Guaranteed Level Research Articles

The right to secrecy of telephone conversations in the information society (private law aspects)

The article examines the issues of civil law protection of the secrecy of telephone conversations. It was found that at the level of civil law, as well as legislation governing relations in the field of electronic communications, the right to secrecy of telephone conversations is insufficiently protected. In the provisions of the Civil Code of Ukraine, the right to secrecy of telephone conversations is erroneously considered as an integral part of the right to secrecy of correspondence and is not mentioned as an independent civil right. The norms of special legislation do not directly enshrine the right to secrecy of telephone conversations; in some cases, the protection of this right is brought to the secondary level, which reduces the level of guarantees of this right. An important deviation of the legislator from the idea of constitutional and legal protection of the right to secrecy of telephone conversations is revealed. Which is manifested in the fact that in special legislation (both at the level of laws and at the level of bylaws) this constitutional right is not related to secrecy and is protected by the protection of confidential information about the subscriber and the services he received or ordered. It is proved that the current civil legislation needs to be improved with the direct consolidation of the right to secrecy of telephone conversations as an independent civil right and appropriate means of its protection. It is proposed to define the content of a person's subjective civil right to secrecy of telephone conversations as a set of powers: the right to keep the content of telephone conversations secret: the right to maintain secrecy regarding other information about the subscriber and his telephone conversations; the right to demand that the necessary measures be taken to ensure the secrecy of telephone conversations; the right to claim the passive conduct of third parties for not violating the secrecy of telephone conversations; the right to protection of the violated secrecy of telephone conversations.

Combination of legislative and contractual regulation in social and labor relations

This article discusses some issues of combining state (legislative) and contractual regulation in social and labor relations. Attention is drawn to the gradual narrowing of the sphere of centralized regulation of social and labor relations, in the implementation of the norms of which there is an increasingly clear trend of the need to provide only a minimum level of labor and legal guarantees for employees. At the same time, in this regard, the role and importance of contractual regulation of relations in the field of labor law is increasing, with the increasing importance of concluding collective agreements and agreements within the framework of social partnership.

Quality Assurance for the Appearance of Paint Coatings

The article provides information on the application of statistical methods of product quality management to the analysis of the process of obtaining paint and varnish coatings with desired properties. A correlation has been established between the standard deviations of the roughness indicators of the coating surface and the surface to be painted. The relationship between the standard deviations for the surface roughness of the coatings and the surface to be painted is given. The results of calculating the values of the root-mean-square deviation of the roughness of the coatings and the class of roughness of the substrate surface, providing with a probability of 0.95 a given class of roughness of the coating surface. The calculation results make it possible to choose a more optimal staining mode in order to obtain a smaller spread in the roughness index of the formed coating. This provides a guaranteed level of quality for the painted surface.

Contractual mechanism for ensuring the social function of the state in the field of healthcare

Legislative novelties are considered in the contractual mechanism, which ensures the provision of paid medical services in budgetary medical institutions, as an additional source of funds, subject to a guaranteed level of medical care. A comparative analysis of the legal support for the provision of medical services by budgetary medical institutions, including the ratio of norms regulating the protection of citizens’ health, the provisions of the law on consumer protection, as well as the norms of civil legislation regulating the provision of paid services. The directions are considered before clarifying the contractual regulation of the provision of paid medical services in institutions directly performing the social function of the state in the field of healthcare.

A Fuzzy Qualitative Simulation Study of College Student’s Mental Health Status

The fuzzy qualitative approach used in this paper provides an in-depth study and analysis of the simulation of the mental health state of college students, which is continued from another perspective using structural equation modeling, in which sufficient conditions for the equation to satisfy local asymptotic stability, instability, and global attraction at the zero equilibrium point and sufficient conditions for the existence and instability of nonzero equilibrium points are discussed, respectively. In addition, the paper proves the boundedness of the solutions of the equation by mathematical induction and obtains sufficient conditions to ensure that the solutions are bounded. The intrinsic causes of college students’ psychological problems lie in the lack of social support in the family and outside the family and the influence of the overall social environment on college students. Finally, this paper puts forward some suggestions and countermeasures based on this research finding from three levels: family, school, and society, giving full play to the role of family support; schools should expand the main body of support, enrich the form of support, and provide comprehensive and multifaceted social support for college students. Finally, the simulation of the equation is carried out to verify the correctness of its conclusion. The rate of mental subhealth is 1.605 times that of college students admitted to ideal universities, which is consistent with our actual situation. At the level of condition guarantee, the hardware facilities, management system, and professional team of mental health education for college students are evaluated; from the specific content, the teaching work, educational activities, psychological counseling, and crisis intervention of mental health education for college students are evaluated; from the perspective of effect, the degree of goal achievement, social adaptation, and result satisfaction of the effect of mental health education for college students are evaluated. The final part analyzes and elaborates on the construction of evaluation indexes of mental health education for college students, the design of weight of guiding indexes, and the content and optimization path of the evaluation test. The results of the study show that personal ability and external pressure are important factors influencing college students’ mental health, and the influence of external pressure is greater. Logistic regression and structural equation modeling methods complement each other, and the findings of structural equation modeling are more comprehensive and integrated, while logistic regression illustrates the degree of each influencing factor.

Research on the Relationship Between Service Guarantee Perception and Customer Value in the Chinese Context.

As an excellent management tool, service guarantee can improve the competitive advantage of enterprises and allow consumers to obtain high-quality products and services. However, in the current Chinese context, this tool has not played its proper function. One important reason is the perception deviation of Chinese consumers. This research analyzes the main reasons for this deviation, puts forward related hypotheses and research models, and discusses the influence of disposition to trust of contract, perceived structural assurance (PSA), and subjective norm on service guarantee perception (SGP). Also, this study discusses SGP of customers through perceived risk and quality. Through the verification of 574 sample data, the main conclusions are as follows: (1) Disposition to trust of contract, subjective norms, and PSA significantly affect SGP positively; (2) SGP positively affects customer value (CUV); and (3) SGP s are obviously different between people of different ages, education levels, and income levels. Hopefully, these conclusions can have the following enlightenment to enterprises serving Chinese consumers: (1) in the designing stage of service guarantee, perception of customers of this guarantee should be a consideration; (2) CUV can be a proper direction if an enterprise wish to lead the guarantee perception of the customer; (3) Not all products need the same level of service guarantee; and (4)The proper service guarantee level depends on various statistical characteristics of target customers of the service.

Security mechanisms in the cloud environment based on international standards

A standardized functional approach to the conformity assessment procedure has been improved, based on the specifics of the functioning of cloud technologies. A review of the existing frameworks, which are used for the evaluation and certification of the Cloud Service Provider (further to the СSP), in terms of compliance with the requirements of generally recognized security standards, was carried out. The proposed levels of guarantees provide for the development of special requirements for ensuring the security of information systems of cloud service providers in accordance with the classification of criticality of systems and data of potential consumers of cloud services. Guided by regulatory acts, norms of international standards and already considered national schemes for evaluating the cyber security of cloud products, services and services, a generalized list of requirements for the security of cloud service providers has been formulated, which covers all the necessary conditions and corresponds to the proposed levels of guarantees. An assessment of compliance with security standards was carried out, which is the starting point for determining information security policy and combating threats inherent in cloud services. The division into three levels of security guarantees, which should be met by the СSP when evaluating compliance, is proposed depending on the business needs of users and the criticality of the data processed and stored by the cloud information system. A generalized scheme of security requirements for СSP has been developed, built on the basis of well-known frameworks, which takes into account a multi-level approach to security guarantees, distributed responsibility for compliance with the listed requirements depending on the functioning model and determines the components of the cloud architecture that are sensitive to certain conditions. This article combines all the best standards of the United States and the European Union and the best security practices for using a cloud environment that is considered the most dangerous from the point of view of information security, but convenient to use.

Social security: new dimensions in the modern global environment

The world is constantly changing, but the desire of a man and country for security remains unchanged, which certainly includes economic and social components. In emergencies, the challenges of social security become even more urgent, because the leveling of risks will contribute to the development and quality of human existence, the country, and if it is impossible to overcome the negative consequences in this area will delay the future. Therefore, the aim of the investigation is to analyze the socio-economic determinants that determine social security in today's global environment. Based on the author's methodology for assessing the level of social security, markers and indicators of social security are analyzed by groups: labor market, material well-being, quality of social and labor relations, identified environmental component as part of human security. The results of the investigation show the increase in risks in the labor market due to reduced employment opportunities, as evidenced by statistics on unemployment and the workload per vacancy. The instability of the labor market ecosystem, which has emerged from the covid-19 epidemic and is now exacerbated by hostilities, demonstrates the widening of labor market imbalances. As a result, the risks of social security in the group of material well-being increase. In particular, there is a growing trend of poor people, increasing opportunities for people to develop and maintain good health. Unfortunately, there are simultaneous processes of increasing pressure on the state to ensure sufficient level of social guarantees. Conditionally stable are the indicators of social security in the group of quality of social and labor relations, where there is satisfactory level of trust in social dialogue, adapted and selected the most effective methods of communication and introduced mixed regulations for work in enterprises. The assessment of the environmental component of human social security demonstrate the lack of efforts to ensure the livelihood of the population. Thus, in general, the new dimension of social security in the global environment involves the socio-economic aspects of human life, which are certainly related to the development of human capital and compared with the goals (their achievement) to preserve labor potential.

БЕДНОСТЬ НАСЕЛЕНИЯ - ПРОБЛЕМА ТРАНСФОРМАЦИОННОЙ ЭКОНОМИКИ РОССИИ

Solving the issues of poverty and insecurity of the population today is very important and occupies the main attention, both in Russia as a whole and in the regions of the country. The population with cash incomes below the subsistence minimum for the current year is about twenty million people, or 12.6% of the total population. The President of the Russian Federation has set the task of halving the poverty rate by 2024, that is, to 6.6%. In its macroeconomic development forecast, the Russian government raises these questions and plans a budget with appropriate measures. The task is not simple, not easy, and in this regard, a deep analysis of the situation and the development of effective measures that should solve this problem are of the utmost importance. The article gives and studies the concept of poverty, identifies the causes and factors of Russian poverty; analyzed the degree of differentiation of incomes of the population of the Russian Federation; the level of poverty in Russia was determined; studied the main trends in the development of poverty in Russia. Today, in Russia, a significant part of the population lives below the poverty line and does not even receive a living wage. At the same time, there is a strong inequality in the incomes of the population, which is increasing every year and is one of the factors of Russian poverty. The unfair system of taxation of incomes of the population does not fulfill its main function - redistribution. In addition, the country's low level of social guarantees also contributes to the growth of the poor.

Efficiency of the use of land resources of agricultur.al enterprises in Ukraine

The world is constantly changing, but the desire of a man and country for security remains unchanged, which certainly includes economic and social components. In emergencies, the challenges of social security become even more urgent, because the leveling of risks will contribute to the development and quality of human existence, the country, and if it is impossible to overcome the negative consequences in this area will delay the future. Therefore, the aim of the investigation is to analyze the socio-economic determinants that determine social security in today's global environment. Based on the author's methodology for assessing the level of social security, markers and indicators of social security are analyzed by groups: labor market, material well-being, quality of social and labor relations, identified environmental component as part of human security. The results of the investigation show the increase in risks in the labor market due to reduced employment opportunities, as evidenced by statistics on unemployment and the workload per vacancy. The instability of the labor market ecosystem, which has emerged from the covid-19 epidemic and is now exacerbated by hostilities, demonstrates the widening of labor market imbalances. As a result, the risks of social security in the group of material well-being increase. In particular, there is a growing trend of poor people, increasing opportunities for people to develop and maintain good health. Unfortunately, there are simultaneous processes of increasing pressure on the state to ensure sufficient level of social guarantees. Conditionally stable are the indicators of social security in the group of quality of social and labor relations, where there is satisfactory level of trust in social dialogue, adapted and selected the most effective methods of communication and introduced mixed regulations for work in enterprises. The assessment of the environmental component of human social security demonstrate the lack of efforts to ensure the livelihood of the population. Thus, in general, the new dimension of social security in the global environment involves the socio-economic aspects of human life, which are certainly related to the development of human capital and compared with the goals (their achievement) to preserve labor potential.

ОКРЕМІ АСПЕКТИ БОРГОВОЇ ПОЛІТИКИ УКРАЇНИ: ДОВОЄННИЙ ТА ВОЄННИЙ ПЕРІОД

To ensure sustainable economic development, the Government of the country continuously accumulates and allocates financial resources. With each subsequent budget period, the needs of the state grow, this is due to the need to maintain an appropriate level of social guarantees and social security, create prerequisites for economic activity, and increase the role of foreign economic activity in the financial activity of the country.In the case of an ineffective financial policy, needs arise that the state cannot provide at the expense of the gross domestic product (national income) due to insufficient amounts of funding sources. Among the well-known sources of additional financing of state functions, there is an increase in the share of taxes and state credit. An increase in the share of taxes can lead to an excessive tax burden, an increase in the level of shadowing of the economy, and dissatisfaction among the population. This necessitates the use of debt instruments both in the national space and outside its borders. In the article, the author examines the peculiarities of the debt policy of Ukraine in peacetime and during the state of war, singles out the characteristic features of the formation of debt resources and the directions of their use. In addition, in the process of analysis, the author singles out the advantages and disadvantages of using debt resources in peacetime and in the period of military operations. In the course of the study, such methods of scientific knowledge as analysis, comparison, graphic methods of displaying statistical information were used. In the process of analysis, the author examines the military bonds of the state loan, the peculiarities of their implementation and potential buyers. The conclusion provides suggestions for improving the process of implementing debt instruments, highlights the advantages and disadvantages of the modern way of financing debt assets. Special emphasis is placed on the inadmissibility of using state financing of own debt resources, which may lead to irreversible economic processes in the future.

NASCENT: A Non-Invasive Solution for Detecting Utilization of Servers in Bare-Metal Cloud

Physical servers are available as-a-service in bare-metal public and private cloud platforms, and their demand has been proliferating because of the high levels of privacy and security guarantees they provide to the tenants. This raises the need for efficient management of bare-metal clouds to keep operational costs low such as by reducing energy consumption. For efficiently managing the cloud infrastructure, bare-metal cloud operators need to monitor the utilization of servers. However, the privacy and security concerns prohibit the installation of third-party monitoring agents on the servers; thus, finding the server-utilization becomes a challenge. In this work, we present NASCENT, a scalable machine-learning (ML) based non-invasive solution for finding the utilization of servers without compromising the privacy and security of bare-metal cloud tenants. Our key idea is to infer utilization from various sensor readings accessible via a server’s baseboard management controller (BMC) hardware. We evaluate the proposed solution with three regression based supervised ML algorithms in a Bare-metal-as-a-service (BMaaS) cloud. Our experimental evaluation shows that one of the ML algorithms employed in NASCENT infers the utilization with a root-mean-square error (RMSE) between 2.9 to 9.3 for different workloads. Also, the proposed solution uses minimal memory resources (19 KB) and can even run on BMC hardware which has very limited memory. We also propose a BMaaS cloud architecture that seamlessly integrates automated training and deployment of the ML algorithm in our solution into the life-cycle of bare-metal servers. NASCENT’s codebase can be found at <uri xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">https://github.com/iithcandle/dhi-ojas</uri>

Implementation and protection of human rights on the Internet: Problems of ratio and balance

The Constitution of the Russian Federation enshrines one of the important postulates on the formation of the rule of law and civil society: a person and his rights and freedoms are of the highest value. In the modern period of development of information technologies, mankind entered into active communication relations through the global information and telecommunication network Internet, which in turn sharply raised the issue of the need to ensure effective protection of human and civil rights and freedoms in the process of interaction through the Internet, while maintaining a high level of guarantees for the realization of such rights and freedoms, as required by the fundamental international legal acts. The Russian Federation also did not stand aside from the above processes and was forced to take measures to protect the rights and freedoms of its citizens on the Internet, which, however, often boiled down to the introduction of new prohibitions and restrictions on such rights and freedoms. The authors of this article have made an attempt, taking into account the practice of the European Court of Human Rights and the Constitutional Court of the Russian Federation, to indicate the main directions for improving domestic federal legislation, in order to reflect in it the principle of the need to find a balance between the free implementation and protection of human and civil rights and freedoms in information and telecommunication network Internet. So that the actual problems of the realization of human rights and freedoms, due to the peculiarities of their implementation on the Internet, necessarily require the development of the most effective mechanisms for their protection in the new conditions of implementation, and not a complete rejection of the implementation of such rights and freedoms under the pretext of protecting them.

ОПЛАТА ТРУДА РАБОТНИКОВ УГОЛЬНОЙ ПРОМЫШЛЕННОСТИ: РЕЗУЛЬТАТ СОЦИАЛЬНОГО ДИАЛОГА

The subject of the study is the wages of coal industry workers. The purpose of this article is to review the current state of remuneration of employees of coal mining companies since the coal industry is one of the key sectors of the Russian economy. In particular, the article considers the implementation of certain provisions established in the Federal Sectoral Agreement on the Coal Industry for 2019-2021 (extended and valid until 2024). The relevance of the study is due to the fact that one of the main subjects of collective bargaining and the most important indicator of labor is wages – a key and constantly improving tool for stimulating employees. The improvement of the remuneration system is a "living" process that should contribute to the creation of a remuneration system that encourages employees to high work results and ensures a decent standard of living for employees and the principle of equal pay for work of equal value (Article 22 of the Labor Code of the Russian Federation), in order to implement state guarantees for remuneration and attract qualified specialists in organizations. The research methods to achieve the set goals and objectives are structural analysis, systematic and comparative approaches, methods of statistical information processing. In the course of the research, the authors obtained the following results: the main financial, economic, and socio-economic indicators characterizing the industry were determined; the main trends in the remuneration of workers inherent in the industry were identified; options for setting the tariff rate of the first category in the Federal Industry Agreement were proposed. The authors draw conclusions about the need to develop more detailed industry agreements, as they contribute to an increase in the level of guarantees for employees, including in the field of remuneration.

ГЕНЕЗИС СТАНОВЛЕННЯ ТА РОЗВИТКУ ПРАВ ЛЮДИНИ У СФЕРІ НАЦІОНАЛЬНОЇ БЕЗПЕКИ

The article is devoted to the study of the genesis of the formation and development of the human rights in the field of national security and to clarify the future legal model of national security in the term of human rights. The purpose of the article is to elucidate historical background and genesis of human rights in the field of national security. The research methodology is based on the general scientific dialectical method of scientific cognition. In addition, for the more comprehensive research of the genesis of human rights in the field of national security special scientific methods were used, in particular, historicallegal, formal-legalistic, formal-logical, contextual method of prediction. In article argues that the degree of protection of human and civil rights and freedoms from their violation is determined by the level of guarantee of each of these rights and freedoms. In accordance with principle of guarantee of the human rights and civil rights and freedoms, their strengthening is carried out both directly in the Constitution of Ukraine and in the current legislation. Position according to which state can choose to select a course that ensure national security in order to create a favorable condition for social development and provide the protection of the vital interest of the individuals, society and the state itself from internal or external threat can be called a policy of a national security. It is emphasized that the current stage of the development of the human rights in the national security began with adopting of the Association Agreement between Ukraine, on the one hand, and European union, the European Atomic Energy Community and their Member States, on the other. It is stated that among the fundamental human rights in the context of ensuring the right of national security to its subjectivity is a right to security, which has a feature of absolute right and at the same time is a subjective right in a specific legal relation in the field of national security. The right to security in the concept of human subjectivity has axiomatic significance as the initial formula of human-centered legal reality. It is concluded, that legal norms that constitute the core of the institution of national security law should be the norms of human rights in the field of national security, and the principle of ethnocentrism should be the basis of the national security law. In Ukraine the process of reforming human rights legislation in the aspect of national security is ongoing and needs further improvement. In particular, in terms of development and adoption of the Cyber Security Strategy of Ukraine, a longterm planning document, which determines the priorities of national interests of Ukraine in the field of cybersecurity.

H&amp;lt;sub&amp;gt;&amp;amp;infin;&amp;lt;/sub&amp;gt; Robust Control System of a High-Purity Distillation Column

This paper presents the design of a robust control system for a high-purity distillation column. It is concerned with the design of a two degree-of-freedom (2DOF) product-composition controller for a high-purity distillation column. The H∞ optimization problem is set up to ensure a guaranteed level of robust stability, robust disturbance attenuation and robust reference tracking performance.

Calculation of emergency permissible active power flows in a controlled cross-section

The article considers the hardware and software complex "Stability Reserve Monitoring System", designed to calculate the maximum permissible active power flow in a controlled cross-section in real time and allowing to take into account changes in the circuit-mode situation and emergency disturbances to calculate additional opportunities for using network bandwidth with a guaranteed level of reliability of the power system. The implementation of this software package allows reaching a fundamentally new level of utilization of available power plant capacities and capacity flows between control domains.

Análise jurisprudencial da economia social de mercado na Colômbia

Objective: the most relevant decisions of the Constitutional Court of Colombia regarding the social market economy are analyzed, in order to establish the level of development and guarantee of this model of economy by the aforementioned Judicial Court. Method and/or methodology: The text is supported by the documentary method and is organized as follows: itinitially addresses some conceptual considerations, and then develops the analysis of the social market economy based on the jurisprudence of the Constitutional Court on the matter, and closes with the respective conclusions.

Досвід Грузії у сфері ДРАЦС та можливості його використання в Україні

Розглянуто досвід Грузії у розбудові механізму надання адміністративних послуг у сфері реєстрації актів цивільного стану. Доведено перспективи адаптування досвіду Грузії для України. Визначено необхідність введення у вжиток критеріїв якості послуг, що надаються владою громадянам в органах ДРАЦС.

Determination of government guarantee and revenue cap in public–private partnership contracts

PurposeConsidering there is a lack of research in determining the optimal levels of government guarantee and revenue cap, the objective of this research is to determine their optimal levels to achieve a reasonable financial risk allocation between governments and private investors while avoiding overly lucrative conditions for private investors.Design/methodology/approachExpanded net present value (NPV) analysis and bargaining game theory are employed to construct the core of the determination process. The risk gap between governments and private investors is assessed via an expanded NPV analysis to see if the financial risk has been shared reasonably, based on which the range of the government guarantee is decided. A bargaining model is then created to help locate the optimal level of the government guarantee. Finally, a revenue cap, often combined with the government guarantee in public–private partnership (PPP) agreements, will be determined if overly lucrative conditions for private investors are observed or governments suffer a risk spillover.FindingsReferring to a real PPP project in Australia, Project BA is created to validate the applicability of the proposed determination process. The outcome shows that the proposed determination process in this paper is capable of determining the optimal levels of government guarantee and revenue cap. The government preferences towards risk allocation will influence the values of the optimal levels. Governments may also consider to alleviate the control over investors' net profits to mobilise private investors into PPP projects.Research limitations/implicationsThere is a potential possibility that the revenue cap fails to control the financial risk for governments or the overly lucrative condition for private investors. In other words, even though the revenue cap is set at the minimal level, the financial risk for governments still beyond their tolerance range or the overly lucrative condition for private investors still occurs. Future research may focus on other financial protective schemes which help to better control the financial risks for governments and profits for private investors.Originality/valueGovernment guarantees are frequently used as an investment incentive to reduce the probabilities of suffering loss for private investors. Nevertheless, the financial risks for governments may increase after providing guarantees and, as a result, revenue cap is required by governments to avoid placing themselves in an unprotected situation. By recognising the importance of the two contractual parameters, many scholars dig into their option values. However, there are very rare research works focussing on the method of determining the specific levels of government guarantee and revenue cap. To overcome the limitations of existing models and enrich the methodology for government guarantee and revenue cap determination, this paper contributes to the body of knowledge by developing a government guarantee and revenue cap determination process which contributes to a reasonable allocation of financial risks between governments and private investors.