Legal Basis Research Articles

Solutions to improve quality, create breakthrough in training, fostering, attracting and employing talents in Vietnam

In order to create the possibility of economic breakthrough development, remove economic institutional bottlenecks, release resources, and develop the economy quickly and sustainably in Vietnam in the coming time, it is impossible not to mention solutions to improve the quality, create breakthroughs in training and fostering talents. This is one of the important solutions in the context that the Party and State require the application and development of science and technology more and more extensively in all fields and all sectors in Vietnam. The article focuses on researching the the political basis, legal basis, and practical basis for training, fostering, attracting and employing talents in Vietnam. Meanwhile, statistics on undergraduate and postgraduate training in the period of 2016–2022, the training level of the workforce and the Global Talent Competitiveness Index show that Vietnam has not achieved many positive changes in training, fostering, attracting and employing talents as expected. The article is approached from many different aspects, including the perspective of leaders and managers at the head of state agencies, the perspective of businesses and the perspective of the university teaching staff and scientific research workers themselves. On that basis, the article points out the key contents that need addressing so as to build solutions to improve quality, create breakthroughs in training, fostering, attracting and employing talents in Vietnam in the context of international integration and science and technology development. The main contributions of the article focus on the identification of the concept of “talent”, the criteria for determining “talent” and the renewal of awareness of policies and laws on training, fostering, attracting, employing, introducing and recommending talents.

Міжнародно–правова практика мобілізації та способу комплектування Збройних Сил

The article examines the peculiarities of the legal regulation of the mobilization process in the United States of America, Great Britain, Finland, and the Baltic countries, the practice of which has its own specifics associated with national traditions, the conditions of military and reserve service, the geographical location of the country, and other characteristic features. It is noted that the full-scale invasion of Russia on the territory of Ukraine forces most European countries to take urgent measures aimed at changing the methods of mobilization for war, as well as shifting the economy to the production of military equipment and the implementation of organizational and legal forms and methods of conscription and replenishment of mobilization resources as in their own countries and in NATO. It has been proven that when a decision is made on the mobilization deployment of the armed forces in the USA, the draft of men is carried out in 6 stages, which include organizational and legal actions aimed at the adoption by Congress of relevant amendments to the mobilization legislation, the procedure for the draft of specific persons based on the drawing of a lottery, the implementation of attestation persons and enlistment of conscripts for active service. The right to serve in the United States, on the basis of secondary education, has all citizens of the United States and citizens of other states who permanently reside in the state. Staffing of the army of Great Britain is mainly carried out on a professional basis. However, the government of the kingdom, in order to reduce the level of crime, youth unemployment and the Russian threat to the West, is inclined to return mandatory military service to the country in 2025. Candidates for joining the army mobilization reserve are recruited by theMilitary Information and Career Bureau. It is outlined that the armed forces of Scandinavia and the Baltic States, in contrast to the armies of the United States and Great Britain, continue to expand the conscription process due to the increased threat from Russia. Thus, the order of recruitment of the armed forces of Finland is carried out on the basis of the Law “On Conscription for Military Service”, in Latvia the mobilization process is regulated by the Law "OnMilitary Service", Lithuania conducts military conscription in accordance with the Law “On Military Conscription”, and in Estonia the legal basis of the defense of the country is regulated by the Law “OnMilitary Service”. It has been proven that military servicemen, conscripts and reservists are mainly criminal, administrative, disciplinary and materially responsible for violating mobilization legislation in NATO countries. It is noted that the domestic mobilization legislation requires targeted legal support, adaptive military management and a complex and systemic approach to the organization of the mobilization process.

The peculiarities of labor legal relations with a family doctor in the context of healthcare reform in Ukraine

According to national and international legislation, every person on the territory of Ukraine has the right to qualified medical assistance. As a result of healthcare reform in Ukraine, family doctors have started working, with whom patients conclude declarations in accordance with Ukrainian legislation. Consideration of labor legal relations with a family doctor is extremely important and relevant, as there are many problems and gaps in practice and legislative activities that require research and resolution. The full-scale invasion of Russia on the territory of our state had a negative impact on labor legal relations with family doctors. Due to hostilities, many patients have left for safer places in Ukraine or abroad. Many family doctors, who left their home and place of residence, are generally forced to seek for another place of work. These are significant drawbacks of labor law in the field of medicine, which we are currently facing in Ukraine and which require regulation and finding ways to resolve them. Therefore, consideration of theoretical and legislative material is relevant and extremely important. The purpose is to study the peculiarities of labor legal relations with a family doctor in the context of healthcare reform in Ukraine. The object is the legal basis and legislative framework, which regulate labor legal relations with a family doctor. Conducting research and summarizing qualifications, it can be said that general scientific methods, general methods, interdisciplinary methods, and specialized methods are applied. The analysis of the theoretical and legal source base, from the labor legislation, reveals ways to solve the problematic issues that family doctors face today. Incorporating positive international experience and making proposals for its further consideration and implementation in practice will make it possible to solve the current problems, taking into account all the risks. It is proposed to increase the salary of family doctors, regardless of the number of patients who have signed declarations with them. It is proposed to highlight the fundamental principles of labor activity with family doctors, which are based on the principles of legality, openness, voluntariness, normativity, transparency, control, and informativeness. The proposal is to enhance public awareness of the services of family doctors and the conclusion of declarations without being tied to the location.

Ensuring social standards as a principle of functioning of state authorities in accordance with the Association Agreement (theoretical and legal aspect)

The article discloses the content of social standards that state authorities are obliged to observe in the process of exercising their competence after the Association Agreement enters into force. Attention is focused on the fact that EU requirements regarding the activities of all branches of the state apparatus of Ukraine in terms of ensuring social standards are of primary importance in the context of the introduction of European approaches to good governance. It is substantiated that the timely and optimal implementation of EU social standards in Ukraine is possible only if a special legal mechanism is developed and applied. The heart of such a mechanism is the Association Agreement. Based on the analysis of the provisions of the specified document, the essence of the most significant social standards, which Ukraine undertakes to implement in practice, has been identified and disclosed. In particular, it is ensuring justice and improving the quality of life of citizens on the basis of equality and non-discrimination, increasing the level of social orientation of state policy towards migrants, introducing innovative approaches in the sphere of activity of authorities to combat the illegal circulation of narcotic drugs, precursors and psychotropic substances in order to overcome negative consequences for health and the negative social consequences of drug addiction, taking into account the social interests of the modern population while simultaneously caring for future generations, developing measures aimed at minimizing the risks to the population’s health from the nuclear industry, the social orientation of the organization of the fiscal and economic policy of the state. It has been proven that against the background of the deepening of the European integration processes of Ukraine, the modernization of the domestic social policy of the state is inevitable. First of all, this process requires the creation of an innovative legal basis for diversifying the mechanisms of its implementation, leveling the level of socio-economic development of Ukraine in order to avoid regional socio-economic asymmetry. In practice, this takes the form of changes in the legal regulation of a significant number of institutions of social security law of Ukraine, revision of organizational and legal approaches of state administration in the direction of implementing social standards.

Advantages Of Organizing Outsourcing In Uzbekistan

In this article, based on the implementation of the latest changes and reforms program, the development of entrepreneurship in the service sector, in particular, outsourcing, a relatively new form of business is entering Uzbekistan. Outsourcing is a modern form of business and the economic and legal basis for its implementation in Uzbekistan is given, and the advantages and disadvantages of outsourcing to business entities are described in detail.

The innovative vector of technology–based development of shipping companies is autonomous navigation

The article is devoted to the current state of water transport, problems and prospects of its development. Special attention is paid to the innovative vector of development of shipping companies on the basis of technologies - autonomous navigation. The development of the shipping industry on the basis of autonomous navigation opens significant opportunities in the sphere of safety improvement, increase of profit by reducing the costs of maintenance of ship crews. Examples of implementation and use of remote control of a vessel using autonomous navigation means along a socially and economically significant route are given. The article studies the legal acts that came into force in 2024, fixing the legal basis for the creation of autonomous navigation, which gives the opportunity to actively develop this promising direction. It will allow water transport to be competitive, and thus one of the key sectors of the Russian economy to become a pillar for achieving its growth. Based on the study of the materials of the Russian Federation SP in the field of inland water transport development, the factors that will contribute to the efficiency of the implementation of the initiatives of socio-economic development of the Russian Federation until 2030 are proposed.

Juridical Analysis of the Handling of Terrorism Crime

The research aims to study the police's countermeasures for dealing with acts of terrorism in Cirebon Regency, Indonesia. This study uses a normative juridical approach, focusing on analyzing legal regulations and their application in practice. The study identifies that although laws and regulations such as Law Number 5 of 2018 provide a strong legal basis, implementation still faces challenges related to the effectiveness of coordination between law enforcement officials and intelligence agencies. The findings of this study also contribute to the development of law and public policy in Indonesia by providing a solid academic foundation to support necessary regulatory changes or adjustments. The results of this analysis can help policymakers in formulating more responsive and adaptive strategies in dealing with the threat of terrorist, so as to create a stronger legal system and be able to protect society more comprehensively.

ДЕЯТЕЛЬНОСТЬ ПРОДОТРЯДОВ И ПРОДАРМИИ В САРАТОВСКОЙ ГУБЕРНИИ В 1918 ГОДУ

The purpose of the article is to investigate the causes, the legal basis of the activities of Food Detachments and Food armies, as well as the tasks assigned to them to seize surplus grain in villages. The scientific novelty of the study is the insufficient knowledge of the activities of Food Detachments and Food armies in the Saratov province. The study uses the main methods of scientific and historical cognition, such as: descriptive, comparative historical, logical, analysis of archival materials. As a result of the study, it was revealed that in 1918, the cities under the control of the Soviet government were threatened with famine, despite the fact that there was bread in the agricultural provinces. But the peasants did not willingly hand it over, due to the unsettled system of commodity exchange between the village and the city. Based on this circumstance, the Soviet government decided to forcibly withdraw bread from the villages. The solution of this issue was entrusted to the workers of the Food Detachments and the Red Army soldiers of the Food Army, however, despite the common tasks, their activities were distinguished by the fact that the Food detachments took part of the harvested bread for themselves, and the Soldiers handed over everything to the state.

Специфика добровольческой деятельности в условиях современной России

The article presents the features of the formation of modern Russian volunteer activity, which in the last decade has become a large-scale systemic social phenomenon in the history of our country. The active life position of Russians is realized in the desire to be useful to society through real participation in specific projects of the vol-unteer movement. The approaches, reasons and potential for the development and functioning of volunteer movements are considered. It is noted that in the formation of volunteering as a social system there is, on the one hand, reliance on traditional experience, on the other hand – the desire to use the potential of modern technology and management functioning. The demand for the volunteer movement is beyond doubt, however, in the modern situation, its organization and functionality require the participation of government agencies in order to structure, finance and provide a legal basis for many activities carried out by volunteers. Various areas in which there is a greater need for volunteer support are being considered, ranging from helping the elderly to providing all kinds of support in situations of natural disasters, such as fires or floods. Modern Russian volun-teering is based on mutual assistance, spirituality and a sense of collectivism that has been inherent in our people since ancient times.

International Legal Regulation of Biodiversity Conservation in Northern Latitudes (Part 2)

International scientific and technical cooperation is critically important for making effective decisions and measures to manage Arctic biodiversity. The 2017 Agreement on Strengthening International Arctic Scientific Cooperation creates a solid legal basis for intensifying current and designing new scientific research in order to obtain the best scientific data as a basis for conservation and resource management. The basis of the international legal regime for the conservation and management of biodiversity beyond national jurisdiction in the Arctic is the 1982 UN Convention on the Law of the Sea. International legal acts on fisheries regulation have been adopted for all four areas of the high seas in the Arctic. The study of the Agreement on the Prevention of Unregulated Fishing on the High Seas in the central part of the 2018 SLA revealed significant shortcomings: when determining the spatial scope of application, an ecosystem approach is not used; a precautionary approach to fishing is not taken into account; the basis for the creation of a regional fisheries management organization is not created; the issue of fishing by third States remains open. The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction 2023 develops a number of institutions, including IOE and EIA. An analysis of its provisions indicates the inexpediency of Russia’s participation in it, taking into account the existence of the 2017 Agreement and a significant system of organizations involved in the implementation of joint marine research projects. The 2023 Agreement is not capable of having a significant positive effect on international cooperation in the conservation of Arctic biodiversity, but on the contrary will create additional obstacles to scientific research and impose financial burdens.See the beginning: Lex russica. 2024;77(8):112-129. (In Russ.). DOI: 10.17803/1729-5920.2024.213.8.112-129.

State policy of Russia to promote youth employment under the modern challenges

Objective: to systematize and develop ideas about the improvement of the Russian state policy to promote youth employment. Methods: the work is based on the analysis of literature and normative-legal documents using general scientific methods of cognition. Results: the paper reveals the legal bases for the activities of Russian authorities in the field of promoting youth employment and developing labor market. It is shown that, despite the variety of measures, young people still face serious barriers to successful career starting and stable employment in general. The analysis summarizes the priority areas of action to overcome the most pressing problems, including: loose regulation of the status of a young specialist; limited statistics; low awareness of young people about the situation on the labor market; mismatch between the personnel produced and the current needs of the economy, etc. The conclusion emphasizes the importance to summarizing the accumulated experience and practical application of the most beneficial solutions, taking into account the specifics of the Russian labor market. Scientific novelty: the conducted research contributes to the development of theoretical and practical issues of promoting youth employment, including the deepening of ideas about the main barriers to stable employment and measures to overcome them. Practical significance: the study results can be used, first of all, in the practice of public administration at any level to improve the policy to promote youth employment.

The Opinio Juris and Opinio Moris in the Anglo-American Interventions During the Greek Civil War: An Archival Study of Legal Narratives

Abstract This article investigates the British and American interventions in Greece during the Greek Civil War, examining their legal and moral justifications. Using archival documents, the study uncovers two primary layers of discourse: the official diplomatic language of opinio juris (conviction of legality) and opinio moris (conviction of morality), alongside the covert political interests that drove these interventions. The research argues that British and American actions were primarily motivated by a ‘conviction of interest,’ with legal and moral narratives used tactically to justify their interventions. The archival materials reveal a notable lack of empathy and understanding from British and American officials regarding the trauma endured by the Greek populace due to the German occupation and collaborationist violence. Additionally, there was a significant neglect of the will of the Greek people. The study critically examines the Caserta and Civil Affairs Agreements, which provided a legal basis for British intervention, arguing that these agreements, when viewed in light of the Vienna Convention on the Law of Treaties, fail to justify the extent of foreign interference, thus questioning the authenticity of Greek consent. The article also explores the transition from British to American dominance in Greek affairs. As Britain faced economic constraints after the end of WWII, it ceded its role to the U.S., leading to the formulation of the Truman Doctrine and the implementation of the Marshall Plan. The U.S. intervention is analyzed through legal and geopolitical lenses, revealing a strategic focus on preventing communist expansion rather than providing purely legal or moral support for Greece’s recovery. Similar to British actions, American involvement often overlooked the political situation and the will of the Greek people, thereby contributing to prolonged instability.

The Results of the War of the Augsburg League and Representation of the Peace of Ryswick 1697

From the perspective of a systematic approach and the method of event analysis, the author of the article set a goal to consider the international and legal significance of the congress in Ryswick in 1697, which summed up the results of the War of the Augsburg League (1688–1697), and to show its role in the broadcast of subsequent international forums. Based on the analysis of the results of the war and peace treaties, the following conclusions were drawn. The Ryswick agreements were of a phased nature. France, against which almost all of Europe opposed, gained nothing, but the coalition of European states failed to return this state back to its borders. However, for the first time since the beginning of the Louis XIV’s European wars, the international situation swung towards balance. Despite the fact that the congress in Ryswick did not resolve all the pressing problems, it prepared the international and legal basis for further diplomatic discussions at the congresses in Utrecht (1713) and Rastatt (1714), which for the first time recorded the metaphor of the «balance of power» in international law. Finally, after the conclusion of the Peace of Ryswick, Europeans began to regularly receive information about wars, negotiations, meetings of monarchs and diplomats, and dynastic alliances in special international publications.

Legal regulation of liability for failure to fulfill a state or municipal task of an institution

The article, based on the results of the research conducted by the author, identifies the basic requirements for the formation of state and municipal tasks of state (municipal) institutions, and also analyzes the regulations that consolidate them and influence the assessment by budget control authorities of compliance with the procedure for the formation and execution of state and municipal tasks. The features of the legal regulation of the formation of the task and the requirements for it are analyzed, related to the level of public legal education — the founder and the sectoral characteristics of the activities of the institution itself. It is stated that the values of performance indicators and acceptable deviations from their achievement are not always the same for similar or analogous services in different industries, which should be taken into account when determining whether a violation has occurred. The author examines the legal basis for holding people accountable for violations related to the formation and execution of an assignment, including its financing from the budget. Based on an analysis of legal norms and judicial practice, some features of the approaches of control bodies and courts to assessing such violations are highlighted.

Judgment of the Court of Justice of the European Union of 30 April 2024 in the “EncroChat case” (case No. C-670/22): does this judgment really legitimise Forum Shopping in criminal proceedings, and how will it impact Lithuanian criminal proceedings?

The article analyses the judgment of the Court of Justice of the European Union of 30 April 2024 in case No. C-670/22 (EncroChat) and its implications for Lithuanian criminal proceedings. According to this judgment, only a senior prosecutor can issue a European Investigation Order to obtain evidence already in the possession of the competent authorities of the executing state during a pre-trial investigation in Lithuania, and only the court hearing the criminal case can issue a European Investigation Order when the criminal case is in the hands of a court. The Code of Criminal Procedure of the Republic of Lithuania does not provide a legal basis for the prosecuting authorities to secretly intercept the content of all communications of the users of mobile telephones, which are fully encrypted by means of a special software and a modified device, and it is therefore questionable whether (i.) the transfer of the data obtained in this way to Lithuania as an extraditing state meets the substantive legal conditions arising from Article 162 of the CPC, which, according to the Code of Criminal Procedure of the Republic of Lithuania, defines the legitimacy of the use of the information obtained in another criminal proceeding, and whether (ii.) the data obtained by the receiving state by means of such a measure can be used in the criminal proceedings of Lithuania as an issuing state as evidence in an incriminating sense. If the executing State does not disclose the nature and essential technical characteristics of the means used to intercept the full content of the users’ communications by means of mobile telephones, which, by means of special software and a modified device, provide a fully encrypted connection, the defendants in general are deprived of an effective opportunity to know and present their position on these incriminating facts; therefore, such evidence is inadmissible in Lithuania’s criminal proceedings as an extraditing state.

Legal Basis of External Fiscal and other Payments of an Unrecognized State: Taiwan’s Experience

Fiscal and other payments are divided into internal and external, which are subject to certain legal regulation. External fiscal payments are applied when goods are moved across the customs border of the state (territory).Since the status of a subject of international law depends on the attitude (decision) of other States and territories, it is natural to assume that in the case of an unrecognized state there is some specificity of the legal foundations and composition of external fiscal and other payments.This is true, but in terms of legal regulation, it is obvious that due to the lack of recognition as a subject of international law, some territories have a limited number of individual sources, for example, trade agreements.An unrecognized state may be a member of an international organization. Apparently, being within the global trading system is important for the composition of external fiscal and other payments, but not for the legal framework. In the given article, an attempt to comprehensively consider the legal foundations, as well as the composition of external fiscal and other payments of the Republic of China (Taiwan), with the identification of features accompanying the status of an unrecognized state, is made.

Is One Step Enough? Serious Illness as a Ground for Non-execution of a European Arrest Warrant

The subject of the commentary is the judgment of the Court of Justice regarding the possibility of non-execution of a European Arrest Warrant regarding a person suffering serious, chronic, and potentially irreversible illness. Since the Framework Decision on the European arrest warrant does not provide the ground for the non-execution of the warrant based on the threat to the health of the person concerned, the referring court was in doubt, whether such a premise can justify the non-execution of the warrant. The main legal problem dealt with in the commentary was the consideration of whether in such a case the executing judicial authority may refuse to execute such a warrant, and, if so, on what legal basis.

Законодательные аспекты развития креативных индустрий в регионах российской Арктики (на примере Мурманской области)

The aim of the work is to study the legislative support for the development of creative industries in the Russian Arctic using the example of the Murmansk Oblast. The following tasks have been solved: the legislative framework of the federal level, providing the development of creative industries in Russia as a whole, has been studied; the regional legislative framework has been studied on the example of the Murmansk Oblast; the measures of support for the development of Arctic creative industries at different levels of government have been analyzed. It was revealed that until 2021 the creative sector of the economy was reflected in legal acts of all levels through the concepts of “small and medium-sized businesses”, “self-employed citizens” and “individual entrepreneurs”. The concept of “creative industries” received legislative recognition with the adoption at the federal level of the “Concept for the development of creative industries and mechanisms for the implementation of their state support in large and major urban agglomerations until 2030” in 2021. The Concept and the Action Plan for its implementation, adopted in 2030, laid the regulatory and legal basis for the development of this sector of the economy, but the legislative framework for the development of creative industries in the Russian Federation has not yet been fully formed. The study showed that in the Arctic zone of the Russian Federation the situation with regulatory support for the development of creative industries is similar. Using the example of the Murmansk Oblast, it was revealed that the regional legislative framework for this promising area is currently in the nascent stage, and the first normative-legal acts directly related to the development of the Arctic creative industries began to appear only in 2023. It was concluded that it is necessary to develop a concept for the development of Arctic creative industries in the Russian Arctic in order to ensure uniform approaches, consistency of actions and coordination of measures for the development of this sector of the economy in the Russian Arctic. The need to use the term “creative industries” in various legal acts in order to avoid discrepancies and to ensure the uniformity of legal support for this sector of the economy is substantiated.

Magical Discursive Practices in Russian Public Discourse

The article examines the discursive practices of modern Russian public discourse, which includes political communication as a necessary part. The author considers first of all those discursive practices and the corresponding speech acts that are magical in nature. Such types of speech acts are proposed to be called “the acts of magical embodiment”. The pronunciation of the act of magical embodiment leads to a change in the world, resulting from the release of mystic forces associated with both the speaker’s supernatural abilities and the participation of mysterious forces. Among the acts of magical embodiment, there are vows, curses, tabooing and overcoming the taboos (use of euphemisms and concealment), prohibitions, benevolence, spells, and others. The use of magical practices in public discourse has a long tradition in political communication, especially in the creation of slogans. In modern public communication, many speech practices of magical nature have a legal basis. Current practice suggests that every mention of a prohibited political actor is accompanied by an indication of the prohibition. The curse as an act of magical embodiment sometimes adjoins the practice of imposing restrictions on “foreign agents”. Concealment (tabooing and overcoming the taboos) is enforced by the law on the “right to be forgotten”.

Education and vocational training in Kosovo, a challenge and objective of the 21st century

Classes in Kosovo are held in private and public educational institutions. Education in Kosovo went through very hard phases and challenges especially in the years 1990/1999 since differences and the need for change made us not entirely prepared. After the establishment of Kosovo Institutions, the Department of Education and Science (DES) was established within the Ministry of Education. The primary aim was to establish the legal and professional basis as a frontline of the reform of our education system, especially the acceptance of the Bologna processes that facilitate the radical reform of general and vocational education. This paper will address the aspects of reforming and progression of vocational secondary education, vocational schools, and correspondence to the needs of the EU market and the possibility of implementing in post-secondary and university higher education.