Legislative Definition Research Articles

ПРО СУТНІСТЬ ПОСЛУГИ СОЦІАЛЬНОГО СУПРОВОДУ ВІДПОВІДНО ДО ЗАКОНОДАВСТВА УКРАЇНИ

The article regards the place of social support service, provided to a person (family) belonging to vulnerable groups and/or who are in difficult life circumstances, defined by the norms of different Laws of Ukraine, in the sphere of social security of Ukrainian citizens. Following on from applying the comparative method to find out the consistency of legal norms, the author stresses that there is no legally unified definition of social support. The author highlights legislative contraventions on the determination of the place of social support in the system of social security types of Ukrainian citizens as well as on the characteristics of social support as a type of social service. The researcher suggests the amendments to the legislation. The author emphasizes that the normative consolidation of the social support service as a service of social assistance does not determine its legal specificity with respect to other types of professional social protection activities. Legislative definitions of “social service” and “social work” are analyzed in this article. The author proves that these terms are identical in content, and the research proposes to harmonize their regulatory use. Specific attention is paid to the fact that the normative characteristics of the social support service as basic service does not characterize its specifics, does not distinguish it in the system of social services and is not applied in practice. The researcher also argues that the legislation on social security does not contain the list of other (not basic) types of social services, does not determine the specifics of providing the basic service in the system of others, does not affect the individual / family availability of payment of the social service. The author stresses that the characteristic of social support service as a basic service is a legislative declaration and has no application in practice. Social care, social assistance and social patronage are the elements that determine the legislative content of the social support service of vulnerable groups of kids and young people. At the same time, the current legislation does not establish the legal features that characterize these notions, does not define the legal conditions for the provision of each of the components of the social service. The researcher critically analyses legal norms that define the list of professional actions that shape the content of the social support service of a person (family) and the legal grounds for its provision. The author lists a number of examples of inconsistencies between by-laws and provisions of the Law of Ukraine “On Social Services”. The researcher emphasizes the necessity to streamline the rules of legislation governing the content and scope, rules and regulations, conditions and procedure of providing and indicators of quality of social support service in a sole by-law – The State Standard of Social Support.

Prospects of social entrepreneurship development in Ukraine

The article analyzes the phenomenon of social entrepreneurship and the possibility of its spread in the activities of non-profit organizations. Therefore, the purpose of the article is to outline the prospects for the development of social entrepreneurship in Ukraine and to summarize the factors that influence this process. To achieve this goal, system analysis (to outline the phenomenon of social entrepreneurship), analysis of expert assessments (for assessment of the state and trends of social entrepreneurship) and document analysis (to identify normative especially regulation of social entrepreneurship) were used.It is established that social entrepreneurship is an effective method of solving social problems, which has its own peculiarities of functioning and practice of implementation in Ukraine. The situation of social entrepreneurship in Ukraine and its normative-legal provision is considered. The article outlines the main deterrents and incentives that affect the development of social entrepreneurship and its implementation in the activities of non-profit organizations.The impact of different scenarios of social entrepreneurship development in Ukraine, including the growth of social enterprises due to the large number of social problems in Ukraine, legitimization of social entrepreneurship at the level of national legislation and economic development of the Ukrainian state, which will contribute to state support of social enterprises, taking into account the mechanisms of implementation of the social order. It was found that the main factors influencing the development of social entrepreneurship are raising the level of social consciousness of citizens, legislative definition of social enterprises and their taxation, financial support of social enterprises at the state level, grant support, increase of own incomes of non-profit organizations.

An Alternative Approach to Classify Illegal Logging: The Case in Vietnam

This article examines the different kinds of illegal logging that takes place in Vietnam, challenging the typical approaches to understanding and classifying the various criminal activities involved. We argue that either overlooking the classification of illegal logging or relying solely on illegal timber volumes and legal descriptions to categorise the crime is not sufficient to comprehend its diverse nature. This leads to inappropriate measures to tackle the crime. Instead, this study suggests that illegal logging should be categorised into three types, which are fundamentally distinctive, not only with regard to the volumes of illicit timber and the legislative definitions of the crime, but also (and more importantly) with reference to the attributes of harvesters, the degree of their involvement and their motivations, and the level of organisation involved in criminal commissions.

Semantic Production as a Way of Forming Legal Concepts (Based on Russian Laws)

The research featured legal terms formed according to the semantic method, e.g. semantic generalization, expansion / narrowing of meaning, institutional specification, metonymic or metaphorical transfer, their correlation, etc. The author highlighted the interconnection of semantic term formation and polysemy. The article contains a list of factors that cause ambiguity of legal concepts: (a) the author of the legislative text and the recipient; (b) the open nature of the legal terminological system, as well as the reproduction of multivalued lexemes in the laws and their reinterpretation; (c) the development of various variants of legislative definitions, etc. The paper focuses on semantic generalization and institutional specification of legal concepts. The author describes the interconnection of denotative-predicative and logical-conceptual approaches, as well as the mechanism of generalization and abstraction of lexical meaning. The differences of metonymic and metaphorical transfers were interpreted in terms of contrasting functions, models of education, and connotation potential. The research revealed a high productivity of metonymic transfer and legal concepts based on a combination of different types of semantic terminology. The study featured the texts of Russian Federal and regional laws. The author applied various approaches, e.g. discursive, contextual, intertextual, component, denotative-predicative, logical-conceptual, interpretative, comparative, etc. The results, conclusions, and illustrative material presented in this work may be of some interest to scientists and practitioners who study legal terminology, legal texts, and issues of the Russian language as a state language.

Security of aircraft infrastructure objects: theoretical aspects

The article determines that the basis for effective activity for the protection of critical infrastructure facilities is the formation of a system of legislative definition of criteria for attribution to the critical infrastructure of the state of the relevant facilities, including aviation. The basis of legislative and organizational activity in this sense is the implementation of scientific research aimed at the formation of scientific and organizational security of aviation objects. It is stated that beyond the scope of modern research in aviation security and in the whole of all critical infrastructure objects there remain: theoretical clarification of the essence and correlation of such theoretical and applied categories of different types of security with regard to critical infrastructure and aviation transport objects. The reasons and conditions for the formation of security threats to the entire aviation infrastructure of Ukraine have not been properly investigated. The necessity of development of theoretical and applied and legal problems of safety of the objects of aviation transport of Ukraine is determined not only by the intervention in the activity of civil aviation, but also by the whole complex of conditions of normal activity of structures and subjects of business activity of objects of aviation infrastructure. The purpose of the article is to create on the basis of a series of articles a theoretical basis for organizational and legal security of objects of aviation transport infrastructure. The purpose of the article was implemented in a systematic approach to the study of existing problems in the security sphere of aviation infrastructure. The use of a set of general and specific research methods made it possible to determine the factors and content of the causes and conditions of the formation of threats to the security of all aviation transport infrastructure in Ukraine. This approach made it possible to conclude that the content of security of aviation infrastructure and economic entities located in their territory can be viewed from several positions: First - as conditions in which there is a complex system where the action of external factors and internal factors does not lead to the emergence of threats and negative objective and subjective negative processes. Secondly, as a condition of critical infrastructure - aviation, at which the risk of harming people or property is reduced to an acceptable level. Thirdly - as a type of activity of authorized structural units for creation of normative conditions for functioning of critical infrastructure objects - aviation transport. Taking into account the analysis of the practice, legislative and departmental regulations and opinions of scientists, a differentiated classification of security threats to aviation infrastructure objects is given, with determination of their impact on each element of the infrastructure.

Some aspects of the legal nature of virtual assets/cryptocurrencies in the conditions of global digitalization

Problem setting. Comprehensive digitalization of all spheres of life, as one of the most important factors of economic growth in any country, is the mainstream of the modern global world. Digital transformations in the economy are changing approaches to both the organization and conduct of economic activity and the format of its state regulation. The development of the digital economy is inextricably linked with the “digitalization” of a number of traditional objects and / or forms of interaction between participants in economic relations, as well as the emergence and active circulation of new objects whose existence is possible only in digital format (“ digital objects “). Virtual assets / cryptocurrency are one of such objects to which there has been a bivalent attitude since its appearance, and to the legal nature of which a unified approach has not been formed to date. Analysis of recent researches and publications. Among the researchers who in their works addressed the issue of the legal nature of virtual assets / cryptocurrency and transactions with it, it should be noted M.V. Grebenyuk, B.V. Derevyanko, I.M. Doronin, A.T. Kovalchuk, L.O. Nikitin, S.S. Pylypyshyn, V.A. Ustymenko and others. At the same time, a full-scale study of this issue, in particular from the standpoint of economic law, requires further legal, including economic and legal research. Target of research is to study the heterogeneous nature of virtual assets / cryptocurrencies in the context of digital transformations in the economy and modernization of domestic legislation. Article’s main body. In the context of global digitalization, the scale and pace of digital transformations associated with the emergence of new digital objects, their active involvement in civil, economic turnover and subsequent market turnover are growing. Virtual assets/cryptocurrency are one of the objects in relation to which there has been a bivalent attitude since its appearance, and in relation to the legal nature of which a unified approach has not been formed to date. This article discusses the first official explanations in Ukraine on the nature of virtual assets / cryptocurrencies, as well as the position of the Office of Effective Regulation (BRDO) and theoretical and legal approaches to this object. Qualification features are analyzed, which contains the legislative definition of “virtual asset”, which together represent its functional heterogeneity. Some issues related to the contractual basis for the circulation of virtual assets / cryptocurrencies are highlighted, and suggestions for further development of the current legislation on these facilities are provided. Conclusions and prospects for the development. Legislative legalization of the concept of “virtual assets” is an important step towards the legalization of the virtual assets market and the first stage of the institution of virtual assets, further development of which requires intensification of work on the development of relevant legislation on virtual assets. connection with the generation (issue) and circulation of virtual assets. At the same time, achieving a synergistic effect in the legal regulation of relations, the object of which are virtual assets/cryptocurrency, necessitates appropriate amendments to the Commercial and Civil Codes of Ukraine, the Law of Ukraine “On e-commerce”, tax, investment legislation and more.

ЯКІСТЬ ВИЩОЇ ВІЙСЬКОВОЇ ОСВІТИ В КОНТЕКСТІ ЗМІН У ЗАКОНОДАВСТВІ УКРАЇНИ

Introduction The article deals with the tendencies of further development of the higher military education system and peculiarities educational activity in the higher military educational institutions and military educational units of higher education institutions in the context of the evolution of perspectives on education quality ensuring and changes made to the definitions in the new edition of the Law of Ukraine “On Higher Education” concerning essence of the concept of “quality of higher education” and its main components, namely “education standards”, “competence”, “learning outcomes”.Purpose. The purpose of the paper is to define tendencies of further development of higher military education in the context of the evolution of perspectives on education quality ensuring and changes made to the definitions of Ukrainian legislation in the educational sphere.Methods. The study was conducted using the following theoretical methods: analysis and synthesis, induction and deduction, comparison, classification, generalization and systematization.Results. The concept of “quality of higher education” and its main components, namely “education standards”, “competence”, “learning outcomes” are determined in the article, its interrelations and interdependencies in the educational system of the HMEI are observed.Originality. According to the purpose of the paper, tendencies of further development of higher military education in the context of the evolution of perspectives on education quality ensuring and changes made to the definitions of Ukrainian legislation in the educational sphere are defined. Conclusion. The article presents the view of the tendencies of further development of higher military education in the context of the evolution of perspectives on the problem of education quality ensuring, guaranteeing quality of higher military education and changes made to the definitions in the new edition of the Law of Ukraine “On Higher Education” concerning essence of the concept of “quality of higher education” and its main components, namely “education standards”, “competence”, “learning outcomes”. The directions for future research are study off education quality and change management monitoring in the system of higher military education.

Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

Counteracting Domestic Violence: New Experience from the UK

The author studies the experience of England and Wales on counteracting domestic violence. The article analyzes how the attitude of the society and the state to this phenomenon has changed, and, instead of being viewed as a commonplace event, it is now recognized as a serious gender violence crime and violation of human rights. Such recognition is based on the position of the UNO expressed in the Istanbul Convention of 2011; joining this Convention made it necessary for the British government to develop a new statute. This Act includes the legislative definition of domestic abuse (this term is an extension of the concept of «domestic violence» introduced at the government level), the introduction of the extraterritorial jurisdiction, more clearly defined methods of victim protection, a provision for a Domestic Abuse Commissioner, etc. The article outlines the path of the UK to the new legislative vision, starting with the development of inter-agency programs and pilot projects of victim assistance and ending with the adoption of legislative acts that criminalize different forms of domestic violence, including forced marriage, «honor» crimes and female genital mutilation. Special attention is paid to a new gender neutral crime - controlling behavior, whose introduction is viewed as unprecedented and controversial. Unlawful control is viewed as actions aimed at suppressing another person, their isolation from people close to them, and depriving them of means necessary for independence, resistance or escape. Coercion, in its turn, is an action or a model of behavior (attack, threat, humiliation, etc.) aimed at inflicting harm, at punishing or terrifying a victim. The author believes that studying British experience of developing inter-agency programs of victim support, including a program that provides information of the criminal past of an intimate partner, and the consistent criminalization of all forms of domestic abuse (even those not connected with physical violence) presents certain interest for Russian lawyers and researchers, and deserves their close attention.

A New System of Preventive Measures Alternative to Remand in Custody: First Results of Application, Development Prospects

We currently witness a heightened interest for the humanization of penalization measures, specifically, preventive measures, both in the theory and practice of Russian criminal procedure. There is well-grounded criticism of the fact that the number of remands in custody used as preventive measures is high and that their terms are prolongated many times, and on similar grounds, both in the Russian criminal procedure sphere and in the European Court of Human Rights during the examination of specific complaints. The analyzed statistical information showed that in 2015, remand in custody as a preventive measure in the criminal cases of grave and especially grave crimes was used for every second suspect or accused. It could not but contribute to the development of a system of preventive measures alternative to detention, and to the emergence of its new types. The authors analyze changes in the strict hierarchical system of preventive measures in view of Federal Law № 72-ФЗ enacted on April 18, 2018, which changed the procedure of applying the preventing measures of house arrest and bail and provided a measure that is completely new for Russian criminal process - the prohibition of certain actions. A considerable variety of restrictive measures included in the prohibition of certain actions, and the possibility of applying them in combination with a bail created a situation paradoxical for Russian criminal process when the application of a measure of prohibition of certain actions, that is a milder one in the hierarchy of restrictive actions, may restrict the rights and liberties of a person to a greater degree than a bail, which is a stricter measure. Besides, the legislative definition of the essence of house arrest as complete isolation of a person from the society and the prohibition of certain actions as partial isolation has created a competition between these preventive measures when they are enforced in practice. The authors present convincing arguments to show that it is impossible to ensure complete isolation of a person form the society without placing that person in the pre-trial detention facility, which makes it possible to equal house arrest with a prohibition to leave a dwelling in a certain period within the framework of prohibiting certain actions. Although there are some questions regarding the application of preventive measures alternative to remand in custody, we should commend the efforts of lawmakers to develop a system of these measures, and the practice of their enforcement will certainly allow to eliminate the existing competition and solve specific problems of their selection and application.

Дефиниции нормативного правового акта высшими судебными инстанциями

Up to the present time there is no legislative definition of the enactment, whereas the quantity of the enactments grows because of the intensification of the law-making, and respectively the number of the law cases about their impeachment increases, so the definition of the enactment, laid down in the Resolutions of the Plenum of the Supreme Court of the Russian Federation gains a special meaning. The goal of the present research is the analysis of definitions of the enactment, being contained in the acts of supreme judicial institutions in contemporary Russia. To reach this goal the following tasks are to be solved. Firstly, to analyze the Resolutions of the Plenum of the Supreme Court containing definitions of the enactment, which were adopted at different time. Secondly, to find out special aspects of the enactment in given regulations. The undertaken study permitted to come to a conclusion about an evolution of the legal definition of the enactment as a reflexion of the development of post sovjet and contemporary legal system Russia. The legal definition of the enactment is a necessary legal means for the support of a permanent legal regulation process. The author used the materialist dialectic, logical and technical legal methods or the research of the enactment definition.

MEDIATION AS AN ALTERNATIVE METHOD OF RESOLUTION OF LEGAL CONFLICTS

Purpose: to highlight issues related to the use of mediation as an alternative way of resolving legal conflicts. Methods of research: applied a set of philosophical, general scientific, historical and special scientific principles and methods of cognition. Results: mediation requires scientific justification and practical implementation in the activities of the persons engaged in it. The high level of effectiveness of the phenomenon of mediation is characterized by its basic principles: voluntariness, confidentiality, efficiency. Legislative definitions also require the following: fixing the list of cases in which mediation can be appointed; regulation of the requirements for the mediators themselves and the procedure for their selection; definition of specific principles and forms of mediation, as well as conditions for receiving mediators information on the case and important procedural issues. Important and useful assistance in the process of introducing mediation into its practical use by Ukrainian society is the experience of foreign countries, in particular European countries. Discussion: there are a number of ways in the world that provide reconciliation to parties to a contentious legal relationship without the direct involvement of a court. And, first of all, they need to be thoroughly investigated and predict the possible advantages and disadvantages, which will result in granting them the status of a legal or procedural institute in Ukraine. At present, unfortunately, this issue in our country is poorly researched and there is only a limited number of specialists who are real experts in this field. The development of alternative ways of resolving legal conflicts is gaining popularity and is increasingly used in Ukraine. Undoubtedly, the out-of-court resolution of disputes cannot completely replace the judiciary, but at the same time can help to some extent reduce the burden on the courts, which often do not handle so many cases. In addition, certain ways of resolving conflicts do not prohibit the parties from using those methods that will be most appropriate for the settlement of the dispute and will meet the interests and requirements of the parties. Despite the shortcomings, in particular the lack of framework legislation to regulate the mediation process, much has already been done to implement it.

TYPES OF LOCAL LEGAL PRINCIPLES OCCUPATIONAL HEALTH AND SAFETY REGULATION

Local regulation of labor protection is carried out at each enterprise, organization or institution separately. As a result, the subjects of local rule-making have their own ideas about the quality of local regulations, how to draw up such an act and how to teach local law. At the same time, approaches to local regulation of labor protection may differ even within a large enterprise, and even more so at the regional or national level during the creation of collective agreements. The quality and efficiency of local regulation of labor protection depends on the number of accidents at the entrepreneur, safety for members of the workforce and the general population. At the same time, the formation of local regulations can be influenced by completely subjective factors regarding the style of speech, as well as the presence of deep professional knowledge on the topic of labor protection. It is clear that chaos in the understanding of local legal regulation of labor protection increases the likelihood of negative consequences. Today, the legislative definition of uniform requirements for local regulation procedures and the content of local labor protection acts is not provided, and therefore it is important to establish and disseminate among the subjects of local regulation common and easy to understand principles of local labor protection regulation. The article analyzes the practices and legislation on local regulation and establishes which principles apply to labor protection. It is important to derive a classification of such principles, as it will simplify their organization, illustrate the connection and place in legal regulation, interaction with centralized regulation, as well as emphasize the autonomy of local regulation of labor protection. The analysis of the content of the principles of local legal regulation of labor protection provided an opportunity to determine their essence, features of implementation, to clarify their procedural or material nature and systemic action. It is concluded that the principles of local legal regulation of labor protection are all interdependent and non-compliance with at least one of them will lead to the illegality of the local legal act. It is established that the principles combine both legal requirements and requirements of organizational, technical and economic nature. The problem is to convey the content of such principles to the subjects of local rule-making, as many of them do not have special professional knowledge. In addition, it is necessary to create more effective mechanisms for control and monitoring of compliance with the principles during the development and implementation of local regulations on labor protection.

LEGAL NATURE OF PROPERTY RIGHTS AND THEIR STATE REGISTRATION

The relevance of the article is that the property rights of citizens and businesses are not only the basis of Ukraine's economy - they are based on family relations, they are also the material basis of local governments and state organizations, institutions and enterprises. In other words, without their proper registration and protection, it is impossible to ensure any other sphere of public life. In Ukraine, some attention is paid to the legislative definition of property rights and the problem of their state registration. And if with the first part of the outlined, in our opinion, a certain harmony is reached, then the issue of protection of property rights in today's conditions is acute. Its violations, in particular raids on enterprises and other violations of the property rights of individuals and legal entities, although decreased in number, but such facts have not remained in the past. The leading instrument of administrative legal protection of property rights is the institution of state registration of property rights, which in today's conditions is undergoing a process of further transformation and improvement in the effectiveness of protection of the rights of property rights. The artіcle reveals and descrіbes the legal nature of property rіghts and theіr state regіstratіon. Thіs іs done on the basіs of the theory of natural law, the theory of admіnіstratіve law, the theory of cіvіl law, as well as domestіc legіslatіon. Іt іs proved that the legal nature of the state regіstratіon of real rіghts to іmmovable property іs that іn іts іmplementatіon there are specіfіc admіnіstratіve and legal relatіons of a protectіve nature. It is concluded that the legal nature of state registration of property rights to property rights is that in its implementation there are classic administrative and legal protection relations, which involve applicants or their authorized persons, usually private legal entities, and public ( public) registrars as subjects of power. The content of these relations is: 1) the subjective right of the applicant to receive a kind of public protection in formal form (security document) and in essence - to use the entire public apparatus of protection and state coercion in his case in case of violation of registered property rights; 2) the administrative duty of a special subject of public administration (registrar) is a public obligation to carry out such registration. In turn, the registrar has the right to demand from the applicant provided by the current legislation confirmation of ownership of the property rights submitted for registration. Legal facts in the analyzed area of administrative and legal relations are the entry in the register of decisions on state registration, which directly lead to a change or termination of legal relations. A separate line in this area should be noted administrative-legal, administrative-procedural and economic-procedural legal relations that arise when appealing the decisions of state registrars to refuse registration (registration) of property rights to administrative or (and) judicial authorities.

Legal Concept and Legal Term: Specificity of the Correlation and Definitions (Based on Russian Laws)

The present research featured legal concepts and terms in legislative texts. The paper focuses on various approaches to legal concepts and terms, e.g. logical-hierarchical, definitional, structural-semantic, etc. The author proved that the concepts of legal term and legal concept are often synonymous. They have the same nominative function, verbal expression, modification procedure, and variability. In addition, both terms possess legislative definitions. As a result, a legislative text can be understood in broad and narrow sense. The study touched upon the following issues: (a) the institutional functions of legislative definitions (interpretative, differentiating, legal, system-forming); (b) the location of the definition within the legislative text; (c) the main methods for constructing a legislative definition (lists, descriptions, combinations) and defective legislative definitions. The paper describes reasons for the ambiguity of legal concepts (terms) and the variability of their legislative definitions. The research was based on the texts of Russian federal and regional laws, legal dictionaries, and judicial practice. The methods included discursive, categorical, and definitional approaches, as well as induction and deduction and contextual, component, comparative analyzes. The obtained results and conclusions may be used in legislative text studies, as well as by experts in legislative and judicial discourse.

Doctrinal basis of crime classification

The article deals with the issues of formation, development and legislative registration of the Institute for the classification of crimes. Scientific and legislative classification of crimes, rules of formal logic as a basis for differentiation of criminal offenses and individualization of criminal responsibility and punishment are investigated. The term “crime classification” has been interpreted, the principles and functions of classification have been defined. The definition of the classification criterion, the content of public danger in the doctrine of criminal law, for which there is a large number of scientific views, is given. The criteria of public danger as a material sign of a crime are defined. According to Article 12 of the Criminal Code of Ukraine, depending on the severity of the crime, the crimes are divided into crimes of low gravity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. Crime classification is inextricably linked to the principles of formal logic and the laws of dialectics. The analysis of the theoretical provisions of the classification of crimes shows that the current legislative definition of crimes of small gravity, medium gravity, grave and especially grave, - is constructed with the non-observance of some basic rules of formal logic concerning the necessity of using in one classification the same grounds and grounds . It should also be noted that the neglect of the typical sanction by the legislator as the sole classification criterion has led to the emergence of an additional formal criterion in the form of a fine, which in itself contradicts the generally accepted doctrinal provisions for constructing the classification.

ПРИНЦИПИ ДІЯЛЬНОСТІ АДВОКАТА ЯК УЧАСНИКА АДМІНІСТРАТИВНОГО СУДОЧИНСТВА

Розглянуто принципи діяльності адвоката як суб’єкта адміністративного судочинства, визначено їх зміст, а також здійснено їх класифікацію за такими критеріями, як джерело законодавчого визначення, предмет регулювання, сфера поширення. Дослідження проведено з використанням методів аналізу, синтезу та порівняння. Зроблено висновок, що під принципами адвокатської діяльності слід розуміти основні засади, ідеї, положення, які виступають основою (базисом) формування, організації та функціонування інституту адвокатури та адвоката як окремого учасника адміністративного судочинства. Правове визначення та перелік принципів діяльності адвоката в адміністративному судочинстві потребують нормативного закріплення.

ОСОБЛИВОСТІ УБЕЗПЕЧЕННЯ ІНФОРМАЦІЙНОГО ПРОСТОРУ ІТАЛІЇ В КОНТЕКСТІ РОЗВИТКУ ІНФОРМАЦІЙНО- КОМУНІКАТИВНИХ ТЕХНОЛОГІЙ

У статті досліджено особливості убезпечення інформаційного простору Італії в контексті розвитку інформаційно-комунікативних технологій. У роботі наведено нове розвʼязання актуальної наукової проблеми, що полягає в розробленні концептуальних та правових засад забезпечення інформаційної безпеки, а також практичних рекомендацій щодо вдосконалення механізмів її забезпечення. Отримані в процесі дослідження результати дають підстави стверджувати, що реалізація національних інтересів в інформаційній сфері буде дієвою в разі законодавчого визначення національних цінностей і зумовлених ними національних інтересів. Виходячи з розробленої моделі взаємодії національних цінностей, інтересів цілей та надбань в інформаційній сфері, ми запропонували основними критеріями оцінки негативного впливу на інформаційну безпеку держави вважати деструктивні трансформації національних цінностей в інформаційній сфері, які можливо встановлювати шляхом соціологічних опитувань і вивчення громадської думки. Такі критерії доцільно акумулювати в методологічній базі й на її підставі моніторити стан і динаміку вітчизняної інформаційної сфери, виявляти найбільш вразливі сфери. Запропоновано та обґрунтовано включити до об’єктів забезпечення інформаційної безпеки національні інтереси, цінності, цілі й надбання в інформаційній сфері; розроблено критерії оцінки негативного впливу загроз на стан інформаційної безпеки, якими запропоновано вважати деструктивні трансформації національних цінностей в інформаційній сфері, що дає змогу створити правове підґрунтя відповідної методологічної бази; виділено у вітчизняній системі інформаційного права нову складову частину – забезпечення інформаційної безпеки, а також проаналізовано причини й передумови її виникнення; у системі інформаційно-психологічного складника інформаційної безпеки виокремлено такі елементи, як духовна, воєнна, соціальна, економічна, екологічна та глобальна безпека й змістовно схарактеризовано взаємозв’язки між ними, що дало змогу врахувати сучасні загрози та розробити пріоритетні напрями державної політики забезпечення інформаційної безпеки.

Charity Law Reform in Canada: Moving from Patchwork to Substantive Reform

This article explores the history of charity law reform in Canada, focusing on calls for a legislative definition of charitable purposes and changes to the political activity rules. It traces the trajectory of three periods of charity law reform advocacy in Canada since 1978, during which advocates have called not only for reform to the political activity rules but also more broadly for the modernization of Canadian charity law. Despite decades of charity law reform proposals, most charity law reform in Canada to date has constituted a patchwork of administrative and legal changes. Canadian charity law is at a crossroads after the broad recommendations of the 2017 Report of the Consultation Panel on the Political Activities of Charities and the 2018 legislative changes eliminating certain restrictions on charities’ political activities. It is time for more substantive charity law reform, drawing from multiple law reform proposals presented over the last 40 years, and from charity law reform in other jurisdictions.

Formation of legal definition of employment contract: from L. Tal to Labor Law Project

The Constitution of Ukraine guarantees to everyone the right to labour, including the possibility to earn one's living by labour that he or she freely chooses or to which he or she freely agrees. The State creates conditions for citizens to fully realise their right to labour, guarantees equal opportunities in the choice of profession and of types of labour activity.The main way to realize given right is to enter into an employment contract. The first scientist on the territory of Russian Empire who studied a nature of employment contract and its distinctions from civil contracts was Lev Tal (1866–1933). Beginning from 1922 Employment Contract has also passed a long historical way in the national legislation.Recently Cabinet of Ministers of Ukraine opened to the public a Project of new Labour Law. Its norms radically differs from the current legal regulation and offers a new reality for labor relations. Considering an importance of active discussion of new Project we decided to analyze a definition and main features of employment contract given in the Project and to compare it with previous legislative definitions. For this scientific achievements in this area were actively used.The explanatory note to the Project gives us an idea about general aim of new document. The latter is directed to set equal rules for business, to make rights and interests of employers and employees balanced, to stimulate a development of new businesses, to simplify a procedure of starting and ending labour relations, lowering an unemployment level etc. Analysis of definition and main features of employment contract given in the Project shows that balance between legislative and contractual regulation is changing – the share of second is strongly increasing.Concluding the research we state that the revolutionary changes offered by the Cabinet of Ministers of Ukraine can lead to situation when employees will not be able to defend themselves properly. As a result a unpredictable reaction from society can occur. Our suggestion is to continue a discussion of Project text and to use actively the scientific achievements accumulated by leading national and foreign schools of Labor Law.