Formal-logical Methods Research Articles

Mathematic modeling of risks as a way for determining corruption in the acquisition system

Relevance. The research is relevant due to the potential of mathematical risk modeling in diagnosing corruption within the acquisition system. This approach is highly effective in identifying the causes and conditions of corruption, offering significant prospects for improving anti-corruption measures. Purpose. The study aims to comprehensively analyse both the normative and theoretical foundations of mathematical risk modeling in the acquisition system. The goal is to develop doctrinal proposals to enhance the current state of mathematical modeling in this context. Methodology. The authors used analysis, synthesis, formal-logical methods, system-structural methods, and mathematical modeling to examine Kazakhstan's anti-corruption regulations and establish legal grounds for diagnosing corruption risks. Results. The research presented an evidence-based proposal for the gradual implementation of mathematical modeling provisions in diagnosing corruption risks within the acquisition system, structured in two stages. It offered a critical analysis of theoretical developments on the subject, explored the functions of mathematical modeling in jurisprudence, and discussed their concepts and types. The study also developed a mathematical formula for calculating corruption risks and described its components. Conclusions. The study's findings include recommendations for developing mathematical formulas to diagnose corruption risks in the procurement system, highlighting the practical significance of the work. These recommendations provide valuable insights for improving anti-corruption measures through the application of mathematical risk modeling. Keywords: strategy; Kazakhstan Republic Law; cause and conditions of the crime; scientific program

Exploring the nexus between law and morality: ethical considerations in legal studies

This publication aims to furnish a comprehensive examination of the ethical elements inherent in the roles of judges, prosecutors, attorneys, and notaries, elucidating their influence on the content of pertinent legal statutes governing the professional status of these legal vocations. The research employed various methodologies, encompassing the analytical method, the synthetic method, the method of scientific generalization, the method of interpreting legal norms, and the formal-logical method. The examination of legal understanding from a moral and ethical perspective involves the scrutiny of two principal concepts: the concept of natural law and the concept of legal positivism. This analytical framework enables the author to assert that a hallmark of progressive law-making lies in the adherence to not only the tenets of natural human rights but also moral and ethical principles during the formulation of legislative acts. In the context of the role and significance of ethics in the professional conduct of judges, prosecutors, attorneys, and notaries, the author undertakes an analysis of pertinent Ukrainian laws. It is asserted that within each of the examined legal enactments, ethical requirements assume a predominant role in the regulation of the legal status of practitioners in the specified legal professions. For instance, the non-violation of rules of professional ethics is delineated as a fundamental duty for specific categories of legal practitioners, with breaches serving as grounds not only for disciplinary consequences but also for the termination of the authority. Building upon the aforementioned observations, it is affirmed that the ethical dimensions of jurisprudence hold significance within contemporary legal discourse across three dimensions: adherence to moral and ethical principles in the crafting of legislative instruments; avoidance of breaches against ethical principles in the course of judicial, prosecutorial, attorney-at-law, and notarial activities; and the imperative that moral and ethical requirements remain inviolate during the preparation of legally consequential documents.

V. A. Sukhomlinsky’s pedagogical heritage: innovation and foresight

Introduction. Modern education does not always meet the challenges associated with the rapid changes brought by the new millennium. The spiritual and moral crisis is becoming more and more pronounced. Relying only on “rationality” and practical expediency leads to human degradation and civilizational crisis. This underlies the unprecedented value of pedagogical systems containing certain constructive solutions to the identified problem put forward by practice. According to the general opinion of the world pedagogical community, among such systems is one created by the outstanding humanist V.A. Sukhomlinsky (1918 – 1970). Purpose: To identify and reveal the essence of the ideas and provisions of the Pavlysh innovator that have already played an invaluable role in the enrichment of the national education and will be the driving force of its development in the third millennium. Materials and Methods. The basis of the study is V.A. Sukhomlinsky’s works and the products of his rich educational practice, as well as materials from those who studied the innovator’s creative heritage. The research methodology was based on the conceptual provisions of humanistic pedagogy. The specific methodological tools included the principles of integrity and consistency, objectivity, universal connection of phenomena, combination of retrospective and prospective development, along with sociocultural and system-functional principles. In addition to general scientific methods, such as system-structural analysis and synthesis, the research process also involved formal logical research methods. Results. The study expands and concretizes the existing knowledge about the development of pedagogical theory and school practice in the second half of the 20th century. Identified and characterized are the key ideas and scientific positions of V.A. Sukhomlinsky, the prominent representative of the studied period. They were the foundation of his pedagogical system and played an important role in enriching the theoretical and methodological foundations of pedagogy, the content and support (methodological and technological) of modern educational practice and will certainly become the driving force of its development in the medium and long term. Even though V.A. Sukhomlinsky lived and worked in an ideologized epoch, difficult for creative work, he managed to develop his own pedagogical system, in which the poetic and popular idea merged with its scientific foundations. V.A. Sukhomlinsky’s pedagogy is in many respects the pedagogy of the present and the future. It is entirely aimed at the realization of the humanistic ideal. The concepts of goodness and humanity, preached by the educator, nowadays win more and more supporters. As many other provisions of the innovator concerning the construction of the educational process, they can undoubtedly become one of the cornerstones of developing the educational practice in the third millennium. Conclusion. V.A. Sukhomlinsky’s multifaceted activity not only enriched pedagogical science with new ideas and provisions, but also can rightfully be regarded as an important stage in its development. Nowadays, when the world has entered the third millennium and the pedagogical community solves the problems associated with the renewal of the content essence of all parts of education, we believe that the ideas and practical experience of the outstanding teacher will play a productive role in this process. Keywords: upbringing of a comprehensively developed personality, humanization of the pedagogical process, regental function of upbringing, system-forming factor of upbringing, unity of teaching and upbringing

Financial Capacity of Insurance Companies as a Factor of Stable Development of the Ukrainian Insurance Market

Abstract The relevance of the article is based on an in-depth study of the financial potential of insurers and its impact on the insurance market, which provides valuable information for the stakeholders of the insurance industry. Therefore, this study aims to determine approaches to revealing the essence of the financial capacity of insurers, based on the scientific tools of financial science. The leading approach to the study of this problem is the analysis of the dynamics of liabilities (raised and borrowed funds) and equity capital of insurers and the relationship between them, which enables a comprehensive look at the impact of these indicators on the development of insurance market and internal and external factors that have both an objective and subjective impact on the financial capacity of insurers and the insurance market. The article defines the stages and methodology of assessing the financial condition of insurers. In particular, the normative method, the comparative method, the static method, the formallogical method, the economic-mathematical method, the method of analysis and synthesis became the leading research methods. These assessment methods are crucial for the timely determination of the current state of financial capacity and its potential. Using a multivariate correlation-regression model, the authors demonstrate the importance of various components of financial capacity. The presented results will be useful to various stakeholders in the insurance industry as they provide a deeper understanding of their financial strength, including the dynamics of liabilities, equity and leveraged funds. First of all, it was established that financial resources are the basis of financial capacity. Secondly, the definition of the insurance company’s financial resources as a source and component of the company’s functioning is formulated. Thirdly, it is shown that the insurer’s financial capacity is logically dependent on its investment capacity, which is determined by the amount of financial resources. It was also determined that financial capacity is a dynamic quantity and is manifested only in the process of its use and ideally should be accompanied by its growth. Among them, it was proved that the main components that significantly affect the formation of the financial potential of insurers and the growth of the insurance market of Ukraine are insurance reserves and authorized capital. These conclusions can easily become the basis for the formation of further state insurance policy, which will be followed through legislative reforms, increased competition in the insurance market and will result in an increase in the level of trust among the population.

Current Approaches to Improving Consensus Decision-Making Mechanisms in International Regional Organizations

This study is aimed to study a key element of the activity of any international organization — the problem of consensus decision-making and the corresponding practice of solving it both in integration bodies (Eurasian Economic Union, European Union) and in interstate organizations devoid of a supranational component (Shanghai Cooperation Organization, North Atlantic Treaty Organization treaty, Collective Security Treaty Organization).Aim. Identify current approaches to improving the application of the rule of consensus in interstate (intergovernmental) structures and their bodies.Tasks. Investigate and generalize the practice of consensus decision-making within the international regional organizations, highlight actual ways to increase the efficiency of their decision-making mechanisms.Methods. The study used general scientific methodology. The comparative analysis method is used to compare existing decision-making practices. Analysis, synthesis, generalization, as well as the formal logical method were used to formulate the conclusions of the work.Results. The collective decision-making based on consensus follows from the international legal principle par in parem non habet imperium. It emphasizes the equality of all participants in an international organization and excludes the imposition of obligations non-approved by a sovereign state. From this point of view, consensus is a way to strengthen unity and achieve organizational stability. Simultaneously the practice of using this form in various international organizations gives evidence to its low efficiency in decision-making. Achieving consensus requires intensive efforts to coordinate the positions of the parties, and the emergence of “one-vote veto” situations cannot be ruled out. A possible way to increase the efficiency of decision-making within the framework of integration processes (EU, EAEU) lies through the development of supranational mechanisms.Conclusions. Analysis of the practice of functioning of international regional organizations (SCO, NATO, CSTO) allows to identify two approaches aimed at overcoming the negative features of consensus decision-making. The first involves the development of an international organization with formal obligations of members into a community associated with the establishment of a set of shared values among its participants. The second presumes the creation of mechanisms that allow interested states to use the institutions of such a structure to make collective decisions without a not-participating state. Both approaches do not exclude but complement each other.

Methodological foundations of the study of state control in the field of insolvency (bankruptcy): analysis and evaluation

The subject of the study is to analyze and evaluate methodological approaches to the study of state control in the field of insolvency (bankruptcy). The article presents the author's established positions on the classification of methods of cognition in the field of theory of state and law. The article presents the author's established positions on the classification of methods of cognition in the field of theory of state and law. The authors of the article analyzed the essence and specifics of the implementation of general philosophical, general scientific and private scientific methods, highlighted their advantages and disadvantages in terms of applicability in the field of insolvency (bankruptcy). The research methodology is based on the use of general scientific and dialectical methods of cognition, as well as scientific techniques such as analysis, comparison and generalization. The scientific novelty of the research lies in the substantiation of the author's methodological approach to the study of state control in the field of insolvency (bankruptcy), consisting of philosophical (dialectical method), general scientific (analysis, synthesis, idealization, historical, systemic and logical methods), private scientific (statistical and cybernetic methods, institutional, functional-structural and communicative analysis, sociological research) and special legal (comparative legal, formal logical) methods. The authors also revealed the specifics of the application of each group of methods in the field of state control in the field of insolvency (bankruptcy). It is proved that the presented methodology makes it possible to comprehensively study the institutional and legislative support for the functioning of the administrative and legal mechanism of state control in the field of insolvency (bankruptcy) and develop relevant directions and measures to improve it.

ANTHROPOLOGICAL APPROACHES TO THE STUDY OF CRIME: HISTORY AND CURRENT STATE

The purpose of the study is to identify the relationship between anthropological approaches to the study of crime and the possibility of their application in modern criminology to prevent crime. Materials and methods. The methodological tools correspond to the goals and objectives of the study and include the use of a dialectical-materialistic method of cognition, due to which it was possible to consider the subject of research in development, taking into account its interrelationships with historically changing legal phenomena. The comparative historical method as the main method allowed the authors to analyze the development of the institute of criminal anthropology and its patterns. The methods of formal logic, such as description, comparison, analysis and synthesis, made it possible to fully disclose the criminological and legal aspects of the phenomenon under study. The applied private scientific methods, such as comparative legal, formal legal and structural-functional ones were used to determine the interrelationships and interdependencies of the studied phenomena, as well as to make the necessary generalizations and conclusions. The results of the study. The relevance of this topic is due to the fact that today there are controversial issues regarding the anthropological approach to the study of crime. However, thanks to anthropological research, the study of the causes of crimes was initiated, which shed light on the appearance of deviant behavior of a person, which gave a great impetus to the development of criminology as a science. The anthropological aspect of crime has given answers to many questions about the causes of crime, and also marked the beginning of the race to find the truth: are criminals born or made? The anthropological theory in criminology is evaluated and assessments are given on the application of certain anthropological knowledge to crime prevention in the modern world. The importance of criminal anthropology in the system of crime prevention measures is substantiated. Conclusions. It is concluded that the anthropology of crime has generated ideas and views on the causality of crime as a result of the interaction of biological factors and surrounding realities and conditions that affect progressive or regressive development. It is noted that criminals have brain disorders, instability, genetic mutations, pathologies of their behavior and mental disorders that push them to commit crimes or act as the only solution in a stressful situation, since such people simply do not have a chance to arouse thought in a different way.

Advanced Research in the Field of Jurisprudence: Age of the Subject of Cognitive Activity

Introduction. The coordinated work of the workforce as a social group in which knowledge and skills are passed on between generations directly depends on the harmonious combination of the ages of its participants. Taking into account the seriousness of the efforts made by the Russian state to preserve the personnel potential of scientific and educational organizations and create a system of incentives for young researchers, an analysis of the average age of authors who published their works on jurisprudence in journals at the top of the SCIENCE INDEX 2022 ranking is carried out. The purpose of the work is to establish patterns characterizing the age composition of authors of leading legal journals and the factors influencing this composition. The objectives of the study are: establishing the average age of authors of leading legal journals, comparing it with the ages of authors of journals in other sciences, identifying factors influencing the age of authors that can be taken into account when developing a set of measures aimed at maintaining Russian science. Methods. The work uses statistical methods, comparative method, formal logical methods. Results. The collected data on the average age of authors of journals in the social and humanities, as well as natural and technical sciences, is presented. The age of authors of works in natural and technical disciplines is, as a rule, higher than the average age of authors in social sciences and humanities. The average age of authors of legal sciences is one of the lowest among the social sciences and humanities, which can be explained by the high dynamism of modern legislation and the specificity of the subject (national law), which reduces the mobility of a scientist. Discussion and Conclusion. The age of the scientist, the merits associated with him and his position in the social hierarchy influence the ability to publish research results in the most prestigious legal journals, however, this pattern ceases to be observed when comparing the average age of authors in the middle and end of the ranking of legal journals.

Может ли использование информационных технологий быть квалифицирующим признаком преступлений против интеллектуальной собственности?

Introduction. The present article is devoted to the issue of registration of the use of information technologies in committing offences against intellectual property. This issue is considered by the author in three aspects - the use of computer information in the committing offences; information and telecommunication networks, including the Internet; and the use of artificial intelligence technologies in committing offences. Methods. The methods of formal logic, system-structural analysis are applied in the research, the main attention is paid to the analysis of materials of judicial practice. Results. The author concludes that the use of information technology should lead to stricter liability in cases where it significantly simplifies crime committing, leads to an increased number of recipients of destructive information or illicit goods and substances, and has the potential to raise the number of offences committed. Based on the results of the research, the author formulates specific proposals to improve criminal legislation in the field of intellectual property. The author proposes to include in separate articles on offences against intellectual property the qualifying feature “an act committed with the use of information and telecommunication networks, including the Internet, or with the use of artificial intelligence systems”.

Судебный контроль за процессуальными решениями следователя: сущность и перспективы

Introduction. The article is devoted to a theoretical analysis of the rules governing judicial control in pre-trial proceedings, its regulation, essence and significance, as well as the study of form and content. The effectiveness and appropriateness of judicial control are related to the discursive role of the court in making certain decisions during the preliminary investigation. The procedure for an investigator’s appeal to the court in pre-trial proceedings was examined and the role of the head of the investigative body in coordinating such an appeal and the prosecutor was clarified. The issues of the need for judicial control in pre-trial proceedings regarding procedural decisions of the investigator are considered. In the process of scientific research, scientific ideas about judicial control and its content in pre-trial proceedings are summarized. Methods. To achieve this goal descriptive, formal-logical methods and the method of interpretation of legal norms were used. Results. Based on the results of the scientific research a classification of judicial control according to the content of procedural activities is presented, the main goals of the procedural verification of the legality and validity of an investigator’s application to the court with a petition to carry out investigative and procedural actions are identified and formulated, the prospects for changing control over the production of these actions and the role of the prosecutor in this procedural activitiesare analyzed.

О необходимости внесения изменений в диспозицию статьи 205 УК РФ «Террористический акт»

Introduction. The article is devoted to the matters of updating the existing antiterrorist legislation. Given the increase in terrorist activity in recent decades, both in the world and in the Russian Federation, the effectiveness of the application of criminal law norms and their updating in accordance with new threats is one of the fundamental factors in countering terrorism. Methods. In the study various scientific methods were used: system analysis, critical analysis, formal-logical method, method of legal modeling. Results. The content of article 205 of the Criminal Code of the Russian Federation was analyzed, conflicts of this legal norm were revealed. The legislator simultaneously applies the concepts of «action» and «act», which leads to problems in the law enforcement practice. The methods of committing a terrorist act were analyzed and it was established that this crime can be committed in the form of both action and lack of action. Amendments to the disposition of Part 1 of Article 205 of the Criminal Code of the Russian Federation are proposed such as replacing the words «other actions» with «other acts», and also replacing the words «in actions» with the words «in acts» in the note to Article 205 of the Criminal Code of the Russian Federation. In the course of the study thediscrepancy between the criminal-legal norm of Article 205 of the Criminal Code of the Russian Federation, where the term «governmental bodies» is used, and the norms of the Federal Law «On the Fight against Terrorism», where the phrase «state bodies, local self-government bodies» is used,was revealed. The analysis of the use of the concept of «governmental bodies» was conducted and it was established that it does not have the legal definition. In order to unify the Russian anti-terrorist legislation and bring it into line with modern realities, it is proposed to specify the content of Article 205 of the Criminal Code of the Russian Federation, replacing the phrase «governmental bodies» with words «state bodies, local self-government bodies».

Some Aspects of Understanding the Contract

The contract as a complex, multifaceted category is used not only in jurisprudence, but also in other doctrines, teachings, and in the direct practical activities of various subjects. At the same time, if viewed from a legal point of view, the contract (as a certain agreement that meets specific criteria) permeates almost all spheres of public relations under the influence of law. The contract occupies a significant place in the regulation of relations under the influence of private law norms. The concept of a contract is repeatedly disclosed by the legislator in various normative legal acts. However, even within the framework of one branch of law (for example, civil law), the mention of a contract may be disclosed in various senses. Doctrinal points of view also reveal a wide range of multiple approaches to understanding the treaty. This circumstance indicates the absence of a single clear understanding of the contract neither in the law nor in the doctrine, which causes some problems in the framework of law enforcement activities. The goals and objectives of the study are to identify legislatively defined and doctrinal positions regarding the concept of a contract (legal and individual). The study was conducted using a comparative legal method, which made it possible to study the position of the legislator regarding the concept of contract in such branches of law as civil, labor, family, etc. In addition, formal logical and systematic methods were used in the work. The result of the study is a brief comparative legal analysis of the provisions of legislation containing norms on the regulation of legal relations between the parties through a contract. The legislator has not clearly expressed his position on the legal nature of individual contracts (in particular, employment and marriage contracts), which gives rise to their ambiguous interpretation, causing difficulties in law enforcement.

Підвищення ефективності правового регулювання фіксації ушкоджень нанесених військовослужбовцям у ході бойових дій

In the context of the norms of international humanitarian law, the article examines the improvement of the effectiveness of the legal regulation of recording injuries inflicted on servicemen during hostilities. The object of the study is the legal regulation of recording injuries inflicted on servicemen during armed conflicts. The subject of the study is the development of norms used during armed conflicts to record injuries to servicemen. The research was carried out based on the dialectical method of cognition with the use of historical, comparative-legal, systemic-structural and formal-logical methods, which together made it possible to investigate issues in a holistic relationship. It is noted that the systematic implementation of the norms of international humanitarian law regarding the Geneva Conventions for the Protection of War Victims of 1949 and Additional Protocols I, II to them of 1977 are implementations taking into account the peculiarities of national legal systems. The norms of international conventions on international humanitarian law in the context of the protection of servicemen wounded during hostilities and current national legislation on these issues have been analyzed. At the same time, in international humanitarian law and, accordingly, in national legislation, there are no norms that regulate responsibility for inflicting wounds on military personnel during hostilities. It is not regulated in the legal relationship of informing about events related to the wounding of a serviceman in the context of criminal and criminal procedural law at the national and international levels. The submitted proposals on supplementing the Criminal Code of Ukraine with regulations on liability for injury to servicemen during hostilities will contribute to the development of legislation that will complement current international conventions on international humanitarian law.

Requirements for court rulings in the light of guarantees of the right to a fair trial

The subject of the study. The legislator does not establish a list of requirements that the rulings of the court of first instance must meet. The article analyzes the requirements for the rulings of the court of first instance in civil proceedings, in comparison with the requirements for court decisions based on domestic procedural legislation and scientific literature. The purpose of the article is to confirm that the main requirements for court rulings are legality, validity, motivation, and enforceability.The research methodology includes the formal-logical method, analysis, synthesis, logicallegal method.Main results. An analysis of domestic legislation and scientific literature led to the conclusion that, based on the requirements that court rulings must meet, the legislator has not correctly defined a list of definitions that must be substantiated, motivated and subject to appeal separately from the final judicial act. The category of protocol definitions should be rather exclusive. Such determinations must be made if it is not required to state the motives for the decision and if it does not affect the essence of the final judicial act.Conclusions. Court rulings must meet the above requirements by analogy with court decisions. The issues raised in this article have not only theoretical, but also practical meaning in relation to civil procedural law in the Russian Federation. The practical problem is that at the moment the legislator has not correctly defined the list of definitions that must be substantiated, motivated and subject to appeal separately from the final judicial act. Court rulings in civil proceedings subject to appeal must meet the requirements of legality, validity, motivation, and enforceability. Contrary to this, in practice the opposite situation often occurs. The category of protocol definitions should be rather exclusive. Such determinations must be made if it is not required to state the motives for the decision and if it does not affect the essence of the final judicial act. Otherwise, this will lead to a violation of the fundamental right to a fair trial and a restriction of a person's access to justice.

The Limits of Legal Regulation of Military Relations

The paper deals with one of the key features of the regulation of legal relations in the military environment. Those are the detailed regulation of rights, responsibilities, the execution of assigned tasks and orders. The author sees the reasons for such legal expansion in the historical tradition, i.e. fostering obedience and discipline among military personnel, guidance assistance to inexperienced commanders for them to be able to fulfill the assigned duties, as well as controllability and the intention to unify military activities in various military formations. Dysfunctional manifestations of this management style are instilling the lack of independence in decision-making, the habit of relying on superior management for all matters, the loss of initiative by subordinates, the inability to work in a team, lack of immediate response to sudden changes in the situation or non-standard situations. During military operations, these shortcomings not only reduce the effectiveness of control but are also likely to result in prevailing enemy's will, defeat, and unjustified casualties. Using particular examples of excessive regulation, the author questions the need, limits and degree of detailed legal regulation in the military environment. The paper analyzes the cases of directive control of the German Army (Auftragstaktik) and the commander's model used in respect of the subordinates with no detailed orders, with the subordinates being free to choose means and methods to achieve their goals. As measures to improve the legal regulation of the domestic military administration, the paper proposes to eliminate the legal responsibility of military commanders for deviation from detailed orders in cases they take reasonable risk and do not violate legally protected interests. The study uses the methods of formal logic, i.e. comparison, description, classification, analysis, synthesis, etc., which made it possible to characterize the essence of the legal relations under consideration and compare them with the methods of legal regulation of the relevant labor relations.

Psychological and Social-Communication Aspects of HR Management Career in Wartime, Including Stress, Motivation, Will and Efficiency of Working Conditions

The initiation of a full-scale invasion of Ukraine by the Russian Federation, coupled with the imposition of martial law, has prompted a paradigm shift in the comprehension of psychological and socio-communication dimensions inherent in the management of human resources. This underscores the significance of the present work. The primary objective of this study is to conduct a thorough examination of stress, motivation, will, and the efficacy of working conditions as integral components constituting the psychological and socio-communication facets of HR management during wartime. The article employs methodological approaches such as analysis, synthesis, scientific generalization, and the formal logical method. The business landscape in Ukraine, under the constraints of martial law, is marked by diminished production volumes, logistical and supply chain challenges, and financial constraints. In this pivotal juncture, human resources (HR) management necessitates the systematic implementation of planning, organization, motivation, control, and regulation. Presently, structural adjustments in HR management encompass elements such as flexible management, decentralization, integration, privatization, heightened innovation, organizational workflow optimization, and enhancement of the quality of working life. Furthermore, there is a noticeable escalation in individuals' interest in self-management. Motivating personnel amid a military conflict poses inherent challenges, given that warfare induces stress, anxiety, and restlessness among employees. Stress, in a general sense, constitutes the body's defensive response to threats or tension, and its adverse impacts on HR management become particularly pronounced in the context of military conflicts, where these factors synergistically manifest.

Medical professional liability insuarance

The aim of the study is to form an integrated approach to understanding the context and legal necessity of medical professional liability insurance.
 The methodological basis of the study is a set of scientific techniques and methods of scientific knowledge, including dialectical, historical-legal, logical-legal, system-structural, method of forecasting and comparative jurisprudence. Dialectical method has provided opportunities to analyze scientific positions regarding the content and development of medical professional liability insurance. Historical-legal method helps to study the genesis of the development of insurance in specific historical and legal situations, the development of theoretical scientific thought and legislation. The method of comparative law is used to study the legislative and regulatory acts of Ukraine and other countries in the world as well as to clarify the advantages and disadvantages of the mechanism of legal regulation the insurance of medical professional liability in various countries in the world. Systemic and structural methods have helped to clarify the content of the contracts connected with this kind of insurance. Formal-logical method has allowed analyzing the provisions of the legislation of Ukraine in the sphere of this type of insurance.
 Results. This study contains a comprehensive scientific analysis of modern problems of medical professional liability insurance. The elements of the medical professional liability insurance contract are defined, namely: subject matter, insured, beneficiary, insurance risk, insurance event, conditionals of insurance compensation payment. It is stipulated that medical professional liability insurance contract shall have separate grounds for refusal to pay insurance compensation, inherent only to this type of insurance. It is shown that this type of insurance helps to manage the risks in medical practice activities. The concept of this type of insurance has been researched. The conditions to terminate the medical professional liability insurance have been identified.
 Conclusions. Having considered the issues of medical professional liability insurance and examined the conditions of the medical professional liability insurance contract, it has been made a conclusion that it is necessary to introduce this type of insurance as mandatory for healthcare institutions and private practitioners. It has been proposed to introduce compulsory medical professional liability insurance by approving necessary alterations the valid legislation.

Valuable aspects of digital boons as objects of civil rights of a person

This paper reflects the results of studying the legal nature of digital things and virtual assets as objects of civil rights/ legal relations through the prism of their value component. The aim of the study is to determine the factors (specifically, properties together with characteristics of digital things) that impact the value of these phenomena, thus, enabling their probability to be objects of civil rights/legal relations.
 The methodological basis of scientific research constitutes the dialectical method of cognition, the application of which made it possible to analyze modern and historical approaches to defining institutions of a digital thing as well as a virtual asset, their legal nature and features. The formal-logical method has been used in order to analyze the norms of legislation that form the legal basis for comprehensive regulation of relevant relations. The method of analysis and synthesis has been applied while studying the practical manifestation of relations to ensure the turnover of digital things along with virtual assets. The comparative-legal method has been used for a comparative analysis of the legal regulation of institutions of digital things together with virtual assets in the latest legislation of the European Union and Ukraine. The logical-legal method has been applied so as to formulate the main conclusions in accordance with the aim of the specified study.
 The result of the study has been the determination of relevant properties of digital assets as well as virtual ones, which define the value component of the above objects. It has been concluded that neither value nor functionality significantly affect the value of the mentioned phenomena. Specific features along with properties inherent only to these objects come to the fore, to illustrate, adaptability, security of transactions, decentralization, pseudonymity, in addition to availability. Regardless of the fact that the specified properties are basic for comprehanding the nature of digital things and virtual assets, they are subject to significant external influence. In particular, the importance of decentralization together with pseudonymity is levelled due to the rapid and powerful development of legal regulation, aimed at a fairly high level of restrictions as well as regulations. At the same time, the prevalence of the turnover of the above mentioned objects is unlikely to slow down due to exceptional advantages, ensuring a significantly more prompt and accessible satisfaction of market participants’ relevant needs.

Concepts, signs and classification of measures to ensure criminal proceedings

The paper analyzes modern scientific approaches to the definition of the concept, features of measures to ensure criminal proceedings and their classification. The relationship between this concept and the concept of procedural coercion is highlighted. It is emphasized that the signs of measures to ensure criminal proceedings should be divided into general and specific. General (generic) are those that are common to all types of procedural actions, i.e. inherent in other types of procedural actions. Specific or specific - those that are inherent exclusively to the means of ensuring criminal proceedings and allow to feed them from the range of procedural actions of other types. Methodology. During the research, a spectrum of both general scientific and special methods of cognition was applied, in particular, methods of dialectical and formal logic: analysis, synthesis, deduction, induction, comparative, and systemic-structural methods. Results. Emphasis is placed on the existing high degree of scientific development of the concept of measures to ensure criminal proceedings, which can become the foundation for further research of this institute of criminal proceedings, in particular, and in the direction of the peculiarities of their application in criminal proceedings regarding certain types of criminal offenses.

Theoretical foundations of hot spots policing and crime mapping features

The study is devoted to one of the ways to solve the problem of reducing the crime rate in the region due to the concentration of police forces and means in correctly defined places of criminal activity. The purpose of the study is to determine the content of the concept of police activity in places where criminal activity is concentrated in “hot spots” and examine the features of crime mapping. The key methods used are system and structural analysis, dogmatic analysis, synthesis method, modelling method, and structural-functional and formal-logical methods. It is determined that the problems of criminal activity, for the most part, are concentrated in a small number of places of an administrative- territorial unit, which continue to be dangerous for a long time in the absence of police intervention. It is proved that different types of “hot spots” require the development of individual police countermeasures, and the analysis of “hot spots” should be based on a logical and systematic approach and depends on understanding the theory of the origin of different types of analysed criminal offences and choosing the way to display the results. A reservation is made that arbitrary analysis by an analyst, or the use of only software algorithms is excluded because they can lead to a subjective perception of a “hot spot”, which may not turn out to be an accumulation of criminal activity. It is proved that the analysis of “hot spots” , in addition to simply identifying places with high crime rates, is crucial for solving problems in these places and choosing the most effective police response measures. The practical value of the proposed study is to generalise and adapt international developments to improve the theoretical and practical foundations for improving the efficiency of criminal analysis units of the National Police of Ukraine in the field of visualisation of information about criminal activity, introducing international experience in crime mapping into the practical activities of criminal analysis units of the National Police of Ukraine