Legislative Definition Research Articles

СУТНІСТЬ ПОНЯТТЯ “ДЕРЖАВНО-ПРИВАТНЕ ПАРТНЕРСТВО” У СФЕРІ КУЛЬТУРИ

The article provides a legislative definition of public-private partnership. It was also found out that the existence of a numerous points of view on the definition of public-private partnership has led to the emergence of a scientific debate about a question if there is a demand for a single, universal definition of public-private partnership. We suggest proceeding study of the approaches to public-private partnership definition through highlighting different aspects of the cooperation, mentioned by various scientists and experts in public-private partnership. Therefore, we consider necessity of studying four conceptual approaches to understanding the genesis of public-private partnership such as organizational, financial, target and political ones that exist in the legal, economic and sociological sciences. The study shows that the scientists’ approaches to the definition of public-private partnership are diverse and heterogeneous. Some authors focus on the social importance of joint projects of state and business, others observe it as an instrument for solving state’s problems in the economic or social spheres, some of them consider it as a method of achieving benefits for the participants of the partnership. At the same time, analyzing the definitions given in the article, we can conclude that they all overlap and mainly imply several statements. Firstly, cooperation in the form of an agreement or a convention aligned to ensure legal equality of the parties. Secondly, the purpose of such cooperation must be aimed at achieving the highest public good. In addition, it is equally important to implement the project based on ensuring a qualitatively better result than the implementation of the same actions, but without a private partner. Also analyzing the scholars’ views on the definition of public-private partnership, we can conclude that this definition should be considered in a narrow and broad sense. In our research, we ascertain that all scientific approaches elucidate various aspects of public-private partnership, and therefore only their combination can give a holistic comprehension of this phenomenon.

Academic honesty: current status and ways of improvement

Objective: The purpose of this article is to analyze the current status of academic honesty, improvement of its organizational and legal principles. Method: To achieve this goal, such methods as logical-legal and systematic, dialectical and dogmatic, formal-logical, comparative analysis, was used. The interrelated application of these methods led to the science-based conclusions and suggestions. Results: The issues of the essence and significance of academic honesty, the current status of these issues problematic aspect, as well as the ways of qualitative improvement of the legal and organizational principles of academic honesty have been researched. It has been argued that academic honesty is an integral part of both ensuring the quality of higher education and conducting research. The legislative and doctrinal definition of the concept of «academic honesty» has been provided; the types of responsibility for the violation of academic honesty have been defined. Issues related to the formation and functioning of an atmosphere of mutual respect among scholars have been considered both to their own scientific works, and to scientific works of their colleagues. Conclusions: Based on the results of the conducted study, propositions to improve the legal principles for ensuring academic honesty in Ukraine have been formulated.

Animal welfare – a new term in kazakhstan’s legislation

Over the past several decades the term “animal welfare” has been introduced into the legislation of many countries around the world. More and more citizens are realizing the importance of responsible treatment of animals and the impact of animal welfare on human daily life: on the quality of agricultural products, public health and climate. In the legislation of Kazakhstan the term “animal welfare” has also begun to be gradually introduced into the texts of various regulations, but the legislative definition of this term is still missing. Often the meaning of this term often is not clear for the law enforcement authorities. The objectives of this study are to analyze the origin and meaning of this term; substantiation of the importance of the institution of animal welfare, as well as the identification of Kazakhstani normative acts in which this term is used. In the study, we analyzed all Kazakhstan’s normative acts containing this term, as well as significant for Kazakhstan international documents that also use it. Despite the obvious importance of this study and its relevance in the context of a pandemic and an increase in world trade, this article is the first in Kazakhstani legal science to address the problem of legislative regulation of animal welfare. The article concludes with the recommendations for improving Kazakhstani legislation in the field of animal management, which constitutes the practical applicability of this work. Keywords: animal welfare, public health, treatment of animals.

Constitutional and legal basis for ensuring the national security of the Republic of Kazakhstan

This article reveals the current issues of constitutional and legal support of the individual, society and the state. From a legal point of view, security is considered as a set of legal norms, the purpose of which is to protect national interests from existing threats. Special attention is paid to the analysis of the constitutional legislation and the peculiarities of the regulatory regulation of the process of ensuring the national security of the Republic of Kazakhstan. The issues of ensuring the security of the individual, society and the state are among the main ones today. Each state has as its main goal the protection of its sovereignty, the stable development of society, and the decent living of all its participants. Therefore, at the present time, there is a special attention to the problems of national security. This category is the subject of many discussions, political disputes, and theoretical studies. National security can be considered from various points of view: both as the activity of special state bodies to protect national interests, and as the state of protection of the national interests of the country from real and potential threats, and as the creation of conditions for the existence of normal functioning and progressive development of the system itself (society, the state, the people living in it). In our opinion, the modern legislative definition of the concept of national security includes two basic components: security and orientation to progressive development. Keywords: Constitution, national security, national security system, Security Council, national interests.

Самозанятые граждане: понятие и правовое регулирование

One of the topics discussed at scientific conferences and considered in the legal literature in the past few years is the selfemployment of citizens. This article analyzes the use of the concepts of “self-employment”, “self-employed citizens” in current legal acts and judicial practice of the Constitutional Court of the Russian Federation, on the basis of which it is concluded that there is no legislative definition of these concepts and a unified approach to their application in judicial practice. As a result of consideration of the points of view existing in the theory of law regarding the concept of “self-employed citizens” and persons who can be attributed to them, the opinion was developed that “self-employed citizens” is not a legal concept, but a general (collective) concept that denotes individuals independently providing themselves with work. An overview of the provisions of civil and tax legislation, as well as the legislation of the constituent entities of the Russian Federation, regulating the activities of self-employed citizens is presented. Particular attention is paid to the experiment carried out in a number of constituent entities of the Russian Federation to establish a special tax regime “Tax on professional income”

РИНОК КОНСАЛТИНГОВИХ ПОСЛУГ УКРАЇНИ ТА СВІТУ В УМОВАХ ЗМІН

У статті розкрито особливості функціонування ринку консалтингових послуг в Україні в умовах змін, проаналізовано поняття та законодавчу базу, в межах якої провадиться надання консультаційних послуг в Україні, охарактеризовано основні обсяги ринку консалтингу, а також окреслено проблеми провадження консалтингової діяльності на основі порівняння досвіду України та основних компаній світового рівня. Українському ринку консалтингових послуг притаманні основні характерні риси світового, оскільки переважну його частку займають компанії, що є представниками великих міжнародних гравців. Але основною значною проблемою залишається неврегульованість законодавчого визначення відповідного виду діяльності, що не дає можливості вести статистичну звітність підприємств за даним напрямом. Сьогодні на світовому консалтинговому ринку продовжує посилюватися конкуренція, деякі мaлі та середні фірми його залишають.

Underlying push and pull factors in undocumented immigration in the United States

ABSTRACT There is continued empirical and theoretical debate about the push and pull factors of immigration and the effects that legislation has. This study contributes towards this debate by identifying the drivers within the United States between 2005 and 2010. This study also puts forth a new more refined definition of restrictive immigration legislation and examines its impact on immigration. Hypotheses are developed to test for the effects of different policies, which are tested using a cross-sectional time series model with fixed effects and Driscoll-Kraay. The results show that undocumented populations were not broadly deterred by state immigration policies, but an E-Verify scheme, which limits access to employment and is punitive against employers was successful in deterring immigration. These findings have important consequences because to date, state immigration policies seem to function as symbolic overtures with very little or no actual policy output.

Ecological-economic zoning as an instrument for the environmental management of hydrographic basins

This study presents a proposal of ecological-economic zoning using the hydrographic basin of the Una River, Ibiúna, São Paulo, as a study area to subsidize the application of zoning as a management tool for water resources in the context of integrated environmental analysis. The zoning comprised four stages: delimitation of morphometric, physical, biotic, and socioeconomic parameters; definition of the environmental scenario; determination of management zones; and characterization of zones and definition of objectives, conflicts, permitted uses, potential, management actions, and legislation. The results indicate that the basin has 96 km2, with an irregular and elongated shape, an average altitude of 937 meters, a maximum elevation of 1,175 meters, and a strongly undulating relief. Temporary agriculture (36.33%), dense rain forest (37.05%), and oxisol or Argisols predominate in the area. The socioenvironmental characteristics indicate that the sanitation rate of households, residents, and environment were higher in the urban area. About 86% of the population living in the basin are literate, while the percentage of access to the water and sewage system in the rural area is precarious. The EEZ comprised eight management zones, the main ones being agricultural and conservation zones, considered satisfactory and efficient for environmental management and favoring coordination and replication in similar areas.

Advantages and disadvantages of smart-contracts as the basis for the emergence of ownership

The article examines the concepts, legal nature of smart contracts, as well as the advantages and disadvantages of smart contracts as a basis for ownership. The technical and legal aspect of the concept of smart contract is considered. Models of using smart contracts are described. Approaches to determining the legal nature of smart contracts are presented. It is concluded that two models must be considered when using smart contracts. The first model is external, when the program code does not replace the agreement, but only automates its execution. The second model is internal, when the code completely or partially replaces the terms of the agreement. Among the advantages of smart contracts as grounds for the emergence of property rights can be identified, first of all, the inability to change the terms of the contract and interference in its work. However, at the same time, this feature is a disadvantage of the smart contract, as it does not allow to take into account the objective circumstances that may affect the implementation of the agreement. The problem of oracles when using smart contracts is also considered. It is noted that the use of oracles actually means the involvement of a third party in the transaction with all the risks that arise from it. The problem of involving notaries and state registrars in transactions on acquisition of property rights on the basis of a smart contract is analyzed. The problems of lack of legal regulation of smart contracts, in particular, related to its transnational nature, is investigated. The problem of protection of the rights of the parties to the smart contract is analyzed, in particular, related to technical errors and outside interference. Temporary solutions regarding the use of smart contracts and general recommendations on the legislative definition of smart contracts are proposed.

О понятиях правозащитной деятельности и правозащитной системы или же к вопросу об организационно-правовых предпосылках «всенародного счастья»

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

The Concept of Import of Goods in the Context of Customs Procedures

The paper, based on comparative analysis of the legislation of the Russian Federation and acts of the Eurasian Economic Union, examines the legislative definition of the concept of import of goods, different approaches to understanding of the concept under consideration. The legislator’s definition of imports as importation of goods without the obligation to re-export them is not entirely consistent with the description of customs procedures in customs legislation, which gives rise to problems in law enforcement. In particular, the importation of alcoholic products by duty-free shops is considered as imports, which results in the requirement to obtain a license for the purchase (import) of alcohol products. The author highlights the discrepancy between this requirement and the law of the Eurasian Economic Community and the lack of uniformity of judicial practice on this issue. Conflicts of this kind in accordance with the Constitution of the Russian Federation and the Customs Code of the EAEU should be resolved in favor of international agreements. It is proposed to exclude the obligation to obtain a license to import alcohol products for duty-free shops.

The Concept And Legal Nature Of Amendments To The Contract

The article examines the concept and legal nature of amendments to the contract. It is established that this legal phenomenon due to the rapid development of market relations is becoming widespread. The meaning of the concept of «change» and its legal nature are analyzed. An exhaustive list of possible options for exercising the right to amend the contract has been made. According to the results of scientific research of different points of view of civilians of different epochs on the concept of «change of contract terms», the own definition of the mentioned concept is formulated and it is proposed to make appropriate changes to the current Civil Code of Ukraine. After all, the perfect legislative regulation of certain relations begins with the consolidation of their definition, in order to have a common understanding of the concept.
 In our opinion, the lack of a legislative definition of the term “change of contract terms” is a negative phenomenon, as it leads to unequal understanding of the concept by parties, substitution of concepts, violation of the rights of parties, different case law, which is based on the results of consideration of the category of cases related to amendments to the contract. Therefore, we believe that the CC of Ukraine should be amended by including Article 650 1 «The concept of changing the terms of the contract», by which we mean the process, active behavior of the party (parties), which aims to create new or edit existing terms of the contract to bring it in accordance with certain life circumstances, legal norms, as well as its optimization, the purpose of which is to obtain by the party (parties) a certain positive result of property and / or non-property nature. The implementation of these changes will make it possible to avoid the above-mentioned negative consequences in the future and will ensure the introduction of uniform case law in resolving disputes related to amendments to the contract.

General And Limited Partnerships: Features Of Legal Regulation In Ukraine And European States

The article focuses on one of the corporate forms of entrepreneurial activity - general and limited partnerships. Limited liability companies and joint stock companies are among the most popular legal forms of companies. However, the development of Ukrainian legislation moves in the direction of creating a system of different forms of entrepreneurship, which are aimed at different needs and interests of their founders. Such forms of entrepreneurship exist and operate successfully in Europe. Carrying out a comparative analysis in the article allows the author to confirm the existing thesis that there is no single vector in European countries concerning the legal status of these partnerships. Some states define these partnerships as legal entities, others - as a form of joint business activity.
 It is emphasized in the article that the European legal space is characterized by the use of the concept of defective legal entity. The author perceives any of these European approaches, but points to the need for its consistent reflection in all legal acts that determine the status of general and limited partnerships. The article supports the assertion formed in the scientific literature about the criticism of domestic legislation on general and limited partnerships. Such criticism concerns to those norms of Ukrainian legislation, which use untypical provisions for legal entities. All existing researches are directed to one aim - to develop a single vector in the regulation of general and limited partnerships. They should be regulated either as legal entities or as forms of joint activity on the basis of an agreement.
 The author states that the main attention in granting general and limited partnerships the status of a legal entity should be focused on clear boundaries between the liability of a legal entity and the subsidiary liability of its members.
 The article supports leading scholars’ critical assessment of the legislative definition of general partnerships as an association of persons for joint business activities. Based on the analysis of the definitions of a general partnership in EU law (for example, France), it is proposed to define a general partnership as an association of persons engaged in business activities through joint contributions of all participants (full partners) and their subsidiary liability for the company’s obligations. This wording indicates that the partnership itself carries out business activities, and not its members.
 The author also does not deny the possibility of introducing general and limited partnerships as associations of persons on the basis of an agreement on joint activities. At the same time, it is noted that all norms of national legislation should consistently adhere to such concept.

К понятию ≪нефть≫ в правовой системе России и по законодательству зарубежных государств

At present, the Russian gross domestic product consists mainly of revenues related to the sale of oil. At the same time, the current Russian laws has no definition of oil, while in the neighbouring countries, including Kazakhstan, Kyrgyzstan, Tajikistan and Ukraine, such a definition is present in the laws. In Russia, many attempts have been made to regulate public relations related to oil in detail, both on the federal and regional levels. However, such initiatives have always faced opposition, despite the fact that even today the legal regime of relations related to oil in Russia is not comprehensive. The author justifies the need for a legislative definition of oil and attempts to provide such a definition. The definition of oil may be particularly important when disputes arise between legal entities on different levels (whether private companies or public authorities acting on behalf of the state), since even the basic concepts may not coincide in their legal meaning in different national legal systems.

On Concept of “Oil” in the Russian Legal System and in the Laws of Foreign Countries

At present, the Russian gross domestic product consists mainly of revenues related to the sale of oil. At the same time, the current Russian laws has no definition of oil, while in the neighbouring countries, including Kazakhstan, Kyrgyzstan, Tajikistan and Ukraine, such a definition is present in the laws. In Russia, many attempts have been made to regulate public relations related to oil in detail, both on the federal and regional levels. However, such initiatives have always faced opposition, despite the fact that even today the legal regime of relations related to oil in Russia is not comprehensive. The author justifies the need for a legislative definition of oil and attempts to provide such a definition. The definition of oil may be particularly important when disputes arise between legal entities on different levels (whether private companies or public authorities acting on behalf of the state), since even the basic concepts may not coincide in their legal meaning in different national legal systems.

Genus – Species and Whole – Part Relations in Legal Terms

The research featured the way legal terms express the genus – species relationship (hyperonyms vs. hyponyms) and whole – part relationship (holonyms vs. meronyms / partonyms). The article introduces the basic differences in the relations of these types, as well as terminological variants. The author specified the related research terminology, the specific use of hyponyms / hyperonyms and holonyms / meronyms in the formation of a legislative definition, and the intra-text semantic correlation of concepts expressed by these relations. The author also defined the means and ways of expressing hyper-hyponymy and holonymy-meronymy: syntactic, grammatical, punctuation, numbering, graphic, speech markers, etc. The paper describes the main functions of legal hyponyms / hyperonyms and holonyms / meronyms: structuring the terminological system of law and the textual space of the law, official legal interpretation, the formation of an interpretation strategy, synonymous correlation, etc. It also mentions nominal (subject-conceptual, attributive) and verbal (procedural, effective) semantics. The research was based on the methods of conceptual, contextual, and comparative analysis of Russian legal texts, their classification and generalization. The research was based on Russian laws, as well as the Dictionary of Legislative Terms and Concepts, compiled by the author from federal laws.

On certain terms and definitions in the legislation on gender equality

The article reveals the issues of defining terms (concepts and definitions) in gender legislation. The author pays special attention to the definition of the term «vulnerable groups» and the definition of «women from vulnerable groups».The purpose of the study is to analyze certain terms and get acquainted with international experience in order to use certain initiatives in Ukrainian legislation to achieve gender equality. The term of vulnerable groups exists in everyday life,but there is no unified term and a clear understanding of what categories are attributed to women from vulnerable groups. Existing research, current Ukrainian and European legislation, and international human rights practice conclude that it is vulnerable groups of populations are most prone to discrimination. For such categories of persons, discrimination may contain signs of plurality, namely exacerbated by signs of ethnicity, disability, age, and so on. Scrutinize approach to determining the criteria for women’s vulnerability will allow to provide better social services that will be targeted at certain categories of people to achieve the best results. It is important to develop comprehensive measures that address the problems and needs of certain categories of people and groups. The introduction of targeted approaches to implement the specific needs of each group are necessary measures. In the course of the research the Ukrainian legislation and international practice on defining the term vulnerable categories of persons and women from vulnerable groups were analyzed. Ensuring equality of rights is especially important for women from vulnerable groups. Therefore, determining which categories of women can be classified as «vulnerable» is a necessary component of the legal framework.The practical significance of this article is the need to determine the category of women from vulnerable groups and vulnerability criteria. A clear normative definition will provide a better understanding of the needs of such groups and take special measures to ensure their rights in a targeted and effective manner. Keywords: women from vulnerable groups, legislation on gender equality, vulnerable categories of persons, terms in gender legislation.

MARITIME ACTIVITY CONCEPT IN A CONTEXT OF LEGAL (MARITIME) DOCTRINE OF UKRAINE

The article is devoted to the research of the concept of maritime activity in a context of legal (maritime) doctrine of Ukraine. Understanding of a ‘legal relations’ notion as a type of public relations that develop out of public life, in particular because of community service of subjects’ of such activity and that are regulated by legal means, has naturally led the author to a conclusion that meeting the overall objective of the study requires solving the problem of definition and meaning of ‘maritime activity’ notion. Herewith, availability of several legislative definitions and multiple researches of the problem and, as a result, lack of common understanding of its generally accepted solution, makes it impossible to form the concept of maritime activity in a context of legal (maritime) doctrine of Ukraine. The said above should be considered as lack of legal base, in other words, lack of general theoretical legal foundations for its forming and implementation, in particular conceptual laws, which determines the relevance of the study. According to the study, the author concludes, that definitions of particular notions, shown in the texts of the Maritime doctrine of Ukraine of 2009 and 2018 (approved by statutory regulations) do not meet the definitions given in the current legislation of Ukraine, including United Nations Convention on the Law of the Sea 1982, the international agreement of Ukraine; forms the definition of the notion that includes ‘maritime activity’ term as a type of purposeful, legitimate, socially useful community service in the field of marine environment, carried out on the basis, within the limits, by ways and in the manner defined by the maritime law, which creates its specific (varietal) legal type, as a result of transformation of the public relations between its subjects into ‘maritime legal relations’; defines the components of the definition included in the ‘maritime activity’ term as its subtypes; determines the need and scientific offer to include ‘maritime activity’ concept to the process of formation and implementation of the legal (maritime) doctrine of Ukraine.

Coercive measures of medical nature: legislative definition

The article deals with the problematic issues concerning the lack of legislative definition of coercive measures of medical nature. The similarities and differences between criminal punishment and compulsory measures of medical nature are established. The authors analyze the criminal legislation and also propose its improvement by means of additions in separate articles of the Criminal Code of the Russian Federation.

Світовий досвід управління соціальним захистом населення

The article is concerned with studying the world experience in managing social protection of the population. The concept of «social protection», the formation of priorities for managing the social protection system from the standpoint of international organizations, and a description of social policy models that characterize the system of social protection of the population and the definition of certain recommendations for Ukraine are defined. It is specified that Ukraine lacks in legislative definitions while showing a certain disorder of legislative use of the terms of «social protection» and «social security». It is noted that there are still some disagreements as to the main purpose of social protection. That is, each country (organization, politician, etc.), forming the priorities of the social protection system, must decide what is the most important and significant at the very moment. A critical analysis of existing theories and practices of social protection management of the population was carried out; the main empirical approaches to the construction and management of the social protection system used by international organizations are determined. The models of social policy are classified in the studies of domestic and foreign scholars taking into account the following criteria (subject of responsibility, purpose/priority of social protection, political basis, social protection instruments, typical countries) and conclusions about the implementation of these models in Ukraine are drawn. It is also concluded that the situation in Ukraine, as in many countries of the world, is characterized by a number of programs that have appeared in recent years and provide a certain degree of protection, but do not have a legal substantiation. Such initiatives cannot be considered as proposals of the same amount and scope based on the law, because they do not establish legal rights or rights to be exercised. At the same time, they play an important role in improving the situation of those who benefit from them