Formal Legal Method Research Articles

Ensuring safety of maritime transport: current trends and conceptual generalizations of its international legal mechanism

The article deals with topical issues of ensuring security of maritime transport and preventing relevant threats based on legal measures. The scientific literature in the field of maritime law and legal means (norms, methods) of ensuring safety in maritime transport is analyzed. The variability and complexity of the nature of maritime threats and various measures to respond to them require an understanding of the policies, regulations, national civil and criminal legislation of the participating States and international public law, and therefore actualize the issues of conceptualization of international legal regulation of maritime transport security in this study. The subject of the study is the provision of safety in maritime transport through the knowledge of current trends and the substantiation of the conceptual provisions of the international legal mechanism as such. Systematic, comparative legal and dialectical approaches have been applied to generalize the essence and features of international legal regulation of safety in maritime transport. The main research methods used are diverse variations of analysis and synthesis of its results, analogy and comparison, generalization and concretization, functional cognition and deduction, abstraction, historical and formal legal methods. The main scientific result of the study is that the problem of ensuring safety in maritime transport has been studied from a legal and organizational point of view. The paper examines the formation of the legal mechanism for ensuring international security in maritime transport, defines the concept of the legal mechanism for ensuring international security in maritime transport, reveals the characteristics of the main threats to international security in maritime transport, justifies the right to ensure security in maritime transport as an institute of international maritime law, presents the results of the analysis of the existing areas of security in maritime transport, put forward proposals to improve international legislation in the field of maritime transport safety. The scientific results obtained as a result of the research can be used in educational activities when teaching the basics of international law, as well as in scientific research procedures when learning about the functioning of modern international law and its individual institutions.

Bringing to administrative responsibility in the field of traffic on the basis of data obtained using photo and video recording

The subject of the study is the procedure for bringing to administrative responsibility in the field of road safety based on data obtained using photo and video recording. Based on the analysis of the use of photo and video recording tools to identify violations in the field of road traffic as the most common category of such offenses in practice, the author highlights the specific features of the procedures for bringing to administrative responsibility based on photo and video recording data. The author considers the strategic priorities and results of the use of photo and video recording in the field of traffic, procedural features and problems of such use, suggests ways to solve the identified problems. Dialectical, logical, historical, statistical, formal-legal methods were used as research methods. The results of the study were the author's position on the strategic priorities and domestic practice of using photo and video recording in the field of road traffic, the features of the procedures for bringing to responsibility based on the testimony of such means. Based on the analysis of domestic and foreign practice, two approaches to digitalization in ensuring road safety have been identified: an approach based on technical assistance to the driver in ensuring safety, and an approach aimed at fixing the situation on the roads. It is concluded that the system for ensuring road safety that has been formed in Russia today is based not on driver assistance, but on mechanisms for detecting violations in order to bring them to administrative responsibility. The latter in the field of traffic has a fiscal focus, which is contrary to the basic goals of administrative punishment.

Digital transformation of anti-corruption: a retrospective and development prospects

The subject of the study is policy and legal documents that are the basis for determining strategic goals and priorities of socio-economic development and ensuring national security of the Russian Federation in the field of combating corruption. The paper considers the development of the processes of digital transformation of public and municipal administration in the aspect of anti-corruption. The anti-corruption potential of integrating end-to-end technologies into traditional models of interaction between society and the state is investigated, and the prospects for countering corruption manifestations through digitalization of public and municipal governance processes are assessed. The importance of the digital transformation of public administration for ensuring openness and transparency of the activities of authorities is substantiated. Particular attention is paid to the absence of a universally recognized definition of digital transformation both in legislation and in the scientific community due to the novelty and "blurring" of the boundaries of this phenomenon. The methodological basis of the study was made up of general scientific and special methods of cognition, the use of which is determined by the specifics of the topic under study (formal legal, historical legal and comparative legal methods). The conducted research made it possible to consider a retrospective of the process of digital transformation of state and municipal administration in the aspect of state anti-corruption policy, as well as to identify promising areas for further development and implementation of digital technologies in anti-corruption activities at the federal level.

The parties as participants in the international criminal proceedings

The article analyzes the historical prerequisites for the development of the concept of the parties as participants in the international criminal process. The analysis of the documents of the Ministry of Internal Affairs, ICTY, ICTR, ICC confirms the thesis that the main parties in the international criminal process are the prosecution and defense. In the model of the international criminal process, the classical approach to the understanding of competition is adopted. There is a structural evolution of the foundations of this approach, the Rome Statute of the ICC defined the rights and obligations of the victims and the third party. The purpose of the study is to consider and resolve problematic aspects of the legal status of the parties in international criminal proceedings. Based on the tasks and goals set, the author has chosen the methodological basis of the study. General scientific methods of cognition are used: analysis, synthesis, analogy, deduction, induction. The author actively applied the formal legal method. The scientific novelty of the study is to reflect the holistic criminal procedural characteristics of the parties to the defense, prosecution, victims, as well as third parties as participants in criminal proceedings in international criminal proceedings. Analyzing the current structural evolution of the model of international criminal procedure, it is possible not only to predict the further expansion of the functionality of the parties, but also to observe the crystallization of the status of a third party. This course of evolution of the international criminal process demonstrates the probable direction of the development of the theory of parties in the science of criminal procedure.

SUPPORT INSTITUTIONS AND FORMS OF PUBLIC-PRIVATE PARTNERSHIP IN THE RUSSIAN FEDERATION: CURRENT STATUS

At present, the Russian economy is faced with the task of ensuring the innovative development of the country in the face of limited access to foreign resources. This task should be solved with the help of joint efforts of the state and business. One of the instruments of such cooperation is public-private partnership.
 The goal is a comprehensive analysis of the state of public-private partnership in the Russian Federation and the development of recommendations for its further development.
 Methodology of work: methods of analysis and synthesis, systemic and structural-functional approaches, comparison method, statistical method, formal-legal method, generalization method.
 Results: it was determined that the deep introduction of public-private partnership in the field of innovation will have a positive impact on the implementation of the strategic national development goals of the Russian Federation. At the same time, it is necessary to expand the list of used forms of public-private partnership
 Scope of the results: it is advisable to apply the results obtained in the development of promising ways and proposals for their solution, which can be used to improve public-private partnerships in innovation.

MODERNISATION OF THE LEGAL REGULATION OF TEMPORARY RESTRICTIONS ON THE EXERCISE OF PRIVATE RIGHTS IN UKRAINE ON THE WAY TO ECONOMIC INTEGRATION

The subject of the study is the theoretical and applied aspects of legal regulation of certain economic relations, in particular, the temporal restrictions on the implementation of private rights in Ukraine. Methodology. General scientific and special legal methods were used in the research process. Quantitative and qualitative parameters of organisational, legal and economic measures aimed at modernising the legal regulation of time limits on the exercise of private rights in Ukraine were determined with the help of the analysis. The synthesis ensured the clarification of the common features of economic and legal phenomena, which is a precondition for the modernisation of the legal regulation of time limits for the exercise of private rights in Ukraine. The comparative legal method allowed to identify common and specific features of the normative regulation of time limits on the exercise of private rights in different states (taking into account legal and economic features). The formal-legal method made it possible to draw conclusions on the effectiveness of the normative fixing of time limits on the exercise of private rights in the civil legislation of Ukraine and to make relevant proposals for changes in the civil legislation. The purpose of the study is to determine the state of legal regulation of time limitations on the exercise of private rights in Ukraine and to determine the prospects of its modernisation for the sake of economic integration (through the study of legal and economic aspects of the specified phenomenon). The results of the study showed that the state of legal regulation of time limits on the implementation of private rights in Ukraine on the way to economic integration creates the conditions for its modernisation within the framework of general and special legal regulations. Conclusion. The basis of the civilised development of the modern world community is the establishment of civilised rules for the circulation of relevant property goods. From this point of view, among the social relations that are the subject of civil law regulation, the most important are property rights and non-property rights related to them (which have no economic significance, but by their very nature play an important role in ensuring civil circulation). The Civil Code of any state is a basic legislative act regulating a significant part of social relations. The modernisation of temporal categories in various institutions of civil law can be characterised from the standpoint of the concept of updating the Civil Code of Ukraine, as well as from the study of the state and the need for improvement of other legal structures, in particular, from the standpoint of international jurisprudence. The temporal characteristics of the law are characterised through the prism of the limitation of the subjective right to intellectual property, which is generally consistent with the normative prescriptions contained in intellectual property law as a subdivision of civil law. The problematic aspects of the unification of intellectual property relations in the general provisions of the Civil Code of Ukraine and special legislation are identified, and proposals for the legal regulation of such relations are made in the light of international legislation, judicial practice and legal doctrine.

Minimum wage in the system of state social guarantees: International comparative-legal experience

In the conditions of the development of the market economy, attention is drawn to the problem of the appropriate level of wages as a state social guarantee. The level of earnings of each working citizen affects the total income of the population, which contributes to the formation of demand for goods, works, and services and the level of the economy. The purpose of the work is to study the current problems of the payment mechanism in current conditions and establish the minimum wage in different countries. The research methodology includes such methods as the dialectical method, the method of analysis and synthesis, deduction and induction, the method of analogy, the historical-legal method, the systematic method, the formal-legal method, and the comparative-legal method. As a result of the conducted research, the minimum wage standards in Ukraine, despite the increase, remain one of the lowest among European countries. It is outlined that in European practice, three main approaches are used to establish the minimum wage: based on the minimum needs of the employee; based on establishing a size that is 2-2.5 times higher than the subsistence minimum, and based on a comparison of the sizes of the minimum and average wages.

Object of Related Rights of Broadcasting Organizations

The article is devoted to the characteristics of the object of related rights of a broadcasting organization. The subject matter of the study is the legal regulation of this object in the Laws of Ukraine “On Television and Radio Broadcasting”, “On Copyright and Related Rights” of 1993, and the Civil Code of Ukraine whose provisions contained conflicts for a long time, and the Law of Ukraine “On Copyright and Related Rights” of 2022. The purpose of the article is to provide a comprehensive characterization of the broadcasting organization program as an object of related rights and to determine its relationship with the separate show of the broadcasting organization. The study was conducted using historical, comparative legal, formal legal, dialectical and logical methods. It is substantiated that a separate show, in case of a creative contribution to its creation, is an oral work (radio show) or an audiovisual work (television show) capable of copyright protection. Related rights of broadcasting organizations extend to a set of shows and other materials combined in the program but not to individual components of this program. This approach is also reflected in the provisions of the new Law of Ukraine “On Copyright and Related Rights” of 2022. It is determined that the program of broadcasting organization is not identical to a composite work since its legal protection covers the result of not creative selection and arrangement of certain materials but organizational and technical efforts to compose certain objects into a complete program.

Иные меры уголовно-правового характера: отражение в современной уголовной политике

Introduction: Other measures of criminal-legal nature at the present stage act as auxiliary means in relation to the main form of implementation of criminal responsibility - punishment. However, this approach is not justified and should be reconsidered. Not only the system of criminal-legal influence, but also some of its forms that have either become outdated or ineffective in the new conditions of society development, need legislative revision.
 The purpose of the study is to formulate basic proposals for improving the legislative regulation of forms of criminal legal influence in general and other measures of criminal legal nature in particular.
 The research methods are general scientific methods and methods of cognition (analysis, synthesis, induction, deduction, generalisation, comparison) and the special scientific formal-legal method.
 The results: the study of other measures of criminal legal nature in the general system of criminal legal influence provided a basis for further study of the problematic aspects of this institution. The main results of the study include proposals for: reflection of the fundamental provisions on criminal legal influence and its forms in the criminal law; revision of the system of the General Part of the Criminal Code of the Russian Federation regarding the regulation of other measures of criminal legal nature from the viewpoint of new provisions on criminal legal influence; regulation of specific issues concerning other measures of criminal legal nature in order to increase the effectiveness of criminal legal influence on persons who committed crimes.

Personal inviolability as an intersectoral category of law

The concept of inviolability of the person is considered as a complex intersectoral category in modern legal regulation. The research studies the provisions of normative legal acts and scientific works devoted to the concept of inviolability and its relationship with other concepts of similar meaning and suggests a comprehensive definition to the inviolability of the individual concept, which, in addition to the personal life of an individual, includes intangible objects directly related to the development of this individual. Also, a detailed distinction is made between inviolability and the concept of immunity. The purpose of the author is to substantiate the need to study the concept of inviolability from the point of view of all branches of law and pay attention to the peculiarities of regulating the inviolability of the person in each of the areas of law, as well as to analyze the guarantees and mechanisms for its ensuring, its non-absolute nature and the limits of its implementation. The study was carried out with the help of the general scientific and private scientific methods, including analysis and generalization of legislation and scientific works of domestic and foreign authors, comparative law and formal legal methods. Based on the studied material, a comprehensive definition of personal inviolability is suggested and its regulation in constitutional, international, civil, administrative, criminal and procedural law, as well as in the recently formed information and digital law, is analyzed.

Current issues and problems of legal training of specialists in non-legal specialties

The main purpose of the article is to investigate the role and purpose of legal education in the training of specialists of other special, separate from legal persons; to develop methods of teaching legal disciplines to students of nonlegal professions, as well as to find out the need and influence of legal knowledge and other areas and branches. For a detailed study of this topic, the following methods were used: dialectical method, formal-legal method, logical method, method of induction and deduction, method of system analysis, logical method, and others. The results of the study – definition, and analysis of the main problems of legal training of future specialists of non-legal professions; the state of teaching legal disciplines to students of non-legal specialties was investigated and clarified; the existing and proposed new methods of teaching nonlegal students were analyzed; the impact of legal knowledge on other areas of activity was clarified. The practical significance of this article consists in the development of approaches and methods of teaching legal disciplines to nonlegal students for their development in their chosen profession. The scientific novelty of this article consists in the analysis of existing and developed new methods and techniques of teaching students of non-legal specialties. Conclusions: within this article, the author has made an attempt to develop and research methods and approaches for legal training of specialists of non-legal professions for future development and improvement of various spheres of activity, and also to find out how knowledge of the law can affect the formation of the student as a future professional in the chosen industry.

Становлення та розвиток законодавчого регулювання промислових зразків як об'єктів інтелектуальної власності в Україні

The article analyses the coverage of topical issues of formation and development of legal protection of industrial designs. The author analysed the legal regulation of the studied relations and identified the main stages of its development. The purpose of this article is a legal analysis of the provisions of the legislation of Ukraine regarding the formation and development of the legal regulation of industrial designs, the definition of debatable legislative provisions and the expression of proposals for the improvement of the relevant legal regulation. Research methods. There were used a systematic method (when clarifying the place of an industrial design in the system of objects of industrial property rights), a comparative method (when comparing the stages of development of national legislation). The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine "On the Protection of Rights to Industrial Designs" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determined by the adoption of the Civil Code of Ukraine in 2003, in connection with this, many legislative provisions were significantly improved, which subsequently operated for about 20 years. It was established that the main legislative innovations (2003) were as follows: the conditions of patentability were changed, the novelty content of an industrial design was improved, the procedure for conducting an examination of an application was changed, the procedure for the publication of the grant of a patent and patent registration was improved, the procedure for appealing the decision of the patent office on an application for an industrial design was changed, the legal norms regarding the use of an industrial design, the termination of patent validity, and the protection of rights to industrial designs have been improved. It was established that the third stage regarding the development of legislation on industrial designs began in 2014 (signing of the Association Agreement between Ukraine and the EU) and continues to this day. It has been established that the Association Agreement between Ukraine and the EU contains a large Section on intellectual property, several articles are devoted to industrial designs (Articles 212 - 218). It is substantiated that these articles laid the foundation for the future reform of the legislation of Ukraine on industrial designs, which took place only in 2020. It has been proven that, as of today, the legislation of Ukraine regarding industrial property in general, and regarding industrial designs in particular, is as close as possible to EU standards in this area, and is able to properly regulate relations.

Genetic resources as an object of international law

The article examines whether the legal regime of genetic resources is outlined in the context of applicable rules relating to biological diversity. The purpose of the research is to confute the prospects for the formation of a universal legal regime for genetic resources, in the context of the draft UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction, and the possibilities of using regional mechanisms in this domain.The methodology of the research includes the formal legal, comparative, historical, systemic and structural methods. The authors analyze and examine applicable international legal sources, including the 1992 Convention on Biological Diversity and its 2010 Nagoya Protocol. On the basis of the systemic and structural method the authors carry out the analysis of the sources of international law related to the conservation and sustainable use of genetic and other biological resources.The main results. The international community’s interest in genetic resources results from the growing need to take more informed environmental decisions. The relevant universal legal basis, created by the 1992 Convention on Biological Diversity, does not provide answers to some important questions, including the detailed legal definition of the term “genetic resources”, though the relevant definition contained in the 1992 Convention remains the only one that has been accepted by a large number of states. It is possible that states will be able to develop a more concrete legal rules relating to the genetic resources in the course of negotiating the UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction. However, the development of such a universal international treaty might require a lot of effort in order to reconcile the divergent interests of states.Conclusions. Based on the analysis of applicable international law, the authors assert that the generally outlined legal basis for conservation of biodiversity, laid down by the 1992 Convention, demands further detailing in the modern context. The UN process on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction is likely to take considerable efforts of participating actors before the appropriate legal mechanisms are agreed upon. So regional legal regimes might be an appropriate way to ensure the efficient management of genetic resources taking into account peculiarities of each individual region.

Ageing of convicted prisoners: some problems and solutions (domestic and comparativistic aspects)

The subject of the article is the peculiarities of the execution of imprisonment in relation to the elderly (over 50 years old) as an independent legal institution of penitentiary law in Russia and abroad.The purpose of the article is to identify the patterns and problems of the execution of punishment in the form of imprisonment in relation to elderly people (over 50 years old) in Russia and abroad, taking into account the growth trend of this category of prisoners and propose a legal solution to the problem.Main tasks: (1) to determine using statistical indicators the change in the number of elderly prisoners and identify the main trend in quantitative indicators; (2) identify problems that arise in elderly prisoners due to the lack of legislative regulation of the organization of an accessible environment in correctional institutions; (3) conduct a comparative analysis of the organization of medical care in relation to the elderly when serving a sentence of imprisonment in Russia and abroad; (4) determine ways to improve Russian legislation in the field of punishment in the form of imprisonment in relation to elderly prisoners.Research methodology. When studying the tendency of aging convicts to imprisonment in Russia and abroad, an analysis of statistical data was used. The work is a comparative legal study as a result of the study of domestic and foreign experience in the execution of sentences in the form of imprisonment, as well as the penal policy of Russia and foreign countries in relation to elderly prisoners; specific sociological technique was used when conducting a survey of persons over 55 years old serving a sentence of imprisonment in Russia; the formal-legal method made it possible to formulate a number of proposals on the need to reform penitentiary institutions, taking into account the age characteristics of this category of convicts.Main results and scope of their application. Firstly, the possibility of allocating a separate chapter to the PEC of the Russian Federation on the peculiarities of the execution of punishment in the form of imprisonment of elderly convicts is justified. Secondly, the definition of the concept of "accessible environment", as well as the peculiarities of medical care for elderly convicts, taking into account the relevant experience of foreign countries. Thirdly, there is a need to form legal institutions for the socialization and resocialization of elderly people (over 55 years old) during the period of serving criminal sentences in the form of imprisonment, taking into account age characteristics and foreign experience.Conclusion. Age characteristics and health conditions have a direct impact on the correctional impact of those sentenced to imprisonment. Russian and foreign experience clearly show that at present there is no unified political and legal approach in relation to elderly prisoners, despite the general growth trend of this category of persons. In Russia and abroad, there is a need to build correctional institutions of a new type, which will take into account, among other things, the age characteristics of the convicts. In this case, it is necessary to start with the development of individual legal institutions.

The features of the legal regulation of state veterinary and sanitary control over the movement of animals

The relevance of the study is driven by the need to elucidate the essence of veterinary and sanitary control over the movement of animals at the national level to facilitate its further correlation with the experiences of European countries. The purpose of the study is to analyse the state of the legal provision in the defined sphere and formulate suggestions for enhancing the legal regulation of state veterinary and sanitary control over the movement of animals. The paper uses a system of general scientific methods of cognition (dialectical, formal-logical, analysis, and synthesis), and a special formal-legal method. The paper analyses the national experience of legal regulation of state veterinary and sanitary control over the movement of animals through the disclosure of its features. The essence of state veterinary and sanitary control during the movement of animals is established and its place in the legal system is determined. The boundaries of the legal regulation of this issue are outlined, legal forms of implementing such control, subjects and objects of such activity, the sequence of procedures required by veterinary-sanitary legislation for animal movement, and the specificities of legal responsibility for violations of veterinary and sanitary requirements during animal transportation are defined. The need to develop normatively established requirements for the safe movement of animals is substantiated, which encompass not only the procedures for protecting animals from epizootics and cruel treatment during their preparation for transportation or during transportation itself but also ensure the population’s access to quality and safe food products while guaranteeing the well-being of the animals. The practical importance of the paper lies in a number of proposals for improving Ukrainian legislation in this area.

Shelter for the Afflicted: Migration from Xinjiang to Russia in the 1860s-1880s

The authors examine the history of the migration of Chinese subjects from the territory of Xinjiang in the 1860s-1880s and measures taken by the Russian administration aimed at adapting them to the new socio-political and economic conditions. On the basis of the research, the waves and scales of migration are established and their reasons are named. The study of the sources is implemented using the formal legal method, the comparative legal method, the methods of analysis and synthesis of written sources, as well as induction. The application of these methods made it possible to formulate a general conclusion concerning the policy of the Russian Empire in relation to the non-Russian population of the region, including Chinese immigrants. The study of the documents related to the migration of the Xinjiang population to the territory of Russian possessions in Central Asia convinces us that the authorities of the Russian Empire were interested in this process. They sought to find a place for new subjects in the socio-economic communities of the indigenous population of the Turkestan territories. At the same time, the Russian authorities applied to the Chinese settlers the norms characteristic of both nomadic and settled residents. Their goal was to bring the status of former Chinese subjects closer to the status of the main population of the state. The Russian government sought to complete this adaptation through the merger of the former Qing subjects with the population of the internal provinces of the Russian Empire.

Improving the Legal Regulation of the Selection of Candidates for the Position of Judge

Legal relations related to the selection of candidates for the position of judge, as well as defects and lacunae of legal regulation of this process are considered. The purpose of the study is a legal analysis of the legal regulators of the selection of candidates for judicial positions, identifying their features. This goal is achieved through the solution of the following tasks: research of the selection process of candidates for the position of judges in the Russian Federation at the current stage; identification of problems of legal regulation based on the analysis of legal norms and practice of their application; formulation of proposals on the prospects for their optimization. The research methodology consisted of methods of empirical cognition and analysis, comparative, formal legal methods and a systematic approach. The various views of researchers are analyzed and as a result, the existing problems in the legal regulation of the studied area are disclosed and summarized, proposals for improving the existing Russian legal acts are formulated. The conclusion is made about the need for a psychodiagnostic examination of the applicant, which should become a mandatory component of his dossier. It is noted that the competitive selection should be carried out on an adversarial basis by evaluating the applicant»s dossier according to an approved scale of objective criteria, a possible minimum set of such criteria is proposed. Amendments are proposed that limit the discretion of the qualification boards of judges and provide a closed list of grounds for refusing a recommendation to an applicant. The author offers innovations designed to optimize the procedures for selecting qualified personnel.

Legal regulation of public administration of education and science

The object of the research is the peculiarities of public administration of education and science in foreign countries, in particular, the experience of three European countries ranked in the top ten according to the results of the international survey PISA-2018: Estonia, Finland and Poland. The main content is considered the experience of building a system of educational management on democratic basis, in cooperation between government bodies and society. It is determined that education in the studied countries is one of the priorities of the state and society. The methodological basis of the research consists of comparative legal and systemic analysis, formal legal method, method of interpretation, hermeneutic method and methods of analysis and synthesis. Similar approaches to administration and financing were identified in the conclusions. A trend characteristic of all countries is clarified: the state guarantees free education, including science, and at the same time ensures equal access to quality education and science. Also, the optimal mechanisms of economic support of education, science and the main sources of financing specific to each country were defined.

Administrative, financial, criminal-legal and theoretical-methodological aspects of regulating social relations in government bodies

The purpose of the research was to define the theoretical, administrative and civil law aspects of the regulation of social relations. Consequently, the article specifies the means of social regulation, which include components of legal, moral, corporate and customary, etc. type. It has been shown that legal regulation of social relations is defined as an intentional action on the behavior of people and social relations with the help of legal (juridical) means. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. By way of conclusion it has been proved that since the object of legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. As contributions, the following factors of social relations have been determined: level of economic development of society; social structure of society; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation.

Usurpation of power under current conditions: political and legal concept

The purpose of the research was to determine the approaches to understand the emergence of the concept of “usurpation of power”. Accordingly, its political and legal nature as a phenomenon is analyzed and the investigation of its influence on the branches of public power is carried out. In addition, the current discussion is examined and the views of some scientists on this issue are criticized and, at the same time, relevant proposals are made. The methodological basis of the research was constituted by the comparative-legal and systemic analysis, the formal-legal method, the hermeneutic method and the methods of analysis and synthesis. As a conclusion it has been established that the development of the rule of law and civil society in Ukraine requires, first of all, ontological integration of the modern and current concept of the rule of law in public institutions and society, along with the observance of legal norms in all spheres of public life and; especially, it demands the prevention of conditions that determine the usurpation of power by civil society, judicial and law enforcement bodies to prevent signs of usurpation of power in public authorities.