Legislative Consolidation Research Articles

Budgetary instruments of public finance management

In the context of global changes, Russia faces the challenges of not only countering the economic sanctions of the West, but also fulfilling its obligations to implement the Sustainable Development Goals, legislated in 2018. The purpose of the study is to critically examine the content of budget instruments, and their role in modern conditions, problems of functioning and areas of improvement. The key instrument of state financial policy is the federal budget, the resource capabilities of which make it possible to finance national projects, measures to implement the Messages of the President of the Russian Federation, 42 government initiatives. The conclusions are based on the analysis of open data of the Ministry of Finance of the Russian Federation. The study substantiates the need to transform the institute of state programs and related tax expenditures and budget expenditure reviews. It is revealed that they provide objective evidence of managerial decision-making in the field of public finance. Their further improvement is connected with the expansion of the tax independence of the sub-federal government, as well as the consolidation in the budget legislation of provisions on the formation of tax expenditures and conducting reviews of budget expenditures. The results of the study can be used by legislative and executive authorities in developing proposals for improving budget legislation, the implementation of which will contribute to the selection of relevant areas of financing, effective use of budget funds, and increased transparency of budget information.

Appeals of decisions, actions or inaction of authorities regarding the provision of electronic services in the field of migration and citizenship in the administrative court

The scientific article is devoted to the coverage of the court procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship. It has been established that an administrative appeal, despite the optionality, is an important step in the provision of public services in the field of migration and citizenship. On the one hand, the appeal is intended to identify and eliminate shortcomings in the practical procedural activities of public authorities in the field of migration; on the other hand, contributes to the improvement of the procedural model of resolving individual cases in the research area, identifying its defects and weaknesses.
 Emphasis is placed, the legislative consolidation of the possibility of appeal in court and administratively requires two forms of appeal - administrative-procedural and administrative-procedural, which together create a guarantee tool to protect the rights of individuals to citizenship and freedom of movement and free choice of residence.
 Given the importance of protecting the rights and freedoms of individuals as a party to public relations in the study area, the possibility of appealing against decisions, actions or omissions of public authorities in this area should be recognized as an important guarantee of preservation and restoration of individual rights. In these examples, the judiciary has performed this protective function; to strengthen this trend, it would be rational to use the tool of an exemplary administrative case, which has become one of the most anticipated novelties in the reform of administrative justice. According to Part 22 of Art. 4 CAS of Ukraine an exemplary case is a typical administrative case accepted for proceedings by the Supreme Court as a court of first instance to issue a model decision; in other words, with the help of an exemplary case, an effective procedural mechanism of consideration of cases similar in scope and specifics of legal relations in which the conflict arose, composition of the parties and legal norms by which they are regulated, following the example of the Supreme Court decision in one such case, that is, in an exemplary case.

System of legal remedies for ensuring information security

The article is devoted to highlighting the current problem of information law, the issue of the system of legal means of ensuring information security. The means of ensuring information security are considered - legal, organizational and technical. The main theoretical provisions regarding legal, organizational and technical means in the context of information security are highlighted; the problems in the researched field are assessed. The legal nature of general legal means of ensuring information security is based on: legislative consolidation of the conceptual apparatus regarding information security; formation of the system of legal support of information security. Information security in the specified aspect is considered as an object of legal protection, regarding the protection of legal rights and interests of the person, society and the state from destructive informational influence and protection of information from illegal transformations. Among the means of ensuring information security, the following are highlighted: forms or methods of recording information; official electronic publication, in particular publication, use of distributed ledger systems, in particular block chain technologies; conducting checks of information in the context of information security; presumption of information security regarding information security. This allows us to specify the directions of legal regulation in the field of information security. One of the legal means of ensuring information security is legal liability, which is provided for by criminal, administrative, civil law, and labor legislation. It is indicated that legal techniques are used to ensure information security: establishment of the right to reliable information; approval of a mandatory form or method of recording information as a means of ensuring information security; implementation of public recognition; monitoring and verification of information in the context of information security; application of the presumption of information protection regarding information security; establishment of legal responsibility.

The concept of "law enforcement agencies" at the present stage

The article is devoted to the concept of "law enforcement agencies" at the present stage of statehood development. The scientific and legal community still cannot decide on this definition, as this legal unit has not received legislative consolidation. The materials of the article can be useful in the scientific study of this issue, as well as in the educational process within the framework of legal areas of training.

Legislative consolidation of copyright on Ukrainian lands within the austrian (Austro-Hungarian) empire

The article analyzes the genesis of the normative consolidation of copyright law in the Ukrainian lands of the Austrian (Austro-Hungarian) empire. The thesis is substantiated that the formation of copyright law, as a legal institution in the western Ukrainian lands, followed a peculiar way. It has been formed under the influence of the main European concepts of the legal protection of copyright law and the legislative norms of the Austrian state. It has been established that the preconditions for the origins of copyright law in Europe were the origin of printing, the commercialization of publishing, and the professionalization of literary activity. It has been discovered that the legislation of copyright law in the Austrian state was formed much later than in the leading European countries. Primarily, there has existed as part of censorship legislation. Only in the middle of the 19th century, separate copyright law has been adopted. It has been detected that the right of literary property arose first, and later the same legal principles were used to protect the works of composers and artists. The thesis is proved the spread of the proprietary concept of copyright in Austrian law. It has been suggested that until the beginning of the 20th century, copyright law has been already understood as the exclusive right of the author to publish, reproduce, distribute and translate the work. However, Austrian legislation did not distinguish the personal non-property rights of authors.
 It has been stated that all general approaches to the legislative consolidation of copyright law in the Austrian state were also extended under control to Ukrainian lands. It has been suggested that Austria, compared to other states that enslaved Ukrainian lands, created the most favorable conditions for the preservation of Ukrainian identity: Ukrainian-language books were published, the equality of languages was proclaimed, and official collections of state regulations were translated into Ukrainian. Finally, it allowed Ukrainians to realize the necessity for legal protection of intellectual property rights.

Evolution of Educational Migration Development and Current State of Administrative and Legal Regime of Educational Migration in the Russian Federation

The analysis of strategic planning acts in the socio-economic, demographic, migration sphere, in the sphere of ensuring national security, regional socio-economic development allows us to determine three strategic goals of the state management impact on migration processes: their socio-economic goal, the goal of ensuring national security and spatial settlement goal. Achieving these goals is possible through strategic management of migration flows using the system of migration legal regimes. Based on the migration regime approach to strategic management of the implementation of the state migration policy of Russia in the field of educational migration, the paper substantiates the concepts and content of the migration flow of educational migration, which consists of educational, pedagogical and scientific immigration of foreign citizens and stateless persons. The paper analyzes the evolution of the administrative and legal regulation of educational migration in the Russian Federation. It is recognized that the formation of the administrative and legal regulation commenced after the adoption of the Federal Law «On the Legal Status of Foreign Citizens in the Russian Federation» and it concerned only educational migration. The author proposers the ways of improving an administrative and legal regulation of this migration flow through legislative consolidation of migration elements and legal regime of educational immigration of foreign citizens and the migration and legal regime of pedagogical and scientific immigration of foreign citizens in the Russian Federation. Proposals define the purpose, principles, tasks, priorities, rules, procedures and guarantees of regime regulation of migration law relationships. The approach described in the paper aims at the development of administrative and legal regulation of educational migration. It consists of educational immigration of foreign citizens and stateless persons and scientific (pedagogical) immigration of foreign citizens and stateless persons. This approach through the formation of regime legal regulation of this migration flow will effectively implement strategic management of the state migration policy in the area of territorial mobility of people.

Concept and types of crisis situations in institutions of the penitentiary system

This article is the result of a comprehensive study of the crisis situation, its concepts and types in relation to the penal system. The relevance of the article is due to the fact that the institutions of the penal enforcement system actively use a large amount of diverse conceptual apparatus associated with the introduction of a regime of special conditions in the event of natural, man-made or criminal situations, which significantly complicates the possibility of assessing the onset of negative consequences from their occurrence and the need to attract additional forces and funds of federal executive authorities. The purpose of the publication is to define the concept of crisis situations in relation to the penal system based on the analysis of the conceptual apparatus used in penitentiary institutions for the prevention and overcoming of crisis situations. The article uses such general scientific research methods as generalization, analysis and synthesis, concretization. As a result of the analysis of the legislative framework and the opinions of scientists, the main types of crisis situations of a criminal, natural or man-made nature have been identified. The author believes that the legislative consolidation of the concept of a crisis situation will improve the legislative framework and regulate issues of interaction between the Federal Penitentiary Service of Russia and other federal executive authorities in these situations.

ПРАВОВИЙ РЕЖИМ «ДІЯ СІТІ» У СФЕРІ ЦИФРОВОЇ ЕКОНОМІКИ

The scientific article is devoted to the peculiarities of the legislative consolidation and functioning of the legal regime of Diya City for technology companies. The article reveals the features of the concepts «legal regime», «special tax regime». It is revealed that there is no legal definition of the digital economy, despite such a necessity. Consequently, the author singles out the following characteristics of this concept: 1) the implementation of business activities in the global telecommunication networks; 2) e-commerce as a trading activity aimed at making a profit based on a complex automation of the commercial cycle through the global network; 3) various business models and means: electronic store; electronic reference book; electronic money; electronic payment systems; electronic auction; electronic shopping center; electronic dealers; virtual communities, etc.; 4) electronic data exchange (exchange of business data in a standardized format on a computer-computer basis between trading partners and other participants in relations in the field of the digital economy). The peculiarities of concluding a gig contract with performers as an alternative to labor relations with a Diya City resident are determined. The risks of applying this type of contract are given, in particular, the civil-law nature of such contracts, which puts the executors in a threatening position, does not allow such persons to be considered participants in labor relations, and removes them from the scope of regulation by the norms of labor legislation; significant risks of imbalance in labor relations; concluding a gig contract for an indefinite period carries the risk of an uncontrolled establishment of short-term labor relations and contradicts the recommendations of the ILO; part 5 of Art. 18 of the Law establishes discriminatory norms in relation to the persons working for a short period of time: «during the first three months of the gig contract, any party has the right to notify the other party of a unilateral rejection of the gig contract in a written (electronic) form not later than three calendar days before the scheduled termination date, if a longer notice period is not established by the gig contract»; potential violation of the employee's fundamental personal rights: «the resident of Diya City and his representatives can monitor the performance of work (providing services) by the gig specialist using monitoring tools, video surveillance tools in common areas and other means provided for by the gig contract.» However, the second paragraph partially eliminates such a risk, prohibiting the use of means of control in the event that it leads to interference in the personal and family life of the gig specialist.

ПРАВО ПОСТІЙНОГО КОРИСТУВАННЯ ЗЕМЕЛЬНИМИ ДІЛЯНКАМИ В УКРАЇНІ: ПРОБЛЕМИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ТА ПРАКТИКИ ЗАСТОСУВАННЯ

The right to permanent use of land plots in Ukraine is characterized as one of the main legal forms of land use. It is emphasized that the legislative consolidation of modern, market rights to land did not lead to a complete rejection of all Soviet forms of land use, including the right to permanent use of land plots. The genesis of legal regulation of the land plots use on the ground of the right to permanent use in the Ukrainian land legislation is clarified, on the basis of what a conclusion concerning the tendency to abolishment of the institution of the right to permanent land use in the current land legislation is made. The main advantages and disadvantages of the right to permanent use of land plots as a legal form of land use in Ukraine are determined. It is established that its advantages over other legal forms of land use such as perpetuity, free acquisition and some others, determine its long-term «survival» in the land legislation of Ukraine. It is emphasized that the most significant shortcoming of the right to permanent use of land plots is the inability of the disposal of land plots by the subjects of this right. The current Land Code of Ukraine significantly limited the scope of application and the range of subjects of the right to permanent use of land plots. At the same time, persons who had received this right earlier, but did not own it in accordance with the Land Code, had to reregistrate it to the right of ownership or to the right of lease. However, the Constitutional Court of Ukraine recognized this obligation as unconstitutional. Different types of land disputes that arise in the field of implementation of the right to permanent use of land are analyzed. The issue of the transfer of the right to permanent use of land plots in the order of legal succession is the most complicated hereby. It is emphasized that the right to permanent use of land plots should be transferred to legal successors in the process of their reorganization. It is defined that in practice there are numerous cases of abuse of the right to permanent use of land plots granted to state enterprises and research institutions. Most often, in such cases, the agreements on joint cultivation of land or on joint activity are concluded between permanent users and persons interested in the use of their land. The conclusion of such contracts is nothing more than attempts to circumvent the requirements of the law and a hidden lease. The conclusion of such contracts, the constant expansion of the range of subjects of the right of permanent use, the free transfer of land for permanent use indicate to serious problems in the field of application of the right to permanent use of land plots. The proposal to abolish the institution of the right to permanent use of land plots, replacing it with the right of operative management or economic management, is substantiated. The draft law on the abolition of the institute of the right of permanent land use is analyzed, its main content, positive and negative aspects are determined. It is concluded that replacing the right to permanent use of land plots with other land use titles will make it possible to use land more efficiently by economic entities, to solve other problems in the field of land use with the right to their permanent use.

ПРИНЦИПИ ДОБРОВІЛЬНОГО ОБ’ЄДНАННЯ ТЕРИТОРІАЛЬНИХ ГРОМАД В УКРАЇНІ

The article is devoted to the characteristics of the principles of voluntary association of territorial communities in Ukraine. The principles of voluntary association of territorial communities (OTG) in Ukraine, their essence, content and main tasks in the legal relations of formation and functioning of united communities and reorganization of local governments on the basis of their decentralization are studied. The features of the principles of voluntary association of territorial communities are proposed, which include: a) their constitutional and legislative consolidation, taking into account the rule of law; b) contain the basic ideas of the municipal government and are formed voluntarily; c) act independently with the support of the state and under their own responsibility; d) ensure the realization of the rights and freedoms and common interests of the inhabitants of a certain administrative-territorial unit. The principles of voluntary association of territorial communities are enshrined in the Constitution and laws of Ukraine, taking into account the rule of law, the main ideas of voluntary association of villagers, settlements, cities, designed to exercise municipal authority independently and through their representatives with the support state and ensure the rights and freedoms of the inhabitants of a particular administrative-territorial unit. In order to improve the legal regulation of the principles of voluntary association of territorial communities, we propose to amend the Law of Ukraine of February 5, 2015 "On voluntary association of territorial communities." The words "rule of law" should be preceded by the words "rule of law". As a result of Art. 2 item 1, item 1) should be formulated: "rule of law, constitutionality and legality", and item 7) «responsibility and ensuring human and civil rights and freedoms».

THE CONCEPT OF A CRIMINAL OFFENSE IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN: CURRENT STATE AND PROSPECTS OF DEVELOPMENT

The concept of «criminal offense» occupies an important place in the legislation of the Republic of Kazakhstan. The relevance and necessity of solving this issue is indicated in the Concept of Legal Policy of the Republic of Kazakhstan until 2030. At the same time, an analysis should be carried out from the practice of criminal proceedings in the countries of the world whose criminal legislation contains this legal category. In the Criminal Code of the Republic of Kazakhstan, there are definitions of «criminal misdeed» and «criminal act», but there is no definition of «criminal offense», which is important for the doctrine of criminal law and the practice of applying criminal legislation. The purpose of this article is to present the author's concept of the need for an analysis and legislative consolidation of the concept of «criminal offense» in the criminal law of the Republic of Kazakhstan and to define its features. The scientific novelty of the article is determined by a fundamentally new approach to the identification of signs of a criminal offense and its formulation in the Criminal Code of the Republic of Kazakhstan. The article uses general scientific and specific scientific methods of research, in particular, methods of historical and comparative legal analysis. The object of the study is the social relations arising within the framework of the institution of a criminal offense, and the subject is the rules of criminal law governing the legal nature of the institution of a criminal offense. Results: 1) in the criminal legislation of Kazakhstan, the most important and basic is the institution of a criminal offense, there are theoretical approaches to the concept of a criminal offense, while there is no legislative definition of it; 2) the concept of a criminal offense and the definition of its signs are of crucial importance for the practice of applying the criminal law and regulatory decisions of the Supreme Court of the Republic of Kazakhstan, it is essential that this concept be enshrined in law, which corresponds to the implementation of the country’s main criminal policy.

CONCEPT, CHARACTERISTICS AND STRUCTURE OF THE LEGAL SPACE

The article deals with theoretical issues concerning the essence, content and key characteristics of the concept of "legal space", which are on the current scientific agenda in the context of modern tasks of ensuring constitutional legality, the development of Russian legislation, strengthening territorial integrity, sovereignty, national security of the Russian state. The relevance of the topic is also due to the lack of legislative consolidation of the definition of the concept of "legal space". The term "legal space" has been quite actively used in the language of regulatory legal acts for more than 20 years, including designating one of the key areas of public administration activities of justice bodies. All this makes it necessary to conduct scientific research in this area. The purpose of the study is to reveal the concept of "legal space", its features and structure, formulate and propose a possible definition of this term based on the analysis of various scientific approaches, normative legal acts. The goals and objectives of the research determined its methodological basis, which was made up of general scientific, private scientific and private legal research methods: dialectical approach, systematic, logical methods, formal legal, comparative legal and other methods of scientific cognition. The authors believe that the legal space is an independent and universal legal category that reflects the state of consistency, correlation and subordination of legal norms stipulated by the Constitution of the Russian Federation, based on their legal force and taking into account the federal structure of the Russian state operating within its territory, ensuring the strengthening of constitutional legality, sovereignty and integrity of the state, the rule of rights and the freedoms of man and citizen, the order and quality of legal regulation at various levels. Revealing the structure, its elements are highlighted as a normative element formed by a system of legal norms expressed in their sources; a subjective element represented by participants acting within the legal space; an ideological element including key constitutional principles of the legal space ((the principle of the supremacy of the Constitution and federal laws, recognition of a person, his rights and freedoms as the highest value, federalism, sovereignty and territorial integrity of the state, etc.).

Actual tax liability: Essence of the concept, legal rationale and specifics of calculation

Subject. The article considers the essence of the concept of "actual tax liability", which has no legislative consolidation. Objectives. The aim is to provide legal justification for the concept of "actual tax liability", explain the relationship between such concepts as "fiscal obligation", "tax liability", and "actual tax liability", determine the specifics of calculating the amount of actual tax liability. Methods. The study employs general scientific and special methods, i.e. analysis, synthesis, generalization, analogy, systems analysis, and others. Results. I reviewed and summarized various viewpoints on definition of the essence of the concept of "tax obligation", determined the relationship between the concepts of "fiscal obligation", "tax liability", and "actual tax liability", provided legal substantiation of the concept of "actual tax liability". The paper highlights the specifics of calculating the amount of actual tax liability. Conclusions. The tax liability concept is not enshrined in the legislation on taxes and duties, however, its essence can be disclosed through the legislation on accounting. When conducting tax audits and revealing incorrect calculations of the amount of tax liability, tax authorities are obliged to calculate actual tax liability based on actual financial and economic activities of the taxpayer. The main condition of the calculation is that it should not lead to more onerous taxation. However, in some cases, namely, when Article 54.1 of the Tax Code of the Russian Federation is applied and the taxpayer refuses to assist the tax authorities, the latter may calculate a larger amount of tax liability than the actual one.

Institutional principles of concordance of interests in legal environmental conflict

The theoretically-legal analysis of institutional principles of ecological law, which are basis of the legal mechanism for resolving legal environmental conflict, is conducted in the article. The research of doctrine approaches interests concordance is carried out. In this context, the concept interests balance based on the “hierarchy” of interests, in which the public interest is a priority, and the concept of human rights priority are analyzed.
 Extrapolating these conceptions in the plane of ecological law, their application possibility is analyzed with the aim interests concordance and achievement of consensus in an legal environmental conflict. It is substantiated that the institutional mechanism of balancing interests in ecological relations is based on the principle of sustainable development, which is based on the concept of harmonization of ecological, economic and social interests of society and the principle of ecological priority interests. The systematic analysis of ecological legislation and ecologically-legal doctrine has given chance to identify and investigate the priority principle of public ecological interest in interest balancing which are realizing subjects in ecologically legal business. At the same time, investigational, that modern anthropocentric conception of ecological law, its humanistic orientation provides for the legislative consolidation and principle of human rights priority - right on safe environment for life and health as an inalienable absolute right of personality. It is proved that despite the legislative enshrinement of both principle of public priority ecological interest and principle of belonging to the right of safety for life and health of the environment, the conflict of legal regulation is absence. This is due to the fact that the right to safety for the life and health of the environment is based on the private ecological interest in ensuring the proper state of the natural environment, which ultimately coincides with the public ecological interest.
 It is concluded that the institutional principles of interests concordance determine the general orientation of public policy and serve only as a prerequisite for achieving a balance of interests and finding a compromise in legal environmental conflicts.

On the development of legislation on commercial brokering in business

This publication examines the initial legislative consolidation of the activities of merchants, intermediaries, agents, brokers as the initial types of commercial intermediaries.
 We covered the most significant periods of Kievan Rus, the Russian Empire, the Soviet Union, the first decade of Ukraine as an independent state, as well as explored the scope of regulatory consolidation of the institution of mediation in domestic law at present.
 To achieve this purpose, the author analyzed the works of famous historians and lawyers, as well as developed regulations of the period of the Russian Empire, the USSR and Ukraine. Based on the analysis of the latter, it was determined that the legislation on commercial intermediation is moderately developed in our country, which is absolutely consistent, because in private law relations in the field of business only practice can show their sufficient or insufficient level of regulation. Also to achieve this purpose, the authors used methods typical of legal science. The study itself was conducted primarily on the application of historical and legal, system-structural methods and the dialectical method of cognition of legal reality.
 The study allows us to conclude that commercial intermediation, arising as a completely natural phenomenon designed to regulate trade relations between individuals, the legislative regulation of commercial intermediation in the field of management has developed gradually. The need for it was due to the fact that the need for professionalism of intermediaries allowed the latter to ignore the usual human virtues, which put at a disadvantage financial and economic position of the principals. This institution received a certain stagnation during the existence of the USSR, which was a logical continuation on the one hand of the policy of nationalization of fixed assets, and on the other - the equality proclaimed by communism, which did not fit private commercial mediation as a form of chrematism and “art of enrichment”.

Transformation of the Status of the Constitutional Court: Search for a New One or Return to the Past?

2020 was the year of a major constitutional reform in Russia, which affected various aspects of the state structure. The Constitutional Court of Russia was no exception. The Russian Constitution has been amended to change the composition, powers, principles and guarantees of the Constitutional Court of the Russian Federation. These amendments have been concretized and significantly deepened by the amendments to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. This article attempts to analyze the constitutional and legislative changes in the status of the Constitutional Court and determine whether the new regulation is completely new or whether it continues and consolidates the already established trends in the development of the Court, and, possibly, returns the Constitutional Court to its origins. In the course of the study, methods of formal legal analysis were applied, as well as elements of historical and legal analysis. The main result of the study was the conclusion that the reform of 2020 consolidated and continued trends noticeable over several years in the practice of the Constitutional Court, namely, the strengthening of the Court in the system of public authorities, a decrease in the composition, a decrease in publicity and openness, as well as the formalization of the process. Positive innovations should be considered the constitutional consolidation of the Constitutional Court as the highest judicial body of constitutional control, the expansion of the subjects of complaints about the violation of constitutional rights and freedoms, the constitutional consolidation of the status of interpretations in the decisions of the Court and the legislative consolidation of the foundations of the mechanism for systematic execution of decisions. At the same time, the reduction of the composition, the transformation of the Court’s powers into the sphere of preliminary control, the reduction of guarantees of the independence of the Court and constitutional judges, and the strengthening of written procedures appear to be controversial and undesirable. In general, the constitutional and legal status of the Court has not under gone significant cardinal changes in the course of the reform and is, perhaps, not the beginning, but the result of there forms taking place since 2009.

The Term of Applying to the Court With a Claim For Recovery of Temporary Disability Benefits: Problems of Legal Regulation

Тhe analysis of the current legislation on compulsory social insurance in the event of temporary disability and in connection with maternity leads to the conclusion that there are no special terms established for the insured person to apply to the court for protection of their right in the event that the temporary disability benefit has not been accrued or has been accrued not fully. In the scientific literature and law enforcement practice, there is an idea that an employee’s claim for recovery of temporary disability benefits is an individual labor dispute. This is greatly facilitated by the legislative consolidation of the employer’s obligation to pay such benefits to the employee, as well as the rules for the financial provision of benefits both at the expense of the employer and at the expense of the Social Insurance Fund of the Russian Federation. The authors justify the controversy of such a position as not taking into account the complex nature of relations on compulsory social insurance and their social security nature, which is different from labor relations. The legal nature of these relations does not allow applying to the requirements arising from them the terms of applying to the court for the resolution of an individual labor dispute, established by Article 392 of the Labor Code of the Russian Federation, as well as the limitation periods provided for by civil legislation. Based on the results of the study, a conclusion is formulated about the expediency of fixing in the legislation the terms for applying to the court for the protection of the right to insurance coverage under mandatory social insurance, due to the public-legal nature of social security relations, in order to avoid limiting the right of citizens to appeal to the court for a period that is not intended for claims for recovery of temporary disability benefits.

Problematic aspects of the serving of sentences by specific groups of convicted persons

The objective of the article was to analyze problematic aspects of the execution of the sentence by certain groups of prisoners. The research methodology includes hermeneutics, formal and logical method, dogmatic method, synergistic method, system method and generalization method. In the proceedings of the investigation, the terms «serving a sentence» and «serving a sentence» are revealed and their differences are determined. The bodies of execution of sentences and their classification are considered. It clarifies the opinions of scientists on the classification of convicts, provides legislative consolidation of groups of convicted on various grounds (age, sex, severity of crime, recidivism, recidivism, illness). Decisions of the European Court of Human Rights on improper detentions analyzed. The main problematic aspects of the execution of the sentence by certain groups of prisoners, such as men, women, minors and tuberculosis patients, are presented. In the practical signified investigation, they identify some problematic issues that arise during the serving of sentences by certain groups of prisoners.

Legal Regulation of Additional Professional Education of Judges: Тhe Experience of Russia and Foreign Countries

Formulation of the Problem. The uncertainty of the legal status of the Russian judicial school, the functions of which are entrusted to the Russian State University of Justice, creates obvious inconsistencies between the legal foundations for additional professional education of judges in the Russian Federation and the needs and demands for continuous training of judges. Purpose of the Work: to determine the principles of additional professional judicial education, the legal forms of their implementation in models of additional professional education, tested in Russia and foreign countries, as well as to develop proposals for improving the legal regulation of the organization of additional professional education in our country. Results, Brief Conclusions. The following are identified as principles for organizing additional professional education for judges: lifelong learning as a status duty of judges; autonomy and independence of an educational institution that performs lifelong learning tasks. The features of the legal forms of implementation of these principles in the models of additional professional education of judges, tested in a number of foreign countries, are revealed. The article concludes that there is a need for further legislative consolidation of the Russian State University of Justice as an independent judicial school, as well as the organization of additional professional education for judges, including the legalization of the frequency, grounds and terms of training, the nature and amount of funding for additional professional education, and liability for dishonest attitude to training.

Digital art in light of NFT: Market power and legal uncertainty

Digital art is the result of creative activity practiced in the virtual space. There is no unified concept of digital art in Russia, and there is no legislative consolidation of this term. In this regard, attempts to find an answer to what digital art is and what rights its acquirer has are topical issues of Russian legal science. At the same time, under the influence of technology, as a result of the development of the blockchain, new ways of handling digital art objects have appeared. The appearance of non-fungible tokens (NFT) causes a lot of legal problems. The study of these problems is the most important task for modern lawyers. The purpose of the study is to identify the legal qualification of digital art objects. In this regard, the author sets the task to study the structure of NFT as an object of civil law. The purpose of the article is also to identify potential risks for intellectual property rights holders when issuing NFT. The methodology of this research is based on the use of a set of general scientific methods and specific methods of analysis used in legal science: system-structural method, system-functional, induction and deduction, analogy, method of formal logic and system approach. In particular, the dialectical method provides an opportunity to systematically explore the unity of social content and legal form of art objects in the digital space. The formal legal method makes it possible to form legal categories by highlighting the main features of phenomena related to research questions. The author has made assumptions about the legal nature of digital art and NFT, as well as their place in the system of intellectual property law. The author has come to the conclusion that crypto art is one of the types of digital art. A specific feature of cryptographic art objects is that their emergence and existence is possible only in blockchain. As a result of the conducted research, it has been revealed that not all NFTs connected to art objects are crypto-art objects in digital commerce.