and structural improvements in the legal regulation of Labor Relations in comparison with the pre-reform period are determined. A comparative study with the relevant directions of industry reform in Ukraine was conducted. Similar and distinctive features, advantages and disadvantages of both systems are analyzed. Conclusions about the possibility of borrowing positive foreign experience into the domestic labor and legal reality were showed. Studying of Labor Relations legal regulation experience in the Middle East on the example of Qatar permit to encourage colleagues to put out a scientific discussion about such types of employment contract as educational and service ones, its core conditions, consider the proposals of the trade union movement within the framework of joint committees, outline the problems of sponsorship law and repatriation in connection with subject of Labor Law, discuss problems and apply positive experience in regulating the work of home-based workers, consider the possibility of introducing the institute of anonymous complaints in labor law, pay attention to the experience of creation a labor justice system. Special attention should be paid to a physical attack on the employer or direct supervisor as reasons for termination of the employment contract at the initiative of the employer. Simultaneously, Domestic system of labor law, although it is distinguished by more long-timed traditions of statutory guarantees in field of Labor and Social Security Law, is not without the need to borrow foreign experience in order to update it for the needs of modern social development, which should be devoted to furthermore comparative legal researches.

НЕКОТОРЫЕ ТЕОРЕТИКО-ПРАВОВЫЕ ВОПРОСЫ РЕЦЕПЦИИ ПУБЛИЧНОГО ПРАВА В НАЦИОНАЛЬНУЮ ПРАВОВУЮ СИСТЕМУ

The article analyzes the issues of the practice of legal adoption by the states of the post-socialist space of Western experience in the field of legal regulation, especially in the legal and public sphere, an attempt is made to analyze and generalize the various views of scientists about this legal phenomenon and its features. It is emphasized that despite the many definitions of this phenomenon, unfortunately, the theory of reception, adoptionof foreign experience in legal regulation has not yet been developed. The idea is argued that adoption someone else’s legal experience and methods of legal regulation is a very responsible and often quite risky process that requires a meaningful, scientific approach, and in-depth analysis and effective forecasting of its consequences. Based on the practice of modern legal development, the specifics of adoption, reception in the field of public law are analyzed, well-grounded proposals and recommendations are put forward to improve this process in Uzbekistan in the future.