Hierarchy Research Articles

Актуальные вопросы правового регулирования трудовой функции

The article considers the importance of legal regulation of labor function for the science of labor law and law enforcement today. The analysis of legislation, positions of state authorities, doctrinal provisions and current court practice proves that at the moment at different stages of labor relations in the legal regulation of labor function there are still significant gaps. The conclusion is formulated that it is necessary to specify a number of provisions of labor legislation concerning the documents fixing and changing the labor function of a particular employee, the use of contractual mechanism of changing the labor function.

О некоторых аспектах выявления и расследования преступлений, совершенных в отношении половой свободы и неприкосновенности несовершеннолетних

Introduction. The article is devoted to some problematic issues that arise in the practice of investigating crimes committed against sexual freedom and inviolability of minors (rape, sexual violence, lewd acts, sexual intercourse and other acts of sexual nature with a person under the age of sixteen). The criminalistic characteristics of crimes are given, special attention is paid to the characteristics of the offender and the victim, the methods of committing crimes, the mechanism of trace formation. Typical investigative situations that develop at the initial stage are revealed, the specifics of initiating a criminal case and organising an investigation are revealed, criminal and criminal procedure legislation is analysed. Methods. The methodological basis was the system of scientific research methods used, based on the universal dialectical method, the use of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches in the study of the personality of the offender and the victim in cases of crimes against sexual freedom and inviolability of minors and the totality of its properties and qualities as an integral object. In addition, when studying the mechanism of crime and the investigator’s search and cognitive activity, historical, formal-logical, statistical, sociological, comparativelegal, and modeling methods were used. Results. The most problematic aspects of obtaining significant criminalistic information as a result of verbal investigative actions have been identified, recommendations have been developed to overcome possible opposition from suspected defendants, as well as legal representatives of the victim; the legal positions of judicial authorities and law enforcement practice have been analysed; algorithms for the investigator’s actions in identified problematic situations have been formed. The provisions are substantiated that a minor as a subject of criminal proceedings has a number of characteristics of a demographic, socio-role and moral-psychological nature, which determine the peculiarities of perception, memorisation, analysis and reproduction of significant criminalistic information about the act committed against them. The conclusion is reasoned that special attention should be paid to the tactics of interrogation of victims, which is limited by the current criminal procedural requirements and is characterised by short-termism, one-time nature, and the list of participants. The importance of the results of this investigative action is justified by the prevalence of the results of interrogations in the evidence base for this category of crimes, because due to the postponement of the crime from the beginning of the investigation, the search for other traces, as well as the production of experimental and search investigative actions is significantly complicated.

Women's Representation in Government Bodies of the Russian Federation in the Period from 1991 to 2023

The representation of women in public authorities reflects a number of more general issues related to gender equality, the peculiarities of women's political leadership, women's participation in politics, etc. The purpose of this article was to identify gender proportions in the federal executive authorities and the Federal Assembly of the Russian Federation for the period from 1991 to 2023. The study was conducted by statistical analysis of data presented in open sources, on the websites of the Federation Council, the State Duma, the Government and other public authorities. This article reflects the dynamics of changes in the gender distribution of positions in the field of politics over the period under study. For the analysis, the highest positions of executive and other state authorities of the country were selected, as well as membership in both chambers of the Russian parliament, which made it possible to consider women's representation in positions involving direct decision-making. The study raises the problem of the underrepresentation of women in senior political and elected positions in public administration. According to the results of the study, data on women's representation in government over the past 34 years were systematized. A trend has been identified to increase the representation of women in high-level executive positions. At the same time, the number of women in the Cabinet of Ministers of our country in the entire history of the Russian Federation has not exceeded 11% or two female representatives at the same time. No more than two women at the same time had the opportunity to take the position of Deputy Prime Minister. There are positions that have been held exclusively by men for more than thirty years. The number of women in the country's parliament is also small, but the positive trend here is more pronounced. With a global average of 26.5% female representation, in Russia there are only 18.4% women among the members of both houses of parliament.

신이 아닌 부동의 제일원동자에 관한 성찰: 토마스 아퀴나스의 입장

This paper explores Thomas Aquinas's perspective on the prime mover of celestial spheres. In Latin medieval cosmology, all movements in the natural world are reduced to the rotational motion of celestial bodies. In traditional Aristotelian natural philosophy, the prime mover of celestial bodies is regarded as God-substance that thinks itself. However, Christian theologians also acknowledge the existence of immaterial angels besides both God and the material world. Ancient Christian thinkers attributed the cause of movement of celestial bodies to angels. Thomas synthesizes the positions of theological authorities, Aristotelian natural philosophy, and the universal principles of causality outlined in the Arabic “Book of Causes” to deduce the various substantial attributes of the prime mover of celestial bodies. The cause of all motions must be a self-moving principle, meaning it must possess a soul in the sense of the principle of life. However, the celestial soul exists as pure intellectual activity without sense-perception. If the soul of celestial bodies were characterized solely by its intellectual nature, it would not be distinguishable from another intellectual being, i.e. angels. They are distinguished only by the relative distance of participation in the First Cause, or in other words, by the difference in the grade of perfection of existence. Thomas acknowledges that the celestial soul is substantially similar to the lower angels confessed in Christianity but he doesn't argue for the complete exclusion of the term “soul.” Perhaps he wanted to preserve the concept of the soul as a purely philosophical concept corresponding with angels.

Poufne spotkania w środowisku oficerskim przed przewrotem majowym, czyli kilka spostrzeżeń i hipotez wokół dochodzenia wojskowej prokuratury (listopad 1925 – maj 1926)

The May Coup of 1926 was one of the most important events in the history of the Second Polish Republic. The several-day armed coup led to significant changes in the positions of the chief state authorities. This article, based mostly on previously unknown archival materials, describes the several-month period preceding the so-called May events. This is possible thanks to the investigation conducted by the military prosecutor’s office in Warsaw into Col. Bolesław Wieniawa- -Długoszowski and Lt. Col. Roman Abraham, who discussed various issues in confidential conversations with other officers, including the takeover of power in the state.

РАЗВИТИЕ КОНКУРЕНТНОЙ СРЕДЫ В СИСТЕМЕ ГОСУДАРСТВЕННОГО РЕГУЛИРОВАНИЯ ЭКОНОМИКИ РОССИИ – ИСТОРИЧЕСКИЕ И СОВРЕМЕННЫЕ ПРИМЕРЫ

Target. The purpose of the research is to analyze aspects of state regulation of the economy of small and medium-sized businesses in Russia for the period 1990–20220. during transformation in order to improve socio-economic relations with changes in the landscape of the Russian economy. Tasks. The objectives of the study are to consider various forms of small and medium-sized businesses in Russia, emerging and transforming in the 1990s–2000s, as well as state policy for regulating relevant socio-economic relations. Modern economic innovations in the form of the institution of self-employment as a new phenomenon of socio-economic life are considered. Various aspects of changing the competitive environment of small and medium-sized businesses in Russia are considered, taking into account self-employment, as well as measures of state regulation of the economy that are currently being discussed and implemented. Methodology. The historical aspect of the institutionalization and transformation of forms of entrepreneurship in Russia during the transition period of market reforms of the 1990s and early 2000s is considered. An analysis of the dynamics of development of small and medium-sized businesses in the Russian Federation for the period 2018–2022 is used. A combination of small and medium-sized businesses in the Russian Federation into a single classification was used to model their possible interaction. The current discussion positions of federal authorities are presented using content analysis of public speeches of their representatives. Results. The activities of the state for the period under review, 1990–2020, demonstrate the generally successful systematic work of state regulation in a wide range of socio-economic relationships for the formation of new forms of entrepreneurial activity. As a modern economic phenomenon, the institution of self-employment has become an essential part of modern social relations, playing an increasingly significant role in changing the structure and competitiveness of small and medium-sized businesses in Russia. Increased competition in the form of the emergence of the self-employed as a new category of economic business entities in Russia is a positive phenomenon for the economy as a whole. Conclusions. To ensure sustainable development and increase competitiveness, the state needs to develop effective measures to control and support entrepreneurs, including the self-employed, within the framework of their ecosystem interaction. Ways are proposed to level out the possible negative effects of self-employment for the development of competition within the scope of responsibility and competence of the Federal Antimonopoly Service.

ON THE ISSUE OF PAYMENTS IN FAVOR OF INDIVIDUALS WITHIN THE FRAMEWORK OF LABOR RELATIONS AS OBJECTS OF TAXATION WITH INSURANCE CONTRIBUTIONS FOR COMPULSORY SOCIAL INSURANCE: CURRENT ISSUES OF LEGAL REGULATION AND ENFORCEMENT

The article, based on an analysis of the legislation on taxes and fees and law enforcement practice, examines the grounds and conditions for including (attributing) amounts of money paid to employees as individuals to the object of taxation by the insurance premium tariff for certain types of compulsory social insurance. Attention is focused on the problematic aspects of qualifying a number of payments, the mention of which is not contained in Article 422 of the Tax Code of the Russian Federation. The author substantiates the feasibility of improving the current legislation and overcoming the various legal positions of policyholders-employers, tax authorities, insurers and arbitration courts regarding the object of taxation of insurance premiums on payments made in favor of an employee as an insured person.

Regarding the maximum age for holding the position of a judge

The article is devoted to the study of the problem of establishing age restrictions for persons holding judicial positions and their impact on the quality of justice in Ukraine.
 It is shown that in modern conditions of martial law in Ukraine, there is an acute shortage of judges, which negatively affects the state of judicial administration. One of the factors leading to this is the automatic termination of judicial powers by persons who have reached the maximum age of holding the office of a judge established by law.
 It has been proven that the age of a judge, more than 65 years old, under the condition of proper mental and physical health, is rather an advantage, rather than a disadvantage compared to judges of a young age, given the acquired experience and high professionalism.
 A comparative analysis of the norms of the current legislation regarding age restrictions for the positions of judges and other authorities was carried out. Based on the study of the experience of foreign countries, a tendency towards a high age limit for the position of judge in order to terminate their powers was revealed.
 It was established that the most acceptable for Ukraine is the experience of the USA, where there are no age restrictions for holding the position of a judge.
 It was concluded that holding the office of a judge without age restrictions contributes to the elimination of the personnel shortage of judges, the preservation of an experienced and highly professional corps of judges.
 Attention was drawn to the fact that the forced dismissal of a judge on the basis of an age limit bears signs of discrimination in the labor sphere.
 It is proposed to make appropriate changes to the Constitution of Ukraine and the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the removal of restrictions on the tenure of a judge by age and the establishment of control over the state of their mental and physical health. To do this, stipulate the duty of judges (regardless of their age) to undergo medical examinations once every five years, including in drug and psychiatric institutions, and to attach to the materials of their judicial file documents of the established form on the state of physical and mental health.

Свободное использование чужого произведения в учебных целях: некоторые проблемы правового регулирования и правоприменения

Introduction. Among the protected works of science, literature and art related to the results of creative work, there are objects that are significant from the point of view of the interests of society and can be tools for solving socially significant tasks, including those in the field of education. The general approach of the legislator to the legal regulation of such objects is aimed at ensuring their maximum accessibility to all interested parties. Maintaining a balance of private and public interests in the process of such regulation requires the use of effective legal means limiting the exclusive rights of the author. Theoretical analysis. Restrictions on the exclusive rights of the author are represented in civil law by the institute of free use of someone else’s work, which guarantees interested persons access to the use of other people’s intellectual activity results without the consent of the author and without payment of remuneration to him or her. Empirical analysis. In relation to educational activities, the law establishes two ways of using someone else’s work, which are permissible limitations of exclusive rights: quoting and illustrating. The normative acts do not disclose these terms, for their semantic analysis it is necessary to refer to the legal positions of the judicial authorities. The free use of someone else’s work is permissible subject to mandatory compliance with the set of conditions established in the norm, failure to fulfill any of which may lead to the recognition of the use as illegal. A number of rules establishing such conditions allow for significant flexibility in interpretation. Results. The specificity of the legal regulation of the free use of other people’s works for educational purposes lies in the evaluative nature of the key terms used by the legislator in the process of such regulation. For law enforcement, it would be advisable to use as clear and accurate a description of these definitions as possible.

FEATURES OF THE NORMATIVE FIXING OF THE ADMINISTRATIVE AND LEGAL STATUS OF THE COMMISSIONER FOR EUROPEAN COURT OF HUMAN RIGHTS

The article defines the place of the position of the European Court of Human Rights Commissioner in the system of positions of executive authorities, discloses his administrative and legal status and characterizes the elements of his status. It was found that the legal regulation of the status of employees who hold political positions in the system of executive authorities has many shortcomings: 1) the absence of competitive selection when electing a person to a political position negatively affects the quality and efficiency of personnel; 2) there are no effective mechanisms for monitoring the activities of such employees both on the part of higher management entities and on the part of the public; 3) there is no legal responsibility of such officials for inefficient, unprofessional and even illegal activities; 4) there is no general definition of political service, political employees and classification of public positions in executive bodies; 5) the activity of such employees is regulated by secondary legal acts, which have significant gaps and shortcomings in terms of establishing their administrative and legal status. It has been proven that the position of the European Court of Human Rights Commissioner is a political position in the system of executive authorities, which must be reflected in the provisions of national legislation. Based on modern approaches to determining the administrative-legal status of subjects of public administration, it was concluded that the administrative-legal status of the European Court of Human Rights Commissioner includes the following structural elements: 1) the purpose of creation and functioning; 2) task; 3) subject of education; 4) authority; 5) functions. It has been proven that in the scientific literature there is a certain imbalance in research on the legal status of public servants: a) along with a detailed analysis of the administrative and legal status of public servants who hold administrative positions in executive bodies, there is a fragmentary (unsound) analysis of the status of public servants who hold political positions in this system; b) against the background of a thorough analysis of the constitutional and legal status of political officials, there is no generalized analysis of the legal status of all without excluding political officials. It is recognized that the study of the administrative-legal status of political officials, which includes the Commissioner for the European Court of Human Rights, is today a promising direction of research in national legal science.

СОВЕРШЕНСТВОВАНИЕ ПРОФЕССИОНАЛЬНОГО РАЗВИТИЯ ДОЛЖНОСТНЫХ ЛИЦ ТАМОЖЕННЫХ ОРГАНОВ

The article discusses topical issues of increasing the level of professional competence of customs officials in the process of customs service in order to minimize the functional manifestations of destructive conflicts, personnel risks and professional stress. The purpose of this study is to develop guidelines for improving the system of professional development of customs officials. The authors carried out a comparative analysis of scientific research, the results of which are of practical importance for improving the effectiveness of personnel measures aimed at building the personnel potential of customs authorities. In the study, the authors used the following methods: observation, analysis of legal, program and target documents, expert survey, personnel risk diagnostics, hierarchy analysis. The authors analyze the factors of the organizational environment of the customs authority, which affect the level of formation of professional competence of the personnel of the customs authorities. Tasks of the diagnostic stage of the study: an expert survey of respondents on the effectiveness of the proposed methodological recommendations for improving the level of professional competence of customs officials. In the study, officials of the customs authority and teachers of a higher educational institution acted as experts. Analysis of the results of expert surveys ensures the improvement of educational and methodological support for the process of preparing students at the Samara State Technical University. Determination of effective methods of professional development of officials of the customs authority was carried out on the basis of the analysis of hierarchies (HAI).

Legal Analysis of the Legal Personality of Artificial Intelligence, through the Prism of "Animals", "Human" and other Persons for the Stability of the Structure

The author explores the phenomenon of the legal personality of AI through the prisms of the constructions of the rights of animals, humans and certain types of persons. Theoretical and practical approaches to highlighting the legal personality of AI through the prism of a legal entity, animal, human are considered. Practical approaches are being studied on the conditions for the allocation of legal personality through the construction of Habeas Corpus, membership of the "board of directors", as well as the authorship of AI. The main legal structures for the implementation of this legal personality, the positions of the relevant authorities, as well as the stability of individual decisions at the level of consideration by the judiciary and compensatory legal measures that ensure the safe integration of AI into the sphere of public legal relations in Russia are determined. The subject of the study is the formalization of the actions of artificial intelligence as a separate subject of law in the private legal and public fields. The object of the study is regulatory documents, recommendations and other documents regulating the issues of distinguishing the legal personality of AI in Russia and foreign countries, academic publications on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. The measures proposed as a result of the study can be applied in the legislative and law enforcement practice of relevant authorities implementing the integration of artificial intelligence into the sphere of public and public relations in Russia.

Вопросы налогообложения компенсационных выплат за лечение COVID-19 налогом на доходы физических лиц

Previously existing payments for the treatment of coronavirus infection (incentive payments, special social benefits) were not taxed on personal income. Therefore, the question naturally arises whether compensation payments to certain categories of persons at risk of contracting a new coronavirus infection are subject to taxation with this income. This problem is all the more urgent because, in accordance with the Tax Code, a number of types of compensation payments are exempt from taxation. The article analyzes the positions of the tax authorities on the problem under consideration, taking into account judicial practice, and concludes that compensation payments related to the treatment of COVID‑19 are an element of remuneration, act as a form of compensation surcharges for work in harmful working conditions, and therefore are subject to personal income tax in a general manner.

DESCRIPTION OF HEREDITARY PROPERTY

The article analyzes the rules for conducting an inventory and description of hereditary property, including at the request of the sole heir, examines foreign practice, the positions of Russian banks and federal authorities regarding the transfer of property discovered when compiling an inventory for storage and informing notaries about suspicious transactions. The author highlights the specifics of registration of rights to the testator’s movable property.

Qualification of Violations of Antitrust Laws in Parallel Imports of Goods: a Comparative Legal Aspect

The practice of the antimonopoly authorities of Russia and foreign countries in relation to violations in the field of parallel imports of goods has been studied. The problems of qualification of this type of offenses (including in the law enforcement practice of a number of foreign states) in terms of vertical agreements and abuse of dominant position are identified. The authors conclude that the positions of the antimonopoly authorities of Russia and a number of foreign countries are similar on the issue of abuse of the right of legal monopolies for trademarks: a legal monopoly for trademarks should not be a basis for abuse of the right by the right holder and restriction of the possibility of free movement of goods and services marked with trademarks. According to the authors, it is advisable to use the experience of foreign countries when qualifying violations in the field of parallel imports to Russia.

Relations between the State Civil Apparatus and Regional Heads in the Indonesian State Civil Service System

The purpose of this study is to ascertain the civil servant' general election neutrality model. This study used secondary data or library resources that included primary, secondary, and tertiary legal materials to accomplish its goals. This study interviewed practitioners such the National Civil Service Agency, the State Civil Apparatus Commission, and the Election Supervisory Board of the Republic of Indonesia in order to gather secondary data on personnel legislation and general elections. In this study, a statutory method was paired with a conceptual, historical, and comparative perspective. The outcomes demonstrated that civil servants' impartiality in general elections has never occurred from the start of independence till the present. This is a result of the system of subordination (unequal relations) between civil servant and political official. To balance positions between the two, it is therefore vital to separate civil servants from political officials. As a result, it is required to amend Law Number 5 of 2014 Concerning State Civil Apparatuses in order to control the separation of positions of Civil Servants and political authorities.

THE ORTHODOX CHURCH OF GEORGIA AND THE ECUMENICAL MOVEMENT (BEFORE AND AFTER 1997)

The article analyzes the stance of the Orthodox Church of Georgia (OCG) towards the Ecumenical Movement before and after OCG’s departure from the World Council of Churches (WCC) and the Conference of European Churches (CEC) in 1997, and documents the controversies accompanying this development. Up until the 1990s, the hierarchy of the OCG was outstanding for its energetic ecumenical activities within the country as well as in the international arena. After the collapse of the Soviet Union and the gaining of independence, religious nationalism and a hostile attitude towards religious and ethnic minorities grew stronger in Georgia. Having been tainted by a Soviet past, a mass mentality found such phenomena as pluralism, equality, religious freedom, etc, characteristic of the free world, to be foreign. A contingent of Orthodox fundamentalistsis gradually growing stronger in the OCG, which considers the defense of Orthodoxy against ‘sects’ and the ‘ruinous’ innovations of the West its holy obligation. Since the middle of the 1990s, this group intensified its agitation against ‘ecumenism’, and its pressure on the church hierarchy to keep its distance, threatening with schism in the worst case. This anti-ecumenical propaganda organized by monks is supported by a part of the married clergy, their parishes, the media, and some politicians. The OCG was eventually forced to leave the WCC and the CEC, although it inflicted church penances upon the monks leading the rebellion. Some of the anti-ecumenist monks go even further and are demanding the OCG to cease Eucharistic communion with all the Orthodox churches who are still members of ecumenical organizations. As the OCG would not satisfy this demand, the result was an actual schism of the radical anti-ecumenists and the foundation of their own ‘Truly Orthodox’ Church in Georgia.

Goodluck Jonathan, The Champion of Women in the Contemporary Nigeria, 2010-2015: An Appraisal

The meteoric ascendency of Dr. Goodluck Ebele Jonathan to the office of the number one citizen of Nigeria is not just seen by many as providential but could be also termed as a journey of grace. The Goodluck Jonathan’s led administration spanned from 2010 to 2015. He was elected as the 7th democratic president of Nigeria in 2011 general/ Presidential election for a four year tenure which ended in 2015 and in which he failed the bid to be reelected. The administration of President Goodluck Jonathan was characterized or bedeviled by severe criticism, a development which contributed largely to his exit in 2015 after just a tenure in office. These criticisms were apparently predicated on a number of pertinent national issues which were economic, socio-political and even religious in nature. The worst being the inability of the government to combat the upsurge in Boko Haram menace, their failure to rescue the alleged abducted Chibok Girls as well as massive cases of corruption among top public office holders and the presumed laissez-faire attitude of the president in addressing the ugly development. In spite of these avalanche of criticisms however, one major area of interest in which the Jonathan’s administration was greatly commended even by the international community was on women empowerment. The administration was adjudged to have performed well above international average of 20%, and it is in view of this that the idea behind this paper is conceived, to appraise the effort of the president in enhancing the status of the Nigerian women. Jonathan appointed many women into positions of authorities and provided avenues by which a good number of them were elected into political offices. There was also empowerment programs such as skill acquisitions and micro-credit loan schemes meant to alleviate the sufferings of the ordinary women and put smiles on their faces. Although this administration could not realize the 5% affirmative action plan recommended as benchmark in Beijing, China in 1985, it is however good to know that about 33% of this well above international average was said to have been achieved. These and a few related issues were discoursed in this paper. Feminist theory was adopted as a theoretical framework to explain the gender based discrimination against women and therefore focuses on promotion of women’s rights and interests. In view of this, measures that could help to end this unhealthy practices and that can free women from the shackles of age-long domination of men were thus suggested.

Dynamic development of syntactic complexity in second language writing: A longitudinal case study of a young Chinese EFL learner.

The present study analyzes the English diaries written by a young Chinese English as a foreign language (EFL) learner over a 1-year period in an attempt to determine the developmental process of Chinese EFL young learners’ written language in terms of syntactic complexity. This study aimed to use a wide range of metrics to explore densely collected data based on Dynamic Systems Theory. The longitudinal study data were analyzed through eight large-grained measures related to sentential, clausal, and phrasal features by using L2 Syntactic Complexity Analyzer, as well as fine-grained measures related to seven modifiers, an adjective placed before a noun, ordinal numerals are indicated (ADJA), cardinal numeral (CARD), predicative adjective, adverbial adjective (ADJP), adverbs (ADV), prepositional phrases (PREP), subordinate (SUB), and relative clause (REL), through manual annotations. The results show that, first, the developmental process was not linear but spiral in terms of large-grained measures. The sentential level varied, and the development process of the young learner is different from Chinese English learners studying in colleges. Second, the dynamic features of fine-grained measures are also prominent in the seven indicators. ADJA, PREP, and REL showed a steady increase, ADJP showed an obvious decline, while ADV and SUB first increased and then declined. Third, the correlation analysis revealed a competitive interaction within fine-grained measures and between large-grained and fine-grained measures.

Соглашения о неконкуренции: проблемы теории и практики

The realization of freedom of labor by the employee through the termination of employment and the subsequent conclusion of an employment contract with a company that competes with the previous employer is detrimental to the interests of the later. The article contains an attempt to substantiate the necessity and possibility of introducing noncompetition agreements in the Russian labor legislation. In the light of the wide spread of such agreements abroad, the experience of various countries is represented, and the main aspects to be taken into consideration while concluding non-competition agreements are analyzed: 1) the reasonableness of conclusion of such agreements; 2) the form of conclusion; 3) the information about the actions to be performed/not performed by the employee; 4) the categories of employees with whom non-competition agreements may be concluded; 5) the term and the territory of the agreement; 6) compensation of the employee. Author reviewed the current positions of state authorities and the scientific community on the raised issue. In addition, the author provides arguments in favor of using this type of agreements, as well as possible options for adapting it to national legal conditions, taking into account the principle of freedom of labor.