Legal Components Research Articles

The Soviet-Japanese Basic Convention of 1925 (the Historic and Legal Aspect)

The paper is devoted to the problem of international cooperation between the Soviet Union and Japan in the 1920s. The author uses the method of historical and legal analysis to examine the convention on the basic principles of relations between the USSR and Japan that was adopted in 1925. The Convention was one of the first significant historical instruments of the 20th century within the framework of the development of the Russian Far Eastern political program. The author examines the document from a historical and legal point of view in order to reveal its legal component and deepen the understanding of its diplomatic significance and influence on the development of international relations in the first half of the 20th century. The paper presents historical resources on the key reasons and conditions that led to the signing of the Convention. Particular attention is paid to the analysis of the Convention’s content, basic principles of cooperation enshrined in the Convention that laid the foundations for the regulation of relations between the Soviet Union and Japan. The author also examines the consequences the Convention had for both countries both in the short and long run. The study presents the author’s standing regarding the contradictory nature of the Convention of 1925 expressed in realization by the parties of their foreign policy objectives through unequal concessions, particularly for the USSR. The contribution of the Convention to the formation of political and economic relations between Japan and the USSR in the following years is emphasized.

Development and Initial Implementation of a Clinical Monitoring Strategy in a Non-regulated Trial: a research note from the ReStOre II Trial

Background Data and Safety Monitoring is integral to quality assurance of clinical trials. Although monitoring is a core legal component of regulated clinical trials, non-regulated trials are not mandated to incorporate monitoring. Consequently, the monitoring process has been underutilised and underreported in this setting. This research report outlines the development and plans for implementing a bespoke Clinical Monitoring Strategy within the ‘Rehabilitation Strategies Following Oesophagogastric and Hepatopancreaticobiliary Cancer (ReStOre II) Trial’, a non-regulated trial comparing a 12-week multidisciplinary programme of rehabilitation to standard care in a cohort of 120 cancer survivors. Methods This research note provides a detailed overview of the ReStOre II Clinical Monitoring Strategy and describes the development of the strategy pre and post awarding of the grant. The strategy consists of the establishment and implementation of a comprehensive trial governance structure, inclusive of a Trial Management Group, Trial Steering Committee Meeting, and Independent Data Monitoring Committee. In addition, external trial monitoring by the Clinical Research Facility at St James’s Hospital. Three monitoring visits will be conducted during the trial; i) site initiation visit, ii) interim monitoring visit, and iii) close our visit. Results The Clinical Monitoring Strategy has been finalised and is currently being implemented within the ReStOre II Trial. Two site initiation visits and one interim monitoring visit have been completed to date. Conclusion This research note provides a template for implementation of a Clinical Monitoring Strategy in a non-regulated clinical trial. Registration ReStOre II Trial: https://clinicaltrials.gov/ct2/show/NCT03958019

Regulatory and legal component of administrative regulation of probation

The article examines the normative-legal component of the administrative regulation of probation.Itwasdeterminedthattheadministrative and legal regulation of probation is a set of legal norms and mechanisms that determine the order of organization and implementation of probation measures in the state, the competence of state bodies, their duties and rights regarding control over the implementation of probation measures and interaction in this area with the courts , law enforcement agencies and social services. It is noted that probation is a system of supervision, control and social-educational measures applied by court decision to offenders instead of imprisonment or as a substitute for punishment, includes individual supervision, assistance in resocialization and measures aimed at preventing repeated crimes and ensuring safety society, while integrating the offender into social life without isolation. It is emphasized that the NPA system of administrative and legal regulation of probation includes international legal standards, national NPAs, including Acts of central executive bodies, local normative acts, agreements, methodological recommendations, etc., the norms of which are aimed at the development of alternative punishments, provision of rehabilitation and social support of offenders, regulation of the organization and implementation of probation in Ukraine, determine the legal basis for the activity of probation authorities, and also establish the procedure for providing probation services for persons who have committed a criminal offense. It was determined that the shortcomings of the administrative and legal regulation of probation are: the imperfection of the legislative framework, violation of the probation procedure, clear criteria for assessing the convicted person and the system for assessing the risks of recidivism, the mismatch of resources and the burden on the system, the low level of coordination between subjects of probation, the prevalence of ineffective methods of psychological works; society is not aware of the purpose and mechanism of probation, etc. It has been stated that the prospects for improving the normative-legal basis of the administrative-legal regulation of probation in Ukraine are: harmonization of legislation with international standards, institutional strengthening of the probation system, expansion of various approaches to probation, improvement of mechanisms for rehabilitation and support of offenders, involvement of public organizations, development of electronic monitoring systems , expanding educational programs for probation officers, increasing funding, research and analysis of probation effectiveness, etc.

Energy Diplomacy of Turkmenistan: Determining Factors and Legal Framework

Introduction. Energy diplomacy is an effective means of ensuring energy security (international and national) and, at the same time, an instrument for implementing the foreign energy policy of states. Since energy diplomacy is formed and implemented in the conditions of the state legal and international legal environment, the study of its legal component acquires not only theoretical, but also important practical significance. At the same time, the legal aspects of energy diplomacy (both in general and in relation to specific countries) have not yet been systematically developed in the legal literature, including in the science of international law. Based on the analysis of scientific and regulatory material, the article identifies the features of Turkmenistan's energy diplomacy and its legal support.Materials and methods. Within the framework of the study, the sources of international law related to the topic under consideration, political and legal policy documents and acts of national legislation of Turkmenistan are considered. The theoretical basis of the research was the scientific works of experts in the field of international law and energy law, as well as individual studies of the problem of energy diplomacy, including in relation to a chosen country. The methodological basis of the study was presented by general scientific and special legal methods.The results of the study. Factors of a resource-geographical nature, combined with factors of a political and legal nature (the status of Turkmenistan as a permanently neutral state) determine the originality of foreign energy policy and, significant from the point of view of international law, the features of Turkmenistan's energy diplomacy. The main strategic priority of Turkmenistan's energy diplomacy is to increase the export potential of oil and gas products and, in this regard, to create an extensive, modern and efficient infrastructure for transit and delivery of energy resources to foreign energy markets, comprehensive legal support for these processes. Reliance on the potential of multilateral diplomacy (primarily in the UN system) for the international legal legitimization of their national interests in the energy sector is combined with the development of bilateral international legal relations of energy cooperation on terms of mutual benefit, while respecting the basic principles of international law. The head of state plays a special role in the development and legal formalization of Turkmenistan's energy diplomacy. Embargoes, as well as unilateral restrictive measures, used in the practice of a number of States and individual integration associations, are not used as a means of economic pressure on other States. Special importance is attached to preventive diplomacy within the framework of the Central Asian region.Discussion and conclusion. Turkmenistan's energy diplomacy, being the main means of implementing its foreign energy policy, has an international and constitutional legal framework, in turn, including: the UN Charter and other fundamental international legal acts establishing the basic principles of international law and the provisions of the Constitution of Turkmenistan on adherence to these principles, taking into account its permanently neutral status; Resolutions The UN General Assembly and acts of the constitutional legislation of Turkmenistan relating to the legal formalization and implementation of its permanent neutral status; norms of international law and provisions of the constitutional legislation of Turkmenistan regulating the main forms of diplomatic activity; special principles of international energy law correlating with the norms of the constitutional law of Turkmenistan.

Mechanism of implementation of the right to health care, medical assistance and medical insurance

The article examines the problematic issues of defining the concept of the mechanism of realization of the right to health care and medical assistance, as well as the components of the specified mechanism and the systemic connections between them. The author’s definition of the mechanism of the realization of the right to health care, medical assistance and medical insurance is proposed, which should be considered as a complex process, a system of interconnected components that create conditions for the legitimate exercise of the right of an individual, which includes a set of relevant legal norms regulating social relations that arise in connection with the exercise of the specified right and provide for the forms, grounds, conditions and procedures for its exercise; legal and enforcement acts; the activity of the person himself as the bearer of the subjective right in the exercise of his rights and duties; direct activity of the relevant authorities for the application of this right; legal relations through which subjects implement the researched law. It was concluded that the structure of the constitutional-legal mechanism for the realization of the right to health care and medical assistance is represented by a set of the following components: constitutional norms that establish the specified right; legal acts (normative-legal acts, which are the external form of expression and consolidation of these norms, and interpretative-legal acts, which contain an explanation of the content of legal norms; acts of application of legal norms (individual-legal); guarantees of the exercise of this right; the activity of a person from his use, which allows to distinguish the normative-legal and institutional-legal component of the mechanism. The regulatory and legal component of the implementation mechanism includes legal norms that determine the conditions, forms and procedures for the implementation of this right, the content of the right itself; economic, legal, organizational, institutional and other means and conditions for realization of the researched right, as well as guarantees of realization and protection of the right to health care, medical assistance and medical insurance. The institutional and legal component is represented by the system of authorized bodies, institutions and establishments that manage, organize activities, provide medical assistance or services. The special content of the right to health care and medical assistance allows us to distinguish the features of the mechanism of implementation of this right: a) it is carried out by bodies that provide medical assistance or contribute to the provision of medical assistance (support units); b) has a limited scope, because it is used exclusively during the implementation of the above-mentioned right; c) one of the subjects of legal relations is always the person who receives medical assistance, and the other is public health care institutions that directly provide health care(enterprises, institutions, organizations of various forms of ownership, including those created by private individuals, provided they have the necessary material and technical base and qualified specialists); d) realization of the rights and freedoms of citizens takes place in three forms - compliance, implementation and application of legal norms; e) realization of the researched right is carried out according to a certain procedure, which is established by national legislation.

The national idea in the Ukrainian legal area

The study is based on the assumption that at the current stage of development of the State and society, there is a need to form a national idea of the State, which is a theoretical expression of the Ukrainian people's self-awareness of their identity and individuality, and which, based on common values and interests, can be one of the important factors in consolidating Ukrainian society, a general vector for further development of the country and a guideline for its role and place in the world community. The national idea is an expression not only of the psychological and cultural model of society, but also a manifestation of the national legal sphere, which has a complex and ambiguous composition that requires a detailed scientific study. The purpose of the study is to identify the prerequisites and components of the formation of the national idea at the current stage of development of Ukrainian society and the State in the legal plane. The theoretical basis of the study is based on analytical developments in the theory of state and law, political science, constitutional law, and sociology of law in the study of various aspects of the national idea in the context of globalization. Numerous tasks and the diversity of the material under study have led to the use of various research methods: formal legal, systemic and structural, specific sociological, logical. The work uses the socio-cultural and civilizational approaches to the analysis of legal ideology, legal policy, legal doctrine, as well as axiological, geopolitical, and institutional approaches to the national idea of the State. It is noted that when forming the national idea, laying a progressive national-state ideology as its basis, it is necessary to take into account both the cultural uniqueness of Ukraine and the legal component of society, as well as global trends in the modern world. In the context of state-building, the national idea should be an integrative ideological basis on which to consolidate the political nation and create a project for the country's development for the future. It can be argued that the modern state-building process in Ukraine requires modernization of the concept of the national idea and certain adjustments to its value content. In order for the national idea to become an effective basis for the development of the rule of law, it must be correlated with legal ideology, legal policy and legal doctrine, and must be consistent with such values as national interest and national mentality. The implementation of the national idea should have a specific content and be filled with practical steps in the development of the Ukrainian state.

Правовий статус юридичних осіб як учасників правовідносин у сфері цінних паперів

The purpose of the research is to identify the peculiarities of the legal status of legal entities as participants in legal relations in the field of securities in the context of the adaptation of Ukrainian legislation to EU legislation. The article is also aimed at showing individual trends in the recodification of the Civil Code of Ukraine. Research methodology. To the research, the legislation of Ukraine was used as an empirical basis for research, as well as scientific developments in the field of law, economics and finance. The goals of the research were achieved with the help of the used research methods (dialectical, structural-logical, formal-legal), as well as research techniques (analysis, synthesis, induction, deduction, etc.). The dialectical approach made it possible to determine the peculiarities of the legal status of the participants in relations in the field of securities under the legislation of Ukraine. The method of autopoiesis was also used to study the patterns of development of relations in the field of securities. This made it possible to reflect the mutual influence of economic and legal components, as well as to demonstrate the importance of each of them. The structural-functional method ensured the identification of criteria for the classification of legal entities participating in legal relations in the field of securities. The scientific novelty is that this article is one of the first comprehensive studies of the peculiarities of the legal status of legal entities as participants in the securities market. Conclusions. In the legislation of Ukraine in the field of securities, the requirements regarding the organizational and legal forms of professional capital market participants, whose legal status is determined by the Law of Ukraine "On Capital Markets and Organized Commodity Markets", are unified. This indicates a gradual rejection of the use of such organizational and legal forms of legal entities as full and limited partnerships. The need to maintain a register of systemically important professional capital market participants is justified

International legal foundations of national security

The article shows that modern national security is inextricably linked with ensuring global security, and also contains a very important legal component in addition to the military component. The primary role in this dual process belongs to the UN, so it is important to assess the position of the UN Secretary General on this issue. The latest Report of the Secretary General presents a new concept of the Rule of Law in international relations. Although the Report unduly focuses on the Rule of Law within States rather than in international relations, the Secretary General’s Report, which analyzes almost all aspects of the Organization’s activities, nevertheless shows effective measures towards strengthening International Law.

Beyond the Signature: Informed Consent from a Legal Perspective and Its Implications for Plastic Surgery.

Informed consent is the principal tool that bridges the gap between clinical practice and our society's ethical ideals. The intricacies of informed consent, however, are frequently misunderstood, and its effective implementation can be challenging in practice. The continuous stream of innovations, wide array of procedures, and other characteristics inherent to the practice of plastic surgery compound the challenges of implementing informed consent. Unfortunately, there remains a dearth of literature to provide a comprehensive overview of informed consent as it relates to plastic surgery. In this article, the authors highlight the history, legal components, and challenges of informed consent within plastic surgery and offer recommendations on how to approach them. A deeper understanding of informed consent helps enhance patient care, mitigates unnecessary malpractice risk, and leads to better physician-patient relationships.

The Ukrainian–Russian Armed Conflict and the Law of Neutrality: Continuity, Discontinuity, or Irrelevance?

This article examines the role of the law of neutrality, namely the international legal regime defining the status of a State not party to an international armed conflict, in the Russian-Ukrainian armed conflict by analyzing the legal justifications offered by States and scholars with reference to the provision of weapons to the belligerents. The findings reveal that different positions could be identified ranging from an approach that reflects continuity regarding the basic premises characterizing this legal regime, to the emergence of a relevant discontinuity regarding its traditional legal contours or, finally, solutions implying its current legal irrelevance, even if on multiple occasions States have refrained from framing their positions in clear legal terms. The diminishing relevance of the law of neutrality may eventually lead to a legal order where third-party involvement in conflicts becomes more common. At the same time, the ongoing crisis of the United Nations’ collective security system and violations of its basic principles might risk making traditional interpretations of the law of neutrality a legal component of the lawfare portfolio available to States violating the prohibition on using force, thus mandating a reassessment in its interpretation.

In Pursuit of Innocence: A Study of Race and Ethnicity Differences in Time-to-Exoneration

The purpose of this study is to examine the impact of race and ethnicity on time-to-exoneration through the lens of focal concerns theory. Focal concerns theory has been used to demonstrate that criminal justice actors are influenced by legal and extralegal factors in decision making and rely on stereotypes to assess blameworthiness, protection of the community, and in navigating practical constraints and consequences. Utilizing data obtained from the National Registry of Exonerations (N =507) survival analysis was performed. The findings indicate that Black exonerees experienced a longer time-to-exoneration than did White exonerees and that Hispanic exonerees experienced the shortest time-to-exoneration of all. The findings offer support for focal concerns theory in the demonstration that racial and ethnic differences are present in time-to-exoneration resulting in disparities which disadvantage minorities. Further support for focal concerns theory is found in that the legal components of a case are shown to be associated with racial and ethnic differences in time-to-exoneration.

International Legal Approach to Understanding Energy Diplomacy

INTRODUCTION. The relevance of the research topic is determined, firstly, by the increasing importance of energy diplomacy for solving modern problems arising in the field of international energy cooperation, and secondly, by the significance of studying the problems of energy diplomacy from the point of view of the science of international law. Despite the fact that energy diplomacy is being formed and realizing its potential in the international legal environment, it is not given adequate attention to its role in the legal literature, including in scientific works on international law, which, in turn, looks like a gap in international legal science. The purpose of the work is to substantiate the international legal concept of energy diplomacy, to identify its connection with the classical model of diplomacy and at the same time specific, to objectively identify the main directions of the relationship between energy diplomacy and international law.MATERIALS AND METHODS. When writing the work, scientific works related to the topic, international treaties and documents of international law, acts of national legislation of states are analyzed. General scientific and special methods of cognition, including comparative legal and formal legal, were used as a research method.RESEARCH RESULTS. Energy diplomacy is derived from the “classical” model of diplomacy. There are various interpretations of diplomacy, focusing on its various aspects and manifestations. The article substantiates the understanding of diplomacy as a means of implementing the state’s foreign policy through the activities of special entities (bodies of foreign relations) using non-military techniques and methods in accordance with international law. The evolution of diplomacy and the emergence of its new forms are traced, their specificity and international legal component are noted. Taking into account the specifics of energy, international energy cooperation, their legal support based on the potential of international and national law, the independent nature of energy diplomacy, its increasing role in modern conditions is substantiated. The specific features of energy diplomacy are identified and its concept is proposed, taking into account the international legal component. In modern conditions, full-fledged regulatory and institutional legal foundations of the EU’s foreign energy policy and energy diplomacy have not developed. It is noted that the legitimacy of unilateral restrictive measures applied in energy diplomacy by a number of states is indisputable from the point of view of international law. The main directions of the relationship between energy diplomacy and international law are outlined in detail, options for legitimizing the national interests of states in the energy sector based on the potential of international law are highlighted.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, energy diplomacy is a new functional area of diplomatic activity. It has a single essence with “classical” diplomacy (to serve as a means of implementing foreign policy, in accordance with international law) and, at the same time, is characterized by a number of features derived from the energy sector and energy law (a special focus on the implementation of the goals and objectives of the state's foreign energy policy, the participation of energy departments in it and the connection of energy companies, methods used in it). Secondly, energy diplomacy and international law in the process of their development and functioning are mutually linked and have a reciprocal influence. International law, firstly, defines the legal framework and forms of implementation of energy diplomacy (as well as diplomatic activity in general), and secondly, plays a decisive role in legitimizing the national interests of states in the field of foreign energy policy carried out through energy diplomacy. In turn, energy diplomacy, relying on the potential of international law, contributes to ensuring energy security (national and international) and, thereby, to maintaining the international energy order. In general, energy diplomacy influences the process of creation and operation of international law norms and contributes to the development of international law.

Assessment of the knowledge, attitude and practices of the informed consent process in oral healthcare among dental students in Makerere University Dental Hospital, Uganda

IntroductionInformed consent is an ethical and legal component of healthcare. It ensures patient autonomy and allows patients to make decisions regarding their treatment. In dental care, informed consent is particularly important because most dental procedures are invasive. Since dental students are future dentists, they need to learn about their ethical obligations and accountability through the informed consent process as this is critical to patients’ well-being. This study aimed to determine dental students’ knowledge, attitudes, and practices of the informed consent process for oral health care in Makerere University Dental Hospital, Uganda.Study methodologyThis was a descriptive cross-sectional study using quantitative methods. It was carried out at Makerere University Dental Hospital and third, fourth, and fifth-year students (n = 102) pursuing a Bachelor of Dental Surgery program took part in the survey. A self-administered structured questionnaire was used to assess their knowledge, attitudes, and practices of informed consent for oral health care. Collected data were entered into Epi-data version 3.1, where it was cleaned, coded, and imported to STATA version 14 software for statistical analysis.ResultsAbout two-thirds 67 (65.7%) of the participants were males. The mean age was 25 (SD = 3.21) years. The majority (90%) of the students had a high level of knowledge of the informed consent process. About (80%) had a positive attitude towards informed consent and (85%) most often practiced the informed consent process. Based on bi-variate analysis, training on informed consent, year of study, age, and sex were significantly associated with the informed consent process. However, there was no significant risk factor associated with informed consent in multiple logistic regression analysis.ConclusionThe study findings highlighted high levels of knowledge, positive attitude, and practice of the informed consent process among the clinical dental students. Continuous training is necessary to remind dental students about the importance of informed consent in healthcare, not only for complex procedures.

Slaying the Toothless Tiger: Social Equity as the Legal Element of the Blue Economy

The ‘blue economy’ is slowly emerging as a catch-all concept that captures the goals of sustaining economic development opportunities while simultaneously maintaining ocean ecosystem health. However, identifying the scope and boundaries of the blue economy has proven to be a challenging task. The aim of this article is to provide a new approach to finding a practical definition of the blue economy. Social equity is noted as the legal component and balancing mechanism that operates between the economy and the environment. This legal compensation mechanism has so far only been rudimentarily elaborated on in governance texts and must be given concrete form through legal methods and, in particular, through the creation of an institutional and procedural framework. The article introduces the idea that an advanced legal concept for the blue economy can be realised by using existing administrative processes and by strengthening the participation of private actors within these processes.

The Role of the Athletic Trainer in Providing Care to Transgender and Gender-Diverse Patients: Considerations for Medical Affirmation-Part II.

Recently, with discriminatory legislation efforts and changing participation policies in organized sports, media attention surrounding transgender and gender-diverse (TGD) individuals has increased. These changes and the historical lack of competence and education regarding the transgender patient population have resulted in subpar patient care and a misunderstanding of the athletic trainer's (AT's) role within the health care and compliance systems. This literature review is the second part of a 2-paper series, and our objective was to educate ATs on the processes relevant to medical affirmation, including compliance considerations regarding medical eligibility, and to establish the AT's role. The gender affirmation framework includes social and legal components, which are discussed in part 1 of this literature, and the medical component is thoroughly discussed in part 2. All health care providers involved in the care of TGD individuals should work collaboratively on an interprofessional care team and have a general knowledge of the gender-affirmation process, including gender-affirming hormone therapy, surgical options, known risks and complications, and the general health needs of TGD patients. With this knowledge, ATs, as point-of-care providers and members of the interprofessional care team, are uniquely positioned to help reduce health and health care disparities. Furthermore, ATs can use their knowledge to facilitate medical compliance and eligibility in the evolving policies of sporting organizations.

On the Interrelation of the Concepts of Corruption, Corruption-Related Crimes and Bribery in the Legislation of the Republic of Kazakhstan and the Russian Federation

Corruption has become a transnational phenomenon that threatens the stability and security of the society. Moreover, this phenomenon has a negative impact on various spheres of society, which undermines the democratic institutions and values of any state. Statistical data from Russia and Kazakhstan indicate that the number of corruption-related crimes has been increasing, thus pointing at the lack of effective measure of combating this phenomenon. In the studies and normative acts of Russia and Kazakhstan regulating the issues of combating corruption, the concept of corruption is given a different interpretation. In this regard, using the analogy with the legislation of Kazakhstan, the authors propos a new understanding of corruption, which should be codified in the relevant Federal Law of Russia. In addition, in order to improve the quality of legal regulation of anti-corruption in the General part of the Criminal Code of the Russian Federation, it is necessary to consolidate the list of corruption-related crimes. There are quite a lot of definitions of the term bribery in academic literature. At the same time, most authors believe that it should be considered through criminal and legal components. Bribery is one of the most important elements of corruption, responsibility for it is provided in articles 366, 367, 368 of the Criminal Code of the Republic of Kazakhstan and articles 290, 291, 2911, 2912 of the Criminal Code of the Russian Federation. In the Criminal Code of the Republic of Kazakhstan, the offer and promise of a bribe (including the offer and promise of mediation in bribery) is not criminalized. In this connection, the authors, with regards to the requirements of the UN Convention against Corruption on criminalization of acts of promising, offering mediation in bribery, and relying on the practices of the legislator of the Russian Federation, propose to amend Article 368 of the Criminal Code of the Republic of Kazakhstan (Mediation in Bribery). The authors believe that the discussed changes and additions will result in a legal framework for combating corruption and defining its boundaries.

The Рrocedural and Legal Nature of the Competition of Claims

In the article, the author examined the main features of competition of claims in order to identify their procedural and legal nature. To achieve this goal, the author mainly used the historical method, as well as methods of comparison and analysis. As a result of the study, the author formulated general conclusions that are placed in the conclusion: 1) although competition begins with the choice of a method of defense, its final formalization lies in the concept of a claim addressed to the court, which must select a competing claim, i. e., qualify an offense; 2) the common purpose of competing claims lies in the factual basis of the claim, in circumstances that are the same for the competing claims. However, the unifying feature of competition claims does not include a legal component. It is different for competing claims and stems from different norms of civil law, and therefore entails confrontation between these claims; 3) the termination of other competing claims by the award of the first claim is a key feature of the competition of the claim, indicating the procedural and legal nature of the competition.

DISPUTES IN THE APPLICATION OF EMPLOYMENT COPYRIGHT LAW RELATING TO THE PRINCIPLE OF STRICT LIABILITY IN ENVIRONMENTAL CLUSTERS

Numerous conflicts have arisen since the Omnibus Law-based Job Creation Law was passed, particularly in the environmental cluster. In this instance, it is evident in the environmental cluster of Article 22 Number 33 of the Job Creation Law, where the phrase "without the need to prove elements of error" is omitted, leading to ambiguity in its meaning. Subsequently, the legal ramifications for law enforcement, settlement quality, and environmental preservation; following this, the legal ramifications for land fire and forest fire incidents; and last, the indirect legal ramifications for environmental legal politics. As the owner of the authority, the government should review and revise the Job Creation Law in the environmental cluster and strengthen the law enforcement system in order to achieve justice and a sustainable development without ignoring the protection and management of the environment so that its sustainability is always maintained both now and in the future. This is because the government is best suited to manage matters like these, which have connections to law enforcement and other important legal components. It's likely that the data from this study will be useful for future research on the environment or other subjects..

党内法规及其在中华人民共和国权力系统中的实施

In the overall system of socialism with Chinese characteristics, there is a peculiarity in the application of intra-party regulations, that is, they contain both political and legal components. The political component stimulates the legal one. Therefore, the so-called coercive power of party regulation should be considered not only from a legal, but also from a political aspect. The prescriptive requirements contain the absolute necessity of emphasizing the positive effects of the actual implementation of the CPC’s internal party regulations, which are constrained by the historical background and are aimed at strengthening the party’s overall leadership over important social and state activities. The form of coercive force stated in the Party’s normative documents and embodied in political practice does not have a legislative form. The realization of coercive force is also different from the enforcement of the law required by law enforcement practice. The process of implementation (execution) of the internal party regulations requires special attention, since the analysis of all the components of this process allows us to determine the relationship between them and determine their influence on the degree of effectiveness of the adopted decisions. Therefore, the object of study is the process of implementing the normative bills within the party, and the internal logic of their operation is explained in detail. The article presents an integrative structure for the party regulations implementation as a model, the implementation of which is of great importance for significantly improving the effectiveness of the implementation and management of intra-party normative bills and improving the effectiveness of intra-party regulations. The objective of this study is to analyze the institutional texts of internal party regulations to determine the essence of the concept of executive authority in the context of party and government development. This will complement the various connotations of the responsibility of the executive branch as a whole, as well as strengthen its organizational, political, ideological and social reflections.

Legislative basis for the development of the institute of «green» public procurement in the Republic of Kazakhstan

The scientific article presents a review of the legal component of procurement for public needs taking into account modern environmental criteria and the functioning of the Institute of «green» public procurement in the country. In order to assess the practical application of environmental criteria in public procurement, the authors of this article assess the possibility of their application in the Republic of Kazakhstan, taking into account the new draft law under discussion. The ways of legislative support necessary for its full-fledged launch are discussed. Successful practices in foreign countries are considered. The purpose of the article is to assess the practical application of the current legislation regulating the sphere of public procurement in the country by reviewing it from the point of view of the use of environmental criteria, as well as analyzing the possibilities of legislative support of the institute of «green» public procurement in general. The authors of the article note that given the fact that «green» public procurement is an important tool for ensuring environmental safety, improving the environmental situation, the introduction of this institution in the country is a critical need. However, for this purpose, according to the authors, a clear legal procedure of environmental requirements and conditions should be approved in public procurement. The new law to be adopted and the changes that are being made to the industry as a whole are important for the successful launch of the institution of green public procurement in the country. However, the quality of the provisions to be enshrined together with the main law is also a critical need.