Formal-logical Methods Research Articles

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

Practical recommendations for improving the effectiveness of operational investigative activities aimed at detecting corruption-related crimes in the implementation of national projects

The fight against criminal encroachments related to the embezzlement of budget funds allocated to finance national projects is currently one of the priorities of the operational and official activities of the internal affairs bodies. In this connection, the object of the study is the state of crime in the field of implementation of national projects, which is studied through the prism of a territorial feature, an object of criminal law protection and a subject of crime detection. The subject of the study is the identification of problematic issues and the development of new approaches to improving the effectiveness of operational investigative activities aimed at detecting crimes in the implementation of national projects. The analysis of published scientific papers allowed us to conclude that insufficient attention is paid to the problem of organizing an operational search, while it is at the stage of initiating an operational check that employees experience difficulties. To achieve their goals and objectives, the authors used methods of formal logic, such as induction, deduction, analysis, synthesis, comparison, statistical methods, concrete historical and formal legal methods. The authors of the article calculated the criminological burden of crimes related to the implementation of national projects in the context of federal districts and concluded about the territorial heterogeneity of this type of crime. A group of corruption-related crimes in the implementation of national projects was singled out separately, the structure of crimes in this group indicates problems in detecting crimes under Articles 285, 286 and 292 of the Criminal Code of the Russian Federation, their share in the total number of corruption-related crimes is less than 6%. The scientific novelty of the research lies in the development of a universal algorithm for the implementation of an operational search to identify crimes provided for in Articles 285, 286 and 292 of the Criminal Code of the Russian Federation, which are committed during construction and installation works. The universal nature of the algorithm lies in the absence of reference to the specifics of a specific national project. The proposed algorithm is adapted to different stages of the development of federal budget funds: the stage of competitive procedures and the stage of execution of the municipal contract.

Practice-based methods of bringing to legal liability for anonymous defamation on the Internet and in the media

As of 2024, the need to coordinate generally accepted standards on legal liability for anonymous defamation in the virtual space of the Internet and the media is becoming more relevant in the context of rapid technological development and digital transformation. Therefore, the study aims to identify the most common and effective approaches to bringing liability for the dissemination of false information in the virtual space of the Internet and the media. A variety of scientific and legal methods were used to achieve this goal, in particular comparison, forecasting, generalisation, system analysis, formal legal, formal logical and other methods. The author analyses the controversial aspects related to the protection of individual dignity, honour and commercial reputation of individuals in the context of the Internet, covering the basis for the emergence of legal relations in this area and the practical challenges faced by individuals seeking to protect their rights to dignity and commercial reputation violated by the dissemination of information on the Internet which is considered to be biased or inaccurate. The study shows that most national courts today reject claims aimed at protecting privacy on the Internet and do not recognise the information disseminated through this channel as unreliable, without requiring its refutation. Recommendations that can be implemented in practice to bring individuals to legal liability for false information disseminated anonymously on the Internet and in the media are developed and justified in this study. The author suggests practical ways that can be used to exert legal influence on persons who commit anonymous defamation on the Internet and the media

Analysis of the Main Achievements of the Negotiation Process for the Accession of the European Union to the European Convention on Human Rights of 1950 (2019-2023)

Introduction. The article examines the main stages and achievements in the work of the ad hoc group (46+1) based on the results of the past 14 rounds of the negotiation process on the accession of the European Union to the European Convention on Human Rights of 1950. The author examines the fundamental problems prevented the European Union from accessing to the European Convention on Human Rights in 2013, as well as the novellas included in the revised draft Agreement on the Accession of the European Union to the European Convention on Human Rights, such as the application of Articles 33 and 53 of the European Convention on Human Rights 1950, as well as Protocol No. 16 thereto in relation to the law of the European Union. Materials and methods. The methodological ground of the study based on the following general scientific and special methods of the recognition of legal phenomena and processes in the field of European law: the method of system-structural analysis, the method of synthesis of social phenomena, the comparative legal method, the formal logical method. For certain questions, statistical data was involved in the study. To identify further vectors for the development of interaction between judicial bodies used the content analysis.Results of the study. Based on the results of the study, the author comes to the conclusion that the main problems preventing the European Union from the accession to the European Convention on Human Rights, are the specifics of the application of Articles 33 and 53 of the European Convention on Human Rights and Protocol No. 16 thereto in relation to European Union law, as well as the reluctance of the European Union to limit the sovereignty and autonomy of European Union law in order to strengthen the European system for the protection of human rights.Discussion and conclusion. The adjustments made by the ad hoc group (46+1) in relation to the Accession Agreement are very significant and, on the one hand, even unnecessary. They fully cover the observations indicated in the Opinion of the Court of Justice of the European Union No. 2/13 and at the same time satisfy the representatives of the European Union, which gives reason to believe that the accession attempt will have a positive outcome. Of course, if the European Union joins the European Convention on Human Rights of 1950, human rights, freedoms, and their guarantees will reach a new level, since their protection will be comprehensive.

Exhaustion of rights and parallel import: legal assessment from the point of view of security

In the context of external challenges and threats, integration and digitalization of the economy, attention is growing to the issues of exhaustion of rights or parallel imports. The article considers the issues of exhaustion of exclusive rights to intellectual property objects from the point of view of ensuring security.The object of the study is the model of exhaustion of exclusive intellectual property rights in Russia, its features from the point of view of ensuring various types and levels of security. Based on the proposed periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, the author examines the formed model of exhaustion of intellectual property rights, highlights its features, identifies options for its scientific justification from the standpoint of ensuring national security in the context of internal and external threats.Methods of systemic, historical and institutional analysis, formal logical and comparative legal methods were used. The author proposes a periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, a classification of participants in legal relations directly or indirectly involved in the mechanisms of creation, use and turnover of intellectual property rights. Attention is drawn to three aspects of the mechanism of exhaustion of rights that has developed and is developing in Russia: the conceptual apparatus of the mechanism, the complexity and multilevel nature of the security provided by it and the mobile nature of the mechanism of exhaustion of rights. Conclusion are drawn that in modern Russia the established model of exhaustion of rights, combining elements of regional and international principles of exhaustion, can be considered as a way to counteract sanctions pressure, measures to protect domestic copyright holders, producers and consumers, measures to support the domestic economy, conditions for the formation and strengthening of technological sovereignty. It is proved that the established correlation of various models of exhaustion of rights in Russia reflects the dominance of aspects of national security protection, the strengthening of economic components of intellectual property rights protection.

Modern features of the strategic resources formation for managing the value of trading companies

The resource provision of the implementation of company development strategies is one of the central management problems in competitive conditions, and is especially relevant in connection with the increasing dynamism of changes in the external environment. The cost approach to management, which focuses business on assessing the sustainability and success of development in the long term, pays special attention to the volume, quality and structure of financial resources for the implementation of the development program. At the same time, it is difficult to justify universal approaches and methods for optimizing the structure of resource support for strategic development. Therefore, in the article they are considered in relation to the specifics of a particular branch of trade. The use of up-to-date statistical data in combination with an analysis of general trends and features of financial and investment activity conditions allowed us to draw reasonable conclusions about the modern features of the formation of value growth resources of trade organizations. The research methodology includes a formal logical method, comparative analysis, statistical methods of quantitative data analysis, generalization and grouping. The results obtained demonstrate that the structure of strategic resources necessary to ensure the growth of the value of trading companies in the long term is dominated by own funds. Taking into account the specifics of the fixed capital of trade and the current dynamics of the Russian financial resources market, the conclusion is made about the limited importance of borrowed funds in financing the strategic growth of the business in this industry. Time constraints, the risky nature of financing, technological priorities and insufficient attention to strategic aspects of business value management determine the structure of resource provision for investment activities in trade. The topic discussed in this article will be of interest to researchers and specialists involved in the formation of strategies for the development of companies and the justification of their resource base in the context of analyzing the increase in the value of the business being implemented, taking into account the structure and risks of attracted external financing.

FEATURES, ATTRIBUTES AND CRITERIA OF DEMOCRATIC POLITICAL REGIMES (COMPARATIVE ANALYSIS)

In the context of the continual and sustainable development of social order and civil society, the comprehension of the features, signs, and criteria of a democratic political regime is transforming and necessitates reconsideration, rendering this work pertinent. The objective of this article is to delineate the substance of the array of features and characteristics inherent to a democratic political regime, contrasting them with those of an authoritarian and totalitarian political regime. Additionally, it aims to elucidate the criterion by which distinctions between various types of political regimes can be made. The present publication employs analytical, synthetic, scientific generalization, theoretical comparison, and formal logical methods. The article explicates the contentious nature of the concept of "political regime" and presents diverse scientific approaches to its comprehension. It posits that the criterion for categorizing political regimes into democratic, authoritarian, and totalitarian forms hinges on "the peculiarities of interaction between civil society and the State, the degree of permeation of private life of citizens, and various spheres of the social reality of State power." The author provides a comparative analysis not only of democratic political regimes but also of authoritarian and totalitarian ones. The author conducts a detailed examination of the content associated with political science categories such as "features," "signs," and "criteria" of a political regime. Furthermore, the author introduces a personalized understanding of these concepts and offers insights into the interrelations among the terms under consideration. The article delineates an approach wherein the fundamental classification of political regimes is proposed to be nuanced. According to the author, political regimes ought to be categorized into democratic and non-democratic, with the latter further subcategorized into authoritarian and totalitarian. The author delineates the conventional features of a democratic political regime from the perspective of political science and expounds upon additional features which, in the author's estimation, might signify the presence of a democratic political regime in a given state. The assertion is made that a direct correlation between the form of government and the political regime in the state does not exist, and illustrative examples supporting this perspective are provided.

CURRENT ISSUES IN THE CRIMINAL LEGAL PROTECTION OF CULTURAL HERITAGE IN UKRAINE

Since the preservation of cultural heritage sites is essential, their criminal legal protection remains relevant today. This study aims to provide a comprehensive examination of the norms of Ukraine's Criminal Code that, in one way or another, relate to the protection of Ukrainian cultural heritage. The research employed the methods of analysis, synthesis, scientific generalization, and formal-logical method. The paper explores Articles 178, 193, 201, 298, 307, and 316 of the Criminal Code of Ukraine. In the context of Article 178 of the Criminal Code of Ukraine, it is stated that the subject of this criminal offense - a religious building or place of worship - is much narrower than the concept of "cultural heritage." At the same time, Articles 193 and 201 of the Criminal Code of Ukraine specify that the subject can only be a tangible object associated with intangible cultural heritage objects.Part 2 of Article 298 of the Criminal Code of Ukraine directly relates to the criminal-legal protection of cultural heritage in Ukraine. The article analyzes the sanctions of Part 2 of Article 298 of the Criminal Code of Ukraine and provides recommendations for determining punishment under this part of the article. The paper also describes violations of legislative technique in constructing the composition of the criminal offense stipulated in Part 2 of Article 298 of the Criminal Code of Ukraine and offers recommendations for their elimination.

About Ways to Commit Crimes Against Property on the Internet

Relevance of the article is due to the rapid growth in Russia of mercenary crimes committed using information and telecommunication technologies. The largest share of such crimes in the structure of criminal encroachments on property falls on fraud and extortion. The article provides an original analysis of the methods of their commission, which have become most widespread on the Global Network. It is predicted that this type of cybercrime in the future may become one of the serious problems, since criminal schemes for using network Internet resources are constantly updated, and it is not possible to establish all methods.The purpose of the study is to supplement scientific knowledge of available and new ways of committing mercenary crimes using the Internet to effectively counter them. Objectives: on the basis of judicial practice, media reports, Internet sources, to identify existing and new methods of committing mercenary crimes on the Internet. Methodology. When writing the work, methods of scientific knowledge (analysis, synthesis, induction and deduction), as well as statistical, documentary and formal-logical methods were used.The results of the study consist in describing the available and establishing new methods of committing crimes against property, affecting the qualitative and quantitative indicators of mercenary crime in general. A certain gap in criminological science on the problems of theft of someone else's property through fraudulent actions and extortion on the Internet has been filled. The results obtained can be used in the practical activities of law enforcement agencies.Conclusion. The socially dangerous consequences of committing cybercrimes against property are determined by their mass, huge number of victims, great damage and high latency. Rapid virtualization of all areas of society makes it possible to predict a consistent increase in encroachments against property on the Internet.

Peculiarities of conducting economic activity under martial law: Business and human rights

The relevance of the topic of scientific research lies in creating conditions for the necessary level of legal regulation of economic activity, which is the basis for forming national defence interests. The purpose of the research in this article is to establish the features of conducting economic activities during the special regime, namely the regime of martial law, analyse the newly created regulatory legal documents in this area, and provide proposals for improving legislation in the named field. The article utilises a system of methods including systemic analysis, deduction method, inductive method, abstraction method, and formal-logical method. During the writing of the article, an analysis of the valid Ukrainian legislation regarding the peculiarities of conducting economic activities during the martial law regime was conducted. It was established in the article that during the conduct of economic activities under special regimes, it is necessary to consider the features defined in special legislation. Therefore, the articles of the Economic Code of Ukraine and Law of Ukraine No. 389-VIII were analysed. Changes introduced by the Law of Ukraine No. 3219-IX regarding taxation regimes and reporting by economic entities after the introduction of martial law were identified and analysed. An analysis was conducted regarding the fact that Ukrainian legislation contains certain contradictory norms regarding the regulation of economic activity during martial law. These contradictions are the main factor in revealing the weakness of the state in the face of actual challenges. Among the measures aimed at protecting workers’ rights, termination of employment contracts and ensuring the civil defence of workers during the working day were identified. Ways for necessary reform of the regulatory legal framework for conducting economic activities during martial law were proposed. To ensure the rights of workers in conditions of air raid alert, it is important to develop a new regulatory legal act. It should clearly establish the right of workers not to go to their workplace during such a situation, as well as determine the employer’s responsibility for forced labour during this period. The research has practical value since this topic began to be explored only with the start of a full-scale war in Ukraine. The results of the research can be used during the study of the discipline “Commercial Law” and during the conduct of comprehensive research on the peculiarities of state regulation of economic activity after the end of martial law

Arbitration in the USA: the main trends in legal regulation

The article is devoted to the study of the current state of the legal regulation of arbitration in the USA. The author analyzes the transformation of regulatory sources – regulations, court precedents, regulations of arbitration institutions in 2019–2022. It is noted that in 2022, the chapter 4 was added to the US Federal Arbitration Act. A brief analysis of the latest precedents of the U. S. Supreme Court and the Appellate Courts of the districts in the field of arbitration is given. Objective. To form understanding of the formation and development of arbitration in the United States based on the analysis of regulations, judicial precedents, and scientific sources. Methods. Theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation. Private scientific methods were used: legal-dogmatic and method of interpretation of legal norms. Results. The conducted research showed that the decision of the US Supreme Court in 2022 in the case “ZF Automotive US Inc et al. v. Luxshare Ltd” clearly demonstrates the tendency of increasing court interference in arbitration practice. Conclusions. The main trends in the practice of US arbitration institutions over 2019–2022 include: a) accelerated arbitration; b) emergency arbitration; c) simplified (summary) proceedings; d) virtual hearings and digital tools; e) data protection and cybersecurity. These trends should be regarded as positive and recommended for implementation in the regulations of Russian arbitration institutions (arbitration courts).