Implementation Of National Legislation Research Articles

International acts as part of the current legislation of Kazakhstan: Influence on the country’s social policy

The topic is relevant in the light of the current globalisation processes, which promote intensive interaction between international and national norms. This creates a need for a systematic study of this problem. The purpose of this study was to analyse the practice of using international acts as part of the current legislation of Kazakhstan and to investigate the role of international acts in the legal system of the country. To fulfil this purpose, the methods of analysing regulations, the method of comparative analysis of judicial practice, as well as the historical legal method, systemic, and statistical analysis were used. It was found that international acts have a prominent place in the system of national legislation of Kazakhstan, contributing to the adaptation of the domestic legal order to the standards of the international community. The types of international instruments and the level of their implementation in national legislation were examined, together with the ratification procedure. A study of statistical data for the last three years was carried out on the use of international instruments by the courts. According to the results of statistical analysis, it was found that the court of first instance in both civil and criminal cases is the enforcer of international norms, while the courts of appeal and cassation used international treaties in their decisions in isolated cases. A tendency was noted for a steady decline in the use of international treaties in court judgements starting from 2020 to 2022. The analysis of judicial practice showed a restrained use of international acts in court judgements. Such use can be of various kinds, such as purely formal references and the intended use of the norms that justified a particular decision. It was concluded that even the formal use of a norm of an international act in the reasoning part of a judgement is a positive practice of human rights promotion. This study can be used to further improve the mechanisms of incorporation, implementation, and application of international acts in the legislation of Kazakhstan, as well as a more profound understanding of their impact on law enforcement in the context of global changes

CONCEPTUAL FOUNDATIONS AND PRINCIPLES OF LEGAL REGULATION OF DECENTRALISATION IN SELECTED EUROPEAN COUNTRIES AND UKRAINE

Background: This research paper aims to enhance theoretical understanding and explore the conceptual foundations and principles of legal regulation of decentralisation. Establishing a well-defined categorical apparatus is an important prerequisite for drafting effective legal regulation, and decentralisation is no exception. A precise understanding of this concept allows for the development of clear stages of its implementation in national legislation. No less important is the proper formulation of the principles of legal regulation of decentralisation. These principles allow further development of a system of legal regulation that will ensure the autonomy of local self-government. Methods: The study provides a comparative analysis of the principle of decentralisation implementation experience in such countries as Belgium, Italy, France, Lithuania, Poland, Ukraine and the United Kingdom, which have chosen both centralised and decentralised forms of public administration. The paper employs a multi-faceted methodology to analyse legal aspects of decentralisation in countries under study, focusing on the observance of the European Charter of Local Self-government standards and the evolution of constitutional frameworks of decentralisation. This approach includes a comparative analysis of constitutional models of decentralisation and their historical backgrounds, as well as an analysis of the practical application of decentralisation and recentralisation as phenomena in modern national policy. Particular attention is given to the influence of the martial law regime on these processes in certain countries. Results and Conclusions: The main research findings clarify the primary problems of European standards of local-self-government implementation in studied countries. They highlight the distinction of specific approaches to decentralisation, including its combination with deconcentration, devolution or even centralisation of power. Additionally, the research provides an analysis of the historical aspect of the development of the constitutional framework for decentralisation. Lawyers and legislators can use these insights to improve the effectiveness of legislation regarding local self-government development in the studied countries.

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The article examines the norms of international humanitarian law in force in Ukraine regarding prisoners of war and the history of their implementation in the Ukrainian legal field. A thorough analysis of the norms of international humanitarian law and their implementation in national legislation is made. The legal regulation of the treatment of prisoners of war during martial law is considered. Attention is focused on the treatment of prisoners of war during martial law or hostilities, observance of their rights and performance of their duties. Threats of possible violations of the rights of prisoners of war are identified. In particular, it is noted that prisoners of war may be subjected to torture and ill-treatment, and may be used as labour without providing them with proper working conditions. The main reasons for the violation of the rights of prisoners of war are given: military operations, unwillingness to comply with international law, and imperfect national legislation. The article identifies the importance of compliance with international law on the treatment of prisoners of war. In order to address the problem of violations of the rights of prisoners of war, it is necessary to ensure compliance with international law, improve national legislation, and create mechanisms for monitoring the observance of the rights of prisoners of war.

E-justice in Administrative Process: European Standards and Foreign Experience

One of the key aspects of the development of electronic administrative justice in Ukraine is its compliance with European standards, which define important principles, methods, and recommendations aimed at ensuring the efficiency, accessibility, and quality of judicial activities in a digital environment. That is why the purpose of this article is to analyze European standards and foreign experience in the field of electronic administrative justice and the possibility of their implementation in national legislation. The conduct of this research is extremely important and relevant, as it will help to adapt the Ukrainian judicial system to international standards and norms. The methodological basis of the research is a set of general scientific and special methods of cognition, namely the methods of dialectics, comparative law, system-structural, formal-logical, etc. As a result of the analysis, it was concluded that significant attention should be paid to the protection of personal data, confidentiality, information security, as well as ensuring access to justice, impartiality, independence of judges, and justice. The article also highlights the experience of implementing information and telecommunications technologies in the system of administrative justice in such European Union member states as Estonia, Lithuania, and Austria, as well as Korea and China. It is noted that in these countries, electronic justice has become an important part of justice, and in view of this, the key aspects of their experience that can be useful for Ukraine are revealed. In addition, a comparative analysis of foreign and domestic experience in the functioning of electronic justice was carried out and the main reasons that slow down its development in Ukraine were identified. It has been proven that the involvement of advanced experience and best practices of foreign countries will significantly contribute to the successful implementation of electronic administrative justice in Ukraine. At the same time, it is important to take into account the unique context, capabilities, and needs of the national judicial system.

Правове регулювання статусу військовополонених відповідно до норм міжнародного гуманітарного права: історична та сучасна ретроспектива

Annotation. The article is devoted to the study of the norms of international humanitarian law in force in Ukraine regarding prisoners of war and the history of their implementation in the Ukrainian legal field. A thorough analysis of the norms of international humanitarian law and their implementation in national legislation is carried out. The Third Geneva Convention clearly defines the concept of prisoners of war, which is particularly important for the issues under study, to whom both the personnel of the armed forces of one of the warring parties, as well as members of the resistance movement, as well as the population that defends its state from attack and is not reorganized in official armed formations. Ukraine has undertaken to fulfill all obligations regarding prisoners of war, which are prescribed in the Geneva Conventions, as well as additional protocols to the Geneva Conventions of June 8, 1977, which were ratified by Ukraine on August 18, 1989 and entered into force on July 25, 1990. Ukraine also undertakes to implement the UN Convention against Torture, which has been in force in Ukraine since November 5, 1998. The lack of proper legal regulation of the status of prisoners of war, their legal understanding and a defined set of guarantees was noted. Attention is focused on the declarative nature of norms. In general, despite the state of war in Ukraine, the situation of enemy prisoners of war who are in captivity of the state of Ukraine is based solely on Ukraine's adherence to the norms of IHL and international conventions for the protection of these rights, it is necessary to state the real observance of human rights, respect for the dignity of the person and the rule of law . Along with this, the urgent problem is the status of prisoners of war in the aggressor state, the impossibility of obtaining access to information about them in accordance with international and national institutions, cruel and inhumane treatment - this is a colossal pain of our society. The perspective of further research is defined as the issue of forming military law into a complex branch of national legislation, determining the guarantees of prisoners of war, the issue of their exchange, etc.

Ways of implementation of international electoral standards in the national legislation of Ukraine

The article is devoted to the study of the problems of implementation and ways of implementation of international electoral standards in the national electoral legislation of Ukraine. The work provides a critical review of scientific approaches of domestic and foreign scholars to understanding the legal nature of the implementation of international acts. The author concludes that the implementation of international acts is a state-building/law-making process of individual countries, which includes the recognition by the state of international legal norms and their implementation in national legislation and in practice with a view to comprehensive, timely and full implementation of the obligations assumed by the state under international law.
 The article analyzes the existing positions of legal scholars on the ways of implementing international legal standards in legal science and, on this basis, identifies and characterizes the ways of implementing international electoral standards in the national legislation of Ukraine. The main such ways are, firstly, reception, when there is a textual repetition of the content of the act/norm adopted by the international community in the national legislation of the respective state without their changes. That is, it is the actual repetition of the content of international law by the relevant acts of national law. Secondly, transformation, which is a method of implementation associated with the revision of the text of an international legal act in accordance with the principles of the national legal system and the adoption of domestic law on this basis. This makes it possible to implement the norms of international law with their maximum compliance with the domestic principles of rule-making technique. Its separate form is a reference, when a norm is created that refers to international acts, traditions of international law. Thanks to this form, the State authorizes the direct application of international law in domestic legal relations. It is determined that these ways of implementing international electoral standards in the national electoral legislation were especially evident in the adoption of the Electoral Code of Ukraine.

Proposed novations in global taxation

Subject. Tax competition between jurisdictions, contributing to profit removal of multinational enterprises (MNEs) from taxation is a serious problem in the global economy. To solve it, an international agreement was concluded in 2021 with a wide range of participating countries, which contains important novations for the entire system of global taxation. However, its implementation is an open question. Objectives. The aim is to provide a unique study of the content of the proposed novations in global taxation, and possibilities and prospects for their implementation in national legislation. Methods. The study employs general scientific methods, like abstraction, induction, deduction, synthesis, comparative analysis. Results. The paper describes the content of two components of the said agreement, gives a forecast of possible consequences of their application for MNEs’ profit taxation, substantiates the position that in the modern terms of world economy, the implementation of these novations will be postponed. Conclusions. The novations contained in the international agreement of 2021 specify the application of the territorial principle of taxation for MNEs’ income (pillar 1) and introduce the minimum allowable level of tax on their corporate profits (pillar 2). The implementation of the novations will influence the overall level of corporate taxation in separate countries, especially in low-tax jurisdictions, limit the possibilities of international corporate tax planning and removal of profits from taxation, and modify the practice of granting tax preferences to businesses. However, under current economic and political turbulence in the world economy, one should not expect imminent implementation of the novations into national legislation.

ANALYSIS OF FOREIGN EXPERIENCE IN THE IMPLEMENTATION OF INTERNATIONAL NORMS AND FATF STANDARDS

This article is devoted to the analysis of the FATF Recommendations related to the seizure and confiscation of property obtained by criminal means, which are mandatory for implementation in national legislation. The article discusses individual FATF recommendations, their inherent features and features of foreign countries in this area.

IMPLEMENTATION OF INTERNATIONAL LEGAL STANDARDS OF HUMAN RIGHTS AND FREEDOMS IN THE NATIONAL LEGISLATION OF UKRAINE

The article is devoted to the essence of international legal standards of human rights, their implementation in national legislation. The relevance of this research at the current stage of the development of our state is substantiated, which consists, first, in a clearly formed foreign policy course for joining the EU and NATO, and, second, in the need to face new challenges of building a democratic legal state in the conditions of a full-scale war and a direct threat state sovereignty and state integrity of the country. In the course of the study, it was substantiated that today in independent Ukraine, the problem of real provision of human and citizen rights and freedoms is of particular importance, which is closely related both to the insufficient level of observance of the rights and freedoms enshrined in the Constitution by the state, and to the insufficient level of their protection from offenses. The analysis of the systematic study shows that the dynamics of the adaptation of the legislation of Ukraine to the legislation of the European Union highlighted the importance of the function of determining the influence of the Constitution's norms on social relations in the conditions of the European and Euro-Atlantic integration of Ukraine, determined the meaning of the concept of "constitutional regulation", which is an indicator of the importance of adopting and amending the Constitution of Ukraine in modern crisis realities. Particular attention is paid to the issues of the historical evolution of the constitutional regulation of human rights and freedoms in Ukraine, a comparative analysis of the constitutional regulation of rights and freedoms in Ukraine at different stages is carried out, the positive aspects of the current state of constitutional rights and freedoms in Ukraine are determined, especially in the context of establishing new types of rights, such as environmental and informational rights. It has been proven that the theory of recognition of human dignity, which is an integrative property of human nature, is spreading in our country, and the problem of implementing international legal standards into the national legislation of Ukraine still requires the consolidated activity of all state authorities and local self-government bodies.

Constitutional foundations of energy security and their implementation in national legislation

Constitutional foundations of energy security and their implementation in national legislation

European experience with the operation and control of the procurement mechanism for goods, works, and services using budget funds

The subject of the study is the practical experience of the functioning of the mechanism of public procurement of goods, works and services in the member states of the European Union, its reformation under the influence of the introduction of new EU legislative norms in the field of public procurement, and the harmonization of the national legislation of the participating countries with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The purpose of the work is to establish the impact of the new legislative norms of the European Union in the field of public procurement on the mechanism of procurement of goods, works and services for budget funds in the European Union, to identify the advantages of applying these norms. The methodological basis of the article is a set of cognitive methods applied to the mechanism of public procurement. The research was based on general scientific methods, namely: dialectical, which implies objectivity, comprehensiveness and systematic knowledge; logical; special methods of scientific knowledge: historical, method of systematic analysis and generalization of normative documents. The general logic of the article is based on a complex and systematic approach using modern scientific apparatus. Results of the article. The article establishes the main directions of changes in the mechanism and tools of public procurement in the countries of the European Union, which took place after the implementation of the norms of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, an analysis of the advantages of their implementation in national legislation of member states. The evaluation of the efficiency of the public procurement market in the EU countries was carried out. The directions and sources of further research are substantiated, first of all, by taking into account the aspects of digitalization of the sphere of public administration and finance, social and environmental innovations. Field of application of results. The results can be used by state and local self-government bodies, territorial communities, and economic entities of various forms of ownership. Conclusions. The new norms of EU legislation in the field of public procurement, set out in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, are aimed at simplifying procedures for public procurement of goods, works and services for budget funds, which promotes the free movement of goods and services in the countries of the European Union. As a result, customers get better value for money. Thus, public procurement becomes a tool of EU strategic policy. Although it cannot be claimed that the EU's public procurement policy is flawless, the experience of all participating countries is always taken into account in the process of its development and implementation. The EU public sector can use the procurement of goods, works and services with budget funds to increase the number of jobs, growth and investment, as well as to create an economy that is more innovative, resource and energy efficient and socially inclusive.

Implementation of the Statute of the International Criminal Court into the National Legislation of the Republic of Azerbaijan

The article is devoted to the implementation of the Statute of the International Criminal Court in the national legislation of the Republic of Azerbaijan. The article is based on the Statute of the International Criminal Court, scientific and theoretical provisions on its implementation, the national legislation of the Republic of Azerbaijan, as well as a comparative analysis of the national legislation of foreign countries. Meanwhile, the activities of the International Criminal Court and the advantages and disadvantages of its Statute in the implementation of national legislation were analyzed in detail. Recommendations and conclusions from the policies of both jurisdictions are presented.

ADAPTATION NORMATIVE-LEGAL MAINTENANCE OF LABOR PROTECTION TO EUROPEAN STANDARDS

The article clarifies the concept and content of international and European standards of occupational safety and health, defines the term "adaptation". Based on the results of the analysis, the systematization of international and European standards for occupational safety and health. According to the subject of development and adoption, it is proposed to divide international and European standards in the field of labor protection into three groups. In each of the proposed groups, the content of legal documents, the state of their development and implementation in national legislation were clarified. The basic provisions of international and European standards are revealed, which are largely not reflected in the national legal regulation of labor protection, and which are important for modern occupational safety and health. Particular attention is paid to the main document in the field of labor protection, which created the EU legal framework in the field of occupational safety and health - Framework Directive 89/391 / EEC "On measures to improve the safety and health of workers at work" and legal documents adopted on the basis of this Directive. According to the results of the study of European and international standards, a number of issues and provisions have been identified, which are properly reflected in national legislation. An analysis of the implementation of the obligations to adapt national legislation in the field of labor protection to the requirements of Directive 89/391 / EEC has shown that the provisions of the Directive have not been fully implemented. Regulations have been identified to be developed in the near future for Ukraine to fulfill its obligations in the field of labor protection. The factors that hinder the process of adapting the human right to safe working conditions to international and European standards are presented. Proposals and norms of international and European standards that require implementation in the domestic legal regulation of labor protection are presented as proposals. Keywords: adaptation, labor protection, international and European standards, normative-legal maintenance of labor protection.

Features of the Functioning of Higher State Bodies in the State of Emergency (Martial Law) in European Countries: Constitutional and Legal Regulation

Topicality. The relevance of this topic is determined by the study of problematic issues related to the optimization of the activities of national state authorities in the conditions of martial law. The purpose of the article is to highlight the peculiarities of the constitutional and legal regulation of the functioning of the public power mechanism of European states in the conditions of martial law based on the analysis and synthesis of scientific works and constitutional and legal acts regarding the content of special legal regimes that are introduced during crisis situations. Research methods. To achieve the specified goal, a set of methods was used: dialectical (for the objectivity and comprehensiveness of knowledge of state-legal phenomena in foreign countries, taking into account various factors, in development), systemic approach (when considering public authorities as a whole ordered system), formal-legal method (for establishing the content of legal norms and analyzing the practice of their application) and others. The comparative legal method was used as the leading method (to compare the legal and organizational aspects of the functioning of authorities and to develop practical recommendations for improving the activities of public authorities in Ukraine). Results. The constitutional and legal norms regulating the special legal regime (in particular, the martial law regime) in European countries are analyzed, and the key features of the mechanism of public power functioning in emergency conditions are highlighted. It is emphasized that the study of European experience is relevant and appropriate from the point of view of possible further implementation in national legislation. It is noted that special legal regimes are introduced when a certain situation of an extraordinary nature arises in the state, threatening the development of the state and society, the rights and freedoms of citizens. The constitutional and legal institution of the emergency regime is a system of legal norms that establish the grounds and procedure for its introduction, the state authority authorized to introduce it. A special mode of activity of state authorities and local self-governments, enterprises, institutions and organizations is also established. The limits of the special legal regime in time and space are fixed. In the states, temporary changes in the demarcation of competence between the authorities of different levels are usually foreseen. As a rule, executive authorities are temporarily granted certain powers that normally belong to the legislative body, on a clear legal basis. Four variants of implementation of the procedure for the introduction of special legal regimes (in particular, martial law) in the practice of European states are distinguished, which are differed by the degree of involvement of the parliament. The significance of the results. The possible ways and methods of optimizing the activities of the higher state authorities of Ukraine in the conditions of martial law are proposed.

MEDICAL CARE FOR PRISONERS IN THE CONTEXT OF HIV TREATMENT AND PREVENTION

The article examines the general aspects of medical care for prisoners with HIV/AIDS as stated in international standards and Ukrainian legislation. Attention is paid to the prohibition of discrimination and stigmatisation of prisoners in the context of medical care. The reports of the Ukrainian Parliament Commissioner for Human Rights during monitoring visits to penitentiary institutions were analysed. Data released by international organisations demonstrate the high prevalence of HIV among prisoners. The existence of such disease often causes violations of prisoners’ rights, including access to health care. During the survey, common problems, related to medical care, faced by detainees in the penitentiary system, were identified. Among these problems, the inability to receive antiretroviral therapy that should be used to treat HIV is recognised as the most significant. It was concluded that international standards, despite their implementation in national legislation, have not been successfully applied in practice.

Правова природа обмежувальних заходів, закріплених ст. 91-1 КК України, та їхнє місце в акті кримінального законодавства

The article examines the legal nature of restrictive measures defined by Art. 91-1 of the Criminal Code of Ukraine, and the expediency of allocating space for their legal regulation in the act of criminal law. Attention is drawn to the fact that enshrining in legislation new legal measures is impossible without understanding their legal nature. The emergence of restrictive measures in the jurisprudence, which are currently provided for in Art. 91-1 of the Criminal Code of Ukraine related to the implementation in national legislation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and the adoption of the Law of Ukraine dated 6 December 2017 № 2227-VIII. However, during the discussion of the bill in scientific circles, the possibility of the institution of restrictive measures at the source of criminal law was questioned, given the administrative nature of such measures and not the criminal ones. It is stated that it is quite difficult to establish clear distinctions between measures of administrative and criminal influence. However, the criterion by which they can be distinguished, obviously, is the range of social relations to which their legal influence extends. The author noted that the criminal law nature of restrictive measures is due to the fact that they are applied in connection with the commission of a crime; the question of their application is decided simultaneously with the imposition of a sentence not related to imprisonment or release from criminal liability or punishment; they are applied in court. Key words: restrictive measures, legal nature of restrictive measures, measures of criminal law nature, security measures, prevention of domestic violence.

Система інтелектуальної власності України: сучасний стан та перспективи розвитку

The article reviews the current state of the intellectual property system based on a wide range of sources. The author characterizes the general trends in the development of this sphere. She analyzes the main legal acts that determined the directions and principles of reforming the legal protection and enforcement of intellectual property.In the study, the author points out that Ukraine’s position is rather weak. In the report for 2022, the International IP Index is calculated for 55 countries of the world according to 50 unique indicators, which are divided into 9 categories. Ukraine's overall score is 19,87 out of 50 (39,74 %). There are significant difficulties in the implementation of national legislation and international treaties. The author emphasizes that despite the efforts of all branches of government at the highest level, there are still difficulties in law enforcement, lack of qualified specialists interested in the development of intellectual property. There are significant problems in the organization of the work of the High Court of Intellectual Property. The author emphasizes that not all legislative changes have a positive impact on the possibilities of intellectual property protection, some innovations require balanced approaches, taking into account the opinions of experts and practitioners.Reforms are accompanied by institutional changes. From November 8, 2022, the state organization «Ukrainian National Office of Intellectual Property and Innovation» became the entity performing the functions of the National Intellectual Property Authority. The head of the newly created institution emphasizes transparency of activities, strengthening of the expert corps, attraction of young promising personnel, quality information resources and comprehensiveness in its activities. As of December 2022, the reset of the intellectual property sphere continues, which is complicated by systematic massive missile strikes on the critical infrastructure of the entire state.

Assessing the Effects of Directive 2014/95/EU on Nonfinancial Information Reporting: Evidence from Italian and Spanish Listed Companies

This paper explored the effects of new regulation on the disclosure of NFI in two European countries, Italy and Spain. The method used to develop the analysis is mainly qualitative. Content analysis was performed to verify the sustainability indicators disclosed by Italian and Spanish companies, listed on the FTSE MIB and IBEX 35 Indexes, before and after the Directive’s publication and implementation in national legislation. The level of NFI disclosure was scored using a disclosure index. The comparative analysis found a progressive reduction in disclosure levels for Italian companies compared with Spanish companies, for which an expansion of the disclosure was detected. Moreover, a reduced gap between the quantity of NFI reported in the two countries was found. This is one of the few studies to use a 3-year longitudinal analysis to investigate the EU Directive’s impact at the cross-country level.

CONSTITUTIONAL IDENTITY IN THE ARGUMENTATION OF DECISIONS OF CONSTITUTIONAL COURTS

The latest trend in modern European constitutionalism is the issue of constitutional identity. Constitutional courts, which are the embodiment not only of the protection of the Constitution, but also of the limitation of power, are influential subjects of assessing the country’s international obligations and their implementation in national legislation. The purpose of the article is to analyze the constitutional identity in the argumentation of decisions of constitutional courts.
 The research method is a comparative legal analysis of the practice of constitutional review bodies in order to assess the expression of the concept of respect for national identity, which has become a condition and principle of legal integration in the European region. In addition, empirical analysis of decisions of constitutional courts was used. Using the system-structural method, the doctrine of «constitutional boundaries» as a component of constitutional identity is analyzed.
 It is justified that the concept of «identity» appeared and began to be actively used by European constitutional courts to justify decisions related to the processes of European integration and the expansion of the influence of supranational institutions of international organizations, including the European Union. It is proved that the decisions of constitutional courts should be based on national legal values, taking into account international practice and the principle of the supremacy of the Constitution. At the same time, national courts must take into account the country’s international obligations when making decisions. In today’s world, constitutional courts cooperate with the courts of international organizations, which form a common case law in the member states, in particular on the interpretation of human rights. This is manifested in the citation by constitutional courts in their acts of decisions of supranational judicial bodies. It should also be noted that the constitutional court may be guided by the positions of international courts in forming its legal position, but according to the doctrine of judicial discretion, the national court is free to assess the circumstances of the case and it is best acquainted with national features and specifics of national law.
 The analysis of the decisions of the bodies of constitutional proceedings, which used the concept of constitutional identity, gave grounds to claim that the courts in their practice in their interpretation appealed to different arguments depending on the specifics of the case. For example, in formulating the doctrine of constitutional boundaries, the Constitutional Court of Italy, in substantiating its decision, used at the same time an argument by analogy, an argument of agreement, an argument of general principles. The Federal Constitutional Court of Germany in its decision in the case of the Maastricht Treaty resorted to naturalistic and systemic arguments.
 It is concluded that constitutional identity is a system of interpretive arguments used by constitutional courts to substantiate decisions that verify compliance with the national specifics of constitutional norms. Of course, this applies to the categories of so-called «difficult cases», for the argumentation of which requires a system of strong arguments.

The Provision of Tourists’ Rights in Uzbekistan: International and National Standards

This article examines the issues of legal regulation, which are the basis of all areas and directions of tourism. In particular, the analysis of the importance of international legal norms in ensuring the rights, freedoms and safety of tourists in Uzbekistan, the need for their implementation in national legislation. The author has also developed suggestions and recommendations for specific issues based on the findings of this study.