Legal Norms Research Articles

Особенности правоприменительной практики законодательных актов в первой половине XIX века на примере Департамента уделов

Introduction. The article is devoted to the consideration of the revealed peculiarities in the law enforcement practice of the legislation of the first half of the XIXth century on the example of the highest state institution – the Department of Estates, which ensured the allowance of the members of the imperial family. In the history of the Department under consideration the contradictory nature of monarchist power was revealed. The emperor, being the supreme legislator, was faced with a difficult dilemma: how to keep a balance between national and personal interests. While managing his own economy, he adjusted the state law enforcement practice to the interests of the Department, clarifying it with his resolutions. Methods. The main research methods were structural-functional and hermeneutic ones. They made it possible not only to work with the text and its meanings, but also to understand the peculiarities that distinguished the Department of Estates in the state system of higher institutions of the Russian Empire of the first half of the XIXth century. Results. The author concluded that the peculiarities of the law enforcement activity of the Department of Estates were primarily determined by the specificity of its tasks. Law enforcement activity was blurred by the interests of the members of the imperial family and general state tasks. The absence of some managerial decisions in normative legal acts and their fixation only in the form of resolutions to documents created unclearness (ambiguity). It caused contradictions in law enforcement activities and complicated the interaction of the Department of Estates with other state institutions of the Russian Empire.

Reassessment of views on public administration in the field of physical culture and sports in Ukraine under martial law

The scientific research is aimed at determining the forms of public administration in the field of physical culture and sports, in particular, at clarifying the peculiarities of this field in the conditions of martial law. In order to fulfill the tasks of the research, the author analyzed the forms and means of public administration in the field of physical culture and sports, determined the state of their legal regulation, taking into account the substantiated provisions regarding the need to increase the efficiency of the use of some of them in wartime conditions. According to the results of the conducted research, it has been established that public administration in the field of physical culture and sports is the activity of public administration subjects regulated by laws and other normative legal acts, aimed at the implementation of laws and other normative legal acts, including making administrative decisions, provision of administrative services established by legislation regarding the development of physical culture and sports. Forms of public administration in the field of physical culture and sports are systematized, in particular: issuance of normative acts of public administration in the field of physical culture and sports, their application and implementation of material and technical measures; provision of administrative services by carrying out registration, permit (licensing) and approval procedures in the field of physical culture and sports; conclusion of administrative contracts in the field of physical culture and sports regarding the delegation of management powers to local sports federations with the minimization of centralized management; implementation of public control over compliance with legislation in this area, detection, recording of violations and application of measures of legal responsibility. It has been established that in the conditions of martial law and post-war period, there will be following most effective forms of public administration in the field of physical culture and sports: attraction of investments in the reconstruction of destroyed or damaged infrastructure; further development and investment of veteran sports and sports aimed at restoring the physical and psychological shape of military personnel, involving the military in the sports movement and reviving the country on the international arena, as well as simplifying the system of providing administrative services in the specified areas.

Постпенитенциарный идеал личности с «чистой совестью», субъектностью и «технологией работы с собой»

Introduction. The procedural approach in the study of a post-penitentiary subject is examined. In the procedural approach the most important is considered to be the analysis of formation, dynamics and novelty of personal entities. The aim of the research is to set the problem of designing a new identity of a post-penitentiary subject, starting from the change of his criminal attitude, constructive experience of guilt and stable reorientation of behaviour to the realisation of values of law-abiding activity. Methods. The dialectical method and the principle of development constituted the research methods. The main methodological approach of the study was the system approach. The study used general scientific research methods aimed at the collection, analysis, systematisation and generalisation of data, in particular, the analysis of normative legal acts and literature references directly related to the study of the problem of designing a new identity of a post-penitentiary subject. Results. The concept of “post-penitentiary ideal of a personality” is defined through the realisation and assumption of guilt for the deed, all responsibility for their future existence and activity. The article considers the problem of self-projecting of an identity of a post-penitentiary personality as an object of legal psychology research, which implies the adaptation of a personality to the “post-violent stage” of its free existence in society. In this case, a new identity, as a result of the post-penitentiary subject’s work over himself, goes beyond the individual self, as it covers broader contexts of a person’s life. Such personal transformations are possible through the introduction of effective psychological practices (correctional programs), self-design and self-development of a post-penitentiary subject. The analysis of foreign experience allowed identifying a number of “effective practices” used by penitentiary psychologists for adults and juveniles.

Modern problems of pedagogical support for young employees of investigative departments of the Ministry of Internal Affairs of Russia

The article discusses topical issues related to the pedagogical support of young employees of investigative departments of the Ministry of Internal Affairs of Russia, analyzes in detail the challenges faced by novice investigators and the need for pedagogical support for the successful integration of young investigators. The study is based on the analysis of normative legal acts, scientific literature, as well as the results of an empirical study among employees of investigative departments of the Ministry of Internal Affairs of Russia.

On Several Issues Concerning the Moderate Codification of Education Law in China

The compilation of the education code is a key task for many countries to promote the revitalization of education, and it is also an inevitable trend of education development. Determining the path, choosing the compilation model, designing the structural framework, and technical positioning are the key issues in realizing the compilation of the education code. In terms of the path, it is recommended to adopt the "two-step" approach of drafting the general provisions first and then compiling the specific provisions. In terms of the selection of the compilation model, it is recommended to adopt the idea of "moderate compilation" to balance the characteristics of my country's existing legal system in the field of education. Under the framework of "general provisions + specific provisions", the general provisions should be structurally arranged around the right to education, and the specific provisions should be logically arranged according to the type of education. In terms of structural framework and reconstruction, a system that meets the unique system logic requirements should be considered to achieve the scientific nature of the education code. The "common element extraction method" should be selectively used to summarize and generalize legal norms.

When Socialist Chinese Law Meets Common Law Interpretation: Mandatory Sentencing and Mitigation Under the Hong Kong National Security Law

Abstract In HKSAR v Lui Sai Yu [2023] HKCFA 26, the Hong Kong Court of Final Appeal (CFA) delivered its first judgment on the mandatory sentencing regime under the newly introduced National Security Law (NSL). Adopting a common law approach to interpreting the NSL, the CFA held that mitigating factors not listed in the NSL cannot bring about a sentence below the minimum prescribed by the relevant provision. In this article, we propose an alternative approach to interpreting the NSL. We argue that, contrary to the CFA’s rejection of any reference to Mainland Chinese laws in constructing the NSL, both a common law purposive approach and the principle of ‘convergence, compatibility and complementarity’—one of the working principles in the enactment of NSL—would support such reference. The implications of our proposed approach would be to (i) recognize that the sui generis nature of the NSL, being a Chinese national law applied in its Special Administrative Region of Hong Kong, necessitates the consideration of relevant Chinese legal norms; and (ii) allow for a broader range of mitigating factors—those recognized by both Hong Kong common law and Mainland Chinese law—to be applied to the minimum sentencing regime in the interest of fairer and more principled outcomes for defendants.

От Санкт-Петербурга до Неаполя: исторический анализ российско-неаполитанской дипломатии в период Рисорджименто

<p>The article analyzes Russo-Neapolitan relations in the context of the Risorgimento — a period of Italian unification marked by significant social and political changes in 19th-century Europe. We explore how the geopolitical situation, particularly following the Franco-Austrian War of 1805-1806, catalyzed Neapolitan closeness with the Russian Empire, viewed as a potential protector against aggression from France and Austria. Amidst instability, Neapolitan leadership sought reforms, including the abolition of feudalism and the introduction of new legal norms, aligning with Russia's ambitions to strengthen its positions in Italian territories. However, French and Austrian influence, along with internal conflicts in Naples, hindered deeper connections with Russia. As a result, despite initial enthusiasm, Russian-Neapolitan diplomacy encountered significant obstacles, leading to the search for alternative alliances with other powers. The article highlights the interconnection between internal reforms and foreign policy, examining the influence of foreign nations on the Italian unification process and the political dynamics of Naples.</p>

Ethical and legal aspects of the abortion dispute in Italy in 2020-2023

The main goal of the article is to analyze the key elements of the current dispute over worldviews and politics in Italy concerning the ethical and legal aspects of various forms of abortion. The country on the Tiber River was one of the states around the world that widely liberalized abortion laws during the COVID-19 pandemic. In August 2020, the Italian Ministry of Health decided that pharmacological abortion – performed with the medical preparation RU-486 – should not be practiced at hospital gynaecology-obstetrics wards, but at day hospital facilities, with no requirement of hospitalization for women performing this type of abortion. Limited access to medical services in public and private healthcare facilities led to the practice of pharmacological abortion shifting largely from hospitals and clinics to pharmacies, private apartments, and homes. In 2021, pharmacological abortion in Italy accounted for 48.3% of all abortions performed under the current abortion law. In the face of the trivialization of the termination of pregnancy, Italian pro-life circles have taken a variety of measures to protect preborn life. One such initiative was the “Beating Heart” campaign, which looked at the possibility of showing the unborn child and its beating heart to the woman seeking an abortion. The analyses carried out in the article show that in the age of the Internet and the global village, it is not so much the legal norms that are increasingly important, but human free will and the awakening of people’s moral sensitivity by developing appropriate bioethical awareness at the societal level. In this context, the various initiatives currently implemented in Italy by pro-life circles to achieve these goals are of great significance. In addition, the abortion debate in Italy supplies a number of arguments for the need to extend the conscience clause to pharmacy personnel.

Interaction Between Public Authorities and Business in the Field of Corporate Social Responsibility: Issues of Legal Regulation

Introduction. The formation of sustainable economic growth (development) presupposes the successful economic activity of entrepreneurs and their socially responsible behavior. At the same time, for effective legal regulation of economic activity, it is ne­cessary to determine what exactly is meant by corporate social responsibility and what should be the attitude of law to various socially significant actions of entrepreneurs. Theoretical Basis. Methods. The research is based on the use of general scientific methods (system method, game theory method, methodological individualism, functional method, formal logical methods (deduction, induction, analysis, synthesis, etc.)) and special legal methods (formal legal, legal comparative research, law and economics, legal modeling method). Results. To assess the content of corporate social responsibility, two models have been identified. The first model assumes that the mission of a business is to maximize profits and pay taxes. Within the second model, in addition to paying taxes, other measures (charity, environmental projects, etc.) are added to the social responsibility of business. The general question, however, is how should the law respond to corporate social responsibility measures? Consideration of corporate social responsibility measures in the general context of economic activity made it possible to develop a universal approach to legal regulation. Discussion and Сonclusion. The article substantiates that the promotion of corporate social responsibility measures at the level of legal regulation should be determined by the needs of society, the lack of entrepreneurs’ own incentives and the difficulty of implementing social projects by public authorities. At the same time, legal norms can both directly provide for legal consequences when implementing certain measures and indicate the possibility of concluding vertical (managerial) agreements, allowing, at the level of individual regulation, to establish modes of activity for entrepreneurs when implementing certain measures of corporate social responsibility.

Держава і державність: сучасні геополітичні та міжнародно-правові загрози

Modern doctrinal approaches to the definition of the concepts of “state” and “statehood” are debatable and sometimes controversial, which necessitates their clarification in view of the existing global and local trends. It is suggested that “statehood” is broader than the concept of “state”. The former is associated with independence, state sovereignty, the existence of state and municipal authorities, a system of legal norms and their international recognition. The main characteristics of statehood include the national selfidentity of the population of the State, the embodiment of the interests of the national community in the State’s independence, recognition of such a State on the world stage and its participation in international relations. The author clarifies that the concept of “statehood” is not identical to “state”. It is determined that the geopolitical and international legal threats that have a direct impact on the sovereignty and independence of the State include: external and internal armed conflicts, uncontrolled migration, global extremism and terrorism; non-linear methods of warfare, creation of new “zones of tension”, energy revolution, growing social and economic inequality, civil conflicts, strengthening of the role of nation-states, cross-border conflicts, etc. It is noted that these factors also have an indirect impact on statehood through the “blurring” of the self-identity of the state’s population, questioning of its sovereignty, and as a result, the loss of legal personality on the world stage. The author emphasizes that the negative consequences of these influences on statehood may lead to the disappearance of the state itself in the historical perspective. That is why timely countermeasures should be taken to counter such geopolitical and international legal threats.

The influence of legislation on state control (supervision) on the practice of applying legislation on administrative offenses

Subject. The article analyzes the current practice of applying legislation in the field of administrative responsibility, which is the result of changes in legislation in the field of state control (supervision).The choice of the research object is due to the need for systematic application of legislation in the areas of legal regulation under consideration, as well as the need to ensure uniformity in the practice of applying the Code of Administrative Offenses, which is due to the principle of equality before the law.The purpose of the study. The article presents an analysis of current problems faced by courts. The results of the analysis of judicial practice and scientific approaches to solving the problems discussed in the article are presented.Methodology. In the course of the work, the researcher was guided by a systematic way of interpreting current legal norms, as well as existing Russian scientific research in this area.Conclusions. Based on the results of the study, norms were identified in the application of which uniformity was not ensured. In order to harmonize the legislation on state control (supervision) and the legislation on administrative offenses, it is proposed to take into account the scientific approaches that have emerged in the science of administrative law.

Russian Science and Technology Policy to Counter Sanctions: In Search of a Strategy

The article examines the scientific and technological policy of contemporary Russia in the conditions of international sanctions and analyzes both current general issues of the development of science and technology and problems in certain areas of scientific knowledge. We have studied special legal sanction acts of foreign academic organizations. The authors have developed and proposed mechanisms to counter sanctions in the scientific and technological sphere. The experience of applying measures for the development of science in the People’s Republic of China has been studied. The goal of the work is to conduct research on the state of modern science, taking into account the current Russian state policy under conditions of sanction pressure and proposing the authors’ unique classification of measures to support the development of Russian science. We used empirical methods of comparison, description and interpretation; theoretical methods of formal and dialectical logic. We also applied special scientific methods: legal and dogmatic method and the method of interpretation of legal norms. The authors have summarized the problems of government measures to support science under the sanction conditions and proposed measures to preserve the scientific sovereignty of Russia.

Деревна лісова біомаса: проблеми та перспективи сталого використання

The article is devoted to the study of the state, problems and prospects of ensuring the sustainable use of woody forest biomass. Most of the bioenergy resources used in Ukraine for energy production are woody forest biomass. At the same time, there is a dangerous tendency to exceed the use of woody forest biomass above its potential. The norms governing the use of woody forest biomass contain various normative legal acts of Ukraine. However, the general concept of “woody forest biomass” is not defined in domestic legislation. The definition of “forest biomass” is contained in Directive (EU) 2018/2001 of the European Parliament and of the Council on the promotion of the use of energy fromrenewable sources of December 11, 2018. Besides, Directive (EU) 2018/2001 of the European Parliament and of the Council on the promotion of the use of energy from renewable sources of December 11, 2018 (RED II Directive) and its amendments (RED III Directive) – Directive (EU) 2023/2413 of the European Parliament and of the Council of October 18, 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 contains criteria for the sustainability of forest biomass in the EU. The European concept and practice of close to nature silviculture is an important reference point for ensuring the sustainable use of woody forest biomass in Ukraine. A special (limited) approach is required for the harvesting and use of woody forest biomass, which is a component of the ecosystem. Among the main problems of ensuring the sustainable use of woody forest biomass are noncompliance with the sustainability criteria of woody forest biomass at all stages (from harvesting to consumption), burning of forest wood waste in the forest, non-compliance with the proper ratio between leaving dead wood in the forest and its harvesting for energy production etc. To ensure the sustainable use of woody forest biomass, it is important not only to implement relevant European standards into national legislation, in particular the criteria for the sustainability of forest biomass, but also to introduce European practices that are close to nature.

Kekaburan Norma Hukum Hubungan Industrial tentang Force Majeur Saat Menghadapi Kondisi Pandemi Covid 19

This study examines the ambiguity of legal norms related to industrial relations in the context of force majeure during the Covid-19 pandemic. The main focus is on the provisions of Law Number 13 of 2003 concerning Manpower and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation, which regulates termination of employment (PHK) and force majeure conditions. It was found that force majeure provisions that have not undergone changes or revisions in the latest law have caused legal uncertainty, allowing employers to carry out unilateral layoffs without the obligation to pay severance pay. This ambiguity of norms results in violations of the principles of legality, legal certainty, and utility, and has a negative impact on labor protection, especially in crisis situations such as the pandemic.

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.

Characterization of contractual relations in digital turnover

The article is devoted to identifying the peculiarities of contractual relations in digital circulation. Digital turnover is becoming increasingly widespread, which leads to the emergence of new forms of contractual relations characterized by significant differences. The purpose of the article is to reveal the characteristics and peculiarities of contractual relations arising within the framework of digital civil turnover. The study of contractual relations in digital circulation is necessitated by the lack of sustainable legal regulation of this area which requires further improvement. The peculiarity of building relations in digital circulation is associated with its technical properties, primarily the need to gain access to digital platforms for the exercise of subjective rights by users. The author emphasizes that the exercise of subjective rights in digital circulation can be realized only through the use of complex intellectual property objects, in particular, those combining computer programs, databases, music, animation objects, photographs, etc. The author proposes to distinguish the following types of relations in the field of digital circulation: 1) regarding the creation and maintenance of digital circulation (legal regime of intellectual property rights); 2) organizational relations in the field of business administration of the digital environment (corporate, labor relations with the appropriate legal regime); 3) between the user and the administrator of the relevant digital environment (contractual regulation, with elements of the legal regime of personal data protection); 4) between users of the digital space regarding digital assets (a complex regime of legal regulation which may combine the legal regimes of. The author emphasizes that contractual relations in digital circulation are based on both civil law and rules and standards used in electronic systems. It is proved that different types of relations require a comprehensive application of different legal norms and are mediated by different agreements, such as: license agreements; agreements for the provision of digital services (cloud storage, marketplaces); sale and purchase of goods; exchange and pledge of digital assets; token agreements (regulating the use of cryptocurrencies and other tokens in digital ecosystems), etc.

Constitutional and legal foundations of territorial integrity in federal states: historical and legal analysis

The article explores the constitutional and legal foundations of the territorial integrity of the federal states, focusing on historical and contemporary examples. The authors examine cases of successful and unsuccessful secession, as well as legal mechanisms used to prevent separatism. We take Spain, the USA, Canada, India, and Germany, as the examples to analyze the role of constitutional provisions in maintaining state unity. A key aspect of the study is the distribution of competencies between federal structures and federation subjects, which ensures a balance of interests and prevents internal conflicts. A great attention is paid to the principle of subsidiarity and the role of federation subjects in governance, contributing to the preservation of territorial integrity. The authors emphasize the importance of integration mechanisms and constitutional guarantees in maintaining the stability of the federal states. The article establishes that the territorial integrity of federal states is ensured through a set of constitutional and legal norms that regulate the relations between federal authorities and the subjects of the federation. These norms include a clear distribution of competencies, where federal authorities are responsible for national issues such as defense and foreign relations, while the subjects of the federation have powers in local governance. The principle of subsidiarity involves the participation of the federation’s subjects in state governance, ensuring a balance of interests and preventing internal conflicts. Additionally, the supreme legal authority of the federal constitution, mechanisms of federal intervention in case of threats to integrity, and the unity of the economic space all contribute to the stability and unity of the federal state, effectively countering separatist movements. It is determined that the participation of federation subjects in the process of constitutional amendments guarantees their representation and protection of interests, preventing unilateral changes in the state structure. The state language plays an important role, promoting national unity and preventing ethnic conflicts, which is critical for multinational federations. Furthermore, the representation of federation subjects in the national parliament ensures their influence on key decision-making, promoting more balanced policies and strengthening ties between the central government and the regions.

Reception of Roman Private Law in Ukrainian Civil Law as Confirmation of Belonging to the European Legal Family

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law.

The principle of ensuring the right to appellate review of a case and, in cases determined by law, to cassation appeal of a court decision as a fundamental (constitutional) principle of Ukrainian justice

This publication is aimed at studying the principle of ensuring the right to appellate review of a case and, in cases specied by law, to cassation appeal as a fundamental constitutional principle of Ukrainian judicial procedure, and at identifying the issues of its interpretation and implementation within the framework of civil proceedings, and at formulating conclusions and proposals aimed at resolving the identied issues and contributing to the improvement of judicial practice. The paper 1-rst denes the signicance of this principle for achieving the tasks of civil procedure and analyzes its place in the system of other principles of civil procedure. It is found that the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal does not compete with other principles of civil procedure, but organically complements them, allowing to correct judicial errors made, thereby guaranteeing the principles of legality, objective truth and others. The analysis of the name of the studied principle revealed a legislative narrowing of its content, used by the indication of the possibility of appealing a «court decision», while other legislative provisions and the practice of civil procedure indicate the possibility of appealing rulings and orders of the court. The e-ectiveness of the legislative approach to the comprehensive nature of the appeal is substantiated, with the exclusivity and extraordinary nature of the cassation review of court decisions that have entered into legal force and the e-ectiveness of existing mechanisms for implementing this provision (a wide range of subjects of the appeal, limitation of the cassation appeal for certain categories of cases, mandatory preliminary appeal of the court decision, etc.). A certain problem was revealed during the analysis of the civil procedure law norm regarding the denition of the objects of appeal in the aspect of its content presentation through the prism of its consistency with the constitutional norm (64 of the Constitution of Ukraine), according to which the limitation of constitutional rights and freedoms of a person and citizen should be provided for by legal norms, therefore, through the prism of consistency with this provision, it would be more logical to establish a prohibition on appeal in relation to each individual judicial act. Legislative work aimed at eliminating certain imperfections in the legal regulation will contribute to a more e-ective implementation of the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal in the practice of civil proceedings.

Language and style of a legal act: analysis of the Law of Ukraine «On lawmaking»

The article examines the peculiarities of language and style of a legal act in the context of studying Article 35 of the Law of Ukraine «On Lawmaking». It is determined that compliance by public authorities and local self-government bodies with the basic requirements for drafting and adopting regulatory legal acts is an integral part of an effective law- making process in Ukraine. In our opinion, the requirements to the language and style of a legal act are also important, since lawyers-drafters should have additional knowledge in this area, in particular, the linguistic features of writing legal norms. The author`s conclude that the issue of language aspects of legal drafting is relevant because the use of clearly defined and prescribed legal terms not only avoids ambiguity and different understandings, but also ensures the accuracy and unambiguity of the law’s interpretation. Therefore, a law should be written in a language that is understandable to everyone, but it should also use legal terminology to avoid misunderstandings and misinterpretations. It is noted that the Law of Ukraine «On Lawmaking» in Article 35 defines the basic rules of text presentation and peculiarities of the style of a legal act. However, for lawyers, the linguistic aspects of writing a legal provision are not always clear, so it is necessary to analyse in more detail the requirements of the law regarding the language of a legal document and to highlight the general principles of using terms and linguistic rules in the legal sphere. The author`s identify problems in the implementation of the provisions of Article 34 of the Law, in particular: 1) the lack of developed and adopted standards of Ukrainian legal terminology, which creates difficulties in the construction of legal norms; 2) the absence of a separate linguistic department which would deal with proofreading of draft legal documents, both in the Verkhovna Rada of Ukraine and in other state and non-state structures; 3) the absence of a Unified Glossary of Legal Terms, which also affects terminological consistency in the drafting of a legal document.