International Legal Provisions Research Articles

Social conditioning of criminalization of offenses qualified as collaborative activity

One of the types of social relations that arose during the war in Ukraine is relations with the occupiers, which can be carried out both within the legal field and be an illegal, criminal manifestation in the form of cooperation with the enemy and assistance to him. Such illegal nature of relations with the occupiers is considered a collaborative activity. The legislator was faced with the task of determining the composition of such an offense and establishing the punishment for actions that constitute collaborationism. Despite a fairly large number of studies of individual and complex issues of criminal liability for collaborative activities, a number of questions remain open.
 The purpose of this study was to establish the social conditions and the existence of the necessary grounds for the criminalization of socially dangerous acts that constitute collaborative activity.
 In the theory of criminal law, it is clearly established which factors must be taken into account when deciding on the criminalization of a particular illegal act - they are defined as the grounds for criminalizing illegal acts: the existing (real) social danger of the act; its relative prevalence; the need for a criminal legal guarantee; fulfillment by the state of international legal obligations The above research allows us to assess the social conditionality of the criminalization of collaborative activities. First, taking into account the importance of the protected order of social relations, which is encroached upon by collaborative activity, actions containing signs of such illegal activity are socially dangerous. Secondly, official statistical data on the number of registered cases of collaborative activity and persons prosecuted under Art. 111-1, testify to the sufficient prevalence of collaborative activities on the territory of Ukraine. Thirdly, collaborative activity should be punished most severely, namely by establishing criminal liability for it. And, fourthly, the establishment of criminal liability for collaborative activities correlates with the provisions of international legal acts and ensures Ukraine’s fulfillment of relevant international legal obligations.

Can a color be a trademark?

The publication updates the issue of intellectual property of colors and highlights the main changes regarding non-traditional trademarks that have taken place in the world in recent years. The article examines the American, European, and Ukrainian practice of registering colors as non- traditional signs and analyzes the conditions of intellectual property protection in the era of the post-industrial digital society. It is noted that today many companies consider one or more colors to be characteristic features of their brands and seek to protect them from appropriation. And it is not surprising. Marketing methods evolve and keep up with the times. All professional marketers know the influence colors have on people and actively use them [1, p. 4]. They are increasingly playing with clip thinking and the cognitive functions of the human brain. Color is the first thing that the consumer pays attention to. His initial judgments are based on this characteristic. Only then does he see the form and content of the product. Even after a detailed study of the product, the consumer will be actively influenced by the color, because for many, the color of the package is an indicator of quality. In the 21st century, every company tries to create such associations with its brand that are better remembered and emphasize its uniqueness and excellence in the conditions of the information society. The practice of «appropriating» colors is closely related to the struggle of brands for recognition among their target audience and attracting new ones. Obtaining protection for such a specific trademark under trademark law is not easy. De jure, a trademark in the form of a single color or a combination of colors is possible. However, there is still little guidance on the requirements for valid color stamps. That is why there are special difficulties in sufficiently accurate display of such signs.
 The work includes an overview of the main provisions of international legal acts: the Paris Convention on the Protection of Industrial Property Rights, Regulation (EU) No. 2017/1001 of the European Parliament and of the Council of June 14, 2017, on the European Union trademark, the Langham Act (the US Trademark Act ), etc. Several international precedents are also examined: from Owens Corning defending its shade of pink in 1985 to Nestle's battle against Cadbury over a variant of purple. The article notes what criteria must be met by non-traditional trademarks and how Western countries fight the monopolization of colors.

Freedom of Religion or Belief as a Legal Value in Contemporary Discourses on Human Rights

The article examines understudied dimensions of the interpretation of human rights in Ukrainian science, highlighting their key role in shaping the contemporary objectives and orientations for the right to freedom of religion or belief. This work reveals the main provisions regarding the definition and legal safeguarding of religious freedom in each of the modern approaches to the interpretation of human rights: the Sustainable Development Goals, the capability approach, decolonialism and the feminist approach.Along with the classical framework of international human rights law, these approaches broaden the spectrum of perspectives on realizing the right to freedom of religion or belief. The Sustainable Development Goals consider religious freedom in terms of achieving the well-being of present and future generations and leaving no one behind. The capability approach complements the formal definition of the right to religious freedom, with the individual’s actual ability to exercise such a right. Decolonial and feminist studies provide a thorough critique of established notions of law, deconstructing and reconstructing them through analysis of the rights and needs of women, indigenous peoples, and other marginalized groups.Despite individual features in the interpretation of legal and social phenomena, all approaches (sustainable development, the capability approach, decolonialism, feminism and anti-discrimination) share one common characteristic: they offer an alternative point of view on the established relationships that exist in specific societies. The feminist approach, for example, is closely intertwined with the approach of decolonialism. In particular, in the case of wearing religious clothing, the choice of whether or not to wear such attire should be left to the women who are required to wear it, not to human rights defenders or arbitrators from other countries or institutions who can decide for the women that wearing religious clothing violates their rights.This research focuses on human rights, particularly freedom of religion, which is partly perceived through the Western, European-American vision of human rights. On the contrary, the abovementioned critical approaches present a new vision of established international legal provisions. It should be emphasized that critical does not mean negative. Through such critical thinking, the law has an opportunity to evolve and become more attuned to specific concepts or ideas. The view from within a particular societal group allows to provide a more objective understanding and interpretation of the human right to freedom of religion or belief.

Wage Theft of Nepali Migrant workers in Destination Countries: Grave Violation of Migrants’ Right

Wage theft is the grave violation of human rights and labour law of migrant workers which varies with background characteristics of migrants. Despite the international and national legal and policy provisions, the issue of wage theft has been increasing over time which compounds with the humanitarian crisis. The main objective of this article is to examine the drivers of wage theft of Nepali migrant workers at destination countries. Cross sectional design was used in this study in which 241 Nepali migrants were interviewed who were returned from Gulf Cooperation Council (GCC) countries, Malaysia and other countries. Of the total respondents majority were from age group 25-29 (26.14%), from Janajati caste (38.17%), married (78.42%) and from Koshi Province (33.20%). The duration of stay, documentation status, status and places of case filing of Nepali migrant workers has the strongest effect on implementation of salary agreement [24 months and above (OR=20.397, CI: 4.345-95.739), undocumented status is significantly lower i.e. (OR=0.278, CI: 0.147-0.526), and the absence of case file (OR=7.362, CI: 3.437-15.768)]. Similarly, the unpaid status of Nepali migrant workers is also significantly associated with duration of stay and caste/ethnicity [6-12 months (OR=16.6333, CI: 2.548-108.589) and Dalit (OR=0.763, CI: 0.202-2.885),]. The level of education and knowledge on minimum salary is also significantly associated with coercive working situations [lower secondary (OR=0.047, CI: 0.012-0.178) and having no knowledge (OR=0.993, CI: 0.509-1.938)]. The study reveal the fact that the prevalence of wage theft among Nepali migrant workers is high among migrant living in longer period of time, migrants with knowledge on minimum salary, illiterate migrants, undocumented, migrants without agreement paper, and low paid migrants. For improving both working situation and full with timely payment, the migrant sending and receiving countries need to adopt proper legal and policy provisions with their effective execution.

Legal framework for the prevention of torture: national and international levels

The article examines the global problems of our time related to the implementation and protection of human and civil rights and freedoms in Ukraine. The authors conducted a comprehensive analysis of national legislation and international treaties that influence the implementation of human rights. It is established that the European integration path chosen by Ukraine and the desire to implement the assistance of our state in the world and European communities requires the harmonization of national legislation in accordance with the provisions of international legal acts. The article defines that the topic of prevention and avoidance of torture, as well as other cruel, inhuman or degrading treatment or punishment, is becoming relevant in the current conditions. In addition, the study focused on normative legal acts, based on which the relevant state bodies, organizations, institutions, and public formations should carry out their activities to prevent these illegal acts. In Ukraine, the problem of ensuring human rights and freedoms in the current conditions is of particular importance, because the institution of restriction of human rights and freedoms, since the military invasion of the russian federation, occupies a prominent place among other legal institutions. Examples of judicial practice of the European Court of human rights in the field of protection from torture are described and analyzed. The authors have shown that the right to prohibit torture, inhuman or degrading treatment or punishment, is a basic international standard and is recognized as a crime by the entire civilized international community. The article analyzes international legal instruments, provisions of the Constitution of Ukraine and domestic legislation for their compliance with international treaties in this aspect.

Ensuring the human right to an adequate standard of living: accents of modern legal regulation, practice of the Сonstitutional court of Ukraine and prospects for its improvement

The article is devoted to the research of the essence of the human right to an adequate standard of living, problematic issues, and prospects for improvement of its ensuring in Ukraine. Some doctrinal sources, provisions of international legal acts, constitutional legislation of Ukraine and foreign countries, and judgments of the Constitutional Court of Ukraine are analyzed. The research is based on systematic, comparative-legal, formal-logical, formal-legal, statistical, and prognostic methods, methods of analysis and synthesis, etc. Found that the human right to an adequate standard of living is a constitutional, basic, social right of every physical person, which is guaranteed by Article 48 of the Constitution of Ukraine, as well as international universal, and regional standards and relevant acts regulating basic human rights and freedoms. This right includes the possibility to satisfy not only basic physiological (material) needs – adequate food, clothing, household, housing, etc., but also spiritual ones – education, faith, self-realization, etc. The criteria of a decent life, the components of the human right to an adequate standard of living, the institutional basis of implementation, and the system of guarantees of its ensuring are allocated. Therefore, the human right to an adequate standard of living is correlated with other rights - to life, health care, medical aid, medical insurance, and housing. The analysis of the practice of the Constitutional Court of Ukraine, in particular, decisions in cases about social guarantees of citizens, the minimum wage (tariff rate), discrimination in the implementation of the right to housing, about guaranteed pension provision, which is the main source of existence, not lower than the living wage, allowed us to pay attention on actual aspects of the components of the researched law, its effectiveness, constitutionality and legislative modernization. Emphasizing the current state of ensuring the studied right, the authors argued the need to improve the financial well-being of the population by increasing the living wage and the minimum wage in Ukraine, overcoming poverty, especially among the elderly. In particular, the need for systematic and effective implementation of the state anti-corruption and tax, humanitarian policy was emphasized. The success of such measures in order to increase the social protection of citizens, and the transformation of all spheres of life are key requirements for Ukraine's accession to the EU, which leads to an urgent process of amending and alterations to the laws and by-laws of Ukraine, improving law enforcement practice, increasing legal culture and consciousness, responsibility. It is useful to take into account the successful experience of foreign states (in particular, Germany, Switzerland, Belgium, etc.), strategies, and results of reforms in this area. Key words: human rights, right to an adequate standard of living, international standards, decent standard of living, social protection, practice of the Constitutional Court of Ukraine, constitutional guarantees.

Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights

The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts that enshrine the right to freedom of movement, in particular, the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the American Convention on Human Rights (1969), the African Charter on Human and People’s Rights (1981), the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and Protocol No. 4 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The guarantees provided for in the above-mentioned acts and permissible cases of restriction of the right to freedom of movement were analyzed, as well as the criteria for compliance with which such a restriction would be considered legitimate were identified: legality; existence of a goal; necessity. The author has researched the approaches of the UN Human Rights Committee and the European Court of Human Rights to the understanding and interpretation of the mentioned criteria. Based on the analysis of the practice of the European Court of Human Rights on issues of verification of the legality of restrictions on the right to freedom of movement, it is substantiated that interference with the right to freedom of movement will be admissible if it is carried out only on the basis of the law, necessary in a democratic society with a legitimate aim (to protect state security , public order, health or morality of the population or the rights and freedoms of other persons, etc.), the interpretation of each of these requirements by the European Court of Human Rights is given, conclusions are drawn regarding the need to take them into account in national law-making and law-enforcement practice.

The Relationship Between Public International Law And Domestic Law In The International Perspective and the Effects on it due to Globalization

This research, titled "The Relationship between Public International Law and Domestic law in the Perspective of Treaties and International Caselaw and the Effects of Globalization - Analytical Study-" tries to highlight the relationship between public international law and domestic law from the point of view of international treaties and international caselaw, through the judgments of international arbitration, Permanent Court of International Justice and the International Court of Justice, as well as the positions of international criminal tribunals, and it examines the changes in this relationship as a result of the effects of globalization.
 Through this endeavor, it was concluded that the position of international treaties has been and continues to prevail over domestic laws when there is a conflict or collision between their rules, and along with international legal provisions, there is an abundant caselaw that have supported the position of international treaties in this regard. Moreover, globalization has affected the relationship between public international law and domestic law by trying to unify international legal rules and domestic laws, and then work to build a unified legal block that is not assigned to a specific geographical spot.

Legal consolidation of intellectual property as a component of terminology

In the work, the author determined the relevance of the topic of scientific research. It was noted that the principle of studying intellectual property as an independent legal term is determined by: first, the general methodological importance of studying and improving the concepts and categories of jurisprudence, as well as the terminology used in acts of law-making, legal interpretation and law enforcement; secondly, the existing shortcomings of its terminological consolidation in the provisions of both international law and Ukrainian legislation; thirdly, the doctrinal uncertainty of intellectual property as a component of the conceptual and categorical apparatus of legal scienceThe perspective of using the value-legal approach, which was taken as a basis for the study of intellectual property as a special value-legal phenomenon, has been proven, which will allow not only to determine the key properties of intellectual property, but also to put them in the basis of an improved conceptual definition and terminological consolidation. The state of scientific development of the subject of the article has been established. Based on the analysis of the state of the terminological consolidation of intellectual property, which is presented in the provisions of international legal acts and acts of the legislation of Ukraine, a critical assessment was given to it, and shortcomings were identified. It has been established that the vast majority of scientists approach the understanding of intellectual property from the point of view of opposite theories - proprietary and exclusive rights theory. Moreover, even in legal science, scientists are already debating whether these theories relate to intellectual property or, after all, to the theory of intellectual property rights.It is summarized that the current state of the terminological definition of the concept of “intellectual property” reflects: first, the value perception of intellectual property as something that requires personalization and definition of the range of rights of subjects, with the aim of its potential legal protection and possible legal protection; secondly, intellectual property is considered as the result of creative activity, which can be carried out only by a person due to his creative (intellectual) abilities; thirdly, the lawmaker clearly defines the spheres of a person’s creative activity, where the result will be intellectual property, which includes industrial, scientific and artistic property; fourthly, intellectual property is understood through the prism of the personified right of the relevant subjects, which refers to the results of creative activity in the industrial, scientific and artistic spheres.

THE PRINCIPLE OF PROTECTING HUMANS FROM MEDICAL EXPERIMENTS AND EXPERIENCES

The article presents the main international legal provisions on which the principle of human protection from medical experiments and experiments is based. The dynamics of the principle formation is traced from general theses to special norms that monitor the inadmissibility of illegal donation of human biomaterial. The penetration of medical innovations into the legal space and public legal awareness should be based on a clearly verifi ed concept of biosafety development. The human right to dispose of his body, the freedom to choose a safe model of personal behavior should be integrated into the existing value system of the state. The unity of the approach to determining the standard of human security should be based on universal approaches of international law, however, we recognize the need to create a unique and authentic mechanism for protecting individuals from medical experiments and experiments in the Russian Federation, with the aim of further dissemination of legislative and law enforcement.

Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights

The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts that enshrine the right to freedom of movement, in particular, the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the American Convention on Human Rights (1969), the African Charter on Human and People’s Rights (1981), the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and Protocol No. 4 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The guarantees provided for in the above-mentioned acts and permissible cases of restriction of the right to freedom of movement were analyzed, as well as the criteria for compliance with which such a restriction would be considered legitimate were identified: legality; existence of a goal; necessity. The author has researched the approaches of the UN Human Rights Committee and the European Court of Human Rights to the understanding and interpretation of the mentioned criteria. Based on the analysis of the practice of the European Court of Human Rights on issues of verification of the legality of restrictions on the right to freedom of movement, it is substantiated that interference with the right to freedom of movement will be admissible if it is carried out only on the basis of the law, necessary in a democratic society with a legitimate aim (to protect state security , public order, health or morality of the population or the rights and freedoms of other persons, etc.), the interpretation of each of these requirements by the European Court of Human Rights is given, conclusions are drawn regarding the need to take them into account in national law- making and law-enforcement practice.

The role of family mediation in the prevention of domestic violence

The relevance of the topic of scientific research is determined by the acuteness of the problem of domestic violence and the need to improve comprehensive measures to prevent and counter violent behavior in the family, household, and family. Under these circumstances, the article is devoted to the study of family mediation as an innovative means of solving family conflicts, which in a certain way makes it possible to level the causes and risks of the formation of polyphonic deep conflict domestic violence and, accordingly, serves as a significant factor in reducing the scale of domestic violence. Methodological tools are chosen in accordance with the set goal, specifics of the object and subject of research. The provisions of domestic and international legal acts in the field of mediation are analyzed. It has been established that mediation is one of the forms of alternative dispute resolution. The functions of family mediation are outlined and the stages of the mediation procedure are separated. The advantages of family mediation are revealed and the inadmissibility of using mediation in cases of domestic violence is emphasized.It is noted that family mediation is a powerful resource in the settlement of real or potential disputes, which thus contributes to the establishment of productive interaction between participants in family and family relations. The obtained results of the study made it possible to reach a conclusion about the expediency of using family mediation as a separate direction of prevention of domestic violence.The provisions set out in the scientific article can to be used in: − the scientific and research field – for the development of relevant areas of mediation and for the further development of this scientific area; – in the educational process – for the preparation of lecture materials, coursework, diploma theses in the academic disciplines “Civil law”, “Family law”, “Actual problems of combating domestic violence”, “Criminology”, “Legal psychology”; “Preventive psychology”; – the right to applicable activity – to improve and improve the practical activity of subjects who carry out measures to implement state policy in the field of prevention and countermeasures against domestic violence.

Foreign experience of the constitutional and criminal law prohibition of torture

The subject of research in this article is the long-term experience of a number of countries of the modern world summarized by the author in the field of legislative regulation of criminal liability for torture in many of its manifestations. In addition, the relevant international legal provisions, which are the legal basis for combating torture in national legislation, acted as such. In particular, we are talking about the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since the prohibition of torture is absolute, comprehensive and constitutional, which is reflected in a number of state constitutions, the subject of the study was the norms of the basic laws of a number of countries. The scientific novelty of the work lies in the fact that in the article, based on the analysis of the palette of legal definitions of torture existing in foreign law – from brief, reflecting only its main properties, to detailed, descriptive ones, the author's vision of the grounds for distinguishing between these definitions is determined, heterogeneous approaches to understanding how the object of torture, as well as its subject, to determine the place of this crime in the structure of the Special Part of Criminal Laws.

THE ROLE OF INTERNATIONAL LAW IN EXPORT IMPORT ARRANGEMENTS AND ITS IMPACT ON THE ECONOMY IN INDONESIA

International law plays a crucial role in the lives of the international community. Its role is essential in the current era of globalization to bridge any existing issues. Through international legal provisions, states prevent disputes from arising and settle those that have already occurred. In practice, international trade is often equated with exports and imports. Considering the increasingly complex processes of export and import, it would be challenging to apply the regulations of only one country. That is why international law exists, to provide solutions in minimizing differences in regulations between parties. The processes of unification and harmonization of laws come into play. The research questions in this study are: What is the role of international law in regulating exports and imports in Indonesia, and what is the influence of export-import activities on Indonesia's national economic growth? The research method used is normative juridical with a descriptive-analytical research specification. From the results of this study, the following conclusion is obtained: The legal aspects of international trade agreements for exporting and importing goods in Indonesia involve contractual aspects in accordance with the Civil Code Book III on obligations and principles of international law regulated in the Vienna Convention of 1986 and UNIDROIT on the harmonization of international civil law. Meanwhile, the organization of exporting and importing goods follows the provisions issued by the Indonesian government regarding export-import payment procedures and implementation methods in accordance with foreign exchange laws.

Phenomenology of domestic violence

The issue of combating domestic violence is one of the most important in today's conditions, both in Ukraine and throughout the world, because violence is recognized as violating human rights. In order to improve the situation and implement mechanisms for combating domestic violence at the international level, a system of international legal protection of the rights of persons, affected by this phenomenon has been created. The purpose of the work is to assess and study the provisions of international legal acts aimed at combating domestic violence. The research methodology is a complex of methods: historical, comparative-legal, descriptive, systemic-structural, dogmatic, sociological and modeling, induction and deduction, and philosophical method. As a result of the study, an analysis of the features of the emergence and development of international legal regulation in the field of combating domestic violence was carried out, in particular, the system and features of individual international acts aimed at regulating relevant relations are considered. Also, the criminal law rules regulating the fight against domestic violence were analyzed. Attention is drawn to the development and experience of the criminal-legal response to the investigated phenomenon in the international community and its transformation in modern conditions. The possible directions of the development of international legal regulation regarding the criminal legal response to domestic violence in Ukraine and the world have been determined.

International protection of persons with disabilities in risk situations

The article analyzes the provisions of international legal acts on the protection of the rights of persons with disabilities in situations of risk (the Convention on the Rights of Persons with Disabilities of 2006, the Charter on inclusion of persons with disabilities in humanitarian action of 2016, UN Security Council resolutions, etc.) It is indicated that the Convention on the Rights of Persons with Disabilities has changed the approach to disability: persons with disabilities are recognized not as objects of medical care and charity, but as holders of rights; this human rights-based approach to disability requires a new understanding of international humanitarian law, refugee law and emergency response mechanisms for persons with disabilities. The factors that increase the vulnerability of persons with disabilities in risk situations are identified, such as: the difficulty of self-evacuation; inaccessibility of information about evacuation routes, shelters and safe places, humanitarian assistance, warnings due to sensory impairments (blindness, hearing impairment) etc. The gaps in the national legal framework in this area are highlighted, in particular: the lack of specific measures to ensure the safety of persons with disabilities and various health disorders in risk situations; the lack of simultaneous visual and voice warning systems in public places and services; the lack of emergency accommodation for persons with disabilities; the lack of periodic risk assessments and measures to collect disaggregated data to identify and eliminate specific risks etc. The author highlights the measures aimed at ensuring the rights of persons with disabilities in risk situations: promoting the protection of persons with disabilities in conflict-affected areas, including their evacuation; taking into account the needs of persons with disabilities in evacuation plans and ensuring their accessibility; ensuring that the needs of persons with disabilities are fully taken into account in the provision of humanitarian assistance; providing persons with disabilities with access to emergency accommodation in risk situations, etc.

Establishment of international legal regulation on the criminal-legal combat against domestic violence

The issue of combating domestic violence is one of the most important in today's conditions, both in Ukraine and throughout the world, because violence (including domestic violence) is recognized as violating human rights. In order to improve the situation and implement mechanisms for combating domestic violence at the international level, a system of the international legal protection of the rights of victims of domestic violence and combating domestic violence has been created. The purpose of the work is to assess and study the provisions of international legal acts aimed at combating domestic violence. The research methodology is a complex of methods: historical, comparative-legal, descriptive, systemic-structural, dogmatic, sociological and modeling, induction and deduction, and philosophical method. An analysis of the features of the emergence and development of international legal regulation in the field of combating domestic violence was carried out, in particular, the system and features of individual international acts regarding the detection and response to cases of domestic violence are considered. Also, the criminal law regulations regulating the fight against domestic violence were analyzed. Attention is drawn to the development and experience of the criminal-legal response to domestic violence in the international community and its transformation in modern conditions. The possible directions of the development of international legal regulation regarding the criminal legal response to domestic violence in Ukraine and the world have been determined.

Transnational Smuggling of Migrant Workers from International Law Perspective

Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.

Legal justification for the prevention of corruption risks associated with the participation of state civil servants in the management of commercial organizations

The purpose of the article is to investigate the problem of preventing corruption risks associated with the participation of state civil servants on a gratuitous basis in the management of organizations and enterprises of various forms of ownership.The objectives of the article are to study the cases of participation of persons holding public positions in the management of a commercial or non-profit organization allowed by the legislator. To consider the external and internal corruption risks associated with the participation of state civil servants on a gratuitous basis in the management of organizations and enterprises of various forms of ownership, to clarify the causes of their occurrence.The practical result of the study is that, based on the provisions of Russian and international legal acts, in particular ISO 26000, ISO 37000, ISO 37001 and ISO 37002 standards, a list of measures and conditions for preventing corruption risks associated with the participation of state civil servants on a gratuitous basis in the management of organizations and enterprises of various forms of ownership has been developed.

Punishment as an object of scientific research: challenges and prospects

Is devoted to the study of the legal phenomenon of punishment from the perspective of the general theory of law. It argues the need for an integrated approach to identifying the most important characteristics of punishment, considering its historical roots, etymology of the term and development trends. Relying on dialectical methodology, the author examines the prerequisites for the formation of the social institution of punishment, starting with the emergence of the first taboo and/or prohibitions. The conclusion determines the universal nature of the phenomenon of punishment, which applies to any negative sanctions implemented as measures of legal responsibility in both public and private law. The work substantiates an increased relevance of the issue of adequate understanding of legal punishment in national and international law. Three groups of interaction of punishment with other legal phenomena (means) are differentiated; they are interaction with similar phenomena that include punishment (group 1), interaction with phenomena that functionally contribute to the consolidation and implementation of punishment (group 2) and interaction with phenomena that have an auxiliary effect on consolidation and implementation of punishment (group 3). The lack of consistency (unified strategy) in law-making and law enforcement decisions in relation to the system of punishments and its dynamics have been demonstrated. The institutional features of the system of punishments in the Russian Federation, subject to a general theoretical analysis, have been determined. Approaches to the definition of the legal meaning of impunity as an independent category of jurisprudence are considered. The author gives his point of view on the issue of the forms and content of impunity and substantiates the need for its further study. In addition to domestic and foreign doctrinal and reference publications, the provisions of international legal acts, national legislation and materials of judicial practice are used as a source base. The author formulates proposals regarding the directions for further research of the category punishment in the general theory of law.