Interaction Of Bodies Research Articles

The role of the state in preventing new challenges and threats in the modern period: functional and legal analysis of problems related to ensuring national security

This article is devoted to determining the state's role in preventing new challenges and threats in the modern period. New challenges and threats are identified by analyzing problematic issues related to ensuring national security is carried out. Particular attention is paid to the problems of ensuring the coordinated functioning and interaction of state bodies. The authors believe that violation of the principle of ensuring the unity of state power can lead to negative consequences for the entire system of the state. It is proposed to analyze all regulatory legal acts of a subordinate nature to identify the reasons that hinder the coordinated interaction of state bodies. One of the primary tasks in ensuring national security is ensuring external security and countering terrorism.  It is concluded that special attention of all state bodies should be paid to strengthening state independence, the integrity of the state, and the unity of the people based on a single territory, single citizenship, a single supreme authority, a single system of law, a single state language. Keywords: ensuring national security, coordinated functioning and interaction, unity of state power, countering terrorism.

Development of Methodic Approach to Selection a System for Yards and Spaces between Constructions Landscaping

Formation of a modern comfortable environment in Russian cities has become one of the priority tasks of the state scale. Development of fundamentally new approaches to the organization of integrated landscaping of courtyards and inter-building spaces according to the principles of comfort and bio-positivity will improve the quality of life of the country’s urban population. However, there are a number of organizational and informational problems associated with the interaction of territorial bodies of state and municipal administration, the interests of the population and organizations performing these types of work. The paper proposes a methodology for choosing elements of the improvement of the territory of courtyards and inter-building spaces both for the existing development and for newly built territories, based on taking into account the optimal ratio of the parameters of a comfortable environment, taking into account the peculiarities of the urban planning situation, utilities, the morphotype of the building, the type of yard, its configuration squares.

Procedural features of sending a request for legal assistance in the interaction of the preliminary investigation bodies of Russia and the CIS countries in criminal cases

The subject of this study is the legal norms contained in the Constitution of the Russian Federation, national normative legal acts, organizational and administrative documents (orders, orders) of heads of law enforcement agencies, international treaties aimed at regulating public and legal relations on the issues of sending requests for legal assistance in the field of interaction between the preliminary investigation bodies of Russia and CIS countries when criminal proceedings. The purpose of the study is to conduct an analysis of judicial and investigative practice in order to identify the most typical errors that usually cause refusal to execute a request in order to eliminate problems and eliminate legal gaps in the legislative regulation of the mechanism for sending and executing requests for legal assistance in criminal cases. The dialectical method of scientific cognition was used, as well as comparative – legal, logical – analytical, systemic, as well as formal – legal research methods. The article examines the issues related to sending a request as one of the forms of interaction between the preliminary investigation bodies of Russia and the law enforcement agencies of the CIS countries. The legal regulation is analyzed and the specifics of the request direction are considered. The novelty of the article lies in the identification of problematic aspects of cooperation and the conflict of criminal procedure legislation and international agreements, which usually cause refusal to execute the request, including one of the most difficult problems in this area – compliance with procedural deadlines for the execution of the request. The proposals contributing to the resolution of existing problems are formulated. In particular, the author comes to the conclusion that it is necessary to supplement the provisions of normative acts regulating the mechanism of sending a request for legal assistance so that the investigator can necessarily indicate in the content of the request the terms of its execution, taking into account significant factors.

ЦИФРОВОЙ ПРОФИЛЬ ЛИЦА КАК ЭЛЕМЕНТ ИНФОРМАЦИОННО-ТЕХНОЛОГИЧЕСКОЙ СТРАТЕГИИ РАССЛЕДОВАНИЯ ПРЕСТУПЛЕНИЙ

Introduction: the article examines how the ongoing digital transformation of society is manifested in the field of criminal procedure relations, digitalization of forensic activities. The authors substantiate the prospective possibilities of detecting and investigating crimes using the digital profile of an individual. The digital profile consists of the registration data of subjects and objects in the digital system of legal relations, biometric personal data, digital identifiers of the individual and the terminal equipment, information systems, computer networks. The paper analyzes the evolution of the concepts ‘profile,’ ‘profiling,’ ‘digital profile’ and their use in the context of crime detection and investigation. The authors offer a classification of identifiers that constitute the methodological, informational, technological basis of the digital profile. The study shows the significance of electronic interaction of investigation bodies with the subjects of information technology systems in obtaining evidentiary information concerning pre-criminal, criminal, and post-criminal information about the person who has committed a crime based on the digital profile data. Purpose: in the context of information society and widespread dissemi- nation of digital information about life and legally significant actions of a person, investigating authorities should use the scientific organization of labor in collecting evidentiary information in criminal cases. The paper aims to substantiate the special role of the digital profile as ensur- ing a change in the paradigm of proof, as accelerating the formation of a modern information- technological strategy of investigation and introduction of electronic evidence and electronic document management in criminal proceedings. Methods: general scientific methods (dialectic, analysis and synthesis, abstraction and concretization) and special scientific methods (compar- ative-legal, technical-legal). Results: the authors have analyzed the existing information legis- lation, the positions of scientists on the potential of digital technologies, information systems, computer networks, digital platforms, artificial intelligence, and neural networks. The analysis indicates the need to optimize the practice of proving in criminal cases using digital profiles and modern information infrastructure, i.e. the need to switch to a new information- technological strategy of crime investigation. The paper offers a new approach to the electronic interaction of the preliminary investigation bodies with the subjects of information technology systems aimed at creating a ‘search’ portrait of a suspect by obtaining digital data about the person and the circumstances of the crime. Conclusions: it is necessary to develop a new inves- tigation strategy as preliminary investigation requires modernization based on the information and technological development of society. The archaic forms and methods of gathering evidence do not correspond to the principles of scientific organization of criminal procedure with regard to collection of evidence already accumulated in the modern infrastructure of all video surveil- lance systems, databases, cellular networks, banking, payment, and other information systems. The experience of other states shows that the use of the results of criminal intelligence opera- tions organized in a new way, the introduction of electronic document management and online interaction with subjects of information technology systems can dramatically optimize prelimi- nary investigation

Prospects for digital modernization of criminal procedure in Tajikistan

The study analyzes the significance and timeliness of the introduction of digital technologies in the criminal procedure activities of the judicial and law enforcement agencies of Tajikistan in the context of reforming the internal affairs bodies. It also explores the prospective parameters for the introduction of modern technologies for accounting for the quantitative and qualitative components of crime. Modification of crime accounting through the phased commissioning of the project “Electronic Crime Record Book” will give law enforcement a different look, aimed at the interaction of state bodies and the population. Opportunities and promising directions for improving the accounting of crimes will be based on the electronic interaction of state bodies, officials and members of the public. The platform for the introduction of information and telecommunication technologies is the structural divisions of the internal affairs bodies, which register the bulk of all statements and reports on crimes and incidents. The main criterion in the modernization of criminal procedure is the development of a unified model of the system of accounting and registration activities, which will cover not only the accounting of crimes, but also intermediate and final procedural decisions. The main emphasis in the project is aimed at the development and qualitative improvement of interaction between law enforcement and judicial authorities, through which the domestic system of criminal policy is being modernized. The modernization of the criminal procedure reality testifies to the additional elaboration of the full coverage of quantitative data on crime and a comprehensive response to each statement and message. Additionally, it is required to clarify the content of the Concept for the development of informatization and the unified information and communication system of the internal affairs bodies of Tajikistan and other sectoral regulatory legal acts for the next period of reform.

Peculiarities of establishing the customs value of goods containing intellectual property objects

Significant changes in the protection of goods containing intellectual property objects are considered in terms of payment of royalties in cross-border trade. The analysis of a transportation procedure of goods includes the peculiarities of their customs value establishing. The upward tendency for registered trademarks is observed both in Russia and in the world, independently of one another. Risks of violating intellectual property rights and risks related to the non-inclusion of royalties in the customs value of goods transported are analyzed. As a result, the inclusion of royalties in the customs value of goods is defined as the most significant requirement for a safe supply chain of goods under study. The study covers the important problems of establishing the customs value in the logistics flows of goods containing intellectual property objects, and the solutions to the stated problems. This article examines the peculiarities of including royalties in the customs value in the supply chains. Equivalent interpretation of the terms of payment inclusion in the world practice is established. The analysis results of judicial practice are grounds for proposals to update the existing regulatory documents that reveal the meaning and content of the license agreement as to goods imported into Russia within the EAEU and containing objects of intellectual property. Organizational proposals on the interaction between customs authorities and participants in global trade, on the interaction of federal executive bodies in terms of the correct interpretation of customs legislation, as well as in terms of the possible access to available information on license contracts are developed

Eksperimentalno proučavanje različitih metoda tretmana zemljišta u cilju maksimalnog očuvanja strništa i orezivanja korova

In Northern Kazakhstan, the main task of agrarians is to accumulate and retain the maximum amount of moisture. In this regard, effective agrotechnical moisture conservation methods are high-quality autumn non-moldboard processing of stubble backgrounds with maximum preservation of stubble on the surface and a mechanical method of weed control in a fallow field. The obvious disadvantages of existing tillage machines are the poor deepening ability of flat-cutting working bodies, embedding stubble into the soil, and incomplete cutting of weeds. Machine-tractor units with single-operational specialized machines and their multiple passes over the field recompact about 60% of the cultivated area. The most promising for the implementation of these technological operations are combined tools. However, the technical process of the joint interaction of lancet, disk, and bar working bodies with the soil in the conditions of Northern Kazakhstan has not been sufficiently studied so far. In this regard, the work aims to study the effect of technological schemes of a combined tool on agrotechnical and energy indicators and to test an experimental sample under production conditions.

Forms of interaction of local self-government bodies with state authorities

Forms of interaction of local self-government bodies with state authorities

АСПЕКТИ РОЗВИТКУ АДМІНІСТРАТІВНОÏ ЮСТИЦІÏ В РЕСПУБЛІЦІ ТАДЖИКИСТАН ПІСЛЯ 1991 РОКУ

The purpose of the scientific article is to study the problems of the development of administrative justice in the Republic of Tajikistan after 1991. Despite the fact that in this country the Code of Administrative Procedures was adopted in 2007, which determines the procedure for the preparation, adoption and execution of administrative legal acts, consideration of administrative applications and complaints, the implementation of proceedings on administrative procedures in court, the interaction of administrative bodies, some part of the cases characterized by administrative and public disputes is considered within the framework of the Civil Procedure Code of the Republic of Tajikistan dated January 5, 2008, as well as within the framework the Code of Economic Procedure of the Republic of Tajikistan dated January 5, 2008. The article gives advice on the harmonization of legislation in the field of consideration of administrative and public disputes. In addition, in order to improve the judicial system of Tajikistan, it is proposed to create administrative courts in the Republic of Khatlon Region, Sogdian Region, Gorno-Badakhshan Autonomous Region, the capital – Dushanbe, as well as in the economic courts of these regions. Alternatively, at the first stage, it is essential to create judicial chambers for administrative cases in the courts of these regions, as well as for administrative cases in the Supreme Court of the Republic of Tajikistan and the Supreme Economic Court of the Republic of Tajikistan.

Использование беспилотных летательных аппаратов при осуществлении государственного земельного надзора

Field inspections of land plots for compliance with the requirements of land legislation by their owners or users imply a visual inspection and instrumental inspection of such real estate objects. However, when implementing these procedures, the following problems may occur: limited access to land plots through their fencing; a large area of land; the impossibility of obtaining the land plots boundaries coordinates using GNSS equipment, associated with the level of territory development or with the location near the survey area of objects that block or distort satellite signals. The study describes the expe-rience of using unmanned aerial vehicles in conjunction with digital cameras as a possible solution to the above problems. The purpose of the work is to describe the experience of using unmanned aerial vehicles to collect information on the actual use of land plots and the location of their boundaries in the framework of state land supervision. The paper describes the procedure for coordinating flights and the experience of using a quadcopter-type aircraft for aerial photography when surveying land. Options for the interaction of state land supervision bodies with other organizations and divisions of Rosreestr are presented for the purpose of assessing compliance with the land legislation of the Rus-sian Federation by owners and users of land plots, as well as filling the state fund with data obtained as a result of land management. The positive aspects of using such tools are given, as well as criticism of the existing work procedure. As a result of the research, it was concluded that the use of unmanned aerial vehicles shows high efficiency in the implementation of the functions of state land supervision, but it is necessary to further improve this area.

Interaction of state authorities and local self-government bodies

Interaction of state authorities and local self-government bodies

Сравнение эффективности методов решения систем линейных уравнений в задаче моделирования контактного взаимодействия элементов твэла в термоупругой постановке

Various algorithms for solving systems of linear algebraic equations that arise when modeling problems of contact interaction of thermoelastic bodies with a changing configuration of the contact surface are considered. The implementations of modified iterative methods, the Uzawa method, as well as algorithms based on the use of the Gauss method and the generalized method of minimal residuals (GMRES) with two iterative refinement options allowing for the exit from contact of individual sections of the contact boundary are presented. The efficiency of the presented algorithms is compared in relation to a problem simulating thermomechanical processes in a section of a fuel element that includes up to 100 fuel pellets.

Податковий аудит і податковий контроль: модель взаємодії та законодавче регулювання

Calculations for taxes and payments are one of the key areas of accounting and the object of tax control and audit at any enterprise. The interaction of tax inspectors and auditors and their relations with tax-paying enterprises within the framework of their inspection are insufficiently regulated by law. The article is devoted to disclosing the procedures and features of the legislative regulation of tax audit in the system of interaction of taxpayers, control bodies and audit companies. To emphasize the existing features of tax audit carried out by independent audit firms and tax audit carried out by fiscal authorities, the authors use two definitions: tax audit and tax control. Taking into account the differences between the tax audit and tax control, it is recommended to legislate the concept of tax audit and tax consulting services at the level of normative legal acts in the field of audit activity. Based on the data of the conducted survey of accountants, the reasons for fines and VAT surcharges were revealed. The model of the relationship between taxpayers, subjects of audit activity and tax authorities is substantiated and described. Applying this model will increase the quality of independent audit and tax control and the trust of stakeholders in the financial and tax reporting of enterprises. In addition, it will reduce the financial risks to taxpayers and society's costs for maintaining the tax control system. Within the framework of this model, under certain circumstances, tax authorities can get acquainted with the results of audits by independent auditors drawn up in a separate document in the part of tax calculations. Quality control of an independent tax audit can be carried out by the Body of Public Supervision of Auditing Activities or the Audit Chamber of Ukraine within the framework of general quality control of audit services and indirectly by tax authorities during a tax control. Accordingly, the interaction between these subjects can create additional opportunities to strengthen the quality control of auditing activities as a whole.

Integration of geochemical and isotopic tracers for elucidating water bodies interaction in the Oum-Er-Rabiaa River (Middle-Atlas, Morocco)

Integration of geochemical and isotopic tracers for elucidating water bodies interaction in the Oum-Er-Rabiaa River (Middle-Atlas, Morocco)

Legal Support of Financial Independence of Territorial Communities in Ukraine

The article provides a scientific analysis of the financial independence of territorial communities, which is aimed at strengthening the implementation of decentralization measures in Ukraine. Indicated that problems of financial support of the local government powers are the focus of Ukrainian scientists, experts in local budget management and finance. Independence in the aspect of local self-government should be considered within the norms established by the Constitution of Ukraine, the European Charter of Local Self-Government, and other legislative acts. Performed theoretical and applied identification of the “financial independence of the territorial community”. Analyzed the key provisions of the Ukrainian legislation on financial support of territorial communities, which were transformed in the process of decentralization during 2014–2020. Highlighted the state policy components of ensuring the financial independence of territorial communities, based on the principles of the European Charter of Local Self-Government. Measures of state policy to ensure the financial independence of territorial communities can be systematized into two groups: 1) direct participation of the state in the formation of financial resources of communities and territories; 2) indirect participation of the state in the formation of financial resources of communities and territories and their disposal. Noted that consolidation of revenue sources in local budgets of Ukraine is characterized by instability. Summarized the results of the sociological study of the financial support of territorial communities in terms of their financial independence. Emphasized the lack of legal opportunity for local governments to independently keep records of personal income tax and other national taxes in terms of their payers. Proposed the measures to improve the administration of taxes, which are a source of revenue to local budgets: organization of a digital information network on the payment of taxes and other mandatory payments by individuals and ensuring access to it by local government officials; establishing interaction of territorial bodies of the State Tax Service of Ukraine with local self- -government bodies on issues of control over the correctness and timeliness of tax payments and other obligatory payments by individuals and legal entities, etc.

Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity
 The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

Вопросы нормативно-правового регулирования осуществления научного сотрудничества с иностранными гражданами и иностранными организациями

The article offers a general overview of the legal regulation of scientific cooperation with foreign citizens and foreign organizations in the context of the main legal problems of interaction of Russian scientific bodies with interested foreign subjects. During the work method of analysis, system-structural, formal-legal methods and a method of interpreting the rules of law were used.

Практика ефективної взаємодії публічної влади і громадських організацій: європейський досвід для України

Проаналізовано практику ефективної взаємодії представників публічної влади і громадських організацій у суміжних із Україною країнах Європейського Союзу (далі – ЄС) Польщі, Угорщині, Румунії. Наголошено на тому, що інституції громадянського суспільства мають неабиякі соціально-психологічні переваги й суттєво впливають на розвиток публічно-інституційних відносин у державі. Доведено, що ефективна адаптація держави до вимог громадянського суспільства пришвидшує вдосконалення державної політики сприяння розвитку громадських організацій. Визначено функціональний ланцюг сприяння, за яким проглядається логіка застосування міжнародного досвіду в українських реаліях: державна політика – законодавчі норми – громадянська ініціатива – практика публічної взаємодії. Наголошено на прикладах профільної взаємодії (приклад Румунії), ефективності процедури надання сервісних послуг та її діджиталізації (приклад Польщі) та скоординованої політики сприяння розвитку громадських організацій (приклад Угорщини).

Mathematical modeling of contact interaction of two electroelastic half-spaces (without electrode coating of surfaces) in the presence of a hard disk-like inclusion between them and pressure in the area of separation

Based on the use of a rigorous mathematical model that takes into account the connectivity of force and electric fields in electroelastic bodies, the contact interaction of two piezoelectric transversely isotropic half-spaces with different properties under compression (in the presence of a hard disk-shaped inclusion between them and pressure in the material separation region) was studied. The solution to the problem is obtained by representing the general solution of the static equations of the electroelasticity for a transversely isotropic body in terms of harmonic functions, followed by the construction of the boundary value problem of the electroelasticity to the consideration of the integral equation and the expansion of the desired function in a small parameter. As a special case from the constructed analytical expressions, the main parameters of the contact for two elastic transversely isotropic and isotropic half-spaces (with the inclusion between them and pressure in the separation region) are implied. Numerical results were obtained. The influence was studied of the electroelastic properties of half-spaces, the geometric dimensions of the inclusion, and loads on the parameters of the contact interaction of electroelastic bodies.

The interaction of constitutional court and other state bodies

The article analyzes the issues of improving constitutional control, ways to increase its effectiveness. The subject of the research is the legislative foundations of constitutional justice in Uzbekistan. The actual issues of interaction between the Constitutional Court of Uzbekistan, and the state bodies of Uzbekistan, the parliament, government and the Supreme Court of the Republic of Uzbekistan within the system of separation of powers are indicated. In order to analyze the current state, the author briefly shows the role of constitutional justice. Taking into account the specifics of the functional purpose, powers and legal consequences caused by the adoption of final decisions, the Constitutional Court occupies a special place not only within the judicial system, but also in the whole mechanism of exercising state power in our country, which allows it to be considered as an independent and independent body of state power, standing from the point of view of its constitutional and legal status on a par with President, parliament and government. Analysis of the current state of constitutional review allows us to note the following. The control carried out by the Constitutional Court needs to improve its legal framework and the practice of exercising constitutional control. The absence of the proper determination of the legal framework of the interaction of Constitutional Court with other state bodies makes constitutional review ineffective. The issues of introducing the consideration the gaps in law by the Constitutional Court, granting citizens right to apply to the Constitutional Court were considered. The author claims that when introducing this practice, the analysis of the experience of foreign countries is especially relevant. In conclusion, measures to improve the cooperation of the Сonstitutional Court with state bodies of Uzbekistan, taking into account the peculiarities of its constitutional and legal status are proposed.