Legislative Basis Research Articles

Development Trends of Modern Legislation of Ukraine

The development of modern society is impossible without the formation of a solid normative basis for its functioning. The right that corresponds to the level of development of the social system is able to reflect, consolidate and balance various public interests; designed to implement constitutional requirements regarding the definition of human rights and freedoms as the highest social value, is a real tool for social transformations and democratic reforms. The constitutional declaration of Ukraine as a legal social state significantly increases the importance of law, the implementation of which is directly related to the creation of a non-permanent, hierarchically subordinated system of norms covered by the concept of legislation. His scientific analysis, substantiation of ways to improve efficiency and improvement is directly related to the quality of the legal system and legal life of society, and therefore has a significant degree of scientific and practical relevance. The purpose of the article is to find out the trends in the development of modern legislation of Ukraine in terms of improving its theoretical and legal vision and ways of practical reform. Having analyzed the existing approaches to the concept of legislation, we will determine certain trends in its development. Of course, it is quite problematic to find out all of them in this publication, so let’s pay attention to those that are the least researched. We are talking about such trends as a real increase in the significance and role of a person in legislation, an increase in the social basis of legislation; implementation of the principle of the rule of law, establishment of the legal nature of the decisions of the Constitutional Court of Ukraine and their place in the legal system, overcoming the contradictions of legal prescriptions and legal conflicts, the possibility of referring law enforcement acts to the legal system. The development of the legal sphere of modern society is connected with the necessity of a real increase in the significance and role of a person. This trend is also characteristic of the development of legislation and implies the urgency of implementing an anthropological and communicative perception of it. An important aspect of improving legislation is its characterization as an element of broader phenomena and processes, the basis of which is society. Hence, the characteristic of the social basis of legislation is of great importance, due to its action within social relations and its importance for securing, guaranteeing and protecting human rights and freedoms. Socially oriented legislation is gaining decisive importance in establishing basic social values, partnership relations between the state and society, and ensuring social compromise. An important trend in the development of legislation is the implementation of the principle of the rule of law, which is manifested in its ability to ensure the compliance of law-making, legal interpretation and law enforcement with the requirements of the law, the focus on the establishment of the state as a legal one. One of the important tasks of modern legal science, which has both scientific and practical significance, is ensuring the integrity of the legal system as a necessary component of the normative basis of the legal system. This is connected with the need to identify such an important area of improvement of the legislation as overcoming the contradictions of legal prescriptions and legal conflicts. One of the important trends in the development of legislation is the possibility of assigning acts of law enforcement to the system of legislation. This can be justified as follows. Since we have defined legislation as a system of normative acts, we must focus on their characteristic features. Among them, it is possible to focus attention on acceptance by the competent authorities of the state, documentary form, availability of a certain status and guarantee from the state, official nature, binding force, possibility of appeal or protest by interested persons. An important trend in the development of modern legislation is the provision of normative regulation in the conditions of martial law. In this aspect, it is extremely important to clarify the ratio of general sources of law, which unite acts that ensure the regulation of social relations under any conditions of the life of society and special acts that establish a temporary legal basis for the activities of legal subjects during the period of military state and liquidation of the consequences of the invasion of the Russian Federation on the territory of Ukraine. Key words: law-making, legislation, regulatory act, theory of law, anthropology, rule of law, law enforcement act, legal conflicts, law enforcement, martial law, legal means, legal regulation.

Legal Aspects of Virtual Assets Regulation in Ukraine

Abstract Virtual assets are a concept that has made its way into the modern financial and legal lexicon in recent years. Markets are formed around them, transactions are conducted with them, they are the object of increased interest in the field of investment activities. The need for legal regulation of new types of social relations transiting to the virtual plane stimulates lawmakers to take active measures concerning the formation of a legislative basis in this area. This study intends to consider the challenges facing the Ukrainian legislator in the light of the adoption of this law based on existing foreign practices. The study suggests that such obstacles now include not only terminological differences, but also issues of legal qualification of illegal actions with cryptoassets, issues of theoretical and legal understanding of the new legal relations.

Peculiarities of Attracting Private Investments in the Area of the NWO on the Basis of Public-Private Partnership Legislation

In October 2022, four new subjects of the federation joined the Russian Federation: the DPR, LPR, Zaporozhye and Kherson regions (hereinafter referred to as the «new» regions). In addition to the main task of the complete liberation of these territories, the problem of restoring the civilian and industrial infrastructure destroyed as a result of hostilities in these regions is extremely urgent and acute. This article discusses the task of organizing a large volume of construction and restoration work in the new regions. Partially, this problem can be solved by attracting private investment. However, attracting private business is extremely problematic due to legislative and administrative barriers. The article proposes an innovative scheme for attracting private investment for repair and restoration work based on the use of the mechanism of public-private partnership (hereinafter referred to as PPP). As part of the implementation of this scheme, some kind of cooperation between the regions is expected — between a specific new region and the regions that perform construction and restoration work. The legislative basis for the proposed scheme of interregional cooperation is the Law on PPP 224-FZ. The proposed scheme assumes the presence of two public partners: the new region and the region-executor of repair and construction works and their joint competition. The organizational form for the implementation of projects in the PPP format is proposed "with an availability fee" or with fixed payments. Within the framework of this article, it is shown that it is possible to attract private investment to carry out repair and restoration work in the NWO area on the basis of the current legislation (Law 224-FZ) on PPP. At the same time, within the framework of the current legislation on PPP, it is possible to activate SMEs and their resources to carry out repair and construction work on the territory of the DPR, LPR, Zaporozhye and Kherson regions. The article gives recommendations to the formed teams of workers of small and medium-sized construction businesses on how to take part in these works. The necessary scientific substantiation and practical recommendations on this issue are presented in previously published works.

Simplified forms of trial proceeding of administrative cases in the legislation of European countries

The article is devoted to the analysis of the experience of the countries of the European Union for the implementation of differentiation of the procedural form of consideration and resolution of public-legal disputes by simplifying it - withdrawal of unnecessary, complicated, and ineffective elements. The study of this issue is conditioned by the activation of European integration processes in Ukraine, which requires taking into account the achievements of European countries in administrative litigation to improve the legislative basis of the functioning of administrative courts in Ukraine.
 It has been established that the introduction, along with the general procedure of judicial proceedings, that is, ordinary, simplified proceedings, is a trend long supported by the countries of the European region, which is aimed at increasing the effectiveness of the implementation of the right to access to justice and a fair trial, which was repeatedly emphasized by the Committee of Ministers of the Council of Europe in its Recommendations to member states.
 The legislation of European states (Germany, Georgia, Lithuania, Latvia, Poland, Austria, Estonia) was studied, which regulates the administrative court’s procedural activity to simplify the consideration and resolution of cases. The main criteria and reasons for applying simplified court proceedings and resolving public-legal disputes were considered. It was clarified: who has the right to initiate a case in a simplified manner, whether the participants’ opinion is taken into account, and what are the powers of the court when deciding this issue. Similar features were identified in the studied foreign legislation on simplifying administrative litigation.
 A comparative analysis of the European legislation with the provisions of the Ukrainian administrative-procedural legislation was carried out, and the provisions that would be appropriate to be introduced into the national legislation in order to improve the simplified legal proceedings and increase the level of effectiveness of judicial protection of individual rights in the field of public-legal relations were highlighted.
 It was concluded that simplified procedures for the trial investigation of administrative cases take an important place in the legislation of the countries of the European Union, which indicates the importance of procedures for optimizing the judicial process.

Mechanisms of mandatory vaccination: problems and solutions

The problems of introducing mandatory vaccination against various infections exist both in foreign countries and in Russia. The World is searching for optimal legal incentives for the activity of the population in the immunoprophylaxis of diseases to ensure public health and infectious safety of the population.
 The purpose of the study. To assess the implementation of mechanisms for the introduction of mandatory vaccination in foreign countries and Russia, to identify problems and ways to solve them. 
 Materials and methods: Normative legal acts, scientific literature, court decisions. The study used dialectical and logical methods, which created the basis for a comprehensive study of the optimal mechanisms of vaccination. There was applied the system-structural method allowed investigating the problem of non-vaccination in its relationship with the constitutional guarantee of public health protection in the Russian Federation, the comparative legal method that allowed analyzing regulations in different countries of the world.
 Results. There are analyzed modern legal mechanisms of mandatory vaccination in foreign countries and in Russia. The existing threats of non-vaccination for public health are identified. The main forms of legal responsibility for non-compliance with vaccination requirements by Russian citizens are established.
 Limitations. The implementation of the vaccination process in the Russian Federation is carried out on the basis of federal legislation, which ensures the legality, unity of the requirements of its management throughout the country and reliability of the study.
 Conclusion. The preservation of public health is a constitutional duty of public authorities, therefore, in the conditions of epidemics and pandemics. It is possible to establish mandatory vaccination and restrictions on the rights of citizens, which must be justified and temporary.

Theoretical and practical justification of the limitations of the constitutional rights and freedoms of a man and citizen in the conditions of marital law in Ukraine

The author reveals the theoretical and practical aspects of the introduction of restrictions on the rights and freedoms of a man and a citizen in Ukraine, provided by the Constitution of Ukraine, in the conditions of war, highlights the theoretical issue of the need to introduce such restrictions, analyzes the purpose of their introduction and substantiates the objective necessity and adequate proportionality of the measures taken by the state for restoration of normal life activities of the state and society. At the same time, the author analyzed the practical legislative basis for the introduction by the national authorities of a number of restrictions on constitutional rights and freedoms under martial law. The problem of reactivity and spontaneity of changes in legal regulation is highlighted and attention is focused on the exceptional importance of careful and high-quality provision of the rights and freedoms of every person and every citizen, even in special conditions for the state. The legal definition of martial law, as well as the judicial practice of the European Court of Human Rights regarding the principle of proportionality, are analyzed in the paradigm of the topic of this study.

Legislative and organizational provision of continuity of professional training of future Physical Education teachers

The article analyzes the legislative basis for the introduction of levels of education in Ukraine, the adoption of organizational measures to implement the concept of level education, as well as the requirements for educational levels and degrees as elements of the concept of continuous professional education. Special attention is paid to the expediency of the sequence of the continuous educational process, starting from the stage of preliminary education and ending with the master's degree, in relation to the traditions and innovations of the world educational practice. The features of professional pre-higher education, opportunities for its students, advantages of implementation and development in the context of continuous education declared in Ukraine are analyzed in detail. At the same time, some shortcomings are emphasized: in particular, the lack of a legally established definition of the category of vocational pre-higher education. The advantages and problems of the training of junior bachelors are highlighted separately, the relationship between the content of their training and the content of the training of junior specialists and bachelors is revealed. The debatable opinion of specialists regarding the expediency of introducing the junior bachelor's training level is reflected. The main focus of the article is on the phasing of the training of future teachers of Physical Education - from the professional junior bachelor's level to the master's level - in the aspect of continuous education in accordance with the normative documents in force in Ukraine - the standard of the new generation teacher, the standard of professional preliminary education, the standards of professional training, as well as in accordance with educational programs and the National Qualifications Framework. The volume of ECTS credits for educational-professional and educational-scientific programs for the training of Physical Education teachers is shown. Attention is focused on the content of dual education in the Physical Culture teacher training system. Directions for further research are outlined: in particular, the need for a comparative analysis of all aspects of educational programs for training Physical Culture teachers in various higher education institutions is noted.

ПРИНЦИПЫ ИНВЕСТИЦИОННОЙ ПРИВЛЕКАТЕЛЬНОСТИ ТЕРРИТОРИЙ ИНДУСТРИАЛЬНОГО НАСЛЕДИЯ САХАРНЫХ ЗАВОДОВ СЕРЕДИНЫ XIX – НАЧАЛА XX В.В.

Industrial heritage objects reflect the history of the nation, the peculiarities of its thinking, and also have great potential in the context of the sustainable development of small towns and villages in which they are located. Sugar factories of the Central Black Earth region are historically city-forming enterprises. However, at the moment, industrial territories that do not perform a city-forming function, on the one hand, and an acquired socio-cultural function as a significant cultural heritage, on the other hand, have degraded and are partially in a ruined state. The study considers the factors affecting the investment attractiveness of industrial heritage objects of sugar factories: restrictions on the creation of a new function, location in small towns and rural settlements, low transport accessibility, the problem of property rights, the unsatisfactory state of the territory and objects of industrial heritage, imperfection of the legislative base in the field of cultural heritage preservation, lack of tourist and recreational attractiveness. The features in the legal documentation that negatively affect the investment attractiveness of the object of cultural heritage are revealed. The principles of investment attractiveness based on the resolution of urban conflicts are proposed, which are recommended when adapting the industrial heritage of sugar factories of XIX – early XX centuries It is assumed that the application of the developed principles for the territories of the industrial heritage of sugar factories will increase their level of attractiveness for the investor (public/private).

Legislative basis for regulating the competence of the head of the enterprise

Legislative basis for regulating the competence of the head of the enterprise

Public Policy as A Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards: New York Convention, UNCITRAL Model Law and Afghanistan Arbitration Law Perspectives

This article aims to examine the grounds for refusing the recognition and enforcement of foreign arbitral awards based on public policy considerations. It analyzes this issue from the perspectives of three different sources of law: the New York Convention, the UNCITRAL Model Law, and the Afghanistan Commercial Arbitration Law. It discusses the limited scope of the public policy exception under the Convention and the level of discretion given to national courts in applying this ground for refusal. Next, the article explores the UNCITRAL Model Law, which serves as a basis for legislation in many jurisdictions and is often incorporated into domestic arbitration laws. It examines the approach taken by the Model Law towards the public policy exception and compares it to the New York Convention. Finally, the article looks at the perspective of Afghanistan's Commercial Arbitration Law. It analyzes the specific provisions in this law that deal with the recognition and enforcement of foreign arbitral awards based on public policy grounds. Through this analysis, the article aims to provide a comprehensive understanding of how public policy considerations can impact the recognition and enforcement of foreign arbitral awards under different legal frameworks.

Limitation of the constitutional right to hold public events under the regime of response levels

In this study, the authors examined the possibility of limiting the constitutional right to hold public events in view of the response levels regime from a factual and legal point of view. The possibility of restricting the right to public events under martial law and the response level regime derived from it in the context of compliance with the norms of the Constitution of the Russian Federation is assessed. Established the grounds on which the restriction of the right in question may be recognized admissible. The legal possibility of restricting the right to public events is characterized. The conclusion is made about the presence of actual grounds for the use of restrictive measures in respect of freedom of public events in the conditions of the average level of response and in the absence of legislative basis for this.

Законодательные основы создания и развития агломераций в Кемеровской области – Кузбассе

The article describes the legal foundations behind the development of agglomerations in Kuzbass based on the local law and the best practices in other regions. A balanced socio-economic and ecological development of agglomerations depends on the legal status of agglomeration and the legal actions necessary to obtain this status. An effective management of agglomeration processes requires special management bodies. The Kemerovo Region is relatively new to agglomeration development. The success of agglomeration processes largely depends on the quality of the regional regulatory laws since no proper legal regulation exists at the federal level. According to the regional Law on the Development of Agglomerations in the Kemerovo Region, urban agglomerations are a new type of special territorial units with special management goals and objectives. The best practice analysis resulted in a number of proposals aimed at improving the legal regulation of agglomeration processes in the Kemerovo Region. The regional law needs strategies and concepts of urban development, inter-municipal cooperation agreements, and a Coordinating Council to unify documentation on territorial planning and urban zoning.

The Need for Occupational Therapist Eligibility for Formal Administrative Roles in Public School Systems.

In 45 of 50 states, occupational therapists are not eligible to pursue formal administrative positions in public school systems (e.g., director of transition services, special education director) on the basis of state-level legislation and credentialing. Most state boards of education, however, recognize other related service providers (e.g., speech-language pathologists, social workers) as credentialed educators. Most states require education credentials to pursue further administrative credentials and, thus, administrative positions. Occupational therapists and other stakeholders lack awareness of this issue. In this column, I summarize the issue; identify occupational therapists' qualifications for eligibility to pursue these positions; and provide solutions, primarily at the state level, to effect change so occupational therapists can be recognized as equals to their related service provider peers and use their unique skill set to influence public school communities as administrators.

Financial autonomy of local self-government in Croatia

The paper examines the notion and determinants of financial autonomy of local self-government in Croatia. The right to local and regional self-government as well as the competencies of local government units have been granted by the Constitution. Accordingly, the local government units are entitled to their own revenue, which they freely dispose of in performing their activities. However, financial autonomy is not clearly stated or defined, either at the constitutional level or at the statutory level. The primary source of local units’ revenues are taxes, followed by aid, ‘own source’, and earmarked revenues. The special emphasis of the paper is on ‘local’ taxes and the role of local government units in the formal aspects of financial autonomy, i.e. designing the local taxes’ notions and features. The paper also contains research on other local government units’ revenues, their legislative basis and normative design, and their role in local financial autonomy. Following the setting of the normative framework, the paper goes on to investigate the substantive aspect of fiscal autonomy, i.e. the fiscal role of local government taxes and other local revenue. The conclusions of the paper sum up the findings of the research and provide recommendations with the aim of making the system more sustainable in designing and achieving the financial autonomy of local government units in Croatia.

Statute of Limitation on Civil Actionfor Child Sexual Abuse in the United States

In the case of sexual infringement against a minor, even if the victim muster up the courage to face the memory of past sexual violence and try to heal the wounds through legal remedies after becoming an adult, the civil statute of limitations has expired since the sexual infringement occurred long time ago. There is a problem of not being able to file a lawsuit due to the statute of limitation. In particular, in the case of sexual infringement against minors, in many cases, the perpetrator is a family member, teacher, religious person, etc. The victim, a minor, is economically and emotionally dependent on the perpetrator, so they do not easily think of filing civil lawsuits even as adults. Fortunately, South Korea established Article 766, Paragraph 3 of the Civil Act in 2020, and legislative improvements have been made so that the statute of limitations does not proceed until a minor becomes an adult in the case of sexual infringement. However, despite these good intentions, there are still limits to the relief, so this article will examine the US system. First of all, in the United States, state and federal laws operate different statute of limitations, and since the 1980s, the discovery rule has been applied so that victims can file lawsuits even after a considerable amount of time has elapsed after they become adults. For example, if the victim of a sexual assault is a minor and the victim has not yet discovered the injury after reaching adulthood, from the time he or she discovers the injury and the causal relationship between the injury and the sexual assault Legislative examples such as the requirement to file a claim for damages within four years reflect the discovery principle. However, despite these laws, there are many cases where the requirements are not met, and the relief of victims has not been smoothly carried out. Thus, California and New York State further extended the statute of limitations, and furthermore, through window legislation, even if the statute of limitations had expired, a period of one or two years was allowed to file a civil lawsuit. This legislation provides an opportunity to sue the victims of Jeffrey Epstein's decades of sexual exploitation of minors. The United States Supreme Court has ruled that the Windows Act is not unconstitutional. While retroactive legislation is “an identifiable injustice”, civil actions based on sexual abuse of minors are rather reasonable in light of the injustice done to the victims. Under these retroactive legislation, some religious organizations are actively raising their own funds for the relief of victims, and are paying settlements on the condition that they do not file a lawsuit against the religious organizations. The basis for such retroactive legislation is that if society has previously borne the cost of damages incurred to the victim, the perpetrator must bear the cost.

MODERN TOOLS OF DIRECT DEMOCRACY IN THE US PUBLIC LIFE

Nowadays, in the era of multiple digital platforms for decision-making, the public and governmental interest towards direct democracy instruments is constantly growing. The goal of this article is to determine the spheres of social life where direct democracy is most effective. The study will contain the analysis of existing societies where direct democracy is already implemented, the US society in particular. The definition of the modern direct democracy instruments will be given, as well as the legislative base of such instruments in various states of the USA and the criteria for analyzing all precedents of direct democracy in the USA in 2011-2020, taking into consideration their legal status in different states. The conclusion of this article is the percentage ratio of direct democracy precedents in the USA in different spheres of social life.

Review of the current state of territorial nature protection in Siberia and Mongolia

The large-area intracontinental territory discussed in the article has similarities of physical-geographical and socio-demographic parameters, as well as the attitude to them as «resource colonies». The Siberian and Mongolian parts differ significantly politically, which affects the institutional and managerial characteristics and the formation of territorial nature protection, which is implemented in the activities of specially protected natural areas. The analysis of the existing systems of protected areas of Siberia and Mongolia, their structure, legislative bases is given. Maps of protected areas have been compiled, demonstrating their distribution in Mongolia and Siberia, based on statistical data as of 2021, previously published author's thematic atlases and field studies for the period 1999-2022. An aspect that brings the systems closer together is shown – the presence and planning of interstate transboundary protected natural territories. The conclusion is made about the existing more effective system of Mongolian protected areas.

Prospects of provision of radiation safety from natural sources of ionizing exposure on the new territories of the Russian Federation

This study is aimed at the analysis of perspectives of provision of radiation safety from natural sources of ionizing exposure on the territories included into the Russian Federation in 2022. The study contains comparison of the requirements of legislative acts and regulations on the radiation safety that were active in 4 new subjects of the Russian Federation (Donetsk and Lugansk republics, Zaporozhye and Kherson regions) on the time of their integration with their Russian equivalents. The results indicate the lack of harmonization between acting radiation safety sanitary acts of the Russian Federation and the Ukraine with recommendations of the international organizations. The study contains results of the surveys on the exposure of the public of the Donbass republics and Zoporozhye region by natural sources of ionizing exposure, analysis of the perspectives of the provision of radiation safety of the public of these regions and the Kherson region. Additionally the study includes the evaluation of the existing legislative base on the protection from natural sources of ionizing exposure in the Russian Federation and perspectives of harmonization with the recommendations of international organizations.

UY QAMOGʻI TARZIDAGI EHTIYOT CHORASI TANLANGAN SHAXSGA NISBATAN OʻRNATILISHI MUMKIN BOʻLGAN TAQIQ (CHEKLOV)LARNING ILMIY-NAZARIY JIHATLARI

According to the criminal procedural law, house arrest should be taken into account when there are grounds for choosing a preventive measure in the form of detention against a suspect, accused, or defendant, taking into account his age, state of health, family situation, and other circumstances. applied in cases of non-conformity, and certain prohibitions (restrictions) provided for by the law are established against the person. In this article, the concept of prohibitions (restrictions) that can be imposed by the author on a person selected as a criminal-procedural precaution, their types, application procedure, and scientific-theoretical aspects of their content are presented by foreign experts and local It is covered in detail through a comparative analysis of researchers’ opinions. Moreover, in the article, on the basis of foreign and national legislation and legal norms, the prohibitions (restrictions) applied to the person who was placed under house arrest, which arose in the practice of law enforcement and caused controversy among practicing lawyers possible problems are discussed, and conclusions and suggestions for their elimination are given.

Legal support of the organization of the movement of unmanned trains on the railways of the Russian Federation

This article discusses the legal support of unmanned trains on the railways of the Russian Federation. The technical equipment of trains with the maximum level of automation, the principle of organization and control of the movement of such trains, the role of drivers in driving the train are presented. The chronology of the development of automated trains in Russia is clearly shown. The levels of automation are given. Difficulties in testing and using unmanned trains are highlighted.The legislative base of unmanned trains in Russia is analyzed, the “gaps” in legal regulation are shown. The possible problems that may arise in the future when unmanned trains are put into operation are highlighted.For comparison, the legal aspect of the organization of self-driving cars is considered, it is reflected how much they are ahead of automated railway transport in regulating their operation.The prospects of development and the reasons for the need for unmanned trains on railways are described.In the current geopolitical situation, the digitalization of the transport and logistics complex is one of the main drivers of its development. The introduction of unmanned technologies plays an important role in the formation of technological sovereignty within Industry 4.0, and also acts as a significant competitive advantage in the development of the industry. Unmanned vehicles are the future of both the railway and other modes of transport.