Legal Norms Research Articles

PUBLIC ADMINISTRATION POLICY IN THE HEALTHCARE SECTOR UNDER MARTIAL LAW

The article analyzes the main directions of public administration in the field of health care of Ukraine during martial law. The main focus is on the adaptation of the legislative framework and the modernization of management approaches, which allow to ensure the effective functioning of the health care system in crisis situations. The issue of creating mobile medical teams and hospitals, which are the main tool for providing medical care in front-line and de-occupied areas, was considered. The contribution of international organizations to the support of the Ukrainian medical system in terms of supplying medical equipment, medicines and providing financial assistance is analyzed. The key normative legal acts, which were adopted from 2022 and contributed to the adaptation of the medical system to new challenges, were studied. Features of the functioning of the Resolution of the Cabinet of Ministers No. 302, No. 683, No. 1078 and others are given. Particular attention is paid to the digitization of health care, the implementation of electronic medical records in order to ensure the prompt provision of medical services. The problems of medical institutions in the front-line zones, including the destruction of more than 700 hospitals, and ways to solve the logistical problems of the supply of medicines were considered. A conclusion was made regarding the further development of public administration in the field of health care based on the integration of international and national resources, improvement of digital technologies and modernization of medical infrastructure. Ensuring adequate funding of the health care system, which includes the health insurance program, emergency and specialized medical care, is revealed, which is a priority in the 2023 budget. The article examines the influence of international humanitarian organizations on the support of the Ukrainian health care system in the conditions of military operations. The basis for the development of long-term strategies for the recovery of medical facilities after destruction and their equipment with modern technologies is proposed. Aspects of integration of digital solutions to ensure the continuity of medical services in the most difficult conditions have been studied.

Advancement of Finite Element Method Solver Used in Dam Safety Monitoring System by Interpolation of Pore Pressure and Temperature Values

In this paper, we focused on the advancement of Dam Monitoring Software that incorporates the Finite Element Method (FEM), as these large infrastructure constructions are crucial for ensuring a dependable water supply, irrigation, flood control, renewable electric energy generation, and safe operation, which is of utmost importance to any country. However, the material properties and geotechnical environments of dams can change (deteriorate) over time, while the standards and legal norms that govern them become more and more rigorous, so in order to accurately assess the state of a dam and detect any concerning behavior, the software must be updated as well. The custom-developed FEM solver, unlike many commercial alternatives, is adaptable and can be reconfigured to function within a Dam Monitoring System. In this paper, we present the procedure for interpolating numerical values at measurement points, when the position of the measurement point does not align with the node of the element, allowing for additional instrument locations to be added to the monitored system without the need for remeshing the numerical model. This procedure is used to compare the actual pore pressures and temperature values of the concrete dam structure with the prediction of the numerical model, and the agreement is much greater with the new interpolation algorithm in comparison to the nearest nodal values, with the average relative difference for pore pressure reduced from 8.89% to 8.10%, justifying this implementation.

Феномен права и дегуманизационные факторы современности

integrity formed over a long period of time under the influence of ethical and humanistic attitudes, as well as political, economic and general cultural processes. In assessing the most important substantive foundations of law, the authors focus on the necessity to analyze the transformational processes of legal norms in relation to the human being. Comparing the ontological, socio-cultural foundations of the phenomena of “law” and “dehumanization”, a number of common and distinctive features are identified. Both of these phenomena have a “meaningful focus” on man and are simultaneously the result of his activity. However, if law is a way of constitutionalizing public relations in order to regulate them, then dehumanization is characterized as an element of destructiveness, destabilization of the world. It is assumed that the topics of law, humanism and dehumanization are relevant, as they are the most important worldview guidelines for both the individual and society as a whole.

Население Черноморского округа 70-х гг. XIX в.: состояние и структура, влияние Русско-турецкой войны 1877–1878 гг.

In this article, the author examines the society of the Black Sea District during the 1870s of the XIX century. Within the context of colonization processes and the impact of military actions during the Russo-Turkish War of 1877–1878, issues pertaining to the formation of administrative and territorial boundaries, as well as the state and structure of the population in both the pre-war and post-war periods, are discussed. The author presents data regarding the ethnic and religious composition of the population, highlighting its growth from the end of 1872 to the beginning of 1883, and comes to the conclusion that the war had a detrimental effect on demographic processes. The main sources of this study include published official statistical data, normative legal acts, and newspaper publications from “Kavkaz” and “Moscow Vedomosti”, alongside personal materials such as memoirs and analytical works by Arseniy Vasilyevich Vereshchagin, an active participant in the development of the Black Sea coast of the Caucasus during the 1870s.

The Role and Place of the Legislative Power in War Conditions (The Case of Ukraine)

Objective: The purpose of the article is to provide a comprehensive analysis of the role and place of the legislative power in Ukraine during and after martial law, in particular, by examining the functions and challenges arising from the war, and to identify prospects for improving Ukrainian parliamentarism by adapting to European standards and harmonizing domestic legislation with EU legal norms. Theoretical Framework: The theoretical basis for this study is the scientific studies dedicated to legislative power in Ukraine and abroad, particularly considering its key role in building a democratic society and the rule of law. The issues addressed in the article are examined through the processes of harmonization of Ukrainian legislation with EU law. Method: The research methods used are: monographic analysis, analysis and synthesis, systematic, generalization, forecasting, etc. Results and Discussion: The role of the legislative power in the conditions of the military conflict, its functioning and influence on the stability and efficiency of state administration is analyzed in the article. The importance of the place of the Verkhovna Rada of Ukraine in the system of separation of powers is substantiated in view of the functions it performs during the war, in particular, the adoption of laws for mobilization, defense and economic support, as well as control over the activities of the executive power and legitimization of the introduction of martial law through the approval of presidential decrees of Ukraine. Contributions: The state of protection of the rights and freedoms of citizens in accordance with international standards during armed conflict is analyzed. The directions for the development of the legislative power after the end of this conflict are revealed, in particular regarding the restoration of the constitutional order, the reform of legislative processes and the reintegration of the affected regions.

Construction of "Moderate Codification" Legislative Model of Environmental Law

At present, China's environmental legal norms have presented a "point-like type", not forming a good branch legal structure system, many problems have been produced in the concrete application, this article through the analysis of a typical country's environmental law codification mode, combining the present situation of our environmental rule of law, concluded that our country can be realized "the appropriate legal system", That is, the conclusion of the "double law source" mode of environmental law of "ecological environment code + single law". At present, China's academic circles have reached a consensus on the "moderate codification" model for the codification of ecological environment code, but there are still differences on the understanding of the "moderate codification" theory. This paper holds that the "moderate codification" of ecological environment code includes the following two aspects: the moderation of the normative content and system, and the moderation of dynamic process. The following assumptions are made for the framework of China's ecological environment code under the mode of "moderate codification" : adopting a "total-division" structure, including general provisions, pollution prevention and control, natural ecological protection, green and low-carbon development, and ecological environmental responsibility.

ОТДЕЛЬНЫЕ ПРОБЛЕМЫ ПРАВОВОГО ПОЛОЖЕНИЯ СПАСАТЕЛЯ В СОВРЕМЕННОМ РОССИЙСКОМ ЗАКОНОДАТЕЛЬСТВЕ

Based on the constitutional guarantee of the state to protect the rights and freedoms of man and citizen, the article considers an array of normative legal acts that determine the legal status of a professional rescuer, that is, a citizen of the Russian Federation who acquired the status of a rescuer in accordance with the procedure established by law and carries out activities on a (regular) basis in professional emergency rescue services or formations. As a result of the conducted research, the definition of a firefighter who is a rescuer in an emergency situation related to fires has been formulated for legislative consolidation. It is concluded that it is inappropriate to divide rescuers, including firefighters, into workers and specialists. According to the authors, it is necessary to classify all rescuers into one category of workers – specialists. To solve this problem, a proposal has been prepared to amend the Federal law «On emergency rescue services and the status of rescuers».

Data Evidence Collection and Legal Norms in Administrative Law Enforcement

With the rapid development of data technology, data evidence collection has become a key means of improving efficiency and accuracy in administrative law enforcement. However, the widespread application of data evidence collection has introduced new challenges related to legal compliance and privacy protection. This paper analyzes the core role of administrative law enforcement in modern society and the practical challenges it faces, explores the specific application scenarios and operational processes of data evidence collection in administrative law enforcement, and evaluates the current legal norms related to data evidence collection. Drawing on international experience, this paper proposes recommendations for improving data evidence collection legal norms in China, aiming to provide legal support and technical assistance for administrative law enforcement practices. The study seeks to offer references and guidance for the reasonable application of data evidence collection in administrative law enforcement and the development of legal norms.

Critical Analysis Of Law No. 30 Of 1999 On Arbitration And Alternative Dispute Resolution Related To The Potential Development And Implementation Of Online Arbitration

This paper critically examines the relevance of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in the context of online arbitration. With the rapid growth of e-commerce and the increasing reliance on technology for dispute resolution, the legal framework governing arbitration in Indonesia has become outdated. While various arbitration institutions, such as BANI and the ICC, have adopted online arbitration processes, the existing legislation fails to accommodate these developments. This research highlights the potential legal uncertainties that arise from the lack of provisions for online arbitration in the current law and underscores the need for immediate legislative revisions. By analyzing relevant legal norms and the implementation of electronic arbitration regulations, the study aims to provide insights into how the law can be modernized to better serve the needs of contemporary dispute resolution practices in the digital age.

Analisis Putusan Pengadilan Tata Usaha Negara Tentang Pengangkatan dan Pemberhentian Perangkat Desa dalam Perspektif Siyasah Qadhiyyah (Studi Putusan Perkara Nomor 37/G/2021/Ptun.Mtr)

The aim of this research is to analyze cases of village officials who were dismissed by the village head. This case occurred in Barejulat Village, Central Lombok Regency, West Nusa Tenggara Province, which stated that the defendant, as village head, dismissed his village officials unilaterally without following Minister of Home Affairs regulation number 67 of 2017. According to the judge's consideration at the State Administrative Court Number 37/G/ 2021/Ptun.Mtr that the object of the dispute, namely the village head's decision, was declared null and void due to procedural defects and ordered the village head to revoke the dismissal decree and reinstate the plaintiff's position. This research is a qualitative method research using a normative legal approach. The source of data collected by this researcher is based on Law Number 6 of 2014 concerning Villages and the Decision of the State Administrative Court Number 37/G/2021/PTUN.MTR.

Adalékok az abortusz büntetőjogi megítélésének történetéhez

Aim: To examine how the social and, at the same time, legal perception of induced abortion has changed since the Middle Ages. Examining the criminal law norms seems to be a good indicator of this because these norms are meant to play the role of a capstone for the protection of social values. Methodology: Processing and analysis of legal norms and literature data from a historical perspective. A value-oriented analysis of the mentioned sources accompanies this. Findings: The normative system of the middle ages was permeated by the Christian religion and the morality based on it. Thus, at this age, there was no doubt that taking away the life of the fetus was a sin and a crime as well. This rule prevailed in later times until 1945. The abortion ban that remained after the communist takeover was based on entirely different moral foundations. It was based on the fact that workers are needed for social development, and taking away fetal life deprives socialist society of this resource. State socialism later relaxed the rules. This change was followed by the criminal law with a significant lag until finally, in 1962, only illegal abortion was punishable. The changes after the regime change consolidated the legislative attitude according to which the fetus is not a human being. The criminal law norms are also in line with this. Value: Historical outline of the protection of fetal life, with particular regard to its protection under criminal law. Changes in European culture led to the development of different images of people. An imprint of these is the protection of fetal life.

Dystopian Visions and the Making of Privacy Law

This article explores the role of references to dystopian literature in the context of developing privacy laws. Drawing on a qualitative analysis of a large corpus of legislative and judicial texts from Germany and the United Kingdom, I demonstrate that references to popular dystopian works of fiction like Orwell’s 1984 have animated and shaped the legal recognition of privacy. Specifically, dystopian visions are evoked as reasons that warrant the legal protection of privacy rights. I explore lawmakers’ vision of a technologically empowered totalitarian state and discuss how these connect to historical, contemporary, and hypothetical examples of unjust regimes. I argue that literary imaginations of dystopia are often themselves built on historical experience, suggesting that the aptness for social critique is, as literary critics suggest, built into dystopia as a genre. I furthermore explore how the theme of democracy is employed as a counterpoint to fears of dystopian totalitarianism. Portraying privacy invasions as harmful to democratic ideals discursively amplifies their dangerousness—and thereby works to justify regulatory intervention. My research findings prompt us to view legal norms as a cultural artifact that reflect cultural imagination and literary narratives.

Under the shadow of legality: A shadow hauntology on the legal construction of the Women, Peace and Security agenda

Abstract Considered a landmark in feminist international politics, the Women, Peace and Security (WPS) agenda of the UN Security Council has been the object of many feminist explorations. Feminist legal scholars, however, have grappled with the ‘shadowy’ legality of the agenda, mostly analysing it as an ‘unsuccessful’ legal project: a partial or in progress legal norm, a defective legal form that attests (and furthers) the exile of inclusion of feminists in international law, or yet a formalistic discussion with lesser impact for feminist activists on the ground. Drawing from Avery Gordon’s considerations on taking shadows seriously in our production of knowledge, I propose, however, that reckoning with the shadows of the WPS’s legality enables a more comprehensive analysis of how the agenda has been a successful legal project in its own way. Offering a ‘shadow hauntology’ for the legal status of the WPS, I zoom in on the competing legality perceptions shared by relevant actors, the (gendered and colonially-continuous) shadows that have haunted those perceptions into formation, and how these competing visions have shaped the legality of the WPS as a shadow of its own. This study then offers an alternative way of studying legality both to feminist legal scholarship and studies on international legal sources more broadly. More concretely, it embraces the irresolvability of the legal status of a norm to take stock of the different legal projects and legality perceptions advanced by feminist actors and gender experts, in an effort to understand, in their own terms, the successes achieved.

Authority of the Corruption Eradication Commission After the Promulgation of Law Number 19 of 2019 About the Eradication Commission Corruption Crime

A clean government is one that operates free from collusion, corruption, and nepotism. The Corruption Eradication Commission (KPK) has long been established to combat corruption in Indonesia. However, the amendment to the KPK Law through Law Number 19 of 2019 has sparked controversy. This amendment has reduced the KPK’s authority, and the introduction of a Supervisory Board with stronger authority than the KPK commissioners has raised concerns about weakening the commission’s ability to perform its duties. The objective of this research is to analyze the impact of changes in the KPK's authority following the issuance of Law Number 19 of 2019. This research uses a normative legal approach, applying both the statute and conceptual approaches. The legal materials are processed using descriptive legal analysis to examine the implications of the legal changes. The findings reveal significant changes in the KPK’s authority between Law Number 30 of 2002 and Law Number 19 of 2019. The study concludes that the enhanced authority of the Supervisory Board has negatively impacted the effectiveness of the KPK in fulfilling its responsibilities, raising concerns about its ability to optimally combat corruption. The implications of this research suggest that the reduction in the KPK’s authority and the increased role of the Supervisory Board may hinder efforts to eradicate corruption, thus affecting the overall integrity of governance in Indonesia.

О проведении историко-генеалогического конкурса «моя родословная» среди обучающихся школ кластера непрерывного казачьего образования, кадетских корпусов и других образовательных организаций

Statement of the problem. The article is devoted to one of the forms of patriotic education of schoolchildren — the holding of the Historical and genealogical Research Competition “My family Tree” and the final Educational and Research Conference «The fate of the family in the fate of the country: the Light of the Great Victory» for students of schools of the cluster of continuing Cossack education, cadet corps and other educational organizations. Regulatory documents. When writing this article, the authors relied on the Strategy for the Development of Education in the Russian Federation for the period up to 2025, approved by Decree of the Government of the Russian Federation dated May 29, 2015 No. 996-R, as well as on the Strategy of State Policy of the Russian Federation in relation to the Russian Cossacks for 2021-2030, approved by Decree of the President of the Russian Federation dated August 9, 2020, No. 505. These Strategies take into account the Constitution of the Russian Federation, Federal laws, Decrees of the President of the Russian Federation, Resolutions of the Government of the Russian Federation, normative legal acts affecting the field of education aimed at protecting children's rights and forming a sense of patriotism among children, involvement in the historical and cultural life of the people and the fate of Russia. In the year of the family, we tried to emphasize the special importance of holding the Contest ”My family Tree”, which shows the role of the family, schools, universities in educating children and youth a sense of patriotism, pride in the Fatherland. The purpose of the article. The article substantiates the effectiveness of using our proposed methodology for conducting historical and genealogical work on this Competition - "My family Tree" with further analysis of the students' works and subsequent exchange of experience at the Conference held annually at the Moscow State University of Technology and Management named after K.G. Razumovsky (PKU) "The fate of the family in the fate of the country: the Light of the Great Victory." Conclusion. According to the authors, such a form of consolidating the results of the Competition is useful not only for students, but also for managers of children's projects.

EKSISTENSI SATUAN POLISI PAMONG PRAJA (SATPOL PP) DALAM PENEGAKAN ATURAN ALKOHOL DI KABUPATEN LUWU TIMUR

One of the roles of the Civil Service Police Unit in East Luwu Regency is the Enforcement of Regional Regulation Number 3 of 2017 Concerning Control, Supervision and Order of the Production, Distribution and Sale of Alcoholic Beverages in East Luwu Regency. The purpose of this paper is to determine the Existence Of The Civil Servant Police Unit (Satpol PP) In the Enforcement Of Alcohol Regulations In East Luwu Regency. The research method uses a qualitative approach, a combination of a normative legal approach, and the addition of various empirical elements. The results of the study show that the existence of the Civil Service Police Unit in enforcing Regional Regulation Number 3 of 2017 concerning Control, Supervision and Order of the Production, Distribution and Sale of Alcoholic Beverages in East Luwu Regency is one form of contribution by the Civil Service Police Unit in the form of (1) intensive and external supervision, (2) guidance for places selling alcoholic beverages illegally, and (3) order for places selling alcoholic beverages illegally, the effectiveness of efforts to supervise the distribution of alcoholic beverages in East Luwu Regency.

SPECIFICS OF LEGAL REGULATION OF VIRTUAL SPACE

The relevance of this research is driven by the rapid development of information technologies and global digitalization processes, which have led to the emergence of virtual space as a new environment for social interactions. Virtual space has become an integral part of modern life, influencing various areas of society. However, despite its growing importance, the existing legal frameworks have not fully adapted to the specific characteristics of virtual space, such as its anonymity, global nature, and dynamic structure. The purpose of this article is to examine the peculiarities of legal regulation in virtual space and to propose effective mechanisms to ensure legal governance in the context of digitalization. This study addresses the gaps in the current legal system and explores ways to adapt legal norms to meet the demands of the digital environment. The study is particularly timely, given the increasing impact of digital technologies on social relations and the need for appropriate legal frameworks to regulate interactions within virtual space. The research methodology is based on an analysis of recent studies and publications, highlighting the growing interest of scholars in the legal regulation of digital technologies and virtual interactions. While there is a substantial body of work on virtual assets and digital rights, the issue of comprehensive legal regulation of virtual space remains underexplored. This article fills that gap by focusing on the development of cross-sectoral legal mechanisms and emphasizing the need for harmonization with international standards. The interdisciplinary nature of virtual space requires legal frameworks that can address the complexity of digital interactions, taking into account both national and international legal norms. The findings of the study show that for effective regulation of virtual space, it is essential to adapt existing legal mechanisms to the specific conditions of the digital environment. This includes the integration of international legal norms, the development of self-regulation tools, and the creation of a comprehensive legal system that can manage social relations in virtual space. The practical value of the article lies in its analysis of the challenges facing legal regulation in virtual space and the solutions proposed for improving the effectiveness of legal mechanisms. These recommendations can be used by policymakers and legal practitioners to develop a more robust regulatory framework for virtual interactions. Only through a comprehensive and flexible approach to regulation can legal systems ensure the orderly conduct of social relations in virtual space and protect the rights of individuals in the digital age.

Child custody after a divorce in Islam and in Russian legislation (comparative analysis)

The article describes the negative consequences that result from the lack of a competent approach to solving the problem associated with determining the right to care for minor children after parental divorce. The main focus is on explaining the most important norms of Islamic family law, and Russian legislation in matters of the right to care for the children in the event of parental divorce. A comparative analysis is carried out between these norms, indicating points of contact and differences. The purpose of the study is to reveal the problem related to the right to care for the minor children that Muslims in the Russian Federation face during the divorce proceedings. The author, in this article, draws attention to the fact that due to some differences in these legal norms, Muslims may have difficulties associated with the desire to simultaneously comply with the rules of their religion in the legal field and not violate the provisions of Russian law. The author also discloses the ways out of the current situation, combining, where possible, the rules of law of the both approaches. The scientific novelty of the paper lies in the very study of the key problems that Muslims in Russia face in the matters related to the divorce process, in particular, regarding the right to care for the children after their parents’ divorce. The research provides the comparative analysis between the norms of Islam and the rules of the Family Code of the Russian Federation on the matter. As a result, it was determined that the Muslim community needs to know and study both the norms of Islamic Law regarding the right to care for the minor children after a divorce, and the position of Russian legislation. It is very important to learn how to combine these norms. Also, in case of a dispute, such issues should be addressed to the qadi. It will help you avoid mistakes and determine who has the priority right to care for the children.

Theoretical Methods of Unification of Normative Legal Terminology

The article analyzes the conditions and directions of unification of normative legal acts. The author identifies the following areas of unification: the creation of unified normative acts; the formation of normative legal acts with a single structure; increasing the list of norms common to similar normative legal acts, norms regulating the same type of public relations; creating conditions for the development of a unified legal terminology in order to ensure the general meaning of legal norms. In conclusion, the author comes to the conclusion that the set of methods used depends entirely on the specifics of the conditions for the unification of normative legal acts, i.e. on the specifics of regulated legal relations. Unification is a law-making process taking place at the interstate and national levels. In the latter case, unification takes place, i.e. The development of uniform norms of law also takes place at the interstate level, but the achievement of the final result largely depends on the desire of each particular State to create in national legislation norms of law identical to the norms developed at the interstate level. Considering this and other circumstances, it seems that unification is a process of creating and consolidating uniform rules of conduct that takes place at the interstate and national levels within the legal framework established by international and national norms of law.

Issues of Criminal Liability of Legal Entities in the Criminal Legislation of the Kyrgyz Republic

The growth of offenses committed by legal entities or in their interests currently indicates that a qualitatively new type of crime has been formed in many countries of the world — the crime of legal entities (“corporate crime” or “corporate crime”). In this regard, the experience of countries in combating the crime of legal entities, the established standards and criteria reflected in international normative legal acts, as well as the experience of introducing into the criminal legislation of the Kyrgyz Republic in 2017 (valid from January 1, 2019, to November 30, 2021) provisions on the legal norms regulating criminal activity deserve attention liability of legal entities. which were subsequently excluded by the new Criminal Code and the CPC, which entered into force on December 1, 2021. The analysis of the development and theoretical design of such an institution of criminal legislation of Kyrgyzstan as bringing legal entities to criminal responsibility is of great scientific interest. Therefore, the questions of what specific socially dangerous acts a legal entity can be prosecuted for, whether it is a subject of criminal liability, the grounds for criminal liability of legal entities and many others are very fundamental.