Latest Legislative Changes Research Articles

Ретроспективный анализ института обязательных требований

The article analyzes the formation and development of the institution of mandatory requirements and what legal relations were regulated by it. It is noted that the term “mandatory requirements” is not new to Russian legislation, but it has been mentioned in the Soviet period. Despite the noted long-term experience, the regulation of mandatory requirements has undergone serious changes even during the recent history of the Russian Federation. Taking into account the identified trend, as well as on the basis of an analysis of current legislation, the author concluded that the legislator could not determine his understanding of mandatory requirements, and therefore, even with the latest legislative changes, significant legal gaps and contradictions were allowed.

Analysis of Saudi Arabia's Legislative Reforms to Strengthen Compliance with The Convention on the Rights of the Child and SDGS: Enhancing Online Protection for Future Generations

Objectives: The goals of this research are to examine and review the recent law changes implemented by Saudi Arabia regarding the safeguarding of children from online dangers and determine their consistency with the International Convention on the Rights of the Child and sustainable development goals (SDGs). Method: The study utilizes a comparative analytical methodology, examining legal literature and international conventions pertaining to child rights and assessing Saudi law articles and recent revisions. Results and Discussions: The findings suggest that latest legislative changes in Saudi Arabia have enhanced the safeguarding of children's rights and achieved a higher level of compliance with international agreements and SDGs. Furthermore, it is crucial to promote collaboration between governmental and non-governmental organizations to provide comprehensive support to children in terms of their rights and protection from online risks, considering the rapid advancements in technology. Research Implications: The investigation emphasizes the significance of regularly updating legislation to keep up with technological progress. It also stresses the necessity of combining legal frameworks with educational programs and media campaigns to safeguard children in the digital era. Originality or Value: The present study offers a comprehensive examination of the legal changes made in Saudi Arabia to safeguard children from online dangers and assesses how well these changes match with global norms. The statement emphasizes the significance of incorporating legislation, media, and education in order to tackle the digital difficulties that children encounter.

National Mentality and Its Role in Resolving Legal Conflicts (On the Example of Courts of Aksakals of the Kyrgyz Republic)

This article is devoted to the issues of national mentality in resolving legal conflicts. The article examines the theoretical aspects of the national mentality and its content. The main part of the article is devoted to the Kyrgyz mentality and the peculiarities of the attitude of its bearers to the forms of resolving legal conflicts. At the same time, special attention is paid to the courts of aksakals as bodies for resolving legal conflicts in the Kyrgyz Republic. The peculiarity of the courts of aksakals is defined in the article by the fact that they do not belong to the state justice system, i.e. they are not part of the judicial system of the Kyrgyz Republic and are public bodies. The article analyzes the principles and procedures underlying the courts of aksakals, as well as their role and impact on dispute resolution and conflict resolution. Special attention is paid to the importance of these courts in maintaining social stability and respecting traditional norms and values. It is determined that the courts of aksakals have a positive impact on the unloading of state courts, thereby indirectly affecting the quality of decisions made by the latter. The article shows the differences in the national mentality in resolving legal conflicts within the framework of the courts of aksakals, depending on the region of the country, gender issues and categories of cases. The main directions of reforming the institute of courts of elders according to the latest changes in legislation are outlined. It has been established that despite the fact that there are some positive changes in the legislation concerning the courts of aksakals, the attitude of citizens of the Kyrgyz Republic towards the courts of aksakals currently remains ambiguous.

Smuggling “in the new way” or analysis of the latest legislative changes

The article examines the changes made to the CC by the Law of Ukraine “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine regarding the criminalization of smuggling of goods and excise goods, as well as false declaration of goods” dated 09.12.2023 № 3513-IX. It not only brought back criminal responsibility for smuggling of goods as an independent component of the crime, also made several other changes to Chapter VII of the Special Part of the CC. The purpose of this article is to analyze the legislative amendments regarding the recriminalization of smuggling of goods, excise goods and to develop a proposal for further improvement of the provisions of Art. 201, 201-1, 201-3 and 201-4 of the CC.
 The analysis of the novels made it possible to establish that, on the one hand, the recriminalization of the smuggling of goods is a rather successful decision of the legislator, since for a long time it was an urgent need that both scientists and practitioners talked about. On the other hand, the adoption of Law № 3513-IX, first of all, violated the system of norms located in Chapter VII of the Special Part of the CC. It seems that in Art. 201 of the CC should establish criminal liability for smuggling of goods, while in Art. 201-1 of the CC should provide for criminal liability for the smuggling of goods that have specific conditions for their export/import (excise goods, timber or lumber of valuable and rare tree species, unprocessed timber), as well as items that are prohibited to be exported from Ukraine (cultural values, other timber that is prohibited for export outside the customs territory of Ukraine). Provisions on the smuggling of other items should be fixed in Chapter IX or XIII of the Special Part of the CC of Ukraine. It is not possible to agree with the minimum amount of contraband goods established by the legislator, which is related to their total value. The sanction for smuggling goods is subject to criticism, as it does not take into account the requirements of Part 2 of Article 53 of the CC. There is also a question regarding the final punishment in cases of smuggling of goods and other items provided for in Art. 201, 201-1 and 201-4 of the CC. It is also appropriate to exclude points 1 and 2 of the footnote to Art. 201 of the CC, which provides definitions of methods of committing the smuggling of any items.

Legal problems of the production of agricultural raw materials for baby food

The article analyzes modern legal problems of the production of agricultural raw materials for baby food in Ukraine, taking into account the latest legislative changes in the field of baby food production, organic agricultural production, state control over the use of genetically modified organisms in the manufacture of food products.
 It has been established that the improvement of the legislation in the field of child nutrition should be carried out by making amendments and additions to the Law of Ukraine «On Child Nutrition» in order to bring its prescriptions into line with EU requirements, and not to cancel the specified special Law. Given the specifics of baby food and the importance of guaranteeing its quality and safety, replacing a separate special law with one article in the Law of Ukraine «On Basic Principles and Requirements for the Safety and Quality of Food Products» is hardly expedient.
 Taking into account the specific legal nature of a personal peasant economy, the author proves that persons who run such an economy can produce raw materials for baby food products, subject to compliance with legal requirements for the quality and safety of such raw materials. Based on the latest legislative changes in the field of legal provision of biosafety of Ukraine, the article proposes to legislate the possibility and necessity of using organic agricultural products as raw materials for baby food before creating an effective system of state control in the field of use and circulation of genetically modified organisms.
 In order to ensure the constitutional right of the child to sufficient, high-quality and safe nutrition, the author considers it expedient to conduct in-depth scientific research on these issues and make appropriate scientific conclusions and recommendations on improving the current legislation in this area, taking into account the requirements of EU legislation on the adaptation of the national agricultural, food, environmental and other legislation regarding the production of agricultural products for baby food.

Страховий ринок, ринок страхування і ринок страхових послуг: наукові погляди, нове розуміння і визначення

Educational programs need to be updated and improved, taking into account the latest legislative changes to correctly reflect the transformations of financial services markets and the evolution of the main concepts of financial science. This affects the quality of educational training, the scientific component in higher education institutions of Ukraine, and the professional competence of future practitioners and scientists. The article aims to reveal, improve the essence and formulate the definition of the concepts of the market of insurance services, insurance market, and market of insurance, taking into account the new legislation in the insurance field and achievements of financial science. The methodological basis of the research is the position of the theory of open economy, as well as the methods of system analysis. The study includes four sections: the first section provides a brief review of scientific works on the definition of the insurance market; the second section contains the analysis of Ukrainian insurance legislation regarding the insurance market; the third section presents the quantitative calculations and a new understanding of basic concepts; in the last subsection, the authors explain how the concepts of the insurance market and the market of insurance services differ, highlight the activities of the regulatory bodies of the insurance market, and show the unresolved problem of insurance guarantees in the market. The analysis points to the still unsolved problem of state guarantees of returning insurance premiums to clients if the insurer ceases insurance activity. In this regard, the expediency of creating the Insurance Guarantee Fund, which should become a participant in the insurance market, is argued. It was found that the concepts of the market of insurance services and the market of insurance are identical. The concept of the insurance market covers the market of insurance and is distinguished by the fact that there are regulatory bodies in the insurance market. Based on the provisions of the open economy theory and the analysis of behavioral aspects of market participants, the work proposes new definitions of the concepts of the market of insurance services and the insurance market.

THE PLACE OF STATE TAX ADMINISTRATION OF GEORGIA IN THE FISCAL POLICY AND ITS INFLUENCE ON THE ECONOMIC DEVELOPMENT OF THE COUNTRY

The presented work is the first in-depth scientific- monographic research about the problems of the tax administration system of Georgia, considering the latest legislative changes (for the period January 1, 2016). The book examines the tax administration mechanism in developed countries, there is analyzed the mechanism of tax administration system in Georgia, according to which is identified its disadvantages. There is explained some vague articles of tax code of Georgia. There are proposed recommendations about measures, which should be carried out in order to increase tax culture and improve tax administration system of Georgia, considering national peculiarities and use of foreign experience. The book is proposed to economist scientists, students and the wide group of people who are interested in the problems of tax administration system of Georgia.

Survey—Competition Law Enforcement in the Fashion and Luxury Sector

Following the technological development and the increase of online sales triggered by the Covid-19 pandemic, the fashion and luxury industry has grown enormously, becoming the fourth largest sector of the global economy.1 With this development, the relevance of competition law and the awareness thereof has also increased significantly. The fashion and luxury industry has been facing increased exposure to competition law enforcement over the past years with significant impact on the sector’s business models.2 This survey sets out the European Commission’s (Commission) and national competition authorities’ (NCAs) enforcement practices of Article 101 of the Treaty of the Functioning of the European Union (TFEU) with a focus on 2020–2022 and under consideration of the latest legislative changes (Section II). Article 101 TFEU prohibits anticompetitive agreements between competitors, referred to as horizontal agreements, as well as between companies operating at different levels of the distribution chain, referred to as vertical agreements. The focus is particularly on vertical agreements between brand owners and their distributors and resellers, as those agreements play a key role in the fashion and luxury industry. An overview of the recent decisional practice over the past 3 years is also provided with regard to Article 102 TFEU which prohibits the abuse of dominant position but which played so far no major role in the fashion and luxury industry (Section III). Section IV addresses the recent developments with regard to transactions subject to merger control rules in the fashion and luxury sector.

Проблема деэкологизации природоохранного законодательства России и Казахстана в контексте формирования эколого-безопасного пространства ЕАЭС

Introduction. The article analyzes the legal norms of Russia and Kazakhstan – the countries-members of the Eurasian Economic Union (EAEU). Materials and Methods. The legislation of these two EAEU countries on environmental protection and rational use of natural resources was considered within the framework of a risk-oriented approach. Special emphasis is placed on legislation on specially protected natural areas, resorts and other unique natural objects and complexes. Along with the current national law, the practice of its application is considered, as well as the current and possible rule-making in the future. Analysis. The article examined the current legal norms that contribute to the emergence of corruption, as well as developed practical recommendations aimed at overcoming this negative trend. The authors state attempts to lobby individual financial and economic groups for their commercial interests in the field of lawmaking, which at the current stage leads to the de-ecology of national legislation in the EAEU countries. This trend is illustrated by an example of the latest changes in legislation on specially protected natural areas in Russia and Kazakhstan, as well as active attempts to change legislation towards the liberalization of the protection regime. Similar trends in the deecologization of environmental and natural resource legal norms in the two EAEU countries are revealed. Results. It was concluded that the flaws in environmental policy in the post-Soviet countries entail insufficiency and inconsistency of the newly adopted norms. The authors identify such deficiencies and indicate their possible negative consequences for law enforcement. Options for solving existing and potentially possible problems in the EAEU countries are proposed, with a concurrent consideration of the possibility of receiving such solutions by other states at the stage of their economic integration within the Union.

Intersectoral Re-qualification of Contracts: Recognition of Labor Relations Associated with the Use of Personal Labor and Arising on the Basis of a Civil Law Contract (Practice of Courts of General Jurisdiction and Arbitration Courts)

The article analyzes the latest changes in legislation and judicial practice of courts of general jurisdiction and arbitration courts in disputes on the recognition as labour relation those relations arising on the basis of a civil law contract, and also in disputes on the intersectoral reclassification of contracts. Arguments are given in favour of the position on the consideration of disputes on challenging the decisions of the Social Insurance Fund on the reclassification of civil contracts for labour contracts exclusively by courts of general jurisdiction; arguments are given regarding the clarification of the actual will of the parties when registering relations, and also about the need to amend the resolution of the Plenum of the Supreme Court of the Russian Federation regarding the indication that the existence of an employment relationship is determined on the basis of facts confirming the performance of work and payment of remuneration to an employee, and when the court interprets the contract, preference is given not to the formal side of the contract and the literal meaning of words and expressions, but to the actual will of the parties, which is implemented in the relations that have actually developed between the parties.

Мain Trends in Ukrainian Labour Legislation in the Context of the Digital Economy

Introduction. The problem of dissemination and application of digital technologies in the fi eld of labour has been extremely relevant over the past decade. The development of the digital economy inevitably leads to a profound transformation of the labour market. Traditional labour relations, the content of which is mostly indefi nite, are replaced by non-standard forms of employment, short-term employment contracts, fl exible working hours and performance, employees remotely from the location of the employer are becoming common practice. The aim of the article is to clarify the features of the transformations taking place in the fi eld of labour under the infl uence of digital technologies, as well as to outline the main trends in Ukrainian labour legislation in the context of digitalization. Results. The aurhor focuses on the legal regulation of remote and home-based work, the introduction of electronic document management in labor relations, including personnel. The latest legislative changes that contributed to the introduction of electronic employment record books and electronic sick lists are analyzed. Particular focus has been placed on the study of a new model of non-standard employment on the basis of gig contracts within the digital platform “Diia City”, introduced by the Law of Ukraine «On Stimulating the Development of the Digital Economy in Ukraine». Conclusions. It has become clear today that the development of labour legislation in Ukraine is much slower than digital technologies capture both the labour market and our daily lives. The digitalization of the economy challenges modern labour legislation, which should not stand in the way of information technology progress and the introduction of new information technologies in labour relations, with the advent of which work becomes less tied to workplace and time, and gives greater autonomy to the employee. However, there are other problems, such as limiting the employer’s interference in the employee’s private life, especially in the context of the employee’s right to rest or so-called disconnection (the right not to be in touch during non-working hours). Thus, improving the mechanism of legal regulation of individual and collective labour relations, revision of their theoretical structures and characteristics, as well as the problem of providing all workers, regardless of employment, including informal employment, bogus self-employed, working on online platforms, the minimum of labour and social rights in the realities of the digital economy is of growing importance in the digital economy. Key words: digitalization, transformation of labour relations, remote work, electronic document management, electronic employment record book, electronic sick list, digital platforms, gig contract, gig specialist.

Peculiarities of criminal proceedings materials preservation in conditions of martial law

Taking into account the latest legislative changes to the Criminal Procedure Code of Ukraine, the theoretical and practical issues of the preservation of criminal proceedings materials in the conditions of martial law are highlighted. The judicial practice regarding the restoration of lost materials of criminal proceedings has been analyzed. The study of the decisions entered into the Unified State Register of Court Decisions shows that the recovery of criminal proceedings materials is not yet a widespread practice, which is due to several factors. It is emphasized that the restoration of the materials of criminal proceedings in the future will depend on the availability of criminal proceedings material copies at the investigator’s, inquirer’s and prosecutor’s disposal, given that the legislative changes to Art. 615 of the Criminal Procedure Code of Ukraine are quite timely and appropriate.
 The list of pre-trial investigation materials that must be kept by the inquirer, investigator or prosecutor in electronic form is given. A systematic analysis of the criminal procedural legislation and legal acts made it possible to conclude that the preservation of the materials of the criminal proceedings in electronic form is possible in the case of: 1) production in electronic form using a qualified electronic signature of an official; 2) creation of a pre-trial investigation using an information and telecommunications system; 3) digitization, i.e. transformation of criminal proceedings materials into electronic format. Saving the materials of criminal proceedings in electronic form by means of digitization is currently a more accessible method, given the impossibility of fully using the «eCase» information and telecommunication system at all pre-trial investigation bodies, as well as given the limitations on the volume of procedural documents that can be produced in electronic form using a qualified electronic signature.

Victimological portrait of a victim of domestic violence

In the context of the global pandemic, the number of cases of domestic violence is gradually increasing, which certainly requires special attention from society and the state and possible ways to minimize such cases. Given that the victim of violence will always need protection, it is necessary to understand the possible victimological portrait of the potential victim.
 The aim of the article is a comprehensive analysis of the victimological portrait of the victim of domestic violence.
 Methods of problem analysis. A set of general scientific (analysis, synthesis, experiment) and special legal (comparative legal, synergetic) methods was used in the study of the subject of the scientific article.
 Results of the research. The study found that the increase in domestic violence in recent years has been directly correlated, including with the global Covid-19 pandemic. Therefore, it should be noted that in solving the problem of domestic violence, despite its sufficient degree of research, there are still no common theoretical and methodological approaches. It is determined that the victim of a criminal offense is a natural person who, as a result of or under the condition of his relationship with the offender, directly or indirectly caused physical, moral or property damage. The defining feature of a victim who has been harmed as a result of or in a relationship with a criminal will be the existence between them of the relationship that led to its victimization. It is argued that the main components of the so-called subsystems of criminological characteristics of a person who is a victim of violence should include the following: 1) socio-demographic qualities (gender, age, education, marital status, social ties); 2) moral and psychological characteristics that reflect a person’s perception of social values and social functions that he performs. It is concluded that the personality of a victim of criminal violence is charac- terized by a set of fairly stable typical socio-demographic and moral-psychological traits, which in interaction with external factors cause an increased opportunity for an individual to become a victim of criminal-violent behavior. signs of a criminal. Moreover, the analysis of the relationship between the offender and the victim allowed us to establish the main areas of prevention of violent crimes, and by complementing the study with information about the behavior of the victim, we identified the main victim behavior of a victim of violence.
 Scientific novelty. The article provides a comprehensive description of the victimological portrait of the victim of violence, taking into account the latest legislative changes. The need to pay more attention to the psycho-emotional state of a potential victim of a violent offense is argued.
 Practical significance. The results of this analysis can be used for further research in criminology, in particular the victimological characteristics of the victim of a potential violent offense.

The Use of Information Technologies in Criminal Court

The paper deals with issues related to information technologies, resources and databases, as well as the digitalization of criminal justice using appropriate electronic arrays and electronic data. A number of problems are touched upon, the resolution of which is aimed at facilitating and speeding up the work of the judicial system (judges, their assistants, clerks of court sessions) in this aspect. The latest changes in legislation regulating these issues are analyzed. The necessity of the proposed innovations is demonstrated through specific judicial precedents (including federal courts and magistrates). Attention is given to the way these electronic services and databases, as well as access to them, make it possible to not only simplify and speed up the work of the court, but also to avoid judicial errors in terms of the qualification of the deed. The necessity of using the automatic and semi-automatic methods of notifying participants in criminal proceedings specified in the paper to speed up the notification process is substantiated. It is proposed to use speech recognition software to convert it into text when preparing court records (or to abandon the protocols if there is an audio recording attached to the criminal case). The expediency of providing the court with access to the databases of the Ministry of Internal Affairs of the Russian Federation to obtain the necessary and useful information for the consideration of a criminal case in court is argued. These innovations are proposed to be implemented with the possibility of their application in automatic mode when registering a criminal case in the electronic file of the court, namely: when it arrives from the prosecutor’s office with an indictment (act, resolution), without the mandatory actual participation of the judge, namely to save his time. Specific solutions to the problems under consideration are proposed, based on practical recommendations, which also need to be fixed at the legislative level.

Does the Implementation of Ride-Hailing Services Affect Urban Road Safety? The Experience of Madrid.

In recent years, changes have occurred in consumption, ownership, and social relations, giving rise to new economic models in which technology enables new ways of connecting, creating, and sharing value. The nature of transport has transformed with the emergence of mobile applications, such as Uber and Cabify, which offer an alternative to the services traditionally provided by the taxi and chauffeur-driven hire vehicle (CDV) sectors. These services have developed within a context of market regulation of the taxi and CDV which are subject to considerable unjustified restrictions for entering and operating in the market, including the numerus clausus of licenses, the limited geographical scope of the license and, in the case of taxis, the regulation of prices as inflexible public rates. Bearing in mind the latest legislative changes affecting mostly the provision of the services of these platforms, this study analyzes whether the number of traffic accident victims has fallen since the introduction of these services in the city of Madrid using a Random Effects Negative Binominal model. The results show that the deployment of these platforms is associated with a reduction of 25% in the number of serious injuries and deaths.

Малий і середній бізнес: адаптація та державно-приватне партнерство в умовах світових криз

The aim of the study is to form an optimal algorithm of actions for the use of the instrument of public-private partnership in conditions of martial law and emergency. The formed algorithm will provide an opportunity to independently and promptly determine the application of a preferential taxation rate to entrepreneurial entities of small and medium-sized business (hereinafter referred to as the EE SMB). The importance of public-private partnership for EE SMB in a state of emergency through the application of a preferential taxation rate has been determined. The practices of applying a preferential taxation rate is investigated. The taxation systems provided for by the Tax Code of Ukraine for EE SMB, in particular for individual entrepreneurs, are presented. The conditions of different groups of the simplified taxation system are detailed in accordance with the latest changes in legislation. A detailed algorithm of actions for EE SMB on the transition to the application of a preferential rate in accordance with the current legislation has been compiled and substantiated. An example and procedure for filling out a request for the use of simplified taxation system for the application of a 2% preferential rate of a single tax on taxpayer’s income for a month are considered. The peculiarities and conditions for filling out such a request for its successful adoption by the state tax service are detailed. A comparison of the conditions of stay on the simplified taxation system at the rate of 5% and at the rate of 2% for EE SMB under martial law is made. An example of a completed tax return of a single tax payer of the third group for the period of martial law / state of emergency in Ukraine is given. A step-by-step visualization of filling in both the application and the declaration in accordance with the terms of tax legislation is presented. A comparative analysis was carried out on the periods of payment of the single tax at the rate of 5% and at the rate of 2%. The implementation of the algorithm is carried out on the example of an individual entrepreneur on a simplified taxation system, which is a single tax payer, on the basis of the Taxpayer’s Electronic Cabinet as a key software under quarantine restrictions. The mechanism of work with the specified electronic resource is visualized. The article discusses possible directions of work of tax authorities on the terms of public-private partnership under quarantine restrictions and martial law.

International legal framework for information security: problems and priorities

This article examines the international legal aspect and comparative characteristics of the development of information security in Russia and the countries of the world. The definition, forms, types and characteristics of various aspects and aspects of information security of information systems are revealed. Subject, object and conceptual possibilities of information security. The article is devoted to the legal regulation of information security in international cooperation. A detailed analysis of international regulatory legal acts that consolidate the foundations of information security has been carried out. The main directions of development of Russian and foreign legislation in the field of information security and the role of international bodies in ensuring information security are considered. The author concludes that the issue of improving the legal provision of information security in the field of international cooperation is clearly evidenced by the intensification of state cooperation within the framework of regional associations in the field of information security, as well as the conclusion of a number of international agreements and the adoption of joint statements in this area. In accordance with the current legislation, the article defines the level and degree of information protection. The emphasis is on the latest changes in legislation on information, information technologies as a set of measures to prevent unauthorized use, abuse, changes in information, facts, data in the historical and legal aspect of ensuring information security of information systems.

Legal Basis for Remote Sale of Medicines in the Russian Federation

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

конституційно-правовА відповідальність як гарантія локальної демократії в Україні

The article is devoted to the study of constitutional and legal liability as a type of legal liability. The author of the article substantiates that constitutional and legal responsibility is a guarantee of local democracy and local self-government in Ukraine. The essential characteristics of constitutional legal responsibility are analyzed. The legal nature of constitutional and legal responsibility is revealed through the analysis of approaches to the definition of general and special features of constitutional and legal responsibility. The article presents an analysis of the theoretical and practical aspects of a constitutional tort, which is the basis for the onset of constitutional and legal liability. Scientific approaches to the definition of the concept of “constitutional delict” are disclosed. The interrelations of the constitutional delict and the constitutionally-legal responsibility are investigated. The author of the article states that constitutional and legal responsibility is an effective mechanism for ensuring the implementation of the sovereignty of the Ukrainian people. The role of constitutional and legal responsibility at the present stage of development of Ukrainian statehood is determined. It is determined that the main purpose of constitutional and legal responsibility is the protection of the Constitution of Ukraine, ensuring the stability of the constitutional order. The author draws attention to the predominant political nature of constitutional legal responsibility. The basic constitutional and legal norms of Ukrainian legislation are given and analyzed, which determine the constitutional foundations of local self-government; analyzed the latest legislative changes to introduce into the relevant legislation the definition of the concepts of “administrative center of a territorial society”, “territory of a territorial society”. The author proved the relevance of the topic of constitutional and legal responsibility in local self-government for further scientific research. Some especially problematic and debatable questions about the circle of subjects of constitutional and legal responsibility in local self-government, its grounds and peculiarities of sanctions are investigated. The article pays special attention to administrative-territorial units, in particular, settlements (village, settlement, city). The author’s position is given that the city is the subject-bearer of constitutional and legal responsibility, however, the legal responsibility of the city does not manifest itself directly, but indirectly in the form of the constitutional and legal responsibility of the city government. The author’s opinion is substantiated that through the institution of legal responsibility, the state ensures the effectiveness of the rule of law and guarantees the legal order in Ukraine. The author notes that constitutional and legal responsibility is an effective factor in improving the mechanism for exercising state power and local selfgovernment. It is concluded that responsible local government ensures the possibility and reality of local democracy.

RESTRAINING ORDER IN THE ROMANIAN LEGISLATION AND PRACTICE

The protection of the family (especially women and children) consists of important provision in both the international and internal laws of the states. Unfortunately, in Romania, the incidence of domestic violence is high, an aspect that we will highlight in our paper. In this article we aim to analyse the latest legislative changes in the field of protection order, with reference to the provisional protection order. Regarding the temporary restraining order, it is regulated by Order no. 146/2578/2018 (Minister of Internal Affairs and Minister of Labor and Social Justice, 2018) on how to manage cases of domestic violence by police officers. Through this normative act, the necessary framework was created so that the police can intervene quickly when phenomena of domestic violence are registered and to ensure the immediate protection of the victims of aggressors. The police officers assess the risk situation in each case, and it may be ordered to issue a temporary restraining order until the competent court rules on the situation created for a longer period of up to 6 months, with the possibility of extending it. We will also present some relevant cases. Over the last 10 years, the protection of the family (especially women and children) has made some important progress both in terms of legislation and practice. Unfortunately, the level of domestic violence is still significant and, in addition to the legislative measures we will refer to in the article, more measures are needed to educate the population and raise awareness of the severity of this phenomenon that affects the integrity and physical and mental development of victims.