Legal Form Research Articles

Human rights protection during armed conflicts: Problem aspects

The purpose of the article is a comprehensive analysis of problematic aspects of legal responsibility for human rights violations during armed conflicts. To achieve the goal, the following methods were used: systematic, logical and semantic, formal legal, comparative legal, formal logical, formal dogmatic, analysis. The article argues the approach according to which armed conflicts are characterized by a total violation of rights, among which the following fundamental rights are the most violated: the right to life, the right not to be subjected to torture, inhuman treatment, enforced disappearance and the right to a trial. It was concluded that these rights are the "immutable core of human rights" that cannot be violated, the characteristic features of which are: fundamentality, inalienability, inalienability and objective necessity. The development of additional regulatory and institutional guarantees for the protection of these rights and effective ways to bring perpetrators to criminal and international responsibility requires coordinated work of various institutions. Combating and counteracting human rights violations in time of armed conflict requires the united efforts of nations to eradicate aggressive warfare and the use of weapons.

경찰기관의 정보공개 처분에 대한 검토

In this study, examine information disclosure and the administrative judgment system, which are means of police control, and examine the current status of the Central Administrative Appeals Commission's citation decision that clearly recognized the illegality and unfairness of the disposition of information disclosure by police agencies in 2023. In addition, it was intended to provide suggestions for reasonable disposition of information disclosure by police agencies. When a citizen exercises the right to request information disclosure from a police agency, the police agency decides whether or not to disclose the information in accordance with the statutory procedures set forth in the Information Disclosure Act. A person requesting information disclosure may appeal a police agency's decision to disclose information by filing an administrative appeal with the Central Administrative Appeals Commission. After reviewing the decision to disclose information to police agencies, be able to confirm the following facts. First, police agencies identified cases where they did not comply with statutory procedures under the Information Disclosure Act or misjudged the application of reasons for non-disclosure. In addition, we were able to confirm cases where police agencies' information disclosure officers lacked basic knowledge of the Information Disclosure Act, adding or changing the reasons for disposition, or restricting the information disclosure claimant's right to object through a substantive refusal with formal legality. The suggestions derived from the review of citation decisions regarding information disclosure by police agencies as discussed above can be summarized as follows. There is a need to do about the First, strengthening disciplinary responsibility for those in charge who do not comply with information disclosure procedures, Second, regular education and evaluation on cases of illegal and unfair information disclosure, Third, the introduction of a training completion system for police agency-specific office workers in the fields of investigation, transportation, and life safety, Fourth, strengthening the supervisory function of the Supervisory Office, Fifth, disclosure of cases of illegal and unfair decisions

COMPLIANCE AND LEGISLATION IN THE FIELD OF INTELLECTUAL PROPERTY

This article is devoted to the study of the institute of compliance, the need to implement compliance procedures in an organization regardless of the form of ownership, type of legal entity, organizational and legal form. This business process has been widely implemented in the financial sector, but due to the spread of the introduction of economic sanctions and threats of secondary sanctions, it has become particularly relevant in Kazakhstan. This article analyzes the issues of the essence of compliance, procedures, goals and objectives, functions of services, types of compliance, negative consequences of non-compliance with legal requirements, corporate norms, ethical standards and internal regulatory documents. In the article, the author substantiates the need to include in the functions of compliance controllers the study of risks in the sphere of intellectual property turnover, which is a necessary measure of compliance with legal norms on intellectual property, not limited only to the introduction of anti-corruption, sanctions or antimonopoly compliance. In practice, these areas are well-established. However, illegal turnover of intellectual property, violations of exclusive rights create serious legal risks and financial consequences. In this regard, the author considers it necessary to implement compliance depending on the type of activity of the company, including for compliance with intellectual property legislation. This position is based on numerous facts of judicial proceedings, criminal and administrative prosecution of offenders who, when applying this type of compliance control, could have prevented violations of intellectual property law in advance. The introduction of compliance control in this area would prevent the onset of legal consequences and financial losses (fines, confiscation).

ANTHROPOLOGICAL APPROACHES TO THE STUDY OF CRIME: HISTORY AND CURRENT STATE

The purpose of the study is to identify the relationship between anthropological approaches to the study of crime and the possibility of their application in modern criminology to prevent crime. Materials and methods. The methodological tools correspond to the goals and objectives of the study and include the use of a dialectical-materialistic method of cognition, due to which it was possible to consider the subject of research in development, taking into account its interrelationships with historically changing legal phenomena. The comparative historical method as the main method allowed the authors to analyze the development of the institute of criminal anthropology and its patterns. The methods of formal logic, such as description, comparison, analysis and synthesis, made it possible to fully disclose the criminological and legal aspects of the phenomenon under study. The applied private scientific methods, such as comparative legal, formal legal and structural-functional ones were used to determine the interrelationships and interdependencies of the studied phenomena, as well as to make the necessary generalizations and conclusions. The results of the study. The relevance of this topic is due to the fact that today there are controversial issues regarding the anthropological approach to the study of crime. However, thanks to anthropological research, the study of the causes of crimes was initiated, which shed light on the appearance of deviant behavior of a person, which gave a great impetus to the development of criminology as a science. The anthropological aspect of crime has given answers to many questions about the causes of crime, and also marked the beginning of the race to find the truth: are criminals born or made? The anthropological theory in criminology is evaluated and assessments are given on the application of certain anthropological knowledge to crime prevention in the modern world. The importance of criminal anthropology in the system of crime prevention measures is substantiated. Conclusions. It is concluded that the anthropology of crime has generated ideas and views on the causality of crime as a result of the interaction of biological factors and surrounding realities and conditions that affect progressive or regressive development. It is noted that criminals have brain disorders, instability, genetic mutations, pathologies of their behavior and mental disorders that push them to commit crimes or act as the only solution in a stressful situation, since such people simply do not have a chance to arouse thought in a different way.

Criminalistic Characteristics of Organized Forms of Fraud

The article presents the criminalistic characteristics of organized forms of fraud. The author’s own definition of organized forms of fraud is presented, the elements of criminalistic characteristics are described, the structure of organized groups is given, and the personal characteristics of a participant in such a group are defined. The novelty of the article’s topic consists in viewing the problem through the prism of the author’s analysis of his own law enforcement experience and research publications. It is an attempt to present not just a standard criminalistics description of such crimes, but also to define different relevant organized forms of fraud from the standpoint of the elements of committing them. The goal of the publication is to single out the specifics of the criminalistic characteristics of organized forms of fraud. The author uses the normative legal regulation analysis, the formal legal and the comparative legal method. The theory and law enforcement practice allowed the author to identify key elements of the criminalistic characteristics of the crimes under consideration, to single out ten methods of the organized forms of fraud, to identify five typical groups of persons who commit such crimes, and to describe the diversity structure of organized groups.

Corruption criminal offences: concept and classification

The article highlights modern scientific approaches to the definition of the concept and classification of corruption criminal offences, as well as their general characteristics. The emphasis is placed on the unresolved issue of distinguishing between the signs of corruption and the signs of a corruption offence. The original author's position is expressed that corruption offences are endowed with corruption features which allow distinguishing them from other criminal offences and subjecting them to grouping. The position that corruption criminal offences are characterised by the general features of all criminal offences provided for by the Criminal Code of Ukraine without exception has been supported, along with which specific features should be distinguished, i.e. those which characterise only the category of corruption criminal offences. In particular, they include: abuse of office; presence of a mandatory object – an unlawful benefit; special subject, which is an official of public or private law, regardless of the legal form and form of ownership, as well as a person providing public services; presence of only a deliberate form of guilt, namely direct intent; special purpose of committing a socially dangerous act. Corruption criminal offences are also classified on the basis of the generic object of the criminal offence: corruption criminal offences against property, in the field of economic activity, against public security, in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, against the authority of state authorities, local self-government bodies and associations of citizens, in the field of official activity and professional activity related to the provision of public services, against the established procedure for military service.
 It has been concluded that despite the absence of a statutory definition of the concept of corruption criminal offences in the current legislation of Ukraine, the criminal law doctrine is quite successful in filling this gap. At present, the definition of this concept, the list of both general criminal and special features have been formulated, and a fairly detailed classification of these features has been provided. In this regard, the emphasis is placed on the prospects for further research, in particular, in terms of investigation of corruption criminal offences, and establishment of the specifics of application of measures to ensure criminal proceedings in criminal proceedings under this category of criminal offences.

Abolition of the Death Penalty Movement in the Russian Empire at the Beginning of the 20th Century: Political and Legal Aspects

Introduction. The article is devoted to the movement for the abolition of the death penalty, which unfolded in the Russian Empire during the First Russian Revolution. The movement was initiated by leading Russian legal scholars and manifested itself in a variety of forms: law press, collections of articles, lobbying the abolition law in the State Duma etc. At the same time, the movement was integrated into the general Western legal discourse, within the framework of which the issue of excluding the death penalty from the ladder of criminal penalties had been discussed for a long time. Theoretical Basis. Starting with the Italian philosopher Cesare Beccaria, many European and American scientists and public figures, such as Benjamin Rush, Jeremy Bentham, Louis Lepeletier argued from different sides for the need to abandon death penalty, which undoubtedly affected Russian lawyers which sought to give this theoretical argumentation a real legal form during the First Russian Revolution. Results. In this article, the authors for the first time made an attempt not only to characterize the main milestones in the history of the movement of Russian lawyers for the abolition of the death penalty, but also to integrate this movement into a certain narrative within the history of Western intellectual and legal thought. It is important to note that by the beginning of the 20th century, in most developed countries criminal codes still retained capital punishment, so the described movement was distinguished not only by a rich set of rhetorical arguments, but also by its very progressive nature. That is why the study of this issue is of great importance for the Russian law science.

О приоритетных направлениях виктимологической профилактики служебно-экономической преступности в сфере реализации национального проекта «Здравоохранение»

The article examines the victimological aspects of service-economic crime in the implementation of the national project “Healthcare”. The author presents the characteristics of victims and substantiates the triangular structure of victimological crime prevention in the area under study. The use of general scientific methods (analysis, synthesis, induction and deduction), as well as specific scientific ones (questioning, formal legal) allowed us to approach the problem posed methodologically correctly and present reasoned solutions.

Проблемные аспекты действия принципов контрактной системы в сфере государственных закупок в современных условиях

Introduction. Further development of the institution of the contract system in the field of state procurement in context of the transition to the sixth technological paradigm [1, p. 130] and the focus of the Russian Federation on building an economy of knowledge and high technologies [2, p. 8] should take place on a conceptual basis, in strict harmony with the entire system of legal principles operatingin this field. The role of legal science in this process is to show the relevance and demand of all principles of the contract system in the field of state procurement, their practical effectiveness in new reality. The purpose of the study. Based on the analysis of the set of principles of the contract system operating in the field of state procurement, the purpose is to identify the features and problematic aspects of the implementation of these principles in the context of digitalization and modernization of the economy. Research methods. In the research, to the extent necessary the author used both general scientific (dialectical, logical, etc.) and private scientific methods (comparative legal, formal legal, etc.), whichultimately allowed to achieve the set goal. Results: The study of the principles of the contract system in the field of state procurement made it possible to identify problematic aspects of their implementation in modern conditions, to adjust the tasks according to current challenges of our time, to show the importance of distinguishing goals and principles of legal regulation for their correct and proper classification.

The Policy of Investment and Financial Regulation of Entrepreneurial Activity in the Context of Digitalization

Relevance of the research: the paper analyzes the relevance, content and research results of the feature topic of the current issue of the journal “Legal Concept = Pravovaya paradigma” entitled “Investment and Financial Activity in the Digital Business Environment: Legal Support Tasks”. The need to modernize the legal regulation of entrepreneurial activity is due to the digitalization of economic relations based on digital technologies and emerging new types of entrepreneurial activity carried out using the Internet platforms. The relevance of the comprehensive study is due to the importance of the issues discussed in the feature topic of the issue on national policy in the field of the legal regulation of investment and financial activity as an important part of entrepreneurial activity, which is an important tool for ensuring inclusive growth and sustainable economic development, poverty reduction and job creation. Scientific novelty: the importance of solving a number of key objectives of national investment policy aimed at ensuring the concept of sustainable development, as well as inclusive growth, is substantiated. During the analysis of scientific papers on the feature topic of the issue, the conclusions and recommendations were identified aimed at expanding and increasing the intensity of investment turnover and which can be used in legislative activities, as well as for the development of theoretical provisions on investment relations in the information space, which provides a solution to a major world-class scientific problem of great socio-economic and administrative importance. The methodological framework for the research is a systematic evolutionary approach combined with structural and functional, temporal and spatial, comparative and documentary, statistical and econometric analysis, as well as legislative modeling. In the course of the research, the general scientific methods were used, including dialectical, inductive, deductive, analytical, predictive, and the specific scientific methods such as formal legal, the method of legal interpretation, the comparative law method, etc. Results of the study: the list of key objectives of national investment policy aimed at ensuring the concept of sustainable development highlights: 1) supporting and stimulating certain sectors of the economy (tax incentives, subsidies or other measures aimed at attracting investment and stimulating growth in certain sectors); 2) ensuring the balanced development of economic sectors and export production; 3) achieving the competitiveness of domestic products; 4) carrying-out the environmental programs such as health development, environmental protection; 5) ensuring the defense and security of the state by promoting the development of critical infrastructure, such as transport and communication networks, and investing in the research and development of new technologies. The priorities and mechanisms for the implementation of social programs are studied as key objectives of the investment policy in the context of inclusive growth, among them: 1) the development of education, housing and communal services; 2) the regulation of employment. Conclusions: it is proved that the investment policy aims to solve a number of strategic tasks of the state, and therefore should be closely linked to the overall development strategy of the country, regularly updated and reflect changes in the investment environment. In general, in the context of the study, the author classifies such tasks into two groups: firstly, the tasks to be solved within the framework of the concept of sustainable development; secondly, the ones aimed at ensuring inclusive growth. The analysis of the hierarchy of normative legal acts in the investment sphere is carried out. It is proved that the system of domestic investment legislation needs a significant revision in terms of combining disparate legal norms into a single set of regulatory prescriptions logically built on the basis of common goals and principles. The implementation of this measure, according to the authors, will serve as the key to achieving the goals of investment policy, and, ultimately, to promote inclusive growth and sustainable economic development. The scientific results presented in the papers that made up the heading “Mainstream issue” are analyzed. It is concluded that the proposals and recommendations formulated in the key section of the journal cover legislative activities to improve and regulate digital entrepreneurial activity in the field of investment and turnover of modern financial instruments. The specific scientifically based provisions are identified for the purpose of supplementing a number of federal laws of the Russian Federation. The substantial conclusions and recommendations are identified that can be used in the future both to expand and increase the intensity of investment turnover, and to develop theoretical provisions on investment relations in the information space.

Current Issues of the Legal Regulation of Administrative Liability of Legal Entities

Introduction: the paper deals with the study of the conceptual rules of bringing organizations to administrative liability in the administrative tort legislation. There is a defect of their developing in the administrative legislation norms, which ultimately leads to the negative results of law enforcement. Attention is drawn to the various approaches of theorists and law enforcement officers on the issues under study. The alternative models of bringing organizations to administrative liability are proposed. Methods: the work uses the general scientific and specific scientific methods of cognition. Among them are the methods of interpreting legal norms, problem-theoretical, comparative law, systemic, structural, formal legal, functional, and intersectoral methods. Results: the contradiction between the conceptual rules governing the administrative liability of organizations and the general provisions of the administrative legislation, as well as their inconsistency with the general principles and goals of administrative punishment is revealed. The specific proposals are formulated to modernize the institution of administrative liability of organizations, which can be perceived by the legislator to improve it. Conclusions: the scientists have been using the term of public legal entity since the pre-revolutionary times. The nature, goals, and processes of creation, reorganization, and liquidation of private and public legal entities differ significantly. In this regard, it is necessary to introduce the concept of a public legal entity into the administrative legislation. Abandoning the behavioral concept of guilt of an organization in favor of a behavioral-psychological one will lead to the possibility of establishing the forms of guilt of a legal entity, as well as allow avoiding objective imputation when bringing them to justice.

Legal Education Aspects Among the youth in the Republic of Kazakhstan

The main problem: The development of theoretical aspects of legal education, legal awareness. Organizational forms of legal education. Forms and methods of education of legal awareness, legal culture. Features of the formation of legal culture in the modern period. Problems of improving legal culture and legal education. Legal education forms a sense of confidence and independence in the legal sphere among the population of the state, thereby stimulating the legal activity of an individual, which presupposes voluntary, conscious, proactive, socially and morally responsible human behavior. Purpose: The article deals with the legal education of modern youth. The means of forming a legal culture are the promotion of law, the development of legal knowledge among citizens, the practical strengthening of the rule of law, the presence of a strong legal science, the improvement of the system of legal acts, which is achieved due to the presence in the state of a democratic, effective constitution and high legal and technical-legal quality of laws and by-laws. Methods: Methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: In this regard, there is a need to create a Republican Center for Legal Education at the Institute of State and Law, which will provide scientific research on the problems of legal education and upbringing, the development of the content and methodology of legal education at all levels of continuing education of students.

The Official Interpretation of the Law in the Context of the Paradox

Introduction: the official interpretation of the norms of law is one of the elements that support the efficiency of the mechanism of the legal regulation of public relations. Traditionally, it is associated with a provisional measure in the framework of law enforcement. However, the vigorous improvement of public relations shows that this opinion is outdated and needs to be rethought, which serves as a basis for reconsidering the role of official interpretation in the legal system of society. Purpose: to consider specific ideas about using the official interpretation of law in both classical and non-standard situations, to identify appropriate areas of communication in these processes. Methods: the methodological framework for the research is a set of methods of scientific cognition, including systematicity, analysis, comparative law, formal legal, and historical ones. Results: the author’s position, substantiated in the work, on the possibility of the primary formation by the official interpretation of law of the vectors of development of law enforcement and law-making activities, is based on the work of pre-revolutionary, Soviet and modern scientists, as well as the materials of law-making and law enforcement practice. Conclusions: as a result of the conducted research, it is found that the official interpretation of law should not be considered in the traditional binding to the needs of law enforcement activities. The classical point of view, which for a long time remained popular and monopolistic in legal science, consisting in the exclusive law enforcement nature of the official interpretation of law, is no longer dominant today. If earlier law-making and law enforcement determined the official interpretation, today, the official interpretation acts as a vector forming the foundations of law enforcement, and in some cases, law-making. This indicates that the official interpretation of the norms of law has reached a new level of functioning.

Criminal Legal Characteristics of Subjects of Crimes Against Morality

The main problem is the relevance of the research topic. The history of the development of civilization shows that law and morality as components of the spiritual culture of society are organically linked to each other. The legal system of any state enshrines the moral requirements and moral principles that are vital for the whole society. When creating norms or improving them, the legislator must take into account the state of the public moral culture of the population so that the laws being developed are fair and perceived by members of society. Purpose: The purpose of the study is the further theoretical development of a set of criminal law issues related to determining the place of morality in the system of objects of criminal law protection, their role in the system of measures to combat crime, as well as the development on this basis of proposals and recommendations for improving criminal legislation regulating liability for attacks on public morality. Methods: Methodology and methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: The stated circumstances, as well as the lack of elaboration and discussion of most of the provisions related to the modern legal regulation of crimes against public morality and their qualifications, determined the choice of the research topic. Crimes against morality are mostly committed intentionally. For example, involvement in prostitution, the organization of brothels for prostitution or maintenance, as well as other types of criminal acts directed against humanity (morality), are committed with direct intent. A person who organizes and maintains brothels for prostitution is aware that he is doing this for profit. Among the crimes committed against humanity (morality), animal abuse is committed mainly out of hooligan motives.

Надомна робота і дистанційна робота: методологічний аспект розмежування понять нетрадиційних форм організації праці

The article aims to characterize home and distance work and establish the distinction between these concepts, considering the methodological aspect. The author notes that the pandemic of the coronavirus disease (COVID-19), which swept the world in 2020, as well as the full-scale armed aggression against Ukraine on February 24, 2022— acted as a catalyst for legislation on non-standard forms of employment because the usual form of employment with the performance of work at the employer’s location began to threaten the employee’s life and health. The genesis of the legal regulation of home and remote work is considered, emphasizing that, in essence, the legislator initially reduced two concepts to a synonymous understanding. The legal constructions of home and remote work are analyzed by establishing their features. It was concluded that homework and remote work are different legal phenomena and different forms of labor organization, the demand for which has increased many times over the last five years. The main conceptual difference between these forms of work organization is that home work is characterized by what is performed by the employee at his place of residence or in other premises defined by him, which are characterized by the presence of a fixed zone. Here, there is no possibility of performing work on the employer’s territory or premises. Remote work involves the performance of work by an employee outside the workplace or territory of the employer, in any place of the employee’s choice, without a fixed area for the performance of work by the employee. Attention is focused on the different legal nature and essential features of these forms of labor organization. It is substantiated that the clear distinction between the concepts of home and remote work, which is finally contained in the Labor Code of Ukraine, generally corresponds to the methodology of the science of labor law, considers the achievements of scientists in the field of labor law and the different nature of these concepts. That is, the current codified act on labor contains ordered definitions and does not differ in legal equilibrium. It is also summarized that the current definitions of home and remote work no longer allow for confusion in these categories and, therefore, reduce the risk of violation of the labor rights of employees, providing a legal basis for exercising their right to work in less dangerous conditions, which are typical for work at an employer’s company, when the entire workforce is gathering. Keywords: right to work, labor relations, legal regulation, employment contract, employee, employer, labor rights, employment, home work, remote work, remote worker.

Features of Delimitation of Crimes Provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are Committed in the Public Procurement

The specifics of the criminal law regulation of liability for abuse of official powers and their excess committed in the field of public procurement are determined by the specifics of the regulation of the activities of officials participating in this sphere within the framework of their “procurement” and related functions. The correct qualification of acts committed in the field of public procurement requires reference to numerous regulations of the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities. The need to refer to the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities in the qualification of abuse of official powers and their excess arises when determining the content of the signs of the subject and almost all the signs of the objective side of the deed. Industry legislation in the context under consideration is characterized by high dynamism, “layering”, a significant number of contradictions and shortcomings. These circumstances determine errors and lack of uniformity in judicial practice when distinguishing crimes provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are committed in the field of public procurement. Homogeneous, and in some cases identical criminal actions of customer officials – violations in the pricing of goods, works, services; actions restricting competition (inaction); violations of the established procedure for concluding (changing, terminating) state and municipal contracts; violations in the acceptance of delivered goods (work performed, services rendered), etc. – may receive different criminal legal assessment. The purpose of the article is to develop recommendations and criteria for distinguishing crimes provided for in Articles 285 of the Criminal Code of the Russian Federation and 286 of the Criminal Code of the Russian Federation, taking into account the peculiarities of criminal legal assessment when committing these acts in the field of public procurement. To achieve this goal, general scientific (analysis, synthesis, induction, deduction) and private scientific (formal legal) methods of cognition were used. In the study, taking into account the recommendations of the Supreme Court of the Russian Federation, theoretical positions in the science of criminal law, the peculiarities of the legal regulation of public procurement, recommendations for distinguishing the crimes under consideration, taking into account the specifics of the situation of their commission, are formulated.

THE PROBLEM OF DEFINING STATE BODIES AND OFFICIALS AS CATEGORIES OF THE CONSTITUTIONAL RIGHT TO APPEALIN THE RUSSIAN REGION

The purpose is to examine and investigate the institution of appealing actions and decisions of government representatives from the perspective of subjective constitutional rights, as well as to establish organizational and legal forms of executive power through the prism of regional legislation and law enforcement practice in the subject of the Russian Federation. In this article, from the perspective of subjective constitutional rights, the institute of appealing against actions and decisions of government representatives is investigated. The authors focused on the formal legal content of constitutional norms that provide citizens with a set of guarantees in the exercise of the right to appeal against the actions and decisions of government representatives. Conclusion - this article highlights the problem that has developed in regional legislation and in law enforcement practice regarding the organizational and legal forms of the exercise of executive power. The use of various organizational and legal forms of regional executive power should not affect the mechanism of exercising the constitutional right to appeal against the actions and decisions of government representatives. In turn, this approach will ensure the dissemination of constitutional and procedural guarantees for citizens who appeal against actions and decisions of authorities and officials.

Характеристика способів розкрадань чужого майна з використанням інформаційних технологій

The article is devoted to the study of the mechanism of embezzlement of someone else's property, which is carried out using information technologies in the context of current legislation. The methodological basis was a systematic approach to the study of the mechanism of criminal offenses related to the theft of other people's property and the influence of information technologies. The main role was played by general scientific methods, historical, logical, comparative, generalization and classification, analysis and synthesis, deduction and induction. The following private research methods were used: comparative legal, formal legal, legal modeling. The object of the article is the relations arising in connection with theft in the field of information technologies as one of the most popular types of cybercrime. It is noted that criminal wrongdoing in cyberspace is a very specific category that is constantly evolving along with technological progress. Criminal offenses related to embezzlement of someone else's property using information and communication technologies - fraud, theft, embezzlement and embezzlement - were analyzed. It is noted that the mechanism of the crime as a whole system of circumstances, processes, factors that cause the emergence of carriers of information about the event of a criminal offense, its participants, provides the possibility of planning an investigation, searching for consequences, contributes to the criminal-legal qualification of the offender, acts as an object of forensic knowledge. It is emphasized that the scattering mechanism with the use of information technologies determines the appearance of traces. The mechanism of the criminal offense indicates the nature, essence and content of the functional side of the criminal activity, the regularities of the processes of interaction of the participants of the criminal event with each other and with the surrounding material environment, the regularities that cause the emergence of sources of forensically significant information about the crime and its participants. Further research should be directed to the study of the influence of certain information technologies on the theft of other people's property.

Intellectual property rights in international and Russian investment law

The investment activity is diverse and can be carried out with the use of intellectual property rights in accordance with the current international and Russian investment law. The article aims to identify the specifics of the application of intellectual property rights as investments and the implementation of intellectual investments, i.e. investments endowed into intellectual property rights. The objectives of the study are to consider the categories of an investment and object of investment activity, intellectual property, exclusive and other intellectual rights, as well as to analyze and determine the features of legal regulation of the activity in question at the international and national levels in the Russian Federation. Based on the results of the systematic analysis with the use of formal legal, comparative and other research methods, it is concluded that investments as a property in a broad sense may include both exclusive and other non-personal intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services and enterprises. At the same time, they exclude intellectual property itself as a set of various types of intangible products, moral and other personal non-proprietary intellectual rights by virtue of their inalienable and non-transferable character. It is argued to be the same with respect to the object of investment activity, i.e. the property which the investment is endowed in and is capable to bring income to the investor in the future. Investments into such intellectual property rights can be called as intellectual investments.The legal regulation of investment activity with the use of intellectual property rights has a dual character (in the sense that it is carried out by different investment legislative acts with the similar subject of their regulation) and depends on the type of a particular object used. If intellectual property rights are invested in fixed capital, then they are to be recognized as capital investments and are governed by the Federal Law of February 25,1999 No. 39-FZ “On Investment Activity in the Russian Federation Carried out in the Form of Capital Investments”. If intellectual property rights are used as the object of investment activity, i.e. where investments are endowed in, such intellectual investments are subject to the regulation by the Law of the RSFSR of June 26, 1991 No. 1488-1 “On Investment Activity in the RSFSR”.

Cross-asset momentum and the hybrid fund transmission mechanism in China's stock and bond markets.

The allocation of assets across different markets is a crucial element of investment strategy. In this regard, stocks and bonds are two significant assets that form the backbone of multi-asset allocation. Among publicly offered funds (The publicly offered funds in China correspond to the mutual funds in the United States, with different names and details in terms of legal form and sales channels), the stock-bond hybrid fund gives investors a return while minimizing the risk through capital flow between the stock and bond markets. Our research on China's financial market data from 2006 to 2022 reveals a cross-asset momentum between the stock and bond markets. We find that the momentum in the stock market negatively influences the bond market's return, while the momentum in the bond market positively influences the stock market's return. Portfolios that exploit cross-asset momentum have excess returns that other asset pricing factors cannot explain. Our analysis reveals that hybrid funds play an intermediary role in the transmission mechanism of cross-asset momentum. We observe that the more flexible the asset allocation ratio of the fund, the more crucial the intermediary role played by the fund. Hence, encouraging the development of hybrid funds and relaxing restrictions on asset allocation ratios could improve liquidity and pricing efficiency. These findings have significant implications for investors seeking to optimize their asset allocation across different markets and for policymakers seeking to enhance the efficiency of China's financial market.