Legal Sphere Research Articles

The concept and features of the settlement of investment disputes under the legislation of the Republic of Kazakhstan

Relevance. The relevance of the study is determined by the fact that investment activity serves as one of the most important factors for the formation of an effective economic system, and litigation in this category of disputes is one of the innovations in the legal sphere of Kazakhstan and has no analogues in the post-Soviet space. Purpose. The objectives of this study are a theoretical analysis of the content of investment disputes, the procedure for resolving this category of disputes and identifying potential issues that may undermine the efficiency of dispute resolution. Methodology. Among the main methodological approaches used in the investigation are theoretical, functional, and dogmatic approaches, along with the method of induction, legal hermeneutics, the method of synthesis and others. Results. The study revealed that the characteristic features of investment disputes are the competition, confrontation, and interaction of private and public law categories. Notably, among the main categories of investment disputes were those involving the implementation of an investment project, and disputes related to the termination of investment activities and the admission of an investment; each category was defined and considered to have its own specific characteristics. As part of a detailed analysis, a judicial panel of the Supreme Court of the Republic of Kazakhstan was reviewed, which has jurisdiction over investment disputes involving large investors and appellate review of this category of disputes with other investors. Many conflicts and gaps in the current Kazakh and international framework have been identified. Conclusions. The practical value of the findings provided is the detailed analysis of the inherent issues and the identification of possible solutions aimed at improving the efficiency of investment litigation. Keywords: investment activity; Supreme Court; harmonisation of legislation; investment ombudsman; jurisdiction

Integrity in public administration: doubtful practical value of ethical and philosophical categories in preventing corruption (on the example of the public integrity council activity)

There has been tried in the article to systemize various approaches to the concept of integrity (in Ukrainian literally – kind-honesty), which is relatively new to the science of public administration, and to find out the sources and reasons for its appearance. A brief linguistic analysis of the integrity definitions contained in Ukrainian- and English-language sources has been carried out. There has been analyzed a variety of numerous definitions of the integrity concept, both ethical and philosophical, and normative and legal as well. A historical excursion has been made to prove rapid evolution of integrity criteria. There has been emphasized that the criteria of integrity in many cases are perceived exceptionally at an intuitive level, often being manipulative and unstable, depend on the person of evaluator and may differ even within small social groups. There has been cast doubt on the expedience of including changing ethical and philosophical categories in the national legislation and establishing legal liability for their non-observance. Based on the Public Integrity Council activity during the qualification evaluation of judges through the judicial reform of 2016-2019 and unsuccessful attempts to resume this procedure in 2023, practical problems in the evaluation of integrity criteria and subjectivity in approaches to such evaluation have been highlighted. There has been attempted to find out the practical value of integrity category in preventing corruption. The indisputable obligation of exclusive morality and ethics of those who are responsible for evaluating the public officials’ integrity has been emphasized. There has been demonstrated an example when mistrust to evaluators, their arbitrary and destructive application of moral criteria, placed in the legal sphere, cause personnel turbulence and public servants’ reluctance to continue their professional careers in conditions of uncertainty, what leads to the public administration mechanism disbalance. There has been suggested during the further modernization of the institute of public service in Ukraine and introduction of new anti-corruption mechanisms to avoid borrowing such categories that are not typical to the national context.

Понятность языка правосудия: опыт эмпирического исследования содержания и синтаксиса судебных решений

For many years, the primary challenges in the legal sphere regarding language in legal proceedings have been the utilisation of national languages of the republics and foreign access to justice. However, the authors of this paper hypothesise that citizens and organisations of Russian origin often require assistance in translating “legal Russian” to “everyday Russian”. This is due to the continuing syntactic complexity found in court decision language despite widespread attempts to simplify the presentation of information. The authors’ previous research into speech practices of laws and bylaws supports this hypothesis. The authors designed research questions to investigate the hypothesis of changes in the comprehensibility of the language used in court decisions over time. Additionally, they aimed to determine whether such changes depend on the type of courts, the category of cases, or the court instance level. Empirical research methods were used to examine not only whole court decisions but also their elements. Moreover, a representative sample exceeding 15,000 texts was studied. The analysis was conducted at different parts in court decisions including introduction, description, reasoning, and operation. Additional fragments such as facts, citations of legal acts, analysis of evidence, and judge’s conclusions were also studied. The methods of computational linguistics confirmed a consistent increase in the syntactic complexity of court decisions over time. According to the author’s methodology, court decisions are among the most complex legal texts. In essence, legal acts citations contribute to the bulk of these texts, making up the largest proportion (40% on average) in the descriptive and reasoning parts of the decision, compared to other semantic fragments. The research enabled the authors to compile a catalogue of detrimental speech practices used in court decisions, alongside recommendations for their rectification.

Certain problems in the appointment and production of unusual forensic examinations

The aspects of determining the list of traditional and "non-traditional" expert examinations, normative fixation of the lists of forensic examinations, training of personnel with appropriate qualifications, familiarization of investigators, inquirers and judges with new expert areas are subjected to a detailed study. The author also focuses separately on the justification of the possibility of recognizing as a non-traditional research of keyboard handwriting expertise and its introduction into the practice of detection and investigation of computer crimes. The author concludes that it is necessary to comprehensively resolve all the problems discussed. It is proposed: to develop a unified approach to determining the criteria of non-traditional forensic investigations; to approve a unified list of traditional expert areas for all departments; to strengthen the scientific development of new potential genera and types of forensic examinations; to organize on the basis of state universities courses of additional education in new forensic areas; to educate the subjects of forensic activity in the part of non-traditional forensic experts. In contrast to previous works on this topic, the present study proposes criteria that can be used to distinguish between traditional and non-traditional forensic activities, as well as to distinguish them from parascientific knowledge; proposes a systemic algorithm for solving all the identified problems and project modeling of this algorithm on the phenomenon of keyboard handwriting, insufficiently researched in the legal sphere, the research of which can become an effective mechanism for increasing the efficiency of forensic activities; and proposes a systemic algorithm for solving all the identified problems and project modeling of this algorithm on the phenomenon of keystroke dynamics, the research of which can become an effective mechanism for increasing the efficiency of forensic activities.

SOME ASPECTS OF LEGAL DEVELOPMENT OF THE COUNTRIES OF CENTRAL ASIA

The article analyzes and compares the legal developments of the countries of Central Asia in the context of digitalization of all aspects of public life, including the legal sphere. It is noted that the judicial system of these countries is developing along the same vector towards the creation of a truly independent judicial system, which does not exclude the presence of certain aspects in development, in particular the institution of jury trial in Kazakhstan, attempts to create such in Kyrgyzstan, etc. or those common and distinctive features that took place in the systems of sources of law in these countries regarding the status of decisions of the Supreme Courts. The article also notes those trends in the legal development of these countries, such as the influence of English law and its application in the field of international cooperation, more precisely in the field of business and commerce.

Ценность юридического языка

In any sphere of life in modern society, communication plays an important role. The legal sphere is no exception, which is characterized by the presence of its own language with its inherent features due to the specific nature of this phenomenon. However, the value of legal language lies not only in the possibility of exchanging legal information between subjects; it has much greater potential. This article is devoted to determining the value of legal language as a unique phenomenon based on the relationship between language and law. Particular attention is paid to its consideration through the prism of various scientific approaches and concepts.

Information security in the Union State: the universal legal dimension

The subject of the study forms a set of legal norms of normative legal acts of the Russian Federation, the Republic of Belarus and the interstate association of the Union State of the Russian Federation and the Republic of Belarus, international treaties(agreements) regulating public relations in the field of information security, law enforcement practice, foreign experience of legal regulation, as well as provisions theoretical interdisciplinary research in this field. The object of the study is public relations related to the legal provision of information security in the Union State. The Russian Federation and the Republic of Belarus in the context of new challenges and threats, as well as digital transformation and geopolitical changes. The analysis indicates a certain experience of scientific research in this field. At the same time, in the context of significant changes in socio-economic and foreign policy conditions, new challenges and threats, multi-vector scientific research in the information and legal sphere is necessary. The methodological basis of this study is a system of modern general scientific and private law methods. The study of the formation, development, place and role of the legal provision of information security of the Union State of the Russian Federation and the Republic of Belarus was conducted using the following general scientific methods: analysis and synthesis, abstraction and modeling, generalization, description, etc. The main conclusions of this study were the following proposals, it is necessary to develop and approve the conceptual framework for the legal provision of information security for the development of regional interstate cooperation within the framework of the Union State of the Republic of Belarus and the Russian Federation. This is important for solving the tasks of ensuring national and international information security, implementing agreements within the framework of regional interstate associations and further forming a system of universal public law mechanisms for ensuring information security. At the same time, the strategic legal acts of the Union State in the field of information security are dynamic in nature due to changes in social and political relations, including at the international level. There is a growing tendency to perceive the information space not only as an area requiring the use of exclusively protective measures of influence, but also involving active offensive measures to the extent necessary to protect national interests.

Development of the Common Law of England in the 12th – Beginning of the 13th Century and Pleas in a Cornish Justice in Eyre

The article is based on the research of the problem of formation and development of judicial legislation in the sphere of the early Common Law of England - with the involvement of materials, published by F.W. Maitland for Selden Society at the end of the 19th century, which represent claims to the visitorial Royal Court (or Justice in Eyre) in Cornwall in the third year of King John’s reign (1201); this might it possible to understand in what way grassroot claims from hundreds and manors spilled over into legal sphere of visitorial courts, which, as well as central ones, worked on the basis of «Coram Regis». A number of features of the gradual expansion of royal courts’ competence on the ground of Cornish claims, testifying not only of a number of cases in the sphere of everyday life, but also of socio-legal peculiarities, are shown. The presence of a constantly working Jury is one of the most important features, which is undeniable for a Cornish Justice in Eyre. Records, narrating about taking an oath by twelve «trustworthy people», conducting preliminary inquisition on every plea, presenting in the court every litigation case, listening to both plaintiffs and defendants, instructing clerks to write down their names as well as the names of pledges, testify to sufficient civility and the order of the procedure. Surely, it’s difficult yet to say about effectiveness of a new system of justice, including signs of the procedure reception by manorial and hundredth justice. Many features of legal development of the period will make up a further research perspective in the sphere of socio-legal daily life of medieval England.

PECULIARITIES OF THE APPLICATION OF THE METHOD OF COMPARING DOCUMENTS WITHIN THE FRAMEWORK OF FORENSIC ACCOUNTING

In modern conditions, the expansion of legal, transparent business activities of business entities with different organizational and legal forms of ownership in various economic and legal spheres objectively leads to an increase in the number of necessary methods for using special accounting knowledge. Cases of thefts, аccounting distortions, and tax violations in reports can be detected based on thorough research of the accounting and economic activities of the organization. This can be done by appointing and conducting forensic accounting expertise. The paper presents the features of the application of the method of combining accounting documents during the forensic accounting examination, which allows us to present in a new way the application of the method of combining documents in the process of checking documents carried out within the framework of a forensic accounting expertise. Keywords: forensic accounting, documents comparing method, document verification, control comparison, cross inspection.

The judicialization of politics as a significant phenomenon of global development: Russia’s experience

The article explores how the courts’ role has transformed in both the state system and society due to their expansion beyond their traditionally defined jurisdiction and the juridification of public relations. It is shown that this phenomenon is common at both the domestic and supranational levels. It takes into account the historical, political, legal, religious, and other unique characteristics of each country. The example of the Russian Federation is utilized to determine the potential for the advancement of judicial power in the context of the society’s juridification, as individuals are progressively inclined to view themselves and others as legal subjects. Through the use of statistical data, the process of broadening the scope of judicial activities is illustrated. The author has proposed a definition for the term “judicialization”. The process of judicialization was considered through both the decisions of state power and the initiatives of society. The approaches of Russian and foreign researchers in assessing the phenomenon of strengthening the role of the courts are analyzed. The contradictions that arise from the conditions under which the judiciary operates, while limiting state arbitrariness as part of the state mechanism, have been brought to light. It has been shown that the judiciary is perceived as a specialized institutional system rather than an independent branch of power and reforming the role and significance of the judiciary in the advancement of Russia has become a crucial requirement. The conclusion was drawn that the judicialization of politics is a noteworthy phenomenon in the evolution of the political and legal sphere globally, which demonstrates the judiciary’s novel role and significance in society.

HIDDEN ENTREPRENEURSHIP IN THE NATIONAL ECONOMY: REASONS AND FEATURES

The purpose of the article is to substantiate and systematize the causes and features of hidden entrepreneurship in the national economy. It is noted that the generalization of the problem of the appearance and reasons for the development of hidden entrepreneurship creates conditions for determining the methods of reducing its level in Ukraine at the current stage. Identification of the main reasons, as well as awareness of the negative consequences of the further development of hidden entrepreneurship for the national economy should become the foundation for the transformation of the institutional environment in the country. Attention is focused on the fact that in scientific works there is a position that the emergence of the "underground economy" is due to endogenous reasons of self-awareness of entrepreneurs, their attitude to existing restrictions and prohibitions, as well as their attitude to the justice of the existence of such restrictions. The reasons for the appearance of hidden entrepreneurship are divided into general and partial. It was determined that common causes exist as a result of prohibitions and restrictions that are established regarding the regulation of the main aspects of economic activity. In turn, partial or specific reasons lead to the emergence of hidden entrepreneurship at the level of individual operations, types of activities, in relation to a specific restriction or prohibition. It was determined that the next stage in the development of social business began at the end of the 20th century as a result of the creation of the first social enterprises. It is during this period that the concept of "social business" begins to be used, which takes on the characteristics of a socio-economic phenomenon and is the subject of independent research by scientists. Thus, analyzing the given historical milestones in the development of the phenomenon of social entrepreneurship, two approaches to solving social problems that have arisen in society are highlighted: financial and institutional. It is substantiated that a significant reason for the possible appearance of hidden entrepreneurship is the practical implementation of the relationship between politics and the shadow economy. In addition, an important reason for the appearance of hidden entrepreneurship is the intention and desire of business to "survive" in conditions of socio-economic instability. This is due to the fact that the excessive costs faced by entrepreneurship in the legal sphere put the entrepreneur himself on the edge of survival, which leads to the forced transfer of the business into the shadows. It is pointed out that the reasons for the appearance of hidden entrepreneurship are also related to circumstances of an objective nature. In this case, it is not so much about a deliberate violation of the established restrictions as about their absence or insufficient formation. It is primarily about the emergence of operations and activities related to the intensification of the use and spread of information and communication technologies, the development of creative industries, social networks, etc. It is justified that in order to explain the cause-and-effect relationships of hidden entrepreneurship, it is advisable to pay attention to the possibilities of using a behavioral approach. That is, the study of the essence of behavior regarding the implementation of hidden entrepreneurship is expedient to conduct also from the standpoint of a behavioral approach and a separate aspect – deviant behavior. Attention is focused on the fact that the basis of behavior oriented towards hidden entrepreneurship is the motive of preserving activity, saving costs, and striving to increase one's own wealth. Usually, this behavior is accompanied by the choice of a form of shadow operations, given the scale of the business and risk appetite. It was determined that the main essential characteristics of behavior oriented towards hidden entrepreneurship are: individuality, propensity to risk, the search for a compromise between the expectation of income and the avoidance of losses. It was concluded that hidden entrepreneurship from the point of view of cause-and-effect relationships is one of the forms of the embodiment of the behavior of the subject of economic relations, which reflects the complex interaction of his rational and emotional motives. The main consequences of hidden entrepreneurship can be: a decrease in competition, especially in the case of an established partnership of shadow business with politics; receiving benefits, privileges, exclusive rights in the state, including due to corruption and lobbying for draft laws; reducing the risks of economic activity; the possibility of legalization of illegally obtained income; illegal appropriation of rights to economic benefits; the formation of stocks of money of shadow origin, due to the need to pay shadow expenses.

Нормативно-правові аспекти будівництва автомобільних доріг

Statement of the problem. Road building is an important task of the State in modern society, and therefore it requires special attention from the state authorities. Warfare has caused catastrophic destruction on a large Ukraine territory, which has also affected the road surface in many regions. Therefore, Ukraine suffers from these problems to a large extent, which requires adequate management actions by the state authorities and proper regulatory support for efficient road building, which can bring the industry to a fundamentally new level of development. Analysis of recent research and publications. The problems of functioning of the road building sector are studied in the works of such scientists as A. Bezuglyi, T. Zakha- rova, V. Ivanchenko, N. Ishchenko, V. Krasniuk, O. Nepomniashchyi, I. Novakovska, Y. Sereda, B. Stasiuk, M. Stetsiuk, M. Yanchuk and others. They analyse the relevance of implementing the European experience of road safety management in the public administration system, study the peculiarities of road safety management, carry out a comprehensive assessment of the efficiency indicators of road building investments, substantiate the ecological and economic principles of land use of road transport and road economy, and study the peculiarities of public administration of road construction. Identification of previously unresolved parts of the general problem. The subject of this research is to study the peculiarities of regulatory and legal support for the road building. Summary of the basic research material. The analysis of the regulatory and legal support for road building shows that its legal regulation is sufficient. However, there are problems relating to the efficient and legal use of subvention funds, which is directly related to the corruption component. In this regard, it is necessary: to reduce corruption risks, to bring Ukrainian legislation closer to European requirements; to amend the Law "On Public Procurement" to require the use of an electronic procurement system; to regulate the prohibition of procurement of services for routine medium-term maintenance of roads by individual sections; to improve the advisory and personnel issues. Conclusions. In order to solve the problems that exist in the regulatory and legal sphere of road building, it is necessary to harmonise Ukrainian legislation with the European legislative framework, to amend the relevant regulatory documents to increase the level of transparency of tendering in the process of road building, and to ensure an appropriate level of expert advice during the implementation of works related to road building.

The Problem of Understanding the Evaluative Concepts of Civil Law: the Ratio of Natural and Legal Language

The article covers the problem of understanding evaluative concepts in civil law and legal linguistics. There have been attempts of civil studies to consider categories of evaluative concepts and propose their applied classifications. However, the problem of the presence and systematic interpretation of evaluative concepts in the legal sphere remains practically unresolved. In this article, we have made an attempt to identify the reason for the emergence and active use of evaluative concepts in civil law. This study answers the questions of what is meant by the concept of value in law and for what purpose it can be applied. We explored the main academic debate on the problem of evaluative concepts in law and linguistics, and then revealed that the evaluative concept is interpreted differently in these branches of knowledge and a possible convergence of understanding will cause great practical problems in law enforcement practice. The debate of linguists is caused by the basic idea that evaluative concepts have different, relative connotations, while lawyers strive to most clearly fix the phenomena of reality in evaluative concepts. The study identifies the characteristic features of evaluative concepts in the legal sphere and linguistics, which makes it possible to distinguish between interpretations.

VOLUNTEERING: SPECIFIC ASPECTS OF PUBLIC LEGAL REGULATION

The subject of the study is the conceptual, theoretical, methodological and applied provisions of volunteer activities. Methodology. General scientific methods were used in the research process. The comparative method was used to compare different forms of volunteering and different contractual instruments for formalising volunteering relationships. Analysis was used to determine the quantitative and qualitative parameters of current and previous legislation. Synthesis was used to identify the main characteristics of voluntary activities. The historical-legal method was used for the purpose of researching the historical retrospective of the development of legislation on the relevant problem. The purpose of this article is to analyse the past and present normative regulation of volunteering, comparing approaches to the regulatory framework before and after the normative reform of the relevant institution. The research also aims to identify the influence of socio-political and socio-economic trends on the transformation of the institution of volunteering. The results of the study have shown that since the beginning of the full-scale invasion of the Russian Federation, the institution of volunteering has undergone a continuous transformation, mainly due to the fact that volunteers focus on the performance of their daily tasks before adhering to public legal norms and regulations. This is quite understandable, as the interests of national defence and military support take precedence over individual elements of public law regulation. Consequently, the state is constantly seeking mechanisms for institutional simplification in the regulation of volunteer activities. Conclusion. To date, the regulation of volunteer activities in Ukraine operates in both the private and public legal spheres. It's worth noting that while the private legal regulation of volunteer activities is flexible and concise in its normative framework and generally does not raise significant concerns, the same cannot be said for the public legal regulation of volunteer activities. Since the beginning of the Russian Federation's full-scale invasion of Ukraine, tax legislation on volunteer activities has undergone several changes. In particular, from the outset there was a more liberal approach to the tax and legal regulation of volunteering than later developed. This was partly to avoid situations where volunteering could be used as a mechanism to evade taxation or to legitimise income obtained by criminal means.

TRANSPOSITION IN THE UKRAINIAN-LANGUAGE REPRODUCTION OF ENGLISH TEXTS (BASED ON THE MATERIAL OF INTERNATIONAL LAW DOCUMENTS

The article is devoted to consideration of the issue of transposition in the Ukrainian-language reproduction of texts in the international legal sphere. The research is conducted in two stages. During the first stage, the importance of translating international legal documents into Ukrainian is defined. The main requirement for the translation of texts in the international legal sphere is also defined, namely: to accurately convey the content of legal documents in the target language. It is found that the translation of international legal documents is an integral component of the development and improvement of the Ukrainian terminological system in the international legal sphere. It is established that Ukrainian linguists deeply study the English-language terminology of the legal sphere because of the development of the legal system in English-speaking countries. Definitions of the concepts “international law” and “international legal documents” and their categories and types are also characterized. It is clarified that international legal documents have legal force, therefore the definition of the concept of “legal documents” and their features are also defined: the definitions of legal terms are not always fixed in lexicographic sources, for the terms of the legal sphere, the division into inter-branch and intra-branch terms is unacceptable, legal terms can be used not only in a professional context, but also in everyday communication. During the second stage, the concepts of affixation and conversion are analyzed. The main components of affixation are also found out. Additionally, the definition of the concept of “transposition”, its levels (complete or morphological and incomplete or syntactic), as well as its classification, are presented. It is also found that transposition has three components: the transposed, the transpositor, and the transpose. 10 types of transposition are presented: substantivation, verbalization, adjectivization, pronominalization, prepositionalization, numeralization, adverbialization, conjunctionalization, particulation, and internalization. 10 sentences of the English-language text from the European Convention on Human Rights and their Ukrainian translation are analyzed and classified according to 7 types of transposition: substantivation, verbalization, adjectiveization, pronominalization, prepositionalization, adverbialization, and particulation. During the analysis of examples of translation by means of numeralization, conjunctionalization and internalization in the texts of the European Convention on Human Rights, no examples are found. The research material is the European Convention on Human Rights [7], [8] and the scientific work of E. Koval, 2020 [9].

Principles of Law in the Russian Liberal Doctrine of the Late 19th – Early 20th Century: A Positive Approach

The article examines the principles of law as interpreted by Russian liberal jurists of the late XIX – early XX centuries – N.K. Rennenkampf, G.F. Shershenevich, S.V. Pakhman and M.N. Kapustin. In the absence of special studies that allow to study the principles of law in the legal science of the Russian Empire the author reveals the signs identified by domestic scientists in understanding the guiding principles of legal regulation; the characteristic of the principles of legality, justice, humanism, democracy and formal equality proposed by lawyers of the pre-revolutionary period at the stage of problem formulation is presented. Special attention is paid to the concept of M.N. Kapustin according to which the legal sphere focuses on two types of principles at once: some carry the basic meaning of law and are an integral part of its essence (justice and formal equality), others are introduced artificially in the course of human mental activity in order to optimize the processes of creation, application and development of legislation. It is proved that the Russian jurists of the late XIX – early XX century insist on the scientific development of the principles of law and their investment in the form of legal norms that have a constituent character, direct action, stability and formal certainty. It is noted that the supporters of legal positivism, emphasizing the importance of legal doctrine and firmly fixing the term ≪principle≫ in scientific circulation, had a significant impact on the formation of the modern categorical apparatus. The relevance of the views of liberal jurists of the late XIX – early XX century, projecting the effect of the principles of law on overcoming gaps in legislation and optimizing law enforcement activities in terms of the exercise of discretionary powers is emphasized.

Digital legacy: reflections on regulation and challenges in the succession of digital assets

The digital inheritance has become relevant in the context of law, compelling the legal sphere to experience new institutions, namely digital assets and virtual personality. It brings with it various issues, such as a lack of effective regulation, absence of succession planning, and impacts on users' privacy and intimacy. In this context, the research aims to address the guiding question: "To what extent can we develop regulatory and practical approaches to address the succession of digital assets, taking into account the technological, legal, and ethical complexities involved, without compromising users' privacy and intimacy?" The hypothesis posits that it is possible to find a balance between practical and regulatory needs while preserving users' privacy. Adopting the hypothetical-deductive method and a review of scientific literature, it was concluded that it is feasible to enact legislation capable of regulating the issue, ensuring the rights of heirs, autonomy, interests, privacy, and intimacy of the deceased. Furthermore, until such legislation exists, the will can and should be the adopted means to address the issue at hand.

Адміністративно-правове гарантування прав та законних інтересів громадян україни у сфері публічного управління в Україні

The article is devoted to the problem of administrative-legal guarantee of the rights and legitimate interests of Ukrainian citizens in the sphere of public administration in Ukraine. Special attention is devoted to the analysis of the rights and legitimate interests of a person in the field of public administration as a subject of administrative and legal guarantees in Ukraine. It has been established that the source of guaranteeing individual rights in the field of public administration is the state. Other institutions of the state acting as subjects of administrative and legal guarantee of the rights of the individual in the field of public administration, broadcasting his will, endowed by the state with special competence, effective means of guaranteeing the rights of the individual. The article analyzes the peculiarities of the combination of public interest and private legitimate interests of individual individuals, the theory of the dualism of private and public interest within the framework of subjective public law, presents an analysis of the category "public legitimate interests", and the structure of subjective public rights. It was found that the category of subjective law in the public legal sphere is wider than the category of subjective public law. Particular attention is paid to the types of subjective public human rights, since their satisfaction is the most important subject of administrative and legal guarantee by the state, in particular through the mechanism of judicial control. Special attention is devoted to the analysis of public-civil, public-political, public-social rights. Positive and negative public, general and special rights in the researched area are singled out. It was noted that the practical implementation of administrative and legal guarantees of individual rights requires the involvement of a wide range of state institutions endowed with the necessary competence to create conditions, implement means aimed at guaranteeing the possibility of implementing individual rights and, if necessary, their protection. The features of guaranteeing the legal rights of a person, the system of such guarantees are characterized. It is emphasized that while guaranteeing a wide range of legal opportunities, the state should focus on developing a clear mechanism for countering the abuse of law in the field of public administration in wartime conditions.

Legal regulation of economic security of Ukraine under the establishment of Industry 4.0

Problem setting. The conditions of the modern digital era impose new requirements on the efficiency of national enterprises. Industry 4.0 involves digitization and automation of production processes and management at enterprises of the real sector of the economy to increase labor productivity, reduce costs, flexibility and adaptability of production systems, and the effectiveness of cooperation in the value creation chain. At the same time, with the possibilities of Industry 4.0 technologies, there are threats to economic security, which requires the development of a strategic vision and legal regulation of security in the digital economy. Analysis of recent researches and publications. The analysis of scientific publications of domestic scientists on the topic of the study showed that there are two opposite groups of works. The first group of researchers analyzes the risks and threats of Industry 4.0 for the economy; however, the authors do not provide recommendations for ensuring economic security in the digital economy. The second group of scientific publications is devoted to general issues of ensuring the economic security of Ukraine, in particular in the legal sphere. However, they hardly pay attention to threats from digitalization. Purpose of research is the development of theoretical provisions and practical recommendations regarding the improvement of regulatory and legal regulation of ensuring the economic security of Ukraine in the conditions of the formation of Industry 4.0. Article’s main body. The work examines the essence of Industry 4.0, the possibilities and advantages of introducing digital technologies into management and production processes, the risks of digitalization and threats to the economic security of Ukraine, the feasibility of improving the legal regulation of economic security in the conditions of the introduction of digital technologies is substantiated. During the analysis of legal acts, the lack of a strategic vision of ensuring economic security against the threats of digitalization, an insufficient list of security indicators for assessing the consequences of digital transformations, and the threat of Ukraine’s financial and technological dependence on developed countries were revealed. The basic principles of the formation of state policy in the field of economic security are substantiated: the rule of law, the priority of protecting economic sovereignty, the correlation and comparability of national and international legislation, adequacy, expediency, meaningfulness, rationality, timeliness and effectiveness of regulatory measures, mutually beneficial conditions of international cooperation, equality of opportunities for residents and nonresidents, stimulation of the domestic economy, sequence of opening of the national economic system for the EU economic system, priority of protection of strategic sectors of the economy, recognition of the jurisdiction of international judicial and arbitration bodies. It is proposed to improve legal regulation in terms of expanding the principles of state policy formation in the field of economic security, revising the methodology for calculating the level of economic security of Ukraine, regulating the provisions on the development and implementation of the Strategy of Economic Security of Ukraine, establishing threats from digitalization and determining the corresponding tasks to overcome them in each sphere of economic security. Conclusions and prospects for development. The implementation of Industry 4.0 is associated with significant threats to national economic security, which requires the development and implementation of a state policy to ensure security in the field of the digital economy. The developed recommendations for improving legal regulation will allow to more effectively ensure economic security in Ukraine. Further directions of research consist in the development and scientific substantiation of measures to ensure economic security in conditions of digitalization, improvement of legal support for their effective implementation.

Regulatory and Legal Bases of Digitalising Book Monuments of Ukraine

The aim of the article is to analyze the laws of Ukraine, the resolutions of the Cabinet of Ministers of Ukraine, the Orders of the Ministry of Culture and Information Policy of Ukraine in the context of their defining the normative and legal bases of working with book monuments of Ukraine. The article studies the settlement of the issue of Ukrainian book heritage digitization as a tool for its preservation and popularization.
 Research methods involve a combination of analysis and synthesis methods in their dialectical interaction, as well as methods of empirical and theoretical research, and system and structural analysis.
 The scientific novelty of the study consists in highlighting the presence of legal grounds in the current regulatory and legal base of Ukraine for the implementation of the technology of digitalizing Ukrainian book monuments, and working out ways to bring the legal field of Ukraine closer to the EU standards in terms of rare books digitization.
 Main conclusions. Book monuments of Ukraine are of great importance for the national identity formation. The demand for the formation of a stable Ukrainian identity has increased after the full-scale russian invasion of Ukraine in 2022. Under these conditions, the protection of the spiritual heritage of Ukraine has become a matter of national security, taking into account the fact that it is impossible to form a national identity without it. In conditions of the active formation of a digital society, the opportunities for preservation, study and presentation of cultural monuments in the modern cultural sphere grow rapidly. Digitization technology is an effective tool for preservation and protection of book monuments, opens the way to their unhindered promotion in modern information space. In this article, the importance of protecting book monuments of Ukraine through the digitization technology introduction in conditions of the russian-Ukrainian war is emphasized. It is established that the existing regulatory and legal bases ground the legitimate foundation for the book monuments digitization. The prospects for improving the legal sphere of Ukraine in terms of its approximation to the standards of the European Union are clarified.