Principles Of Legislation Research Articles

Argumentation of the special social care concept for war veterans in Ukraine

The value of adherence to basic liberal democratic approaches to market self-regulation of the economy is emphasised. At the same time, given the particularly difficult conditions that the Ukrainian people are going through, which has given rise to a separate priority public interest not only for Ukrainian society, the author considers the concept that not only socially vulnerable/unable to protect themselves, but also, first and foremost, citizens who perform extremely important duties to the State and their people deserve special recognition and provision of special social security, and improvement of conditions for the exercise of labour and other rights of war veterans. This idea is substantiated in accordance with the provisions of the main section of the Constitution of Ukraine, Ukrainian legislation, and the principles of labour and social security legislation. The author distinguishes approaches of the state social security policy to different categories of citizens, in particular, two main ones: 1) when a certain regulation is established for subjects unconditionally, i.e. without any requirements regarding the corresponding obligations of such persons towards the state; 2) when the state policy with appropriate legal regulation of social protection and support is introduced for persons who have undertaken to perform particularly important priority functions for the state, to protect the state sovereignty and territorial integrity of the internationally recognised borders of Ukraine. In the latter case, it is emphasised that such regulation is conditional, since the priority is the fulfilment of a citizen's primary duty to the state, which gives rise to the right to social security for combatants, other war veterans and members of their families. It is logically suggested that in such a 'conditional' legal regulation of social security, the distinction between 'basic' and 'extended' social security would be consistent with the principles of social justice. At the same time, 'basic' social security is designed for all those who have performed a relevant duty towards the state, and 'extended' social security is created for volunteers, based on the criterion of forced (mobilised) or independent, voluntary performance of military duty (volunteers). Such a state policy would not only recognise the special role of war veterans, but would also be logically justified by the fact that volunteers have greatly simplified the already complex process of mobilising those liable for military service, thus saving the state some resources.

The Validity of Sanctions Arrangements in Regional Regulations

The principle of lower-level legislation in the hierarchy of legislation must not conflict with higher-level regulations and must be enforced. This includes regional regulations whose administrative sanction content must not deviate from higher-level regulations. This study aims to determine the validity of regional regulations in regulating the content of sanctions, the regulation of sanctions for regional head regulations that do not comply with the rules above them, and how binding they are when applied. The research method used is the normative legal method, including the approach to legislation and legal concepts. The comparative method is also used to compare this issue with Japan. The results of this study indicate that there is disharmony between regional regulations and their implementing regulations due to the lack of detailed regulations on the content of regional head regulations, which has the potential to cause deviations in the content and affect the validity of the legal product. This has a negative impact and confuses at the implementation level, especially on the content of sanctions that are not in sync with the rules above them. Meanwhile, in Japan, Japanese administrative sanctions are contained in a very structured and standardized manner to minimize inconsistencies in regulations at the regional level. Therefore, the formation of material content regarding sanctions in implementing regulations must be based on legal validity, both materially and formally.

Examining the Inclusion of Trust and Trust-Building Principles in European Union, Italian, French, and Swiss Health Data Sharing Legislations: A Framework Analysis.

Public trust is critical to both system legitimacy and the successful implementation of data-driven health initiatives. Legislations are an essential instrument for building public trust, as they can have a dual effect on trust: a passive effect by reinforcing the public perception of an active regulatory system that upholds the rule of law and an active effect as a tool for policymakers to signal trust-building actions to be undertaken during the implementation phase. However, there is limited evidence on the extent to which health data-sharing legislations contain references to trust and trust-building principles for their practical implementation. By applying an evidence-based "public trust in health data sharing" framework, 36 legislations from the European Union (EU), Italy, France, and Switzerland on health data sharing were analyzed to assess 1) how the term "trust" is embedded in legislations, and 2) the presence and quality of trust-building principles within the selected legislations. Nine legislations incorporated references to "trust," mainly within the explanatory memorandum and preambles of EU legislations. The most prevalent trust-building principles were "agencies of accountability" (72%) and data "security" (70%). In contrast, the principles "public information" (14%) and "time" (6%) were the least presented. Moreover, the qualitative analysis showed that the majority of the trust-building principles were implicit in the legal text, with Swiss legislations having the highest number of explicit references. The limited and implicit use of "trust" and trust-building principles in EU, Italian, French, and Swiss legislation emphasizes the opportunity to raise policymakers' awareness of these principles. The proposed framework provides an initial guide for policymakers to incorporate trust-building principles within health data-sharing legislations in a recognizable and comprehensive manner. This ensures that policy implementers at various stages of the policy process can implement trust-building actions, contributing to public trust building in both European and national health data-sharing initiatives.

Benthamís Project of Applied Ethics, c. 1780: Part I, A Penal Code

Benthamís An Introduction to the Principles of Morals and Legislation (IPML) was originally intended to introduce a utilitarian penal code. Such a code would apply the principle of utility to the task of designing a system of criminal law. Part I, Section I of this two-part paper gives an overview of IPML, in which the basic moral assumptions of utilitarianism are presented, and the central concept of mischief is emphasised. The principle of utility favors making into criminal offences actions that are mischievous and profitable to punish. Section II discusses Chapter XVI of IPML. This chapter is a taxonomy of possible offences and the penal code would explain which acts in the taxonomy are mischievous and profitable to punish. This chapter also suggests how Bentham was beginning to see the need for other utilitarian legal codes. Section III discusses Benthamís concept of a ëcatechism of reasonsí to be included in the code, which would explain to the citizenry why each action in the code is mischievous. Section IV discusses two important sets of manuscripts that illustrate the reasoning that was to accompany the code. The first briefly treats the offence of cruelty to animals and expands on the thinking in the famous footnote to Chapter XVII that argues that non-human animals can be treated wrongly, while the second examines the remarkable treatment of ëpaederastyí, that is, consensual sex between adult males. IPML does not mention paederasty, although several passages are relevant to it. These passages suggest that paederasty is not mischievous. The manuscripts expand on these suggestions, and explicitly argue that paederasty ought not to be an offence. Several new issues are discussed, such as the effect of paederasty on population size. In the subsequent Part II of this paper, Benthamís treatment of punishment in IPML, The Rationale of Punishment, and the penal code will be discussed.

Recent Developments in China’s Coastal Zone Management Legislation: An Appraisal

The coastal zone has become one of the areas with the most serious environmental problems and has concentrated conflicts between land development and protection in China. It is the choice of many countries to regulate and balance coastal resource utilization and environmental protection by legal means. However, China has not yet issued comprehensive legislation on coastal zone management at the national level, while some coastal provinces and cities have enacted local legislation. This study first systematically reviews China’s coastal zone management legislation at both the national and local levels, paying particular attention to those laws enacted in the past decade and subsequently looks into the core regimes adopted in China’s coastal zone management. From the perspective of achievements, the legislative framework of China’s coastal zone management legislation is relatively complete, with increasingly diverse legislative subjects and increasingly refined legal provisions, providing a strong normative basis for coastal zone management. Nevertheless, existing legislation also faces challenges such as insufficient systematization, inefficient coordination mechanisms and incomplete legislative content which impact the practical effectiveness of coastal zone management legislation. Based on China’s national conditions, this study proposes two suggestions for future improvements. On one hand, in terms of legislative principles, coastal zone legislation should embody a concept of integrated management and establish substantive principles of systematization, protection priority, prevention and precaution, justice and equality while following the principle of non-contradiction in legislative form. On the other hand, in terms of legislative content, the institutional system of China’s coastal zone management legislation should be further improved in four aspects, namely, optimizing the coordination mechanisms, introducing incentive mechanisms, strengthening public participation, and improving climate change countermeasures.

MECHANISM OF CIVIL-LAW REGULATION OF RELATIONS FOR THE PROVISION OF PAID EDUCATIONAL SERVICES BY HIGHER EDUCATION INSTITUTIONS IN UKRAINE

The paper defines the specifics of the mechanism of civil-law regulation of relations for the provision of paid educational services by higher education institutions in Ukraine. At the same time, civil-law regulation is understood as a special legal influence on the behavior of participants in public relations, that are included in the subject of civil law as a branch of law. Special legal influence on the behavior of participants in relations on the provision of paid educational services by higher education institutions in Ukraine is carried out through a system of certain legal means, among which in the most general form one can distinguish: civil law norms, personalized individual acts of an autonomous nature (including contracts), personalized individual acts of a power nature (acts of application of law). However, the said civil-law influence cannot occur automatically. In this case, a certain mechanism for carrying out civil rights should be used, the functional purpose of which is to ensure the realization of the powers that make up the content of said rights, and the fulfillment of relevant subjective duties. It has been found that in order to characterize the mechanism of civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine, it is important to take into account the systemic and logical interrelations that exist between the norms of civil law enshrined in various normative legal acts. And this is directly confirmed in the current legislation, in particular in Art. 2 of the Law of Ukraine «On Higher Education», which directly states that «the legislation on higher education is based on the Constitution of Ukraine and consists of the laws of Ukraine «On Education», «On Scientific and Scientific-Technical Activities», this Law and other normative legal acts, international treaties of Ukraine concluded in the manner established by law». It has been substantiated that all the norms of law aimed at civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine should not contradict the general principles of civil legislation defined in Art. 3 of the Civil Code of Ukraine, since they are the basic construction that allows civil law to function as a system of norms of law.

Humanistic foundations of the legal system: dialectics of theory and practice in the conditions of modern challenges

The article is devoted to the study of the principle of humanism as the fundamental basis of the modern legal state. The author examines the historical development of the concept of humanism from the ideas of ancient philosophers to modern concepts of human rights, emphasizing its key role in the formation of the legal system and state policy. The work analyzes the concept of «principle» and its meaning in the legal context. The author emphasizes the systematic nature of the principles of law, their interrelation and hierarchy, which is critically important for understanding their role in the formation and functioning of the legal system. Special attention is paid to the principle of humanism as a cross-cutting element of the legal system. Its key aspects are considered: recognition of the inherent value of each person, respect for human dignity, provision of conditions for the realization of rights and freedoms, striving for the common good. The author emphasizes that humanism in law is not only an ethical ideal, but also a practical guideline for law-making and law enforcement. The article also examines certain aspects of the dialectical opposition between humanism and anti­humanism, which allows for a deeper understanding of the dynamic nature of humanistic principles and their role in the development of the rule of law. The author emphasizes the need for constant critical review of existing norms and institutions for their compliance with humanistic ideals. An important aspect of the research is consideration of the relationship between the level of moral maturity of society and the implementation of the principle of humanism. The author claims that in a morally developed society, respect for the rights and freedoms of the individual becomes an organic component of everyday life, which creates a harmonious coexistence of ethical principles and legal norms. In the conclusions, the author emphasizes the need not only for formal enshrining of humanistic principles in legislation, but also for their practical implementation in all spheres of social life. This requires constant improvement of the legal system and state administration in order to maximally satisfy the needs and interests of citizens, which is a key feature of a truly legal and democratic state.

COMPARATIVE LEGAL ANALYSIS OF TAX MEASURES TAKEN IN CRISIS CONDITIONS

The world's economic and legal systems are facing a huge challenge to overcome the negative consequences imposed by recent social distortions. In 2020, what started as a health crisis quickly turned into an economic-social problem where an express response was required to ensure the functioning of social actors. This economic-social crisis was followed in a short period by new security crises with additional consequences on national systems. The response to the newly created conditions requires a multidisciplinary approach that will include measures of a health, economic, social, and security nature, adopted on the principles of legislation and expediency within the national legal systems. These measures have their own direct or indirect tax component. The purpose of this paper is to perform a legal analysis of the tax measures taken in the national systems. The scope of the research covers the member states and candidate countries for membership in the European Union. The focus is on the more recent crisis period, with particular emphasis on the COVID-19 period. The analysis primarily focuses on the legal element of the tax measures, the procedure of their implementation, and their legal nature. Also analyzed are the challenges that they have on the taxpayers and the administrative authority for their performance. The method of comparison in the paper is used to compare the similarities and differences between the tax measures in the different national systems and to detect the legal challenges imposed by the established crisis conditions. At the end, conclusions are given about the current situation and recommendations on how the establishment of tax systems should be in the future in crisis conditions.

The Criminal Code of Mongolia. The General Part. Crime

Introduction. In a number of positions, the Criminal Code of Mongolia is recognized as more progressive than the Criminal Code of the Russian Federation. Therefore, it is no coincidence that there is a noticeable increase in the number of publications devoted to legislative decisions of the Criminal Code of Mongolia, which are of undoubted interest in scientific discussions on key criminal law issues.General provisions. The Criminal Code opens with Chapter 1 "General provisions", which sets out the goals, principles of the criminal legislation of Mongolia, the rules of its operation in space and time. The Criminal Code of Mongolia enshrines only three principles: legality, justice and guilt. The law explicitly states that it is not allowed to bring a person to criminal responsibility for opinions or beliefs. The issue of the time of commission of ongoing and ongoing crimes has been resolved. The rules on the statute of limitations of a crime have been moved to this chapter.Crime. The foresight of an act in the criminal law is called an indispensable condition for the recognition of an act and omission as criminal, and, in particular, a careless act. The concepts of a continuing crime and an ideal set of crimes are revealed. Only two categories of crimes are fixed: serious and minor. The form of guilt for the purposes of categorization of crimes in the Criminal Code of Mongolia is insignificant. The very forms of guilt (intent and negligence) are named in art. 2.3. At the same time, intent is not divided into types. TheCriminal Code of Mongolia defines the concept of damage and harm caused by a crime. The chapter ends with the regulations on the unfinished crime.Complicity. It is noteworthy that the form of guilt of the crime committed is not specified in the law. A mediocre performer is a person who has committed a crime by using not only a person who has not reached the age from which criminal responsibility begins, an insane person, but also other persons who have not committed a crime in complicity with the perpetrator and do not realize that a crime is being committed, or livestock or other animals. The perpetrator of a crime is also recognized as a person who inclines another person to commit a crime under the influence of physical or mental coercion.Circumstances precluding the criminality of the act. This institution has found regulation in Chapter 4 of the Criminal Code. It can distinguish significant differences from the Russian Criminal Code in regulating necessary defense, extreme necessity, coercion, reasonable risk, and execution of an order.The procedure, grounds for criminal prosecution and exemption from criminal liability. Chapter 6 contains regulatory requirements that define: (1) signs of the subject of the crime – an individual; (2) general rules for bringing to criminal responsibility and (3) special rules for sentencing; (4) rules for exemption from criminal liability and punishment.Liability of legal entities. Chapter 9, which closes the General Part, is devoted to their responsibility, which defines the grounds for bringing legal entities to criminal responsibility; types of criminal liability; guarantees of its inevitability. The basis for the imposition of punishment is the sole or joint decision of authorized officials representing a legal entity, or actions or omissions committed in the interests of a legal entity that contain signs of an appropriate corpus delicti.Conclusions. Modern Mongolian criminal legislation, while maintaining continuity and honoring legal and cultural traditions, has a qualitative originality. The normative prescriptions proposed in it are of interest to Russian criminal law science and the legislator. Undoubtedly, the experience of Mongolian criminal law regulation can and should be taken into account by the domestic legislator.

THE ECONOMIC AND LEGAL NATURE OF THE MINIMUM TAX LIABILITY

The relevance of the study of the economic and legal nature of the minimum tax liability is due to several factors. Firstly, being relatively new for Ukraine, this type of tax has not yet been sufficiently studied by scholars. Secondly, due to the specifics of the object of taxation, the introduction of the minimum tax liability significantly affects the taxation of farmers – owners of agricultural land and land users, producers of agricultural products, who are among the most vulnerable segments of the population. Thirdly, such a reform of the tax burden on business entities in agriculture, as one of the sectors most affected by Russia's armed aggression, requires a thorough analysis of its timeliness and appropriateness. This necessitates a study of theoretical and practical aspects, potential risks of introducing the minimum tax liability, as well as the formulation of proposals for solving problematic issues in this area, which is the purpose of the study. The research methodology includes a number of methods of scientific knowledge: the philosophical (dialectical) method, general scientific methods (the method of analysis and the formal logical method), as well as methods related to special scientific methods (formal legal and comparative legal). Results. The study of the economic and legal nature of the minimum tax liability concluded that there is a tendency to expand the range of taxpayers. In particular, at the expense of individuals – members of private farms. The article proves that such innovations lead to the loss of existing tax privileges for farms and increase the tax burden for these entities. The authors identify the risks of introducing a minimum tax liability, including incentives for farmers to alienate agricultural land or transfer it to other persons, alienation of farmers from the main means of production, and increased unemployment. It is established that the introduction of the minimum tax liability under the existing conditions is a violation of the fundamental principles of tax legislation of Ukraine. The generalisations obtained can be used to amend the tax legislation and will be useful in conducting scientific research on tax and agricultural legal relations.

The rule of law as a constitutional principle of criminal legislation and justice

Consideration of the principles of criminal law is of paramount importance for understanding the grounds for bringing a person to criminal responsibility. Of course, the problem of principles cannot find its solution only within criminal law or any other field of law, until the conceptual apparatus of legal principles in the general theory of law is defined. According to the article of Art. 3 of the Criminal Code of Ukraine, the legislation of Ukraine on criminal responsibility constitutes the Criminal Code of Ukraine, which is based on the Constitution of Ukraine and generally recognized principles and norms of international law. Article eight of the Constitution of Ukraine declares that it has the highest legal force; laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. Taking into account the proposals of scientists on the normative settlement of the problem of principles of law, as well as the existing developments of the Working Group on the preparation of the new Criminal Code of Ukraine, each of the principles known in legal science requires a separate study. Since the title of Article 8 of the Constitution of Ukraine explicitly stipulates that the principle of the rule of law is recognized and applies in Ukraine, and Article 129 states that a judge is independent and guided by the rule of law when administering justice, it is obvious that it is unique in the system of domestic law and each of its branches. Among the constitutional principles of criminal justice, the principle of the rule of law is the leading one. A positive feature of the Project of the Criminal Code of Ukraine is the priority place of the rule of law as the basis on which relations arising from the commission of a criminal offense are regulated. Regarding the relationship between the rule of law and legality, there is a well-founded position: the rule of law is a fundamental goal of the criminal justice system, while legality is an important, but not the only, principle that promotes the implementation of the rule of law. The principles of the rule of law and legality may come into conflict. When it comes to the principle of the rule of law, the imperative is its priority and leading role in the paradigm of the principles of law. The principle of the rule of law cannot be excessive, it is always dominant, since its implementation ensures the achievement of the goal of justice — the restoration of justice, and the effective operation of the criminal justice system. Justice is a category of a higher order than any principle, including the rule of law. The scientific position on the existence of three supremacy — law, legality and constitution — has been criticized. There can be not only three supremacy, but also two. The rule of law is the only principle that occupies the highest level in the hierarchy of legal principles. Key words: justice, fairness, principles of criminal law, principles, constitutional principles, rule of law, case law, natural law, legality, criminal justice, constitution, judge.

Prevailing Organizational Culture from the Perspective of the Quran and the Sunnah

The reality of the occupation and the repeated offensives the Palestinian people lived through every day across Palestine doubled the number of orphans. The resulting political and institutional need for the effective management of institutions that care for orphans in various governorates increased. This study aimed to identify the most important features of organizational behavior derived from the Holy Qur’an and the Sunnah of the Prophet, according to which work is carried out in the Dora Islamic Society for Orphan Care. The research problem was chosen to identify the main challenges facing this charity in managing its operations and to explore the strategies it uses to overcome these challenges. The study used the descriptive approach to study the descriptive case, which is the charity. The study used the interview tool, so the questions and topics that were discussed were developed, and answers to their questions were obtained with the charity’s team through interviews. The work of the charity stems strongly from the legal foundation of the disposal of (clean) money for the benefit of orphan care. The charity has become a reference for hundreds of needy families and a point of trust for them. The results indicated that the prevailing organizational behavior in the charity is linked to the Sharia rulings, and each procedure is tried according to its legislative principles. The team was genuine and reflective of strong trust internally, as well as a strong relationship between the servant leader style of the CEO and the rest of the team members.

Уголовная ответственность юридических лиц за нарушения в сфере оборота наркотиков в Алжирской Народной Демократической Республике

Purpose: study the regulation in the sphere of drug trafficking control based on judicial practice and doctrinal provisions and to identify the peculiarities of criminal liability of legal entities for drug offenses in the People's Democratic Republic of Algeria. Research methods: the study is based on content analysis of documents, special-legal methods (interpretation and formal-legal method), methods of juris linguistics and consider comparative in nature. Conclusions: regulation in the sphere of drug trafficking control is complex. A number of laws contain blanket and reference norms. Comparing the Algerian and other Arab legislation reveals common features and distinctions related to the criminal liability of legal entities the approach to the definition and terms is similar; the list of drug offenses for which juridical persons can be prosecuted is exhausted, but it can be expanded, taking into account the firmly established case law broader interprets the applicable legislation. The term of such punishment as temporary closure is more lenient in comparison with that provided for by the criminal law, unlike the fines, which are multiples of either the amount of fines provided for individuals or the value of confiscated goods. The author has highlighted procedural peculiarities of bringing legal entities to criminal liability, as well as jurisdictional principles. Scientific and practical significance: with the regard to the specific combination of religious and secular principles in the Arab legislation and linguistic specifics, the research contributes to filling the gaps in understanding modern anti-drug legislation of the People's Democratic Republic of Algeria, as well as the issues of corporate criminal liability. The results of the study can be taken into consideration in the developing Russian legal framework of criminal liability of legal entities and used in the context of further studies of Algerian law and interaction with the country.

"BANK TIZIMINI TASHKIL ETISH BOʻYICHA AYRIM XORIJIY MAMLAKATLAR TAJRIBASI: QIYOSIY-HUQUQIY TAHLIL "

"In this article, the author analyzed the banking system, types of banks, principles of banking, and the tasks of banks as part of the financial system. The purpose of this study is to develop proposals and conclusions aimed at improving the banking system as a result of the study. Banks are an integral part of the financial system. The financial system regulates financial relations on the basis of banking and credit policies and legislation. Banks act as a separate system of the financial system; in particular, commercial banks and non-banking organizations are represented in the first level, and the central bank that controls these organizations is represented in the second level. The Central Bank, commercial banks, subsidiaries, foreign banks and foreign banks form a single system. The banking system means mutual control, subordination, and a single organizational structure. It is therefore important to clearly define the scope of the banking system. By studying these issues through a comparative analysis of domestic and foreign legislation, historical, legal, systemic, logical, statistical, and other methods, the concept of the banking system and the principles of national legislation, as well as proposals for banking legislation, were developed. These proposals are used in scientific activities, lawmaking, law enforcement, interpretation of banking legislation, and improvement of national legislation. The goal of commercial banks is to make a profit, and for this purpose they lend and finance production and services. "

Principles of judicial policy in the system of judicial and legal relations

Judicial policy plays a critical role in the formation and development of the judicial system in modern society. It provides a strategic framework on which decisions are made on the organisation of the judicial system, setting priorities in its work, reforming procedures and ensuring legal protection of citizens. The judicial policy covers a wide range of aspects, from the development of legislation to the administration of justice in practice. In this context, it is important to consider the principles of judicial policy that underpin the judiciary and determine their role in shaping the judicial system of Ukraine. In today’s context, when Ukraine is facing the task of reforming its legal system and ensuring the rule of law, as well as taking into account the growing challenges and needs of society, understanding the principles of judicial policy becomes a priority task to ensure justice, legal order and harmony in society. The analysis of judicial policy principles will contribute to the effective functioning of the judicial system, ensure the independence and objectivity of the courts, and protect the rights and freedoms of citizens. Such a study will not only contribute to further improvement of the judicial system, but will also help to ensure that its activities comply with international standards and requirements. The relevance of the chosen topic for scientific research is manifested in the need for a systematic analysis of the principles of judicial policy as a phenomenon and instrument by which the judicial system of Ukraine should function and evolve. This article is one of the first attempts to make a comprehensive study of the theoretical and practical aspects of the principles of judicial policy and to determine their role in judicial and legal relations. The article examines certain aspects of systematisation of judicial policy principles as the basis for the functioning of the judicial system. The author reveals the theoretical foundations, content and nature of these principles in terms of their impact on the activities of judicial bodies. The author analyses the regulatory and legal framework of the judicial policy principles in national legislation and international documents. The author emphasises the importance of the judicial policy principles’ influence on the formation of the judicial system of Ukraine and identifies the main trends in their application in the context of modern challenges.

Tax system or a collection of random regulations?

The tax system is the total amount of taxes that occur in a given country at a given time. It should be built in accordancewith tax principles and the principles of proper legislation, reconciling the functions of taxes with theinterests of taxpayers. When building an optimal tax system, the legislator should take into account at least thebasic tax principles: tax neutrality, tax certainty, efficiency, mitigation of the tax burden, protection of sources oftaxation, and cheapness of assessment and collection. Tax law, due to its specificity and interference with theright of ownership, should be understandable to its addressees. The principle of statutory regulation of publiclevies should limit the frequency of changes, but this is not the case. In Poland, despite the postulates, we stillhave a set of random regulations instead of a tax system.

Fraudulent act: essence and legal regulation

The article examines current issues of science and practice regarding the definition of the essence, signs and legal regulation of a fraudulent transaction as one of the types of contracts in civil law. The importance of the category of “deeds” for civil law is emphasized. Modern scientific positions on understanding the essence of the “fraudulent act” categories are defined and analyzed. The author's vision of the understanding of the above-mentioned category is proposed, under which, in a general sense, a transaction is defined where the debtor (as one of the parties) performs dishonest actions in order to avoid fulfilling his or her obligation to the creditor. The necessity of forming a unified approach to defining the essence of the category of fraudulent transaction is emphasized. The principles of civil legislation, which are violated as a result of the conclusion of a fraudulent transaction, and the court practice on this issue are defined. The essence of the violation of the principle of good faith when concluding a fraudulent transaction is clarified. The need to make appropriate changes to the current civil legislation of Ukraine in order to standardize judicial practice and eliminate existing legislative gaps is emphasized. The judicial practice is analyzed and a review of court decisions regarding the fraudulent transaction and its essential conditions is carried out. It has been established that private law instruments should not be used by participants in civil transactions to avoid paying a debt (money, damages, damage) or to execute a court decision on debt collection (money, damages, damage) that has entered into force. The article notes that a fraudulent contract can be both paid and unpaid. A paid fraudulent contract has its own specifics and features that distinguish it from another fraudulent contract (for example, a free one). The right to evil is singled out as a sign of a committed fraudulent act. Further prospective directions of scientific research on certain issues of fraudulent transactions have been established.

CONSTITUTION AND REGULATION OF LABOR RELATIONS: THEORETICAL AND PRACTICAL ASPECTS

The article analyzes the role and place of the Constitution of the Russian Federation and its principles in regulating relations related to the use of wage labor and constituting the subject of labor law, as well as issues of practical application of international and sectoral principles of law in the eld of labor. The issues related to the consolidation and development of constitutional principles in the labor legislation of the Russian Federation are analyzed. First of all, these are the basic principles of legal regulation of labor relations and other directly related relations, enshrined in Article 2 of the Labor Code of the Russian Federation. It is clari ed that the principles are not “slogans” and purely theoretical constructions - they should be actively used at the stages of rulemaking and law enforcement. This provision is illustrated by the judicial practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The problem of the correlation of such important categories as politics, economics and law is touched upon, the need for an optimal ratio of their inherent mechanisms in all spheres is emphasized.

ANALISIS SEJARAH DAN PERKEMBANGAN TEORI UTILITARIANISME TERHADAP HUKUM INDONESIA

There are several schools of legal thought in philosophy, including the Natural Law School, the Positive Law School, the Utilitarian Law School, the Historical School, and others. All schools of law have their own concepts as a basis for making laws. In its actualization, these various legal schools exist in the lives of many people, both the international community and Indonesian society. Utilitarianism places benefit as the goal of law. What is meant by usefulness is happiness. Whether a law is good or not really depends on whether the law makes humanity happy or not. This Utilitarian school was pioneered by Jeremy Bentham (1748 – 1832), a philosopher, jurist economist and legal reformer. Bentham was able to weave the "thread" of the principle of utility into a broad ethical and legal doctrine known as utilitarianism. A law can only be recognized as law if it provides the greatest benefit to the greatest number of people. This principle was put forward by Bentham in his work Introduction to the Principles of Morals and Legislation (1789), which stated that law aims at "the greatest happiness for the greatest number". Lawmakers in drafting laws must involve looking for ways to realize "good". Lawmakers must take into account the fact that the actions they wish to prevent are “bad” or “criminal.”

Protection of Personal Information of Workers under Algorithmic Monitoring

In the digital era, with the rapid development of big data and algorithmic monitoring technology, the protection of personal information of workers has become an increasingly prominent issue. While enterprises pursue efficient management and business development, they must balance the reasonable use and protection of workers personal information. Starting from the scenario of enterprises conducting algorithmic monitoring on workers, this paper describes the current situation and development, as well as the personal information protection risks that workers may face. It proposes relevant opinions and analysis based on judicial practice and, finally, through discussing legislative principles, presents suggestions for the protection of workers personal information under algorithmic monitoring. This paper hopes to contribute to the construction of a more fair, transparent, and privacy-respecting work environment and to create a safe and dignified workplace ecology for all workers.