Foreign Legislation Research Articles

Interaction Between Police and Society as Basis for Combating Crime: Analysis of Ukrainian and Foreign Experience

Objective: The purpose of the article is to determine the role and significance of the interaction between the police and society as the main factor in combating crime, taking into account Ukrainian and foreign legislation, different opinions of scholars and empirical data. Theoretical Framework: The theoretical basis for this study is the Swedish concept of "community policing," the French model of "police de proximité," as well as other socially-oriented models of policing from developed foreign countries. Method: The methodological basis of the research is the following methods: comparative and legal, formal and legal, system analysis, interpretive, analysis and synthesis. Results and Discussion: The existing concepts of interaction between the police and society in the context of combating crime have been characterized. The essence of such legal categories as “crime combating”, “interaction between police and society”, “modern concepts” has been revealed and their characteristic has been carried out. The problems of forming and implementing modern concepts of interaction between the police and society in combating crime in Ukraine have been studied. Contributions: A conclusion regarding the effectiveness of various models of the interaction between the police and society in combating crime has been made. The experience of some foreign countries regarding the interaction between the police and society has been analyzed in order to implement the best practices in combating crime into the national legislation. Optimal recommendations regarding the possibilities of adapting foreign experience into Ukraine have been offered, taking into account the current legislation and positive international experience in this area of legal relations.

INTERNATIONAL LEGAL REGULATION OF PRINCIPLES IN THE FIELD OF CLIMATE PROTECTION

The article carried out comprehensive theoretical studies of foreign legislation in Environmental Protection. Principles in the field of climate protection are of great importance in the world. This is because climate change is contributing to an increase in the incidence of natural disasters. Environmental protection measures are provided for by the United Nations Framework Convention on climate change, the Paris agreement on climate change, the United Nations Framework Convention on climate change, the United Nations Environment and Development Conference. In developed countries, special principles have been introduced in the Prevention of environmental conditions, environmental safety and climate disasters based on international legal acts. The new principles of climate protection are aimed at preventing damage to the environment, preserving the environment, and using natural resources more efficiently. The legal principles of climate protection contribute to ensuring environmental safety, preventing harmful effects on natural resources, improving the quality of life of people through careful use of Natural Resources and other natural resources. The Paris Agreement is the first treaty ratified in the world, adopted by all heads of state at the United Nations conference on climate change. The main goal of the Paris Agreement is considered to be the management of the environment by developing states through the effective organization of several measures aimed at combating climate change. By conducting a legal analysis of various solutions of international organizations, the authors proposed important and effective principles that contribute to solving climate change problems.

О необходимости законодательной регламентации процессуальной правосубъектности участников уголовного судопроизводства

The article deals with the problem of the lack of norms in the law on the regulation of criminal procedural legal personality (legal capacity) of participants in legal proceedings. The gap currently available does not allow for a uniform solution of many practical issues related to the possibility of independent implementation by the subjects of the process - mainly minors - of the rights and obligations granted to them by law. After studying the provisions of the Criminal Procedure Code of the Russian Federation, it was concluded that the individual acquired full procedural capacity upon reaching adulthood. The paper substantiates the need to introduce a definition of procedural legal capacity into the law, differentiation in the Code of Criminal Procedure of the Russian Federation of the scope of legal capacity of participants of different ages (full, partial), as well as determining the list of rights that a partially capable participant can exercise independently, and which with the help (or with the consent) of a legal representative. The study used foreign legislation regulating criminal proceedings and the Model Code of Criminal Procedure for the member States of the Commonwealth of Independent States.

Некоторые вопросы уголовной ответственности за жестокое обращение с животными (ст. 245 УК РФ)

The article discusses some controversial issues of the design and application of Article 245 of the Criminal Code of the Russian Federation, determines the content of signs of the composition of cruelty to animals. The points of view of scientists on a number of controversial issues related to the interpretation and application of the norm on criminal liability for cruelty to animals are analyzed. On all these issues, the author's position of the view is stated and justified. The expediency of changing some of the formulations used by the legislator in the disposition of part 1 of Article 245 of the Criminal Code of the Russian Federation is also justified. The study used foreign legislation regulating liability for animal cruelty.

Соотношение права на соразмерное уменьшение цены с возмещением убытков: сравнительно-правовой аспект

The work is devoted to the comparative analysis of the proportionate price reduction in the context of its comparison with damages in international instruments of unification of private law and foreign legislations. The author comes to the conclusion that Civil law systems and instruments of private law unification have a legal tradition of distinguishing between price reduction and damages as separate remedies, which may provide a considerable argument for distinguishing between these remedies in Russian law.

Особенности наследования детьми, зачатыми и рожденными в результате реализации посмертных репродуктивных программ

The practical application of posthumous reproductive programs, in which the conception and birth of a child (children) occurs after the death of the parents or one of them, has led to the possibility of new potential heirs appearing some time after the death of the testator (potential parent or potential parents). In this article, the author examines the legal status of "postmortem" children, both in domestic and foreign inheritance law. Based on the analysis of the norms of current domestic and foreign legislation, the author concludes that it is necessary to improve the current Russian legislation in the field of inheritance rights in the implementation of posthumous reproduction.

Police and civil society partnership: Peculiarities of implementation in modern conditions

The purpose of the article is to find out the peculiarities of the implementation of partnership relations between the police and civil society in modern conditions, based on the analysis of current Ukrainian and foreign legislation, as well as scientific literature. Partnership as a type of social interaction is characterized by the authors of the article. The essence of the term “partnership” in modern foreign science is analyzed. The main features of the partnership model of interaction of subjects are characterized, with an emphasis on the partnership between the police and civil society institutions. The main components of the mechanism of partnership interaction between the institutions of the State and civil society institutions in the field of law enforcement are considered. The experience of different countries related to the partnership of law enforcement agencies and civil society institutions is described, with the aim of promoting the formation of effective forms of partnership between the police and civil society institutions in modern Ukraine. The importance of building in Ukraine an effective partnership model of cooperation between the police and civil society institutions in modern Ukraine is emphasized. The importance of public participation in the implementation of state functions in the field of security in modern conditions is proved. The importance of trust for effective partnership is emphasized.

Partnership Relations Between the National Police and the Community in the De-Occupied Territories of Ukraine

The purpose of the article is to determine the essence and features of partnership relations between the National Police and the community on the basis of current Ukrainian and foreign legislation, different opinions of scientists, and empirical data, as well as identify the main problems and propose effective methods of solving them in the de-occupied territories of Ukraine. The methodological basis of the study is comparative legal and systemic analysis, formal legal method, interpretive method, as well as methods of analysis and synthesis. The partnership of the National Police with the population was characterized and its features were revealed. In the context of the research topic, individual points of view of scientists regarding building an effective partnership between the police and the community were considered. Such legal categories as “occupation”, “de-occupation” and “reintegration” of territories were characterized and their features were distinguished. The problems of organization and functioning of partnership relations between the National Police and the community were considered. A conclusion was made about the importance of cooperation with active residents of the community in the de-occupied territories with the National Police in order to more effectively prevent new crimes. Taking into account the current legislation and positive international experience in this field of legal relations, optimal directions and forms of interaction between the National Police of Ukraine and public formations in the de-occupied territories were proposed.

The problems of adapting Antitrust Law to the digital economy

In connection with the Fifth Antimonopoly Package, the author analyzes the effectiveness of new competition law. The aim of the research is to identify the legal and economic consequences of including the term “network effect” and special legal structures for abuse of a dominant position in digital markets in Russian legislation. The study is based on Russian and foreign legislation, materials from judicial practice, and scientific research. The new rules make it possible for the existing legal regulation on the protection of competition to be applied to the phenomena of the digital economy. However, in the digital sectors, prohibiting the abuse of a dominant position contributes to strengthening the dominance of platform operators and the formation of a digital monopoly. This is not entirely consistent with the goals of antitrust regulation. With the consolidation in the provisions of Russian law of the principle of technological neutrality, as well as the design of a public contract, the strengthening of the dominance of platform operators may be restricted. A consequence of the lack of unified terminology in the Fifth Antimonopoly Package and legislation on digital platforms is the unreasonable limitation of the subject composition of the prohibition of abuse of a dominant position in digital markets. The Fifth Antimonopoly package applies to the activities of marketplaces and aggregators, but does not extend to digital ecosystems and digital services in the format of applications, cloud storage, social networks, search engines, streaming services, among others. This limitation will be overcome by applying the general rules on the prohibition of monopolistic activities and unfair competition to digital ecosystems and digital services. The author draws attention to a number of practical problems in applying dominance criteria to the activities of digital intermediaries, focusing on their business model. Conclusions are drawn about the advisability of expanding the subject composition of relations regulated by the new special rules of the Fifth Antimonopoly Package. Legal means are also proposed aimed at ensuring a balance of interests of the dominant digital platform operators and users.

Legal protection of Lake Baikal from microplastics

The annual increase in microplastic pollution of Lake Baikal is a new environmental threat to a unique freshwater ecological system that requires a set of interrelated general (applies to the entire territory of Russia) and special (applies to the Baikal natural territory or its individual parts) legal measures. The forthcoming international and interstate decisions to reduce plastic and microplastic pollution, which will have an impact on the domestic regulation of environmental protection, including the protection of the ecosystems of the Baikal natural territory, are considered. In a systemic relationship, the existing, expected and recommended legal measures for the protection of Lake Baikal from primary and secondary microplastics are shown on the basis of foreign legislation. The consolidation in the Russian legislation of the missing general and special legal measures for the protection of Lake Baikal in relation to pollution with both primary and secondary microplastics is substantiated. It is proposed to create a special council that would coordinate the protective measures taken against microplastic pollution and other negative environmental impacts at the level of the constituent entities of the Russian Federation, Mongolian aimags and their municipalities located within the entire catchment area of Lake Baikal.

On the Concept of Artificial Intelligence and the Legal Regime of AI-Generated Results without the Creative Participation of an Individual

The paper examines the concept of “artificial intelligence”. It is proposed that when building a definition of this concept we proceed from the “black box” principle, which, according to the author, will make such definition universal and independent of the level of current technological development.The author investigates the question of whether a work generated by artificial intelligence without the creative participation of an individual can be equated with works protected by copyright. Based on the concept of recognition of copyright on works of science, literature or art based on the creative result proposed in the legal doctrine, the author concluded that AI-generated works are comparable to the results of human intellectual activity.The main approaches to determining the legal regime of AI-generated works in domestic legal doctrine and foreign legislation are considered. The author proposes an approach to regulating copyright on the works in question, similar to the legal regime for the protection of works of science, literature or art after the death of the author.

Experience of foreign countries in ensuring procedural guarantees of the rights of participants in criminal proceedings

The fundamental rights, freedoms and legitimate interests of a person, being subject to the greatest restrictions during criminal proceedings, are guaranteed by the existence of substantive and procedural rules in the legislation aimed at protecting, defending and implementing procedural guarantees of participants in criminal proceedings. The dynamics of social, political, economic and legal life, the social mentality of today, as well as convergence processes determine the adaptation of national criminal procedure legislation to International law. However, the issues of adaptation of national legislation to the provisions of foreign legislation in terms of guaranteeing each participant in criminal proceedings the protection, defence and realisation of their rights, freedoms and legitimate interests in accordance with international standards remain controversial. At the same time, there are a number of gaps and inconsistencies in the provisions of the criminal procedure legislation, the gradual elimination of which will allow Ukraine to reach the international level as a state that guarantees each participant in criminal proceedings the protection, defence and exercise of their rights, freedoms and legitimate interests in accordance with European standards, as well as reduce the number of applications to the European Court of Human Rights. Based on the results of the study, and on the basis of a selective analysis of foreign experience of certain countries, the article identifies the existing problematic issues related to the guarantee of the rights of participants to criminal proceedings, and also formulates proposals for improving criminal procedure legislation in this area, using international experience. The problematic areas of guaranteeing the rights of participants to criminal proceedings include the legal status of individual participants to criminal proceedings, compensation for damages, and the use of procedural terminology. In order to improve and bring the criminal procedure legislation of Ukraine closer to international standards in terms of protection, safeguarding and realisation of the rights, freedoms and legitimate interests of participants in criminal proceedings, the following proposals have been presented: to establish a unit, body or organisation for the protection of the rights, freedoms and legitimate interests of witnesses with the development of appropriate programmes for their protection; to introduce the use of separate procedural terminology; to develop a procedure for granting and exercising the right to free legal aid to victims, civilians as well as the procedure for compensation for damage caused by a criminal offence.

RETURNING TO THE SCIENTIFIC PUBLICATION OF SARPEKOV R.K., K.YU.N., RAKHMETOVA S.M., D.YU.N., PROFESSOR «PROBLEMS OF BUILDING A PUNISHMENT SYSTEM IN THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN»

The punishment system provides for a number of punishments from less severe to more severe. All these types of punishments have their positive and negative aspects, which affect their effectiveness. The article attempts to investigate the effectiveness of restriction of freedom as an alternative to imprisonment. Foreign experience, which is based on the introduction of this type of punishment, differs in its essence and purpose. In foreign legislation, this approach is presented in the form of probation, which aims to correct the convict and his socialization. Probation in foreign legislation is a security measure, not a punishment. Therefore, when appointing probation, the court gives certain opportunities to avoid the use of a more severe type of punishment. In its purpose, probation is very similar to probation, which operates in national criminal law. Logically, the question arises about the expediency of applying restrictions on freedom, since there are other fairly effective means of combating crime, such as probation. The improvement of these mechanisms will make it possible to avoid the use of punishment in the form of restriction of freedom. Moreover, the exclusion of restriction of freedom as a form of punishment will solve a number of important problems. First, a correct understanding of the international experience in the use of probation, which is fundamentally different from the use of restriction of freedom as a form of punishment in Kazakhstan. Secondly, the exclusion of the corruption component, which consists in the possibility for the court to appoint restriction of freedom as a legitimate alternative to imprisonment. This is the problem of applying punishment that excludes the punitive element. Third, the expansion of the possibility for the use of probation as a sufficiently effective measure for the prevention of offenses. The similarity of restriction of freedom and probation makes it necessary to reconsider the question of the expediency of restriction of freedom.

Supervisory bodies in the systems of power in Russia and certain foreign countries: Comparative analysis

The significance of law enforcement cannot be understated in any state, and diverse models and traditions of law enforcement have evolved within different legal sustems. The status of the Procuracy in the Russian Empire, the Soviet Union and modern Russia, has been consistently characterized by its own independent power for supervising legality, including the actions of government officials. This contrasts with the European and Anglo-American legal systems where the concept of “general supervision” is not present and prosecutors do not possess equivalent powers. In the socialist model of China, an independent system of supervisory bodies has been established separately from the procurator’s office to oversee the activities of government officials. Each model exhibits distinct ontological, structural and organizational features, and a comparative analysis of their accumulated experiences facilitates the identification of their respective advantages and disadvantages, underscoring the relevance of this study. The research aimes to identify and analyze the commonalities and differences among four organizational models for ensuring the rule of law. Notably, the empirical basis for comparing supervisory authorities emphasises the state superiority function, irrespective of the body responsible for its execution (functional approach), rather than external similarities such as the name "prosecutor's office" or "prosecutor". The study draws from authentic legal texts, regulations, authoritative doctrinal commentaries, relevant judicial practices, and official interpretations of foreign legislation. The outcomes of the research lead to informed conclusions regarding the distinctiveness of the Russian model of the Procuracy, which incorporates several advantages from each foreign model, complements them with its own features and is thus capable of embracing positive experiences, regardless of their origins, to effectively filfill its mission.

The development of arbitration proceedings in Russia

The article reviews the general development of arbitration proceedings in the Russian Federation. The paper’s main aim is to review the general development of arbitration proceedings in the Russian Federation. Using the legal comparative method allowed us to study national and foreign legislation to formulate conclusions about developing the arbitration procedure in Russian legislation. The application of the formal legal analysis made it possible to understand the concept of the arbitration court from a Russian perspective. A brief historical excursion of the development of arbitration proceedings, starting from the twelfth century, was made to achieve the paper’s aim. Following that, the author delves into the 2016 arbitration reform, its significance and the current state of arbitration in Russia. The author briefly describes and analyzes permanent arbitration institutions operating in the Russian Federation. At the end of the article, the author discusses the current trends in the development of arbitration and the challenges facing arbitration proceedings in Russia.

Parent-Subsidiary Responsibility in the Development of Multinational Enterprises

As a core subject in the current international market economic activities, the parent-subsidiary company not only plays an important role in the development of multinational enterprises themselves, but also plays an important role in the bonding of cooperation between countries. However, the limitations of the traditional corporate law governance model, especially the limited nature of liability, make multinational corporations in the actual operation of many problems. Among them, the issue of responsibility sharing between parent and subsidiary companies is still one of the core issues that need to be continuously focused on at this stage, because the assumption of responsibility by parent and subsidiary companies not only has an important impact on the development of the international market economy, but also pays direct attention to the acquisition of creditor's interests. Through comparative research, historical research, and other research methods, the issue of responsibility-sharing among parent-subsidiary companies of multinational enterprises will be studied. The role of the corporate veil piercing system in responsibility-sharing will be analyzed based on domestic and foreign legislation and judicial experience. The aim is to identify a responsibility-sharing approach that promotes the development of multinational enterprises while safeguarding the interests of creditors.

THE IMPACT OF THE MATRIMONIAL PROPERTY REGIME ON COMMERCIAL COMPANIES ACCORDING TO ALBANIAN LEGISLATION

Background: The purpose of this study is to examine the interaction between the legal discipline of matrimonial property regimes and the commercial activities of spouses that are established before or during marriage. It aims to investigate how the legal community impacts commercial companies, specifically in the hypothesis where the shareholder of the company is married. There is ongoing debate within legal circles about whether shares of a commercial company established by one spouse during marriage or acquired through a legal transaction are part of the legal community. Regarding this matter, several issues arise: whether the participation in the company's initial capital is governed by community administration rules, which is the legal nature of shares acquired by one spouse, and how the marital community regime interplays with commercial legislation. Another issue that has engaged legal doctrine is whether the spouse of a shareholder is recognised as a shareholder and can participate in the company administration. Albanian Family Code lacks specificity on shares, mainly addressing small family businesses. The study of the interaction of these two disciplines aims to assist jurisprudence because, despite some cases of the Supreme Court and the Constitutional Court in recent years, this is still a relatively new field for Albanian doctrine and jurisprudence. Methods: The research methodology adopted for this paper employs a multi-faceted approach, integrating desk research, legal analysis, case law review, and a comparative study. It encompasses an examination of relevant national legislation, as well as foreign legislation from civil law tradition countries such as France and Italy. Furthermore, European soft law, notably the principles of the European Commission of Family Law (CEFL) focusing on matrimonial property issues, has been reviewed. Our research methodology includes gathering and analysing existing studies and academic literature on matrimonial property regimes. To better understand the norms of the Family Code regarding matrimonial property regimes, we will analyse Italian and French doctrine and jurisprudence, as well as the legal systems based on which the Albanian Family Code has been drafted. It should be emphasised that while this paper’s primary aim is not solely comparative analysis, it strives to assist in better understanding and implementation of the legal community regime as the most used regime by spouses in practice. Also, a comprehensive comparative analysis has been conducted, comparing Albanian legislation and the CEFL Principles, to identify key similarities, differences, and potential areas for enhancement within legal frameworks. Moreover, the jurisprudence of both Albanian and foreign High courts has been extensively utilised to enrich the analysis and provide insights into practical applications of legal principles. Results and Conclusions: The solution to the abovementioned issues depends on the company’s legal structure and articles of participation rules and requires a combined interpretation of matrimonial property regimes and commercial law. In this combined interpretation of the rules, protecting the rights and interests of all involved subjects, the interests of the spouses and those of the commercial company as a legal entity is crucial.

Temporary placement of a child in the family of an actual caregiver as a from of children`s placement

Ensuring the rights and well-being of the child is one of the main priorities of modern society. As Ukrainian and foreign legislation states that every child has the right to a family. However, due to different life circumstances, unfortunately, not every child has the opportunity to live in a family with their parents. That is why the question arises, how to ensure the realization of all the rights of a child who has lost his parents, or whose parents have given up their child. In this way, the institution of placement of a child was born. To date, Ukrainian legislation distinguishes such forms of placement of children as foster family, guardianship and care, adoption, family-type orphanage, placement in the family of relatives, acquaintances. All of these forms of placement have a clear procedure for placing a child in a family and a legal mechanism for regulating the rights and responsibilities of the person who took the child into their family, as well as the rights and responsibilities of the child. Each case of placement of children is unique and requires a specialized approach taking into account specific situations, circumstances and needs of the child. However, one form of placement should be singled out, such as placement of a child in the family of an actual caregiver. It is this form that has shown itself to be the most unexplored and at the same time convenient, first of all for a child. However, the problem of legislative implementation of temporary placement of a child by the actual guardian remains unsolved, since the existing legislation quite briefly describes the mechanism of such placement. This form of placement requires clear regulation from the side of the legislation, because the legal mechanism of placement of a child in the family of an actual tutor, the rights and obligations of the actual tutor and the pupil himself need to be researched. The article examines the advantages and disadvantages of such a temporary form of placement of a child as placement in the family of an actual tutor.

Развитие уголовно-правовых норм о хищениях с использованием электронных средств платежа в эпоху цифровой трансформации: российский и зарубежный опыт

The article presents an analysis of foreign legislation regulating criminal liability for thefts committed using electronic means of payment. The features of foreign legislation are identified, on the basis of which the prospects for improving domestic criminal legal measures to counter the crimes in question are determined. The results obtained can serve as a basis for improving criminal law provisions providing for liability for thefts committed using electronic means of payment.

Сравнительно-правовой анализ отечественного и зарубежного законодательства в сфере использования искусственного интеллекта при создании объектов интеллектуальной собственности

современные темпы развития искусственного интеллекта опережают возможности его правового регулирования. В России развиваются программы, способные создавать аудиовизуальные, текстовые и графические объекты искусства. Высокий уровень исполнения, творческая новизна и вложение рабочих мощностей программы позволяет поставить вопрос о возможности наделения искусственного интеллекта авторскими, смежными или патентными правами. Актуальность выбранной темы обусловлена разницей в подходах к правовому регулированию результатов интеллектуальной деятельности искусственного интеллекта в Российском национальном и международном праве. the current pace of development of artificial intelligence is ahead of the possibilities of its legal regulation. Programs capable of creating audiovisual, text and graphic art objects are being developed in Russia. The high level of execution, creative novelty and investment of the program's work allows us to raise the question of the possibility of granting artificial intelligence copyright, related or patent rights. The relevance of the chosen topic is due to the difference in approaches to the legal regulation of the results of intellectual activity of artificial intelligence in Russian national and international law.