Legislation In Field Research Articles

Challenges and trends in Ukrainian modern law-formation

In the article, the author noted the relevance of scientific knowledge of the issues of the location of the peculiarities of modern law-making, which are proposed to be summarized within the limits of the relevant challenges and development trends. Therefore, the purpose of the study is defined as identifying and characterizing the challenges that exist today in the mechanism of law-making in Ukraine, as well as establishing trends in the development of law-making. It is noted that the relevance of the scientific study of existing challenges and trends in modern law-making in Ukraine is determined by a number of important factors that affect the domestic legal system, society and the state. The main aspects that emphasize the relevance of research in the field of law-making, and therefore emphasize the relevance of this topic of scientific work, are as follows. Scientific studies of the peculiarities of modern law-making in Ukraine are potentially aimed at ensuring the efficiency and effectiveness of the legal system. The quality and effectiveness of the legal system directly depend on the law-making mechanism, which determines how quickly and adequately laws respond to the needs of society and the challenges of modern times. Research on law-making helps to create more effective legal acts that can adapt more quickly to changes in society, and the study of its challenges and trends that determine law-making is potentially capable of strengthening the practice of law-making, its compliance with the modern needs of social life. Based on the analysis of doctrinal ideas on the specifics of modern law-making in Ukraine, it was found that modern challenges and trends in the mechanism of law-making in Ukraine reflect the influence of both internal and external factors, which can be summarized within the following blocks: 1) European integration and harmonization legislation of Ukraine; 2) decentralization of power and development of local self-government; 3) digitalization of law-making, which is accompanied by the need to protect personal data, cyber security and regulation of digital services, which requires rapid adaptation of the legal system to new technologies; 4) increasing the role of civil society in law-making; 5) minimization of the influence of corruption-inducing factors on the process of preparation and adoption of law-making acts; 6) increasing the efficiency and transparency of the law-making process; 7) strengthening of international cooperation and implementation of international obligations; 8) consideration of judicial practice in law-making, which is accompanied by the need to harmonize law-making with existing precedents and decisions of the European Court of Human Rights, which contributes to the unity of legal practice. It was concluded that modern law-making in Ukraine is marked by the need to combine European standards, digital technologies and ensure greater transparency and public participation in the legal process.

Legal basis of rule-making activity of the advocacy self-government bodies

Corporate lawmaking is a special type of lawmaking by non-governmental organizations. One of the varieties of which is rulemaking by the advocacy self-government bodies. Corporate lawmaking by the advocacy self-government bodies consists in the adoption and approval of regulations governing the internal activities of the advocacy self-government bodies. These regulations are aimed at ensuring the internal organization and functioning of the bar community, ensuring high professional standards, protecting the rights and interests of clients, and maintaining the disciplinary policy among the subjects of the practice of law. Decisions issued by the advocacy self-government bodies on the basis of a special law and their binding effect on the institutional environment of the bar ensure internal regulation of the functioning of the bar by corporate norms. With regard to the decisions of the advocacy self-government bodies, these local regulations establish the rules and standards of professional conduct of advocates, the internal organization and functioning of the bar community based on generally accepted legal principles and norms established by international and national legislation. The corporate acts of the advocacy self-government bodies are: The UNBA Statute; regulations on the advocacy self-government bodies and regulations defining their legal status, rules and procedures for their organization and functioning; codes and recommendations adopted by international and regional associations and societies of attorneys; ethical rules; decisions of the general meetings (conferences); instructions approved by orders of the UNBA and the Bar Council of Ukraine; decisions made on specific issues that regulate the internal activities of the Bar or relate to certain aspects of the practice of law (e.g., the Procedure for the Advocates’ Advanced Training); explanations to the decisions of the Bar Council of Ukraine, which are an integral part of these decisions, as they are adopted as annexes to the latter (e.g., On the Length of Service in the Field of Law for Persons with a Higher Legal Education), etc. Since the Law of Ukraine «On Lawmaking» is primary and systematically regulates the sphere of relations in the field of lawmaking, it is advisable to amend Part 2 of Article 4 of the Law to supplement the list of subjects of lawmaking. In particular, paragraph 11 of Part 2 of Article 4 of the Law of Ukraine «On Lawmaking» should be supplemented with the words «state and non-governmental organizations». Accordingly, «non-governmental organizations» should be included in the list of subjects of lawmaking activities and lawmaking initiatives. Such non-governmental entities with rule-making powers are the advocacy self-government bodies that adopt corporate acts in the form of resolutions. Key words: Law of Ukraine «On Lawmaking», advocacy self-government bodies, corporate rulemaking, corporate rules, decisions of advocacy self-government bodies.

Понятие «нежилое помещение» в доктрине и законодательстве Российской Федерации

The article is devoted to an analytical consideration of the legal definitions of non-residential premises, as well as approaches to understanding this term existing in modern doctrine. The author, relying on the main features of non-residential premises as an object of civil rights, substantiates his definition of non-residential premises, and also limits the scope of the concept in order to streamline terminology and improve legal techniques in the field of lawmaking.

Oikophobia and the crisis of modern Western civilization

The subject of this article is the phenomenon of oikophobia, which in recent decades has attracted the attention of philosophers, political scientists, sociologists and psychologists who tend to interpret it as the origin of many crisis phenomena affecting the modern Western civilization. The term has been used in political contexts to refer critically to political ideologies that are perceived as responsible for repudiating one's own culture, history, traditions and laud others. The simplest way of defining oikophobia is as the opposite extreme of xenophobia. As xenophobia means the fear or hatred of strangers or foreigners, reversely oikophobia means the fear or hatred of home or one's own society or civilization, oikos being the ancient Greek word for home, house, household. The article reveals the essence and content, characteristic manifestations of oikophobia in its narrow and broad meanings, the historical, cultural and intellectual background and sources of its origin and development. The author identifies signs of oikophobia in a number of key political, philosophical and ideological paradigms and concepts. Based on our findings, we suggest that various manifestations of oikophobia, especially those that may provide the ideological basis for mass protest movements, pose a serious challenge to public policy and government institutions not only in Western countries, but also in Russia. Government bodies and non-governmental organizations involved in the process of policy formulation in the spheres of security, information and education should pay attention to the threats and challenges that government institutions in the USA, Great Britain and a number of other Western countries have already dealt with. In our opinion, one of the most relevant areas of interaction between the Russian government and civil society in the field of countering the manifestations of oikophobia should be formulating general criteria for identifying Russophobia, which could be applied not only in the field of scientific research and educational practices, but also in the field of lawmaking and law enforcement.

Ensuring the Principle of Legal Certainty as a Way to Counteract the International Terrorism

Introduction. Due to its antisocial and destructive nature, terrorism constitutes a particular threat to the public, national and international security. It is one of the global problems of our time, which leads to the increased tension, has the high conflict potential and extremely negative effect on development and life of a society, a separate state and the globalcommunity on the whole. Cooperation between the national states and the international organisations for combating the international terrorism is most often restricted to the individual cases. In this context, the principles of law, which represent the concentrated essence of the universal values and ideals underlying the legal regulation of the social relationships, become particularly acute and relevant. The present article aims to analyse the theoretical and practical aspects of the principle of legal certainty in counteracting the international terrorism. Materials and Methods. The object of the study is the principle of legal certainty as a tool of counteracting the international terrorism. The dialectical method of cognition was used as the main research method, the general scientific methods of analysis, synthesis and the specific legal methods (empirical and legalistic) were also used. Results. It has been proved that the spread of extremism and terrorism constitutes a threat to the present day international and national legal order. The necessity to formulate a unified general definition of the concept of “terrorism” and to implement the principle of legal certainty in counteracting the international terrorism has been substantiated. Discussion and Conclusion. The research has revealed the need for an optimal and efficient solution for implementation of the non bis in idem (“not twice for the same”) principle with regard to the terrorist crimes (primarily of the international nature), endowing the universal jurisdiction over them, which allows criminal prosecution of the criminals regardless of their location, citizenship or territory, where the individual crime has been committed. The theoretical and practical value of the results obtained is the capacity thereof to be used both in the field of scientific research (for further theoretical study of the problems of counteracting the international terrorism) and in the field of law-making (for improving the Russian Federation legislation on counteracting terrorism). Bearing in mind future research, the special attention should be paid to the optimisation of the legal framework, enhancement of the regulatory legal mechanisms aiming to prevent in an optimal way the international terrorism as a social phenomenon.

К вопросу об особенностях и проблемах использования искусственного интеллекта: Сhat GPT в юридической деятельности

The subject of research in this article is the features and patterns of legal activity in comparison with the features and patterns of functioning of artificial intelligence systems, including systems based on Chat GPT technology. The purpose of the study is to analyze the features and patterns of legal activity, the features and patterns of functioning of artificial intelligence systems, including systems based on the Chat GPT technology, compare these patterns, and based on the comparison of these patterns, draw a conclusion about the degree applicability of artificial intelligence technologies for solving a particular class of legal problems. Research methods include the social experiment method, when Chat GPT was asked certain questions of a legal nature, answers to them were received and analyzed. Also during the study, general scientific research methods were used, such as analysis, synthesis, deduction, abstraction, generalization. These research methods were used to reveal the features and patterns of legal activity, the features and patterns of the functioning of artificial intelligence systems, as well as to draw conclusions about the degree of applicability of artificial intelligence technologies for solving a particular class of problems in jurisprudence.
 During the study, it was found that artificial intelligence technologies based on Chat GPT in some cases are not very suitable for solving problems related to the application of legal norms to specific situations, due to the specific “thinking” of artificial intelligence systems, which in some cases does not allow one to distinguish so-called legal circumstances that are significant in a given situation, from legal circumstances that are not significant in a given situation, the inability in some cases to correctly qualify the legal relations of the parties and make the correct legal decision with reference to current legislation. The study also analyzed the capabilities of artificial intelligence based on Chat GPT technologies for solving problems in the field of lawmaking, application and interpretation of legal norms. It is concluded that in these areas, artificial intelligence technologies, including those based on Chat GPT, have a certain potential, provided that the associative connection built by artificial intelligence between the elements of legal reality contained in the texts corresponds to the ontological connection between the objects of legal reality.

THE CABINET OF MINISTERS AS A SUBJECT OF THE LAW-MAKING PROCESS: PROBLEMS AND SOLUTIONS IN LEGISLATION

This article talks about the powers of the Cabinet of Ministers in the field of lawmaking and its role in legislation, analyzes the definitions of legislative activity, explains the powers of the Cabinet of Ministers, its connection with other legislative processes. Manufacturing of objects and its features. It is substantiated that the law-making activity of the central collegial executive body occupies a special place in the national legal system, based on the position and legal status of this entity in the system of state bodies. In addition, the author’s definitions of such concepts as legislative activity and legislative activity of the Cabinet of Ministers are given, various aspects of resolutions and orders of the Cabinet of Ministers of the Republic of Uzbekistan are shown. It is concluded that although the resolutions of the Cabinet of Ministers are not aimed at establishing, amending or repealing a new legal norm, they determine the official regulation of one or another type of social relations by the state. In addition to the above, based on an analysis of the norms of the Law of the Republic of Uzbekistan “On Regulatory Legal Acts”, “On the Cabinet of Ministers of the Republic of Uzbekistan”, proposals have been put forward to introduce relevant norms into Articles 36 and 37 of the Law “On the Cabinet of Ministers of the Republic of Uzbekistan” and into the “Regulations of the Cabinet Ministers of the Republic of Uzbekistan".

The Rule-Making: From Juridical Technique to Legal Architecture and Engineering

The article is devoted to the analysis of the possibilities and prospects of the transition from theoretical and legal concepts of legal technique and technology to the doctrine of legal architecture and engineering in the field of rule-making. Such a transition is due to the intensive process of digitalization of public relations, including in the field of law-making, which, changing traditional forms of rule-making and translating them into digital reality, requires the development of an appropriate legal doctrine. A theoretical consideration of the rule-making process as legal engineering will not only significantly update its legal doctrine, but also see and explain the qualitative changes in it due to the possibilities of using innovative technologies. The aim is to form a theoretical and legal understanding of normative legal engineering as a result of the evolution of legal technology, legal technology and legal engineering, taking into account the availability of modern digital space and innovative tools. The research methods are based on a general scientific dialectical methodology that allows us to consider legal engineering in rulemaking in its dynamics and interaction with related phenomena (engineering, technology, engineering). The methods of formal and dialectical logic, ascent from the concrete to the abstract, from the abstract to the concrete, as well as such categories of dialectics as cause and effect, possibility and reality are used. Private scientific methods of cognition (historicallegal, formal-legal, comparative-legal) are applied. Results: a study of the evolution of the development of the doctrine of legal technique and technology has shown that it currently needs a new perspective and perspective to describe the process of rulemaking in modern digital reality. Conclusions: digitalization and informatization of public relations and social communications will inevitably change all spheres of human activity, including rule-making. The concept of legal engineering will allow us to describe the features of "electronic" rule-making, and at a practical level — to accompany rule-making at all stages — from the formation of the “idea of the law” to its recognition as invalid using modern technologies and processes (automation, robotization, artificial intelligence, etc.).

The main directions of the judicial activity of the Supreme Court of the United States in the field of civil rights and freedoms

Relevance. The relevance of the stated topic of scientific research is determined by the diversity of the activities of the Supreme Court of the United States of America in the field of law-making, in the context of the development of basic provisions for the protection of the rights and freedoms of citizens.Purpose. The purpose of this study is to determine the main areas of activity of the US Supreme Court in the field of protecting the rights and freedoms of citizens of the country in the context of the current legislation.Methodology. The methodological basis of the article was the methods of statistical analysis, analogy and generalization, as well as comparative legal, formal legal and formal logical methods.Results. The leading approach in this research work is a combination of a systematic analysis of the legislative activities of the US Supreme Court as a whole with an analytical study of the main activities of this court specifically in the field of protecting the rights and freedoms of citizens of the country. The main results obtained in the course of this scientific research should be considered the identification of the main directions of the legislative activity of the US Supreme Court in the context of protecting the rights and freedoms of citizens from the point of view of the peculiarities of the historical development of the country�s legal and judicial systems.Conclusions. Prospects for further scientific research in this direction are determined by the possibility of studying the features of the legislative activity of the highest court of the United States, in terms of assessing the quality of providing legal protection to citizens of the country. in the area of their rights and freedoms.

The search for new methodological approaches in legal research in the context of modern challenges

The subject of this article is theoretical concepts and explanatory models used in legal science to identify the essence of law and legal phenomena, as well as issues of the evolution of methodological knowledge in jurisprudence in modern conditions. Due to the lack of adequate tools in classical jurisprudence for describing and researching the nature of new phenomena of legal reality, as well as in connection with overcoming politically and socially determined methodological limitations, legal science is faced with the need to search and disseminate new methodological approaches. New methodological approaches in the social sciences in general and in jurisprudence in particular do not pretend to establish the absolute truth, their advantage lies in the integration of traditional approaches. When considering the problems of the methodology of modern legal research, the author points out the need to apply new postclassical approaches, including the communicative theory of law. The novelty of the research consists in substantiating the impossibility of the transition of legal science to a qualitatively new level of knowledge of law and legal phenomena, provided that it uses the classical (and to a certain extent outdated) methodological optics. Since legal science develops in the context of the development of scientific knowledge in general and goes through the same stages in its development, at the present stage its development may be associated with the application of integrative concepts of legal understanding. One of the most interesting integrative concepts of legal understanding is the communicative approach, which allows us to give a more complete picture of the law, of all legal institutions, as it introduces legal dogmatics into the context of social communication. The communicative approach offers legal science new tools for understanding law and legal phenomena in their social dimension, which is the basis for using it as a methodological basis for current research in the field of lawmaking and law enforcement.

Problems of formation and development of skills of future lawyers in the field of law-making

The authors have analyzed the problems of formation and development of law students’ creativity skills in the sphere of law making and also the results of open questionnaire which allowed to reveal not only students’ knowledge about the nature of law making but also their desire and ability to create laws in the future have been presented. The article deals with the options of law-making activity, a comparative analysis of different views of this process. Educational tools, which develop creativity and can diversify the educational process in higher education institution, are shown. It is argued that it is the use of nonstandard forms and methods of teaching law students contributes to the goals of law-making and professional and personal improvement of the future professional. It is concluded that the development of creativity in lawmaking is an urgent problem of modern legal education that can be solved with the help of special legal and pedagogical tools to make the learning process more creative and professionally oriented.

METHODOLOGICAL PRINCIPLES OF THE PARTICIPATION OF THE SUPREME COUNCIL OF UKRAINE IN THE STATE ADMINISTRATION OF THE SPHERE OF LABOR PROTECTION

The subject of analysis defines the fundamental principles of participation of the Ukrainian Parliament in the state administration of the sphere of labor protection. The basic in this case is that the Parliament receives from the people a representative mandate for the exercise of their powers in the field of lawmaking and the performance of other functions (first of all, control). The problem of the participation of parliament in the state regulation of labor protection is the focus of specialists in labor law and social security law. Indeed, the study of any spheres of social and labor relations is based on the legal norms of the highest legal force. The purpose of the research is to clarify the methodological foundations of the place of the Ukrainian parliament in the state regulation of labor protection. Constitutional prescriptions not only refer to safe and healthy working conditions as basic positive rights but also indicate the duty of state authorities and officials to contribute to the full provision of this right. First of all, in this case, the activity of the Ukrainian parliament - the Verkhovna Rada of Ukraine, which, in addition to its direct appointment in the form of law-making, performs several other functions of state importance: representative, control, establishing, and some others. All this shows that the parliament has a key role in regulating any part of social relations, including in the field of labor protection. As a result of the law-making activity of the parliament, the legal basis of regulation in the field of labor protection is created. The control function of the parliament, primarily aimed at compliance with the law by the executive power and officials, also deserves special attention. The Ukrainian Parliament has a prominent place in the state regulation of any part of social relations, including the sphere of labor protection. Unparalleled importance is given to the legislative principles of creating and ensuring safe working conditions. However, in this case, critical importance should also be given to other parliamentary functions.

К вопросу об онтогенезе модели специалиста в русле эволюции образовательных стандартов

The specialist model is an important concept of Higher Education didactics, a system-forming element in the design of educational process to train specialists, the basis for evaluating its effectiveness, forming the subject field of the educational process, and choosing educational technologies and teaching methods. The specialist model, as a system of professional qualities requirements for a specialist, is reflected in the regulatory and legal documentation on professional training, such as State Educational Standards of Higher Education. The last decade has been a period of significant changes in the educational standards of the third generation for higher education, the development and implementation of educational standards of the fourth generation is on the threshold. The topic of transformation of the specialist model presented in educational standards has become especially relevant. The article aims to consider the changes (ontogenesis) of the specialist model in compliance with the evolution of educational standards of higher education and how it affected the design and development of educational programs for training specialists. Changes in the specialist model are considered, the case of engineering training programs (bachelor’s) throughout the entire period of implementation of educational standards of three generations. It is shown that many changes are both of negative and positive systemic nature. The solution to the problems is not so much in the field of didactics, but in the field of lawmaking when developing fourth-generation standards. For this purpose, some recommendations regarding the properties of the specialist model, being the vital link of educational standards, are given.

Proces prawotwórczy w prawie kanonicznym

The main content of the article is contained in six points: The first point explains what the law-making process is. The second presents the tasks of the legislator and capabilities of a person in the law-making process. The third section presents the principles of the law-making process in canon law. The fourth point of the article is devoted to the authorities competent to enact common and particular law. The fifth point defines the position of persons participating or having the opportunity to participate in this process. The last point was devoted to the promulgation of a normative act of canon law. The position of the legislator and other entities participating or having the opportunity to participate in this process is discussed. It was established that the law-making process within canon law it is very formalized, which ensures its legibility and transparency. The most important novelty is the indication of the role of persons participating in the canon law-making process and their tasks in its course. They can initiate this process, advise or indicate the desired directions of changes in the field of canon law. People who actively participate in the life of the Church sometimes have the opportunity to co-decide in the law-making process, and always the opportunity to provide information about the aspirations of the Church and expectations of the community to people competent in the field of law-making in the Church.

Проблема деэкологизации природоохранного законодательства России и Казахстана в контексте формирования эколого-безопасного пространства ЕАЭС

Introduction. The article analyzes the legal norms of Russia and Kazakhstan – the countries-members of the Eurasian Economic Union (EAEU). Materials and Methods. The legislation of these two EAEU countries on environmental protection and rational use of natural resources was considered within the framework of a risk-oriented approach. Special emphasis is placed on legislation on specially protected natural areas, resorts and other unique natural objects and complexes. Along with the current national law, the practice of its application is considered, as well as the current and possible rule-making in the future. Analysis. The article examined the current legal norms that contribute to the emergence of corruption, as well as developed practical recommendations aimed at overcoming this negative trend. The authors state attempts to lobby individual financial and economic groups for their commercial interests in the field of lawmaking, which at the current stage leads to the de-ecology of national legislation in the EAEU countries. This trend is illustrated by an example of the latest changes in legislation on specially protected natural areas in Russia and Kazakhstan, as well as active attempts to change legislation towards the liberalization of the protection regime. Similar trends in the deecologization of environmental and natural resource legal norms in the two EAEU countries are revealed. Results. It was concluded that the flaws in environmental policy in the post-Soviet countries entail insufficiency and inconsistency of the newly adopted norms. The authors identify such deficiencies and indicate their possible negative consequences for law enforcement. Options for solving existing and potentially possible problems in the EAEU countries are proposed, with a concurrent consideration of the possibility of receiving such solutions by other states at the stage of their economic integration within the Union.

Legal certainty in law enforcement through the prism of ECtHR decisions

The problems of legal certainty and legal uncertainty are growing significantly in the field of lawmaking and law enforcement. Thus, the threatening consequences of this are the weakening of the rule of law around the world and the growing number of Ukrainian citizens applying to the European Court of Human Rights (ECtHR). The article traces the brief genesis of the principle of "res judicata", emphasizes the various manifestations and forms of legal certainty, and clarifies two groups of requirements for it. In the study, the main attention is paid to the peculiarities of legal certainty in the field of law enforcement. The article is aimed at determining the features and requirements of the principle of legal certainty in court proceedings based on analysis and generalization of ECtHR decisions. It is substantiated that in the generalized form the elemental composition of the principle of certainty in law enforcement includes: requirements for interpretation (in particular, judicial) of normative legal acts and separate norms; legality of resolving legal conflicts and eliminating gaps in current legislation; stability of court decisions; unity of judicial practice. The case law of European judicial institutions in matters of legal certainty is characterized by the position that the problem should be resolved in each case taking into account the facts of the case, their analysis in terms of identity, the relationship between them, as well as their proneness, a combination of stability and dynamism, general and special. Research methods used by the authors of the article include analysis, synthesis, induction, deduction, comparative-legal, formal-legal and logical-legal methods.

Болонский тупик… Что дальше?

One day that changed the world put on the Russian Federation agenda issues that were in a latent immanent form, and therefore attracted little public attention. However, today the solution of those issues determines the direction of the development of our vast country. In addition to global economic and political issues, the country needs to find a solution to important problem which to extent determines the future of Russia and its geopolitical stability. The article raises the question of the development of higher education in the Russian Federation. It is the best moment now to get rid of illusions, delusions and negative experience in this area and pay attention to the rich experience of the Russian Federation and the Soviet Union in the sphere of higher education. In this regard, the authors have analyzed some acute problems of Russian education at the present stage, the benefits and harms of recent reforms and the introduction of the Bologna innovations, the positive aspects of the Soviet system of specialists training. It is shown that many problems in the specialists training are of a systemic nature, and their solution is not so much in the field of didactics but in the field of lawmaking.

Analysis of EU and Ukrainian legislation for the cattle welfare

“Animal welfare” – is a complex concept that characterizes the physical, mental, and natural state of animals at a given time and the ability to meet their needs. Animal welfare is a hallmark of the world of quality human nutrition and innovative livestock and is the basis for the sustainable development of society. The article aims to research and analyze the legislation on cattle welfare in the EU and Ukraine, highlight their strengths and weaknesses, and introduce proposals for better implementation of Ukrainian legislation in European norms. European legislation covers the welfare of animals during their life on the farm, the welfare during transport, and the welfare of animals during slaughter. This article analyzes in detail the following legal provisions: Directive 98/58/EC on the protection of animals kept for farming purposes, Council Directive 2008/119/EU establishing minimum standards for the protection of calves, Council Regulation 1/2005 covering standards for the transport of animals, Council Regulation № 1099/2009 on the protection of animals at the time of slaughter and ancillary recommendations such as the Council of Europe Recommendation on bovine animals and the OIE Standards for the Welfare of Dairy Cows. Currently, Ukrainian welfare legislation is represented by the Law on the Protection of Animals from Cruelty (2006) and the Law of Ukraine on Veterinary Medicine (1994). These laws do not cover the protection of animal welfare and do not meet modern requirements. In 2014, by signing an agreement with the EU on creating a deep and comprehensive free trade area, Ukraine committed to updating legislation in the animal welfare field and implementing it as much as possible to European standards. Only in 2021, a new law on veterinary medicine was adopted, which has a section on animal welfare and approved five requirements for animal welfare, but the main problem is that they came into force on 01.01.2026. Given that by 2023 the EU plans to improve its legislation in the field of animal welfare, there is a need to accelerate the implementation of the new Law on veterinary medicine in Ukraine. Also necessary are training for farmers to teach and explain new rules, develop a specific regulation with minimum standards for the welfare of cattle and cattle, review shortcomings, and organize discussions with scientists in the field of animal welfare to improve legislation, create a clear roadmap the Law.

Legal Inequality of the Subjects of the Russian Federation and the Problems of Ensuring the Unity of the Legal Space

Simultaneously with the evolution of the modern Russian state, federal relations are also developing. Since 2000, one of the priorities of state development has been to ensure the unity of the Russian state. This task was realized through the formation of a unified legal system, ensuring the unity of the system of public authority, the unity of the status of the individual throughout the state, the sovereignty and state integrity of the Russian Federation, the supremacy of the Constitution of Russia and federal laws throughout its territory, the unity of the economic space. The concept of «unity of legal space» has steadily entered the constitutional and legal matter, the study of which is devoted to quite a few theoretical studies. No less than practical studies reflecting the results of the ongoing work to ensure the unity of the legal space in Russia. It is impossible to carry out such a policy without ensuring genuine legal equality of the regions that make up the Russian Federation. The diverse and numerous composition of the subjects of the Russian Federation, the diversity of their interests, factors of law-making and law enforcement practice have given rise to a multidimensional phenomenon consisting in the presence of different rights (opportunities) of the subjects of the Russian Federation implemented in the field of law-making (in the presence of uniformly established their subjects of competence and powers), to which the federal center reacts differently. The existence of such a practice indicates a violation of the principle of equality of the subjects of the Russian Federation among themselves (Part 1 of art. 5 of the Constitution of Russia) and in relations with federal state authorities (Part 5 of Article 5 of the Constitution of Russia). Such a view (approach) in research on the legal equality of the subjects of the Russian Federation and ensuring the unity of the legal space is innovative. The article reveals the depth of differences, the reasons and motives for the occurrence of such examples, and also suggests a mechanism for their settlement, using numerous practical examples, including based on the author’s experience.

An Examination of the Presidential Power to Veto or Assent to Bills in Nigeria

ABSTRACT: This paper examines the prerogative given the executive arm of the government to give assent to Bills passed by the legislature along with its corollary power to veto Bills passed by the legislature. This executive prerogative is expressly provided for in the Constitution of the Federal Republic of Nigeria 1999, as amended, which established the legislative, judicial, and executive branches of the government. This prerogative of assent or veto is exercisable by the President of the Federation in respect of Bills passed by the National Assembly or by the Governor of a State with respect to a Bill passed by the State House of Assembly or even by the Chairman of a Local Government Area involving a bill for a by-law passed by the Local Government Councilors. This paper examines various illustrations of the dynamic relationships and actions when Bills passed by the National Assembly have been presented for Presidential action. The above prerogative in the field of law-making, which field is constitutionally vested in the legislative arm of the government is without prejudice to the hallowed principle of separation of powers. It only strengthens the desired checks and balances against abuses and arbitrariness by the legislative arm of the government. Thus, the Constitution requires that a bill duly passed by the National Assembly, that is to say, by both the Senate and the Federal House of Representatives, shall be presented to the President for his assent or as a corollary, for his veto. The President must either assent or withhold his assent within thirty days of the presentment of a Bill passed by the National Assembly. There is no explicit third option of conditional assent or conditional veto. Notwithstanding the above, to demonstrate that the National Assembly retains the final discretion in the field of law-making, the Constitution vests in the legislature the power to override the veto of the President, or, when the President simply fails to act regarding a Bill within the thirty-day period. The manner in which the above law-making powers have been exercised in Nigeria has created controversies especially with regard to which are the arguably correct procedures in three situations – (i) whether there is an agreed process and time for an override by the National Assembly of a Presidential veto, (ii) whether the President may give merely conditional or partial assent to a Bill, and (iii) whether it is necessary for a President to assent to a proposed Act intended to amend the Constitution. This paper examines these controversies along the following outline: i. The Constitutional Requirement for the Executive to Assent to Bills enacted by the National Assembly ii. The Essence of an Assent or Veto by the President to Bills iii. Whether the President is vested with the authority to Assent to a Bill Not Duly Passed by the National Assembly iv. The Assent of the Executive to Bills for an Act for the Amendment of the Constitution v. The Procedure for the Override of the Veto of the President vi. The Interpretation of Section 58(5) of the 1999 Constitution This paper compares the way Nigeria practices its Constitutional system of government with the practices of similar federal tri-branch systems of government, especially the United States of America. This paper concludes that these controversies can only be resolved by the authoritative rulings of Nigeria’s apex court, the Supreme Court of Nigeria, or when there exist express provisions of the Constitution of Nigeria relevant to a controversy, by strictly enforcing those provisions.