Experience Of Legal Regulation Research Articles

To the question about the possibility of patenting human genes: experience of legal regulation in Russia and France

The article considers the problem of patenting human genes, encouraging the development of scientific inventions in the commercial field, the increase of investment attractiveness of research. It provides cases of these problems and the main approaches to solving them from the legal point of view.

International Experience of Legal Regulation of Social Vacations

The author of the article has studied international and legal acts that envisage the norms that provide social vacations for employees. The author has analyzed experience of legal regulation of social vacations in the USA, the countries of the European Union, the countries of the former Soviet Union, etc.
 It has been noted that the current period of development of the state and society makes new demands on the socialization of labor legislation, especially for employees with family responsibilities, taking into account the positive international experience. It is very important aspect of the welfare state, society must provide such persons with certain social protection and assistance, as well as labor benefits in connection with the responsibilities of raising children and other circumstances, because employees with family responsibilities have the possibility to combine their professional activities with family responsibilities without the damage for their own health, the interests of children and society. Social protection in a modern democratically organized society is the sphere of intersection of vital interests of citizens related to the realization of their socio-economic rights. It is the sphere of reflection of such universal values as equality, social justice, humanism and other moral principles of civilized society. Proper realization of the right to social protection helps to increase the individual status of a person and further the development of democratic principles of society.
 Therefore, it is necessary to take into account the positive international experience in the legal regulation of social vacations in the period of reforming the labor legislation of Ukraine. The author of the article has provided scientifically substantiated conclusions on the borrowing positive international experience of legal regulation of social vacations and implementing into national legislation.

Цифровые закупки в Казахстане: опыт правового регулирования

Цифровые закупки в Казахстане: опыт правового регулирования

ПРИНЦИПЫ И ЗАКОНОМЕРНОСТИ ПРАВОВОГО РЕГУЛИРОВАНИЯ ГЕНЕТИЧЕСКОГО СКРИНИНГА ПРИ ПРЕНАТАЛЬНОЙ ДИАГНОСТИКЕ В КИТАЙСКОЙ НАРОДНОЙ РЕСПУБЛИКЕ

The article analyzes the features of legal regulation of genetic screening for prenatal diagnosis in the people’s Republic of China. The conducted research allowed to establish the main principles and regularities of the corresponding regulation. It is summarized that the leadership of the people’s Republic of China conducts a targeted policy for improving the health of the population, where one of the priorities is not to increase the population, but to improve the” quality “ of newborns (in the context of health). Realizing, in this regard, the positive possibilities of genetic screening in HDP in terms of improving the overall level of health of the population, the state is making a lot of efforts in the financial, legal, scientific, social and other spheres for its wide implementation in everyday clinical practice. Genetic screening when PND is free and available to alsegments of the population of China, it is part of health services financed by the state. These principles, as shown by the analysis of the legal framework for genetic screening in HDP, are system-forming in the framework of its legal regulation in the PRC. Currently, the main trend in the development of Chinese legislation in the field of genetic screening for HDP is more detailed regulation of various aspects of the use of this medical technology. China’s accumulated experience in legal regulation can be taken into account by the domestic legislator

DIGITALIZATION OF SOCIAL AND LABOR RELATIONS IN A CHANGING WORLD: COMPARATIVE LEGAL ANALYSIS

The onset of the information society and the digital economy is a natural stage in the development of any state. Informatization of all spheres of social life actualizes the issues of research of already established social relations and their legal regulation, taking into account a new element — their digital support. Employment relationships, as well as social security relationships, are no exception in terms of digital penetration. Labor legislation and legislation on social security, being independent, are often implemented in a systemic relationship, since they are aimed at ensuring the quality of life of individuals. This relationship affects a variety of aspects: employment, the combination (balance) of work and family responsibilities, as well as private life and health care. This determines the potential for a comprehensive analysis of the labor and social rights of citizens in the context of digitalization. The importance of such studies is all the more obvious because, in the context of the spread of the new coronavirus infection, the restrictions imposed, including social distancing, made it impossible, for many, both to carry out work activities and to apply for and receive social benefits. The preservation of the quality of life of the population of this state largely depends on the extent to which the state’s reaction, expressed externally in the form of adopted regulatory legal acts, corresponds to the current situation and helps to solve emerging problems. This article, based on the comparative method of scientific research, shows the development of remote work in Russia and in foreign countries. The importance of information, information technologies and systems in the field of social security is analyzed. The spread of the new coronavirus infection has affected the whole world, and the experience of legal regulation, developed in states with different levels of development, can, taking into account its interpretation, be applied to a certain extent in Russian conditions. In addition, the article emphasizes that the law of any state should be oriented towards international standards in the relevant area.

Agricultural production of genetically modified products as a means of ensuring food security: European experience in legal regulation

The article deals with the issues of legal regulation of the use of genetically modified organisms in the process of agricultural production in the European Union.The solution to the problems of agricultural production intensification is primarily possible through the use of new modern intensive technologies of crop production, animal husbandry and fisheries, which are also developed on the basis of the latest achievements of the biotechnological industry. One of the directions of intensification of agricultural production is the use of genetically modified crops, which allows increasing the profitability of growing plants, ensuring their increased resistance to negative climatic conditions, pathogens of infectious diseases, etc. The possibility of using such technologies is related to the need to assess their potential risk to the environment and human health.For almost 20 years, the European Union has had a fairly developed system of regulations governing various aspects of the use of genetically modified organisms in agriculture. However, their commercial use in the European Union for various reasons (complexity of administration, negative attitude in society, etc.) has not become widespread over time, and in most member States has now been banned. Taking into account the European experience, the author concludes that it is necessary to use other methods to intensify agricultural production, and the ban on the commercial use of genetically modified organisms in food production is justified due to insufficient scientific data on their safety for human health and the environment

Development of mediation institute in Poland: genesis and activity experience of the centers

Development of mediation institute in Poland: genesis and activity experience of the centers

GENESIS OF THE INSTITUTE OF CONSTITUTIONAL RESPONSIBILITY IN THE LEGAL SYSTEM OF KYIV RUS

Purpose. The aim of the article is to study the genesis and development of constitutional responsibility in Kyiv Rus. Methodology The methodology provides for a comprehensive study of historical and theoretical material on this issue, as well as the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: historical, historical-legal, terminological, formal-logical, system-functional. Results. In the course of the study it was established that during the period of Kyiv Rus constitutional legal responsibility had the following types: 1) individual constitutional and legal responsibility, which was manifested in the responsibility of the Kyiv prince and princes for their social and political activities; 2) collegial constitutional and legal responsibility, the subjects of which were the council, the council of boyars, as well as other state bodies that existed under the Kyiv prince and princes. Scientific novelty. According to the results of the study, it was established that the institution of constitutional legal responsibility of the period of Kyiv Rus was at the stage of formation and provided for a combination of positive and negative, individual and collegial aspects of constitutional legal responsibility. Practical significance. The results of the study and historical experience of legal regulation can be used to improve the current legislation of Ukraine on constitutional responsibility.

Правове регулювання ринку косметологічних послуг: порівняльно-правовий аналіз

Стаття присвячена дослідженню правового регулювання ринку косметологічних послуг у країнах ЄС, США, Канаді й Україні. Виокремлено та узагальнено позитивний досвід такого правового регулювання в зарубіжних країнах. Доведено доцільність його запровадження в Україні, розроблено пропозиції щодо удосконалення вітчизняного законодавства, що регулює ринок косметологічних послуг.

Artificial Intelligence and Robotics: The Possibility of Invasion of Human Rights and Legal Regulation of these Processes in the EU and the World

The paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. Conclusions are drawn on the possibility of using the world scientific achievements for the long-term development of the law of the Russian Federation. It is also possible to apply positive foreign experience of legal regulation of artificial intelligence and robotics adapted to the conditions of integration organizations with the participation of the Russian Federation.

BITCOIN AS A SPECIAL KIND OF CRYPTOCURRENCY: A CONCEPT, MEANING AND PROSPECTS OF LEGAL REGULATION IN BUSINESS

In order to develop the digital economy in the Russian Federation, the Program «Digital Economy of the Russian Federation» that is aimed, inter alia, at the formation of a regulatory framework for the legal regulation of new relations in the field of digital economy, was approved by the Decree of the Government of the Russian Federation No. 1632-r of July 27, 2017. Particularly relevant in this regard is the issue of cryptocurrency and bitcoin legal regulation. The article deals in detail with a special type of cryptocurrency, namely: bitcoin. The author analyzes the main problems associeted with the necessity of legal regulation of cryptocurrencies. The conclusion is made that legal regulation of cryptocurrency as a means of payment requires a complex approach and it is impossible without due regatd to the peculiarities of legal regulation of bitcoin. The paper provides for the interaction between the concept of bitcoin and other key concepts, namely: virtual currency and digital currency. The author concludes that it is necessary to create a non-governmental self-regulatory organization supported by the State in order to protect the interests of the cryptocurrency business. Since legal regulation of cryptocurrencies is global in its nature, the article examines the foreign experience of legal regulation of cryptocurrencies and their types.

Використання спеціальних знань оперативними підрозділами за межами кримінального провадження: недоліки правової регламентації

Метою статті є виявлення недоліків правової регламентації порядку використання спеціальних знань співробітниками оперативних підрозділів за межами кримінального провадження та формування, з урахуванням зарубіжного досвіду, пропозицій щодо їх усунення.
 Наукова новизна полягає у комплексному дослідженні питань удосконалення правової регламентації використання спеціальних знань оперативними підрозділами вітчизняних правоохоронних органів під час здійснення ними діяльності з виявлення, припинення, попередження і розкриття правопорушень за межами кримінального провадження. Автором проаналізовано положення нормативно-правових актів, які регламентують правовий статус того чи іншого правоохоронного органу (державного органу спеціального призначення з правоохоронними функціями), а також актів, що регулюють здійснення їх оперативними підрозділами окремих різновидів оперативної діяльності (оперативно-розшукової, контррозвідувальної тощо). Досліджено досвід правової регламентації використання спеціальних знань в діяльності оперативних підрозділів правоохоронних органів країн, ментально близьких до України.
 Висновки. З урахуванням виявлених недоліків правової регламентації, а також зарубіжного досвіду законодавчого регулювання зазначених питань запропоновано внесення відповідних змін до законів України «Про контррозвідувальну діяльність» та «Про оперативно-розшукову діяльність» в частині доповнення повноважень підрозділів, наділених правом здійснення оперативно-розшукової і контррозвідувальної діяльності, положенням щодо їх права залучати спеціалістів, які володіють науковими, технічними та іншими спеціальними знаннями, під час виконання покладених на них завдань. Крім того, запропоновано здійснити окрему законодавчу регламентацію прав і обов’язків осіб зі спеціальними знаннями, які залучаються до участі в оперативних заходах.

К ВОПРОСУ О ПРАВОВОМ РЕГУЛИРОВАНИИ ВНЕШНЕЭКОНОМИЧЕСКИХ ДОГОВОРОВ В АГРОПРОМЫШЛЕННОМ КОМПЛЕКСЕ

The problems of development of agriculture, ensuring food security in Russia are currently relevant and require regular consideration from the standpoint of the use of foreign experience of legal regulation of agricultural relations and the use of proven techniques in practice. The article deals with the peculiarities of legal regulation of foreign economic treaties in the agro-industrial complex in the Russian Federation and the world community. The foreign experience of legal regulation of agrarian relations is studied. Legal positions of scientists on the concept of foreign economic contract and its features, as well as judicial and law enforcement practice on the topic of research are analyzed.

THE EXPERIENCE OF THE EUROPEAN COUNTRIES AND THE USA ON THE LEGAL REGULATION OF THE INTERNAL LABOR ORDER AND THE WAY OF ITS LENDING FOR UKRAINE

The article analyzes the peculiarities of foreign experience of legal regulation of domestic labor regulations. The specifics of legal regulation of domestic labor regulations in European countries and in the USA are investigated.The ways of borrowing positive foreign experience in the national labor legislation are indicated. Emphasis is placed on the experience of Germany in the regulation of internal labor regulations: 1) a clear consolidation of the rights and responsibilities of employees and employers at a centralized level; 2) implementation of the principle of “mutual trust” of the employee and the employer in the legislation; 3) use of consultations with employee representative bodies in approving internal labor rules; 4) imposing a ban on posting orders on the bulletin board containing the names of employees and the nature of their violations of internal labor rules.In addition, there is an example of France, where for the first time among all other European countries the principle of "bilateral cooperation" ("laissez fair, laissez passer") was enshrined, which limits the state's participation in the economic life of the employer, but provides basic guarantees for the protection of workers' labor rights in this case. their violations. It is also interesting that, within the framework of internal labor regulations, the French legislator introduces the concept of "effective working time", and there is a so-called "compulsory period" during which an employee, without being in the permanent and immediate disposal of the employer, is obliged stay at or near your place of residence so that you can arrive at your place of work and fulfill your responsibilities.It examines the legal regulation of domestic employment in the UK, which is based on contractual and local legal frameworks, which contributes to the dynamic regulation of labor and related relations.It is noted that the rules of domestic labor in the United States are approved, as in England, by a single employer without any consultation with trade unions. United States labor law is two large blocks of legal rules: employment law (labor law) and labor law (collective labor law).

Мировой опыт предоставления пенсионных гарантий в добровольных пенсионных планах

The article deals with the provision of pension guarantees in voluntary pension systems. The importance of guarantees is due to the increasing role of non-state pension systems in international practice. World experience shows that problems within the framework of voluntary pension schemes are largely related to the issue of trust in the pension system. Solving the latter is interrelated with the necessity of consideration of guarantees. The article analyzes the pension guarantees in the legislation of different countries in order to identify opportunities to use international experience in legal regulation for the development of the pension system in the Russian Federation. The paper describes the fiduciary standards in voluntary pension schemes in different countries, as well as the principles of the OECD in financial protection of pension plan participants, implemented in the national legislation of the countries. The issue of investment return guarantees is particularly important in the context of voluntary pension schemes with defined contributions. The analysis helps to identify that Russia needs an introduction of legal frameworks of guarantees regulation to increase the number of participants in the voluntary pension system. The guarantee in voluntary pension schemes will be critical if the automatic enrollment mechanism is introduced in the Russian Federation as part of the system of individual pension capital. In particular, an important point is the introduction of a system of guarantees for participants’ rights as a concept in the Russian private pension system, as well as the implementation of basic legal principles and characteristics of this system.

INTERNATIONAL EXPERIENCE OF LEGAL REGULATION OF THE PROCEDURE OF TATTOOING SERVICES’ PROVISION AND ITS IMPLEMENTATION IN UKRAINE

Introduction: The fashion for tattoos in Ukraine and in the world is becoming massive among young people and middle-aged people. The existence of a great demand and the lack of standards that would establish a procedure for the provision of such services in Ukraine lead to the realization of such activities by persons who are not sufficiently knowledgeable about the safety, contraindications and risks of such activities for the health of a client. The realities of the present time indicate that the unregulated tattoo services can trigger the outbreak and spread of dangerous infectious diseases, and also pose a threat to public health. The aim: The objectiveof this article is to comprehensively analyze and study the main tendencies in the legal regulation of the provision of tattoo services in the EU countries and the US. The main task of the paper is to distinguish and generalize the positive experience of legal regulation of the provision of tattooing services, to formulate propositions for their implementation in Ukraine. Materials and methods: The authors during the research have used theoretical methods (analysis, synthesis, generalization, systematization, etc.) and empirical methods (observation, classification, etc.). The systematization and analysis of national and international legislation in the field of regulation of tattooing services has been carried out. Review:The authors of the article have analyzed the tendencies of legal regulation of the provision of tattooing services in the EU countries and the US. Analysis, systematization and generalization of legal regulation of tattooing in these countries made it possible to find out that the safety of the provision of such services for public health can only be achieved through comprehensive legal regulation that combines sanitary requirements, vocational training and licensing requirements, infection control and control of chemical composition of paints for tattoos. Conclusions: The necessity of introduction of positive experience in legal regulation of tattooing services in Ukraine has been established. It will protect the population from the spread of dangerous infectious diseases and will promote the health of the youth who massively address for such services.

THE PROBLEM OF PROTECTING THE INTERESTS OF CREATORS OF IDEAS IN THE RUSSIAN AND FOREIGN LEGAL SYSTEMS

THE PROBLEM OF PROTECTING THE INTERESTS OF CREATORS OF IDEAS IN THE RUSSIAN AND FOREIGN LEGAL SYSTEMS

Legal regulation of state support for small business: experience of Ukraine and Poland

For countries with a market economy small business is an attractive form of business organization because of its flexibility and mobility, which are so necessary for the Ukrainian economy. The purpose of the article is to analyze the experience of legal regulation and state support of small business in Poland and Ukraine and to determine its relevant directions for implementation in Ukraine. In Poland the approach of strategic building of state regulation of business within the framework of legal strategies for 3-4 years has proved its efficacy. Such principles of polish “New Constitution for Business 2017”, as the principle of proportionality of punishment for the violation; the principle of acquiescence; direct liability of civil servants for violation of the law, are innovative for Ukraine. The obvious disadvantage of the Ukrainian small business support system is the predominance of financial instruments, while the regional and local mechanisms for its implementation are under-developed. Ukraine's successes in the legal state regulation of small business in the field of administration are important. The legal foundations for expanding access to public procurement in Ukraine have proved their effectiveness. European small business support tools, that are effective in Poland can and should be used in Ukraine. Close attention to the problem of insolvency is needed in Ukraine. A thorough study of the institutional development of small business support in Poland is relevant. Important for the Ukrainian economy, the direction of foreign trade development is still in its infancy. The EU-Ukraine Association Agreement has already lifted most trade restrictions on the EU export market for Ukrainian exporters, but this is only a search for ways to reach the world market.

Problem Aspects of Legal Regulation of Public-Private Partnership in the Field of Critical Infrastructure Protection

This article provides systematic international experience of legal regulation of critical infrastructure protection in foreign jurisdictions. Some aspects of national critical infrastructure security systems of such as countries Germany, Spain, USA, and Denmark are described. The article determines that at national levels in different countries critical infrastructure protection is mainly regulated by national security strategies, defense strategies and other basic regulatory acts related to the functioning of critical infrastructure and its protection. The article considers aspects of legal regulation of relations in the sphere of public-private partnership and critical infrastructure protection in modern Ukraine. According to the results of the research, it has been established that in Ukraine there are documents of strategic character that regulate the implementation of public-private partnership, which should become a mutually beneficial factor that will facilitate mutual integration processes. Main directions for developing public-private partnership in the field of critical infrastructure protection in Ukraine have been suggested. Key words: public-private partnership, legal regulation, critical infrastructure, critical infrastructure protection, international experience.

Licensing of the Right to Use subsurface resources in Order to Develop Oil and Gas Fields on the Continental Shelf of Norway: Experience of Legal Regulation

Licensing of the Right to Use subsurface resources in Order to Develop Oil and Gas Fields on the Continental Shelf of Norway: Experience of Legal Regulation