Legal Characteristics Research Articles

Актуальные проблемы оценки и обеспечения качества сервисного продукта (на примере косметологических услуг)

The article reveals the problems of evaluating and ensuring the quality of a service product (using the example of cosmetology services). The development of this segment of the service sector inevitably entails increased competition and, as a result, the need to shift the focus to evaluating and ensuring the quality of the service product. It seems important to the author to popularize such a model of service value, in which the appropriate result of the provision of the main service will be at the forefront; the quality of service will be assessed by legal characteristics, including the mandatory drafting of a service agreement with a detailed description of the procedure, the expected result, and the responsibility of the parties. This will restore the classic direct relationship between the quality of the service and its cost, which will cause increased demand for the services of licensed clinics, highly educated specialists and, as a result, increase the profitability and competitiveness of such clinics in the market.

Civil service in Ukraine: concepts and legal characteristics

Civil service in Ukraine: concepts and legal characteristics

Genesis of the notion “cybersecurity” in the fuel and energy sector of the European Union: Legal analysis

This paper analyzes cybersecurity as a legal institution, gives its detailed theoretical and legal characteristics. The purpose of this study is to analyze the legal acts, and in particular the criminal law, in order to summarize the existing regulations related to the means of ensuring cybersecurity in the European Union (EU), the study of this institution, both in general and in relation to individual industries, first of all, to the fuel and energy complex. When writing this work, both doctrinal and non-doctrinal methods were used, including: comparative legal and historical-legal methods, as well as macro-comparison and micro-comparison, normative comparison. Based on the results of the study, the authors came to the following conclusions: cybersecurity, like other concepts related to information technology, cannot have a single regulatory fixation due to the nature of such phenomena; at the moment, the priority task of the state authorities of the EU and member states is to create a regulatory framework for the regulation of cybercrime and other threats to cybersecurity and develop legal means and methods to ensure it; among all areas where cybersecurity is necessary, special attention should be paid to the fuel and energy complex, since this sector is inextricably linked not only with national security and welfare, but can also affect other countries, which seems to be especially relevant within the framework of a single internal market European Union. Thus, information technologies have a significant impact on modern society, and ensuring the protection of society from traditional crimes committed using information systems or new types of crimes that are inherently associated with digital devices seems to be one of the most important tasks of each state.

Customs monitoring experiment: administrative and legal characteristics

The purpose of the work is an administrative and legal analysis of customs monitoring, an experiment on which has been launched since April 3, 2023. The subject of the study is the institute of customs monitoring, which has an administrative and legal nature and acts as a measure ensuring customs control. The author highlights the features of the regulatory regulation of customs monitoring, conducted a comparative legal analysis of customs monitoring with other types of monitoring, in particular with tax monitoring. The paper identifies the time and subject limits of customs monitoring, gives a description of its information support Formal legal and comparative legal methods, the method of system analysis and analysis of normative legal acts were used as research methods. The result of the work was the analysis of the regulatory framework of the Institute of customs monitoring, the characteristics of its evolution, the allocation of influence on the regulation of customs monitoring of legislation on state control (supervision), tax legislation. The characteristics of the information support of customs monitoring by the customs authorities and the participants of the experiment are given, the circle of participants and the period of the experiment are determined, as well as the frequency of collecting information for customs monitoring. A special contribution of the author to the study of the topic is the positioning of customs monitoring as a measure ensuring customs control and aimed at solving fiscal problems of the state. Noteworthy is the conclusion about the incompleteness of administrative and legal regulation of the institute of customs monitoring, the limitations of its use.

КРИМИНОЛОГИЧЕСКАЯ ХАРАКТЕРИСТИКА ЛИЧНОСТИ ОСУЖДЕННЫХ ПО ЧАСТЯМ 4 И 6 СТАТЬИ 264 УГОЛОВНОГО КОДЕКСА РОССИЙСКОЙ ФЕДЕРАЦИИ

The author analyzes statistical data on the main social and demographic features as well as some criminal and legal features (regarding the penalty) of convicts under Article 264, Parts 4 and 6 of the Criminal Code of the Russian Federation (traffic offenses and operation of vehicles leading to manslaughter by negligence) from 2015 to 2022 (no data available for 2023). The data were obtained from the Judicial Department of the Supreme Court of the Russian Federation.

Aggressive parenting: social, medical and legal aspects.

Aim: To examine the impacts of aggressive parenting on physical, mental and emotional development; outcomes for society; possible ways of prevention of children' rights or health violation and responsibility of parents to optimize well-being of children. Materials and Methods: The analysis of scientific data has been conducted on the basis of PubMed, Scopus and Web of Science databases in order to collect the existed results of researches about social and medical aspects of impact of aggressive parenting. The formal-legal method was used to interpret the provisions of legislation regarding the protection of personal non-property rights and responsibilities of parents and children. Conclusions: Aggressive parenting affects children of all ages and is associated with chronic stress and long-term negative impacts on physical development, cognitive and behavioral dysfunction, socioemotional difficulties, social and psychological dysfunction in adulthood. Aggressive parenting triggers a child' aggressive behavior which is considered as a predictor of adult's criminality. From a legal standpoint, aggressive parenting is a form of violation of the responsibility of parents to educate a child, which is an element of family legal relations regulated by the norms of the family law institution known as ≪Personal non-property rights and responsibilities of parents and children". The definition of aggressive parenting has been defined with its legal features and characteristics. Effective prevention methods should be directed to predict possible further parental violence, intervention programs to reduce outcomes of aggressive parenting and to improve the ways of responsibility in procedural and material aspects of law.

Legal characteristics of the european integration of the countries of the balkan region at the present stage

Legal characteristics of the european integration of the countries of the balkan region at the present stage

Administrative and legal characteristics of the structure, powers and responsibilities of the Ministry of Internal Affairs

Administrative and legal characteristics of the structure, powers and responsibilities of the Ministry of Internal Affairs

THE LEGAL NATURE OF THE JOINT WILL OF THE SPOUSES

This article examines the peculiarity and legal nature of the joint will of spouses (joint will) in Russian law and modern legal doctrine. The author explores the problem of the legal characteristics of the joint will of spouses, analyzes the existing positions in the legal literature concerning the concept of joint will of spouses. Within the framework of this article, the author defines the problem of the ambiguity of the regulatory legal regulation of the joint will of spouses in domestic legislation and comes to conclusions about the correlation of problems of substantive law concerning the legal characteristics of the joint will of spouses with potential law enforcement problems.

Administrative and legal characteristics of the development and establishment of elements of the public service in Ukraine: a retrospective approach

Administrative and legal characteristics of the development and establishment of elements of the public service in Ukraine: a retrospective approach

“The Commercial, Socio-Demographic and Legal Aspects Distribution of the Informal Business in The Urban Areas of Tanzania”

Urban areas worldwide are primarily home to the informal sector due to enormous potential for job and income generation. Despite of its massive contribution to the country’s economy, it has very little information about the socio demographic characteristics that are found and discovered in the literature. The sociodemographic, economic, and legal characteristics of the Informal sector and people associated are examined in this paper’s empirical profile of the sector in an urban setting in Mwanza. 80 respondents provided information as the data collected from the questionnaire. The study used the Cross-tabulation and descriptive statistics in data analysis. The findings display that men dominate in the industry, the education levels of people are low, that the majority of people are young (19–26 years old), married, and that family labor is used. Businesses are also willing to operate at times and places that are convenient for their clients. The report also exposes that 82.5% of running activities lacked a license, and that 55% of the activities received funding from the owners’ own sources. Also, the findings showed almost 70 to 80% of Tanzania depend on IS and approximately 75% Of Mwanza region has Informal sectors which contributed to more employment of people than formal sectors. Generally, the study concludes that the IS significantly develops urban people’ quality of life. Therefore, in order to improve performance and improve the standard of living for those involved, as well as to enable Local Government Authorities to receive revenue in the form of taxes, the study suggests that Local Government Authorities should address training needs and intervene in the Informal Sector’s operations in the region, country at large. The results will also be used for the monitoring the implementation of local authority, regional and national, commitments such as implementing the Tanzania Development Vision for 2035.

Правовые лабиринты судьбоносных процессов (рецензия на монографию В. В. Бронштейна «политические технологии стальной эпохи. Маршал Берия и политрук Хрущев»)

A critical analysis of the scientific and popular science publication of the honorary professor of Irkutsk State University V. V. Bronstein. The methodology of work is analyzed. Features of the selection of a database of scientific sources and empirical material, including archival documents, formulation of a scientific problem, features of argumentation within the framework of the narrative. A detailed analysis of the organization of the state apparatus, including law enforcement agencies, is assessed as positive. The position of the author of the monograph regarding the peculiarities of Soviet legislation is supported, and a deep study of issues of political repression is noted. Attention is paid to other state and legal features of the work. The opinion of the author of the monograph regarding the fictitious nature of the trial of Marshal Beria is critically assessed. At the same time, it is recognized that the totality of the facts shows the presence of serious violations of procedural legislation during the trial of L. P. Beria.

ОРГАНИЗАЦИИ С ГОСУДАРСТВЕННЫМ УЧАСТИЕМ: ЭКОНОМИЧЕСКИЕ И ПРАВОВЫЕ АСПЕКТЫ

The article examines the economic and legal features of the functioning of organizations with state participation. The role of these organizations in the domestic economy is analyzed, questions are raised about the need to evaluate and monitor the effectiveness of their activities both by the state and by internal audit services.

Normative determination of guarantees of political rights in the sphere of administrative justice

This study analyzes the normative definition of the guarantees of political rights of citizens. A dialectical methodology of knowledge of law is used, and law is interpreted as an attribute of social management of society. A legal norm is understood as a process of necessity, the elements of which are the hypothesis, disposition and sanction of the norm in their organic connection. It is shown that the political rights and freedoms of a person and a citizen are established by the disposition of the legal norm, and their guarantees are determined by the sanction of the legal norm. The public legal character of political rights conditions their guarantee by legal acts of the court of administrative justice, as a type of justice. The study concludes that improving the normative definition of the guarantees of political rights is an urgent task for the management and legal regulation of political relations in modern society.

The EU Data Act in context: a legal assessment

Abstract The present article analyses the main legal features of the EU Data Act, identifying some innovative aspects and shortcomings. Moving from the general approach elaborated by the Union towards data governance—a value-based approach flowing from the idea of enforcing the strategic autonomy of the Union—the article considers first the most relevant piece of legislation that complements the DA, that is, the EU Data Governance Act, and then assesses the DA in light of both the original proposal of the European Commission and the position adopted by the two EU co-legislatures—the European Parliament and the Council. An overview of the major competitive legal approaches to the governance of IoT data (namely, the USA and Chinese approaches) is also discussed, stressing possible synergies and conflicts with the EU’s approach.

Some legal aspects of prosecutor’s participation in cases of administrative offences during application of coercive measures related to restriction of personal freedom of citizens

The article deals with the legal characteristics of the prosecutor’s participation in cases of administrative offences during the application of coercive measures related to the restriction of the personal freedom of citizens.
 The legislation on administrative offences is analysed with relevant conclusions about those categories of cases, the consideration of which is impossible without the participation of a prosecutor.
 The attention is focused on the fact that the departmental acts of the Office of the Prosecutor General of Ukraine provide for mandatory provision for the participation of prosecutors in cases of administrative offences if coercive measures related to the restriction of personal freedom of citizens are applied.
 Parallels are drawn between the direct participation of a prosecutor in the consideration of cases of administrative offences and the prosecutor’s supervision of the relevant bodies that carry out the consideration of cases and apply coercive measures for administrative offences.
 The authors of the article also draw attention to the fact that the prosecutor’s supervision of compliance with the laws in administrative offence cases can be divided into two categories:
 
 Direct participation in the consideration of a case on the administrative offence;
 Supervision over the relevant bodies that review cases and apply coercive measures for administrative 
 
 The authors differentiate coercive measures related to the restriction of personal freedom of citizens, which are used in cases of administrative offences. In particular:
 
 The type of administrative sanction provided for in 24 of the Code of Ukraine on Administrative Offences (hereinafter – CUAO) [1, Art. 24] (for example, administrative arrest, arrest with military detention, forced (administrative) deportation outside Ukraine);
 The measure to ensure proceedings in cases of administrative offences, provided for in Art. 260 CUAO [1, 260] (for example, administrative detention).
 
 The article also draws attention to the conclusions of the European Court of Human Rights regarding the observance of the principle of impartiality in the absence of a prosecutor during proceedings in cases of administrative offences, etc.

Administrative and legal characteristics of the establishment and development of the organizational and legal principles of the use of individual armor protection: the New Kingdom Period and the Middle Ages

In the article, the author carried out a thorough administrative and legal characterization of the formation and development of the organizational and legal foundations of the use of individual armor protection in such periods as the period of the New Kingdom and the Middle Ages. For the first time, the author conducted a study of the formation and development of the organizational and legal foundations of the use of individual armor protection of various periods dating back to ancient times. With the development of a wide range of armor, weapons also underwent evolution, which made the means of personal protection less effective. That is why they were forced to change their qualities in the process of the evolution of weapons production for their effectiveness. In all periods and in those distant prehistoric times, people tried in every way to protect their body from damage by the enemy. Accordingly, in the studied period of the New Kingdom, heavy armor was used, which was defined as rare and associated with attributes of power and prestige. An important part of the Egyptian royal historiography was determined by the paraphernalia on which the pharaoh was depicted, rushing on a fast-moving chariot, and he at one time struck a crowd of enemies with a bow. Also, to protect the legs, leggings were used as means of personal protection, and to protect the hands, respectively, a hasty glove. This period of development of personal protective equipment was also characterized by the fact that animal skin was used as the first armor to protect the body. Animal skins were wrapped by warriors around the body or simply draped over the shoulders and hung behind, covering the back. Also used was a bronze bell-shaped carapace consisting of front and back plates, with a simple relief depicting the anatomy of the upper human torso. The two plates were connected to each other with the help of the corresponding fasteners, which are located on the sides and on the shoulders. The bell-shaped carapace gradually went out of circulation as it was replaced by the canvas carapace. Along with this shell, there was also an iron shell. Rich Romans wore chain mail, which was apparently also used by some Greeks at the time. The period of formation and development of personal protective equipment, namely the period of the Middle Ages, is characterized by the following features: it is considered “a great period in the history of the development of knightly protective weapons”; three types of soft armor were used, namely: 1) made of fabric (for example, linen) or leather lined with wool or wool; 2) chain mail (used in Europe since the 5th century BC); 3) from metal plates (more or less large and rigid); pleated paper was used for the production of personal protective equipment at that time.

Draft Constitution of Transcarpathian Ukraine: general legal characteristics

A study of the draft Provisional Constitutional Law (temporary constitution) of Transcarpathian Ukraine was conducted. The main external formal and legal provisions of this document have been analyzed, which allows us to draw certain conclusions about the intentions of the leaders of Transcarpathian Ukraine, revealed by them when drafting this act and aimed at forming the constitutional foundations of this territorial formation of the transitional period.

The functions of a Municipal Law as a branch of law: debatable issues of theory

In article problems of the theory of functions of a modern Municipal Law are considered. The basic essential and meaningful, objective and subjective, internal and external aspects of modern Municipal Law. It is noted that among the basic tasks that are currently faced domestic science Municipal Law, is the formation of a coherent and comprehensive knowledge of the system of municipal law of Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. A holistic conception of the Municipal Law of Ukraine in the unity of its static and functional, material and procedural elements are important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law-making and law enforcement activities.
 However, if the theory of problematic issues of Municipal Law as in law, its genesis, sources, norms and institutions are reflected in the works of Ukrainian researchers, the problem functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of Municipal Law makes it possible to understand the importance of this area of law to regulate social relations and answer questions about the role of Municipal Law in society and the state.
 It is proven that the legal features and qualifications of the functions of municipal law find their logical continuation in each independent group of these functions, which can be distinguished according to the appropriate division criteria. These criteria, which are the basis for the classification of functions of municipal law, should include: a) objects of influence of municipal law. According to this criterion, it is necessary to distinguish such objective functions of municipal law, from among the main ones, such as political function, economic function, social function, ideological function and corresponding external functions of municipal law; b) ways and means of influence of municipal law on relevant social relations. Such functions should include regulatory, establishing, protective, control, integrative (system-forming), law-making, law­enforcing, informational, axiological and a number of other functions of municipal law; c) conditions of influence of municipal law on relevant social relations. Such functions should include temporal (permanent and temporary) and territorial (national and local).
 These criteria are the main criteria for the classification of functions of municipal law and do not exclude the possibility of identifying other criteria that would make it possible to improve their classification.

CONSTITUTIONAL AND LEGAL CONSOLIDATION OF NATIONAL OBJECTIVES AND PRIORITIES IN THE SOCIAL POLICY OF THE RUSSIAN FEDERATION

The purpose of the study is to identify the interdependency between the constitutional reform and changes in social institutions and to propose directions for the development of new constitutional provisions in the legislation of the Russian Federation. Materials and methods. The methodological instrumentarium is chosen taking into account the specific goals of the work. The dialectical-materialistic method of cognition made it possible to study the subject in development, in interrelation of all its individual manifestations and in interaction with related phenomena, to substantiate the advantages and disadvantages of various approaches to solving this issue. The methods of formal logic: description, comparison, analysis and synthesis made it possible to reveal and characterize in detail the legal, moral, ethical and other aspects of constitutional and legal transformations. The use of specific scientific methods of cognition: comparative legal, formal legal, statistical, structural and functional – made it possible to explore the problem under consideration in interrelations and interdependence, to identify certain trends, to make generalizations and conclusions. Study results. The relevance of the research topic is determined by the need to legally consolidate traditional Russian values and worldview guidelines, to preserve and pass the Russian civilizational code for future generations in conditions of a changing world order and defending the idea of a multipolar world. The Constitution of the Russian Federation, as amended in 2020, became the result of transformations in social institutions and the program for the development of the Russian society and the state for the future. The constitutional doctrine is evaluated in retrospect, the prerequisites for the 2020 constitutional reform are assessed, and its first results are analyzed. New constitutional and legal norms and their development in the legislation of the Russian Federation are analyzed, comparative legal characteristics of individual constitutional and legal novelties are given, and their importance in the system of constitutional and legal regulation of public relations is substantiated. Conclusions. The author comes to the conclusion about the public demand for the constitutional consolidation of institutional changes that have taken place and consolidated in the Russian society in the last three decades of constitutional development.