Formal Legal Method Research Articles

THE PHENOMENON OF EURASIAN ECONOMIC UNION LAW

The purpose of the article is to comprehensively analyze the definition “The Law of the Eurasian Economic Union” and determine its place in the international law system. Research methods: historical-legal, axiological, functional and contextual approaches of comparative legal method, formal-legal method. The authors consider the genesis of Eurasianism as a historical phenomenon and philosophical direction, analyze the law-forming social factors that form the basis for the Eurasian law development. They conclude that Eurasian integration has traditionally been free and legal and the system of Eurasian law is based on the postulates of both Western and Eastern influences. These are the rule of law, collectivism and the priority of natural relations within the group. The law-forming factors that influenced the creation of the EAEU and its law are peculiar and fundamentally different from the factors and prerequisites characteristic of other integration economic formations. The EAEU was created by the states that had previously been part of a single state; its statutory documents, along with taking into account the peculiarities of European law, also took into account the confessional and civilizational identity of Eurasianism. Formally, at this stage of Eurasian integration, the EAEU law is a sub-branch of international economic law and represents a system of principles and norms in the sphere of international communication of Eurasian states, created to regulate public relations on the creation (liquidation) of regional associations, cooperation of a regional association with other international organizations, its participants and structures in the spheres established by EAEU statutes.

Federal Territory: Constitutional and Legal Regulation Development

This article examines the legal status of federal territories as public law entities in the Russian Federation, which emerged as a result of the 2020 constitutional reform. This article discusses issues related to constitutional terminology, the constitutional-legal status, and legal regulation of federal territories, along with an analysis of the practice implementation of the constitutional provisions governing these territories. The specific features of existing federal territories in the Russian Federation and in foreign countries are also reviewed. The necessity for further development of the novelty introduced by the Constitution of the Russian Federation regarding federal territories is underscored, including a discussion on the unique tax regime applicable to these territories. The article employs several scientific methods, including the comparative-legal method and the formal legal method, with additional methods such as analysis and synthesis also utilized. Conclusion: Despite the short period between the establishment of the first federal territory and the development of its legal framework, several distinctive characteristics have also emerged in Russian legislation. An analysis of Russian constitutional law reveals key features in the exercise of public authority in this new public law entity. When comparing approaches to public authority in other countries, the models of India, Brazil, and Canada were chosen for comparison. It was found that Russia’s form of public authority within federal territories is unique and does not fully align with any of the models seen in these foreign states. However, Russian legislation currently lacks a comprehensive law that regulates federal territories as a whole. At present, the only federal territory established in the Russian Federation is the Sirius federal territory, and its legal status is governed by the federal law “On the Federal Territory ‘Sirius’”. This highlights the need for further development of a broader normative framework that regulates the status of the federal territory. Such a framework would not only solidify the legal status of the Sirius federal territory but also provide for future federal territories yet to be formed

Political and legal analysis of the mechanisms of providing Ukraine with resources of strategic importance in the context of increasing the national defence potential

This study addresses the critical issue of enhancing Ukraine’s defence capabilities through the efficient management of strategic resources amidst ongoing Russian aggression. The research aims to develop substantiated recommendations for optimizing the legal and political mechanisms that govern the provision of strategic resources to Ukraine. The study employs a formal legal method to analyze key national and international legal frameworks, including the Law of Ukraine “On the National Material Reserve” and the Code of Ukraine “On Subsoil,” focusing on their efficacy in wartime conditions. Also, political analysis, comparative analysis, legislative review and document analysis were used. The research highlights the gaps in existing legislation, particularly in adapting to the needs of martial law and the complexities of interagency coordination. The findings reveal that while Ukraine has established an extensive legal framework for managing strategic resources, significant issues persist in areas such as transparency, interagency cooperation, and bureaucratization. The study advocates for legislative amendments to better suit wartime needs, the implementation of a unified monitoring system, and enhanced international cooperation, particularly with bodies like the UN and World Bank. The conclusions emphasize the importance of Ukraine’s participation in international transparency initiatives and the need to align national legislation with EU standards. Overall, the thesis of this work is the development of substantiated recommendations for optimizing Ukraine’s strategic resource management in the context of war, while the research niche focuses on the analysis of political and legal mechanisms that influence the state’s defence capabilities.

Законодательный уровень правового регулирования в субъектах федеративных государств (сравнительно-правовой контекст)

Relevance. The normative prescriptions formed in the subjects of federal states, including in the subjects of the Russian Federation, acquiring a legislative form in accordance with their constitutions, under the conditions of the right granted to these subjects to carry out “their own legal regulation” (Part 4 of Article 76 of the Constitution of the Russian Federation), form a fundamentally new — their own level of legislative regulation in the regions, which is noticeable It also modernizes the role of federal legislation in the system of regulatory regulators of public relations. Widely practiced in the subjects of the Russian Federation and other federal states, the principle of its own legislative regulation brings its positive results. Goal. In a comparative legal context, to substantiate that, thanks to the legislative form of legal regulation formed by the subjects of the federation in a single legal space, favorable conditions are created for the implementation of the constitutional principle of equality in specific relations, which, in turn, contributes to strengthening the unity of the Russian federal state. Methods. The obtained conclusions are based on dialectical, logical, systemic, sociological, as well as comparative legal, formal legal, legal interpretation, statistics and other research methods. Results. The distinctive features, meaning, content, positive role and practical significance of their own legislative regulation in the subjects of federal states are revealed. Arguments are presented confirming that the own legislative regulation in the subjects of the Russian Federation, carried out in the form of specifying federal laws and supplementing them with new content, contributes to strengthening the integrity of the federal state and its sovereignty and as such acts as a key link in the system of regulatory regulators in the regions. The results obtained are new and have practical significance. In this aspect, legal regulation in the subjects of the Russian Federation has not been considered in the scientific literature.

Features of foreign investment in business companies that occupy a dominant position in the commodity market

The object of the study is certain issues of the procedure for foreign investments in strategic sectors of the economy. The subject of the study is devoted to the procedure for making foreign investments in business entities that occupy a dominant position in the commodity market. The dominant economic entity has market power, which provides an opportunity to shape the economic environment by determining the number of market participants, the behavior of suppliers of goods (works, services) and their consumers. The author examines the issues of necessary regulatory approvals of transactions of foreign investors for the acquisition of assets of dominant entities, as well as general antitrust and special rules for determining the existence of a dominant position in business entities operating in various sectors of the economy. The methodological basis of the study was based on systematic and formal legal methods, as well as the method of technical and legal analysis. The conclusions of the study are based on the constitutionally significant goals of ensuring national defense and state security, Russian legislation provides for the need to obtain additional regulatory approvals for foreign participation in business entities that occupy a dominant position on the market. At the same time, the book value of assets and the amount of revenue of a foreign investor does not matter, a group of persons to which he belongs, as well as a business entity whose assets are planned to be acquired by a foreign investor (a group of persons to which a foreign investor belongs), unlike transactions subject to approval within the framework of antimonopoly control. In some cases, the control of foreign investments applies special rules for determining the fact of market dominance for some business entities, which differ from the rules of antimonopoly legislation.

Formation of legal conditions for the introduction of blockchain technologies in Russia as part of the transition to a new technological order in Russia

An analysis of the current level of technology development allows us to conclude about the increasing role of digital technologies in public relations. The object of the study is the social relations that arise in the process of implementing blockchain technologies during the transition to a new technological order. The new (sixth) technological order is a reproduction system in which digital technologies (big data, blockchain, artificial intelligence) affect management activities, industrial and economic relations. Special attention is paid to the assessment of the legal regulation of these relations as one of the conditions for the full-scale introduction of modern digital technologies. In this article, the authors set the task of formulating an idea about the conditions for the introduction of blockchain technologies as a factor in ensuring the transition of modern society to a new technological order, including the implementation of legal conditions. The research methods are general scientific and special methods, among them the use of analysis to identify key trends, patterns and problems related to the legal regulation of blockchain technologies, as well as a formal legal method to determine the features of strategic planning documents, concepts and regulatory legal acts as elements of the legal conditions for the introduction of blockchain technologies. It is noted that the introduction of these technologies requires a number of conditions, including the formation of proper legal regulation, ensuring a sufficient technological basis, creating social conditions – preparing the population for the use of new technologies, ensuring financial and political conditions for modernization. In addition, the development of human resources and the creation of organizational conditions will ensure the comprehensive implementation of these technologies in public relations. Based on the results of the analysis of legal acts, the authors conclude that the state policy and regulatory framework for the transition to a new technological order and the introduction of blockchain technologies in various spheres of life are currently being determined at the strategic, regulatory and conceptual levels. In addition, some promising areas of implementation of blockchain technologies in public relations, including in legal activities, are noted.

The Institute of Enhanced Cooperation in European Union Law: Evolution of Legal Regulation

INTRODUCTION. The article presents the evolution of legal regulation of the institution of enhanced cooperation as a legal form of flexible integration in European Union (EU) law. Flexible integration is a fairly widespread and objectively existing legal phenomenon in the practice of various integration associations. However, it is within the framework of EU law that the concept of enhanced cooperation has received the greatest development and legal regulation. This was largely due to the EU's desire to regularize and subordinate alternative forms of co natural that interstate cooperation within the framework of one or another integration cooperation acquires more and more complex character, and cooperation of the member states of an integration association within the framework of one or another direction of interaction has uneven and heterogeneous character. MATERIALS AND METHODS. The methodological basis of the study was traditional general scientific and special methods of cognition of legal phenomena: comparative legal method; method of scientific analysis; formal legal method; method of synthesis of social and legal phenomena.RESEARCH RESULTS. As a result of the analysis, the main stages of development of prerequisites and reasons for the legal regulation of enhanced cooperation have been identified and the periodization of the development of legal regulation of this institution has been proposed. DISCUSSION AND CONCLUSIONS. Within the framework of the proposals on the periodization of the development of legal regulation of the institution of enhanced cooperation the following stages can be distinguished. The first stage can be labeled as “pre-Amsterdam”. This period is characterized by the formation of conceptual foundations of enhanced cooperation as a legal form of flexible integration. Within the framework of the “pre-Amsterdam” period there is an application of some form of flexible integration (Schengen, euro zone, etc.). The conceptualization of enhanced cooperation as a form of flexible integration was the basis for the normative-legal consolidation of this institution in the founding treaties of the EU. The next stage can be called “Amsterdam-Nicean”. Although the institution of enhanced cooperation received different names in the Amsterdam and Nice versions of the establishing treaties, it seems possible to unite this period into one: despite the normative-legal consolidation of enhanced cooperation as a form of flexible integration, the relevant norms of the establishing treaties have not actually received practical application. Finally, the next stage – the “Lisbon” period is characterized by the active ap[1]plication of the norms of the establishing treaties in the EU practice, including judicial.

Соотношение свободы труда и обязанности граждан трудиться: конституционно-правовое исследование

Introduction. Amendments to the Constitution of 2020 of the Russian Federation have marked the problem of changing the state approach to the interaction of the individual, society and the state. The basic content of freedom of work should not be identified with the right of a person not to carry out any socially useful activity. At the same time, the constitutional concept of mutual rights and obligations of the individual and the state cannot be built on the same principles as in the Soviet times. The purpose of the work is to identify the constitutional and legal meaning of the provisions on the obligations of a citizen to work or carry out other socially useful activities and to determine the prospects for establishing the relevant obligations in the legislation of Russia in the modern period. Methods. The main methods of scientific research are: system analysis, formal-legal method. Within the framework of historical-legal and comparative-legal methods the norms of the Constitutions of the RSFSR of 1918, 1925, 1937 and 1978 and constitutions of foreign countries were analysed in comparison with the corresponding provisions of the Constitution of the Russian Federation. Results. Based on the analysis of constitutional and labour legislation of Russia and foreign countries the author’s attitude to the possibility of establishing in the Constitution of the Russian Federation and special legislation the obligations of citizens related to participation in socially useful activities. The conditions for the establishment of such obligations in the future, which should have a constitutional basis, are revealed.The theoretical issues that arose after the adoption of the 2020 amendments to the onstitution of the Russian Federation are outlined, which can serve as a direction for further constitutional and legal research. The conclusions are formulated about the inexpediency of introducing at present any coercive measures in relation to persons who do not perform any socially useful activity, and the conditions for their appearance in the legislation in the future.

Транспортная безопасность современного государства как социоюридический феномен

Introduction. The article is devoted to the issues concerning transport security – a complex socio-juridical formation, an element of national security of the state. Awareness of the determinacy of transport security by the political influence of the state in the international sphere contributed to the recognition of the development of transport infrastructure and its improvement as a national priority of the state. The historiographical analysis of the research subject reveals a number of scientific researches, which highlighted certain aspects of the formation of the idea of transport security and its implementation. However, transport security of the modern state as a socio-legal phenomenon remains uncharacterised. Methods. The research is based on the principles of comprehensive study of legal processes and phenomena, the integrity of theory and practice. The main methodological approaches were systemic and value-based ones. In the course of the research methods of periodisation, retrospective analysis, functional, formal-legal methods, method of content analysis of legal acts were used. An important role belonged to the sociological method, which made it possible, through the questionnaire surveys conducted by the author of the article, to determine the specifics of the subject composition of the transport security system and the peculiarities of law enforcement practice in the field of transport security in the Russian Federation. Results. The degree of development in legal science of questions concerning transport security is revealed; in the context of ideas about the modern state the content of the concept of “transport security” is specified; transport security and its maintenance are characterised as systems; internal affairs bodies are described as a subject of its ensuring; on the basis of independently conducted sociological researches the features of application of legal norms in the sphere of ensuring transport security are determined.

Issues of Tax Integration in the Practice of the Court of the Eurasian Economic Union: Commentary on the Advisory Opinion on the Case CE-2-1/1-22-БК2

Introduction. Economic and political processes in integration associations are accompanied by the convergence of the legal systems of their Member States. The area of harmonization, which is both important from the point of view of the formation of the internal market (indirect taxes) and sensitive from the point of view of sovereignty (direct taxes), is the sphere of taxation. Despite the long-term work on the harmonization of legislation on taxes and fees within the framework of the EAEU, there are still many issues that need both interstate and national settlement. Methods. The methodological basis of the research was made up of general scientific methods of cognition: analysis, synthesis, abstraction, induction, deduction, analogy, modeling, systemic, as well as private scientific methods – the formal legal method and comparative legal method. Results. The authors refer to the practice of the EAEU Court as a supranational judicial body with the authority to resolve disputes on the application of the sources of the EAEU law, as well as to clarify their provisions. Cross-border tax issues may become the subject of research by the EAEU Court, including in the procedure for the implementation of advisory competence. The acts of the EAEU Court allow not only to resolve the dispute, but also to eliminate possible conflicts in law, as well as the inconsistency of its understanding. The growing role of Court acts is noted precisely as acts of interpretation, which is shown by the examples of advisory opinions on tax disputes. The article examines the basic principles of collecting indirect taxes on the export and import of goods and services on the example of the advisory opinion on the case CE-2-1/1-22-БК, as well as comparisons with earlier cases considered by the EAEU Court, in which tax issues were raised. The connection of the considered problems with the concept of tax sovereignty is noted. Defining the boundaries of the circle of taxable persons is related to the tasks of national policy, including such as combating tax evasion and protecting the national fiscal base. Discussion and Сonclusion. In the course of the study, the authors come to the conclusion that the EAEU Court does not have the authority to determine the order of execution of the decision, as well as to apply interim measures, at the same time, the countries themselves participating in the integration association impose on law enforcers the obligation to adhere to the principles of maintaining confidence in the Treaty on the EAEU.

The legal nature of crypto assets and its reflection in the civil and tax legislation of the Russian Federation

The article analyzes the legal nature of crypto assets in Russian legislation and the specifics of their taxation, focusing on the need to form a legal framework that promotes effective protection of the rights of participants in the turnover of crypto assets.The methodological basis of the research is the dialectical method, the formal logical method, the formal legal method and the method of interpretation of law.The lack of a unified terminology base in the field of digital economy in Russian legislation creates additional difficulties in creating comfortable conditions for the development of the crypto asset market. Currently used various terms such as “virtual assets”, “digital assets”, “crypto assets”, “cryptocurrency” are not fixed in the current legislation. At the same time, the terms existing in Russian legislation do not allow for effective regulation in the field of taxation and civil turnover, since they intentionally exclude the most common crypto assets from their scope. Without clear and unambiguous legal regulation, it is difficult to ensure proper control and taxation of transactions with crypto assets, which can lead to significant tax losses and a decrease in budget revenues.Moreover, the concept of “digital currency” used in Russian legislation does not correspond to the generally accepted meaning in international practice and is mainly considered in an economic context, rather than in a legal one. Such a discrepancy in terminology creates additional difficulties for participants in the cryptocurrency market and creates obstacles to the formation of an effective legal framework for the regulation of the digital economy. According to the results of the study, it was concluded that the current approaches to the development of the terminological apparatus of the regulation of crypto assets have flaws, since they allow for a mixture of concepts and do not imply the formation of a clear hierarchy. The definition of “the digital asset” is proposed for the purpose of filling existing terminological gaps in the current legislation.

Scientific and Technological Development Strategy as a New Paradigm of Socioeconomic Modernization of Russia in the Context of Global Challenges

The article analyzes the provisions of the new Scientific and Technological Development Strategy of the Russian Federation. Attention is drawn to the reasons for changing the course of the state science and technology policy. It outlines the essence of the goals, priorities and prospects of scientific and technological development of Russia and gives an assessment of the key directions of state policy in the field of scientific and technological development, as well as mechanisms and tools for their implementation. Using analytical and formal legal methods, we consider the practice of regulating the issues related to organizing the directions of strategic scientific and technological development in Russia and reveal the systemic connections in law as well features of legal acts in the sphere of Russian public relations. The author believes that thoughtful and balanced government decisions in the development of an innovative economy might play a positive role in ensuring the national security of Russia and stabilizing the sociopolitical system of the country. In turn, the dominant ideas outlined in the Strategy are a part of the mechanism for countering existential threats towards contemporary Russia and ensure its national sovereignty in the long term.

The regulatory and protective nature of administrative and procedural legal relations

The article attempts to analyze administrative and procedural legal relations from the point of view of characterizing the ratio of their regulatory and protective nature.The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.The paper calls into question the possibility of using the protective legal relationship as a basis for distinguishing procedural and material legal relations. The author argues that not all activities and actions that have a protective nature and are carried out in the process of public administration are procedural in nature. The assumption that the emergence of a legal process is connected not only with a protective legal relationship arising from noncompliance with obligations or the occurrence of other situations entailing the use of coercive measures, but also in order to ensure respect for the rights of participants in the process from abuse of power by persons making both interim and final procedural decisions is made. Ensuring the rights of participants in the administrative process is carried out by establishing specific administrative procedural actions, deadlines, administrative procedural decisions, procedural grounds for their adoption, etc. The legal process, including the administrative process, must be considered from the point of view of establishing the truth in the case, but at the same time guarantees must be provided that prevent the abuse of power by on the part of the ruling entity and the right on the part of all participants in the process. At the same time, administrative procedural regulation is aimed not only at establishing legal facts, comprehensiveness, completeness and objectivity of the consideration of an administrative case, but also at protecting the rights of persons involved in the case and ensuring their duties. Hence, the protective nature of administrative and procedural legal relations does not follow from the main substantive legal relationship, but from the corresponding purpose of protecting and ensuring the legitimate procedural rights and obligations of participants in the administrative process.Administrative and procedural legal relations, realizing the regulatory function of law, are formed on the basis of regulatory norms that provide for administrative and procedural rights and obligations of relevant subjects in the consideration and resolution of administrative cases. In addition to the fact that administrative and procedural legal relations are regulatory, they also have a law enforcement character. The regulatory function of administrative and procedural law is expressed in the establishment of not only administrative and procedural actions that should (can) be committed by the subjects of administrative and procedural legal relations when initiating, establishing circumstances, considering an administrative case, but also in their specific sequence, timing of commission, as well as types of administrative and procedural decisions, etc. The protective function of administrative and procedural law is to protect the administrative and procedural rights and interests of all participants in legal relations.Based on the above, the author comes to the conclusion that administrative and procedural legal relations are of a regulatory and protective nature.

The Concept of Judicial Candor: Background, Development and Current State

Introduction. The concept of judicial candor, requiring judges to honestly and fully disclose the reasons behind their decision-making, is an essential element in ensuring the legitimacy and accountability of the judiciary in a democratic society. However, the implementation of this principle in practice faces a number of problems and limitations. Theoretical Basis. Methods. The study relies on the methodology of comparative jurisprudence, examining the development of the concept of judicial candor in the legal thought of the USA and other countries. The general scientific methods of analysis, synthesis, induction, deduction, as well as special methods of legal science – formal legal and comparative legal methods – are applied. Results. The analysis of the works by D. Shapiro, R. Fallon, M. Schwartzman and other researchers made it possible to identify the main stages and approaches to understanding judicial candor in American doctrine, from its justification as an unconditional requirement to the development of more flexible models that take into account various aspects of the courts’ activities. The arguments both in favor of maximum openness of judges and in favor of its limitation in the interests of preserving the authority and independence of the judiciary are considered. Special attention is paid to the practical application of this concept on the example of individual decisions. Discussion and Conclusion. The concept of judicial candor has come a long way in its development and has been recognized as an important element in ensuring the legitimacy of justice. At the same time, its practical implementation should be balanced with other values and principles of the functioning of the judicial system. Prospects for further research on this topic are associated both with the study of actual practices of substantiating court decisions in different countries, and with understanding the new challenges posed by the development of information technologies.

Legal support of social guarantees for persons employed in the gig economy: Russian and foreign experience

The subject. Legal support of social guarantees for persons employed in the gig economy: russian and foreign experienceThe purpose of the article is to reveal the features of providing social guarantees to gig workers, as well as protecting their rights through the institution of trade unions, to give the concept of “guarantees of gig workers”, “social guarantees of gig workers” The methodology includes systematic approach, comparative method, formal-logical method, formal-legal method, analysis, synthesis.The main results of the research. The situation of gig workers appears to be less protected in terms of their rights and the guarantees provided to them. In this regard, there is a need to determine what social guarantees should be provided to which categories of gig workers, as well as possible measures of social protection for such persons. There is a need to once again ensure the rights of workers employed in self-employment or platform employment. A definition of guarantees for gig workers is proposed: guarantees are the means, methods and conditions by which the implementation of the rights granted to gig workers in the field of employment and their social security is ensured. Social guarantees for gig workers can be defined as a set of social and legal obligations of the state to workers employed in the gig economy (self-employment, platform employment), aimed at creating the necessary conditions for them to perform their work and meet their social needs and professional interests.In cases where a gig worker is, in some respects, close in his legal status to an employee under an employment contract (full-time work, etc.), his pension and social insurance should give him the maximum opportunity for social guarantees in case of temporary disability and in connection with retirement.

On improving the procedure for interaction of the High Commissioner for Human Rights in the Russian Federation and public authorities

An analysis of the experience of ombudsmen in foreign countries will identify the most effective methods and approaches in protecting the rights and freedoms of citizens, as well as the problems and difficulties faced by these institutions. It is important to note that the functions and powers of an ombudsman may vary significantly from country to country. The work provides an analysis of Russian legislation regulating the constitutional and legal status of The High Commissioner for Human Rights in the Russian Federation, and taking into account the experience of normative regulation of the constitutional and legal status of the Ombudsman abroad, the authors put forward proposals for improving the procedure for interaction between The High Commissioner for Human Rights in the Russian Federation and public authorities. The study and analysis of foreign experience will make it possible to develop recommendations for improving the work of The High Commissioner for Human Rights in the Russian Federation and take into account international standards in the field of protection of human rights and freedoms.The work provides an analysis of Russian legislation regulating the constitutional and legal status of The High Commissioner for Human Rights in the Russian Federation, and taking into account the experience of normative regulation of the constitutional and legal status of the Ombudsman abroad, the authors put forward proposals for improving the procedure for interaction between The High Commissioner for Human Rights in the Russian Federation and public authorities.We will consider these issues using general scientific methods, such as analysis, synthesis, deduction, induction, analogy, comparison, abstraction. In addition, the scientific article used specific historical, systemic-structural, functional, comparative legal, formal legal research methods, predetermined by the characteristics of the object and subject of scientific research, its purpose and objectives.Until now, not enough attention has been paid to analyzing the possibility of giving a mandatory character to the institution of The High Commissioner for Human Rights in the Russian Federation. This means that its decisions and recommendations must be binding on other government bodies. This, in turn, can significantly increase the efficiency of this institution and improve the situation with the protection of human rights in the Russian Federation.

Constitutional presumption of innocence and the institution of release from criminal liability: correlation issues

The purpose of the article is to determine, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, the issues of correlation and ensuring the compliance of the institution of release from criminal liability with the constitutional presumption of innocence. The methodological basis of the presented article includes a complex of general and special legal methods including analysis and synthesis, the method of description and observation, comparative- and formal-legal methods. Results and conclusions. The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of release from criminal liability and the constitutional presumption of innocence. It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the release from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system. It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine.

ASPECTS OF SCIENTIFIC RESEARCH IN UNIVERSAL ENVIRONMENTAL TREATIES: LEGAL AND ECONOMIC ANALYSIS

The article emphasises that aspects of international legal cooperation in the field of scientific research have not yet been the subject of a systematic, comprehensive scientific study either in the context of international law doctrine or in relevant publications. The subject of the study is the legal regulation of scientific research in universal international environmental treaties, with the aim of identifying the specific features of such international legal mechanisms. The paper examines the challenges and paradoxes faced by international environmental law in regulating scientific research as a process, as well as in balancing scientific research with the practical needs for appropriate resources. The research uses hermeneutical, prognostic, comparative and systemic analysis of relevant international treaties as components of the modern system of international law. It applies a complex set of methods, including analysis and synthesis, structural and formal-legal methods, as well as scientific deduction and induction approaches. The combination of these methods provides a thorough examination of how international environmental treaties regulate scientific research. The methodology includes a hermeneutic approach to interpret the language and provisions of various environmental treaties, a predictive approach to forecast potential developments and the outcomes of current regulation, a comparative analysis to identify similarities and differences between different treaties, and a systems analysis to understand how these treaties fit into the broader system of international law. Taken together, these methods provide a reliable basis for assessing the current state and future directions of international legal cooperation in environmental research. The main objective of the article is to reveal the unique characteristics and complexities inherent in the international legal mechanisms governing scientific research under environmental treaties. It aims to highlight the current challenges and paradoxes faced by international environmental law in this context. These include the need to address global environmental problems with often limited and unreliable scientific data, the need to respect and encourage scientific research, and the imperative to balance the search for scientific knowledge with the practical needs of natural resources. The results of the study show that environmental conventions reflect several important challenges. One of the main challenges is to address global environmental issues in the face of a lack of reliable scientific information, while respecting scientific research and its results. Another crucial challenge is to maintain a balance between promoting scientific research and meeting the practical resource needs of humanity. The author posits that international environmental law sources represent an enduring endeavour to achieve equilibrium in the formation of convention bodies. This equilibrium strives to reconcile the sovereign interests of participating states with the necessity of maintaining a high level of expertise within relevant commissions and committees. In conclusion, the paper emphasises the necessity for the continuous development and refinement of legal regulation pertaining to scientific research within the field of international environmental law. This is in order to effectively address the dynamic and complex interplay between scientific advancement and environmental sustainability.

Introduction of a guaranteed basic income as a probable consequence of intellctual automation of labor

Objective: to form a holistic view of the unconditional basic income as a tool of social protection, taking into account the changes in the labor sphere and allowing to solve a number of growing problems associated with the consequences of the economy digitalization, as well as to assess the prospects of creating legal regulation on this issue. Methods: the study was conducted using both general and specific scientific methods, including analysis and synthesis, formal-legal method, systemic and comparative approaches, methods of legal forecasting and legal modeling. Results: unconditional basic income can become one of the elements of a new model of social security based on the unstable nature of labor relations, which begins to prevail over the model of sustainable employment traditional for industrial society. If established, this institution will be cross-sectoral within the labor law and social security law, providing social protection simultaneously to all members of society, most of whom in the near future will face an increased risk of being absorbed by technological unemployment. Unconditional basic income as an element of the social protection system will have to comply with the principle of the universal nature of protection based on social solidarity, on the one hand, and to take into account the need to balance the interests of the parties, on the other hand. As experimental models of basic income, which can be put into practice in the coming years, we can name the model of basic income as a measure of social support for persons involved in atypical forms of employment. This model will affect a number of existing provisions of labor legislation and will allow over time, in case of technological unemployment, to expand the circle of unconditional basic income recipients to all people. Scientific novelty: it consists in the fact that the unconditional basic income is analyzed from the viewpoint of its compliance with the fundamental principles of labor, employment, and social security. Practical significance: it consists in revealing the significance of basic income for the implementation of social policy and in forming recommendations for modeling experiments to introduce the unconditional basic income in the Russian Federation.

О некоторых вопросах реализации адвокатами Социалистической Республики Вьетнам социально-правовой функции в период с 1992 года и на современном этапе

The article examines the origin and formation of the socio-legal function of the Bar of the Socialist Republic of Vietnam (hereinafter – SRV) to provide free legal assistance to all those in need in the period from 1992 to the present. The article analyzes the expired normative legal acts that regulated the activities of the SRV Bar since the beginning of the constitutional reform in 1992, as well as the current normative legal acts regarding the provision of free legal assistance, including those determining the payment for the activities of a lawyer at the request of competent authorities. The research employs the formal legal method, the method of comparative legal analysis, synthesis, deductive and inductive methods, generalization and systematization of scientific sources on the research problem, as well as comparative and predictive methods. Conclusions are drawn about the specifics of the development of Vietnamese legislation in the field of providing free legal assistance by the SRV Vietnam Bar Federation.