Gaps In Legislation Research Articles

Normative and legal provision of social protection of employees of the National Police of Ukraine: today

The work examines the regulatory and legal provision of social protection of employees of the National Police of Ukraine in today's conditions. It is noted that one of the important and necessary state institutions in modern conditions is the National Police of Ukraine, which occupies one of the key positions, implementing the law enforcement function and performing a fairly wide range of tasks to protect the rights and freedoms of citizens, and therefore the social protection of the employees of this institution plays an important role value. However, until now, the social protection of police officers remains an unsolved problem, which creates obstacles on the way to the development and establishment of stability in society. Having analyzed the current national legislation on the social protection of employees of the National Police of Ukraine, it was concluded that despite the large volume of legal acts regulating the social protection of law enforcement officers and their family members, attention is drawn to the declarative nature of the norms and the nature of their optional implementation, as well there is a lack of a unified approach to the legal regulation of social protection of the studied category of workers. And as a result, although the social protection of employees of the National Police of Ukraine is provided for by a number of legal acts, many issues remain unresolved, especially in today's conditions. It is noted that despite a number of positive changes regarding the reform of the police system in Ukraine, it is necessary to pay more attention to social protection and gaps in the national legislation, the elimination of which will provide an opportunity to ensure the full functioning of the newly created and reformed units of the National Police of Ukraine. The task of reforming is primarily to ensure that there is a correspondence between tasks and functions, structure and people, and resource provision. Among other important issues is decent pay for the work of Ukrainian police officers, because the safety of citizens and the level of crime detection directly depend on their motivation. And that is why their salary must correspond to modern risks and realities, ensure stability, and only the law can guarantee this.

Legal Status of Cryptocurrency Circulation in Iraq: Lessons from the United Arab Emirates and the United States

The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, from prohibition to licensing and regulation. This article adopted a qualitative approach to analyse the legal status of cryptocurrency in the selected jurisdictions. The study finding shows that the Iraqi authorities do not have the technical or legal means to prevent the illegal use of cryptocurrencies. In addition, there is a large legislative gap with the developed countries, and lawmakers need to regulate cryptocurrencies by enacting laws to protect people from falling victim to fraud.

Analysis of the Environmental Legal Risk and Its Response for Multinational Corporations in Guangdong-Hong Kong-Macao Greater Bay Area from the Perspective of the Environmental Regulation Provisions

Guangdong-Hong Kong-Macao Greater Bay Area is one of the most attractive investment destinations with the highest degree of openness and the strongest economic vitality in China. This paper phases out the current state and prospect of environmental regulation in the GBA, especially unscramble the risks of environmental infringement and the benefits of proactively taking environmental responsibility from the standpoint of multinational corporations. Within the applicable environmental stipulates in international investment arbitration, the problems of the domestic environmental legislation, justice and governance include legislation gaps, professional barriers to the application of provisions in the judiciary, and the breadth of administrative powers. The underlying causes of these risks include the complexity of the environmental litigation triad, the unpredictability of the transition policies, and the all-encompassing developing of international investment arbitration. Against this background, multinational corporations are now coping with the most complex regulation system and bearing unpredictable risks for lack of adequacy comprehension. The anatomy in this paper is intended to assist multinational corporations fully consider the legal risks and costs during decision-making, and introduce the feasible methods in clarifying the corporation's internal liabilities.

National Policies on Parental Leave and Breastfeeding Breaks: Racial, Ethnic, Gender, and Age Disparities in Access and Implications for Infant and Child Health.

Parental leave and breastfeeding breaks influence the ability to initiate and continue breastfeeding. We investigated how eligibility criteria in the Family and Medical Leave Act (FMLA) and Affordable Care Act (ACA) affect access to unpaid parental leave and breastfeeding breaks and assessed affordability and alternative policy models. We used family income data to assess the affordability of unpaid leave by race and ethnicity. We used 2017-2018 US Current Population Survey data to determine the percentage of private sector workers aged 18-44 years who met the minimum hour (1250 hours of work during a 12-month period), tenure (12 months), and firm size (≥50 employees) requirements of FMLA and ACA. We analyzed eligibility by gender, race and ethnicity, and age. We also examined parental leave and breastfeeding break policies in 193 countries. Most Latinx (66.9%), Black (60.2%), and White (55.3%) workers were ineligible and/or unlikely to be able to afford to take unpaid FMLA leave. Of 69 534 workers, more women (16.9%) than men (10.3%) did not meet the minimum hour requirement. Minimum tenure excluded 23.7% of all workers and 42.2% of women aged 18-24 years. Minimum firm size excluded 30.3% of all workers and 37.7% of Latinx workers. Of 27 520 women, 28.8% (including 32.9% of Latina women) were excluded from ACA breastfeeding breaks because of firm size. Nearly all other countries guaranteed mothers paid leave regardless of firm size or minimum hours and guaranteed ≥6 months of paid leave or breastfeeding breaks. Adopting a comprehensive, inclusive paid parental leave policy and closing gaps in breastfeeding break legislation would remove work-related barriers to breastfeeding; reduce racial, ethnic, and gender inequities; and align US national policies with global norms.

Problems of Forensic Economic Expertise in Challenging Transactions with Intellectual Property in the Bankruptcy Case of a Bank

The subject of the study is the theoretical and methodological foundations of forensic economic expertise. The object of the study is judicial economic expertise when challenging transactions in bank bankruptcy cases. The author examines in detail such aspects of the topic as forensic economic expertise, the classification of which was analyzed on the basis of existing regulations, problems were identified and conclusions were drawn. The role of expertise in the recognition of transactions, the subject of which is a trademark or domain name, is invalid in the framework of the consideration of bank insolvency cases. Particular attention is paid to the importance of forensic economic expertise, due to the impossibility of making the right decision without its implementation in bank bankruptcy cases. The main conclusions of the study are proposals for the introduction of the concept of complex expertise, the elimination of gaps in legislation that have arisen due to the fact that the legislative institute lags behind the development of expert science and each expert performs conclusions due to his knowledge and experience, generating a variety of approaches to the assessment of the object. The article deals with the problems of expertise, both in bankruptcy cases of credit institutions, and in general at the level of legislative regulation. Based on the results of the conceptual analysis of the forensic economic examination, having considered a particular example from judicial practice, taking into account the attribution of an insolvent bank to a special category of subjects, the author made proposals to improve the institute of expertise.

The Principle of "Mirror Reflection" in the Rights and Obligations of Participants in Foreign Economic Activity and Customs Authorities

The subject of the study is the relationship between the rights and obligations of participants in foreign economic activity and customs authorities, namely, the implementation of the principle of "mirror reflection" in the complex formation of rights and obligations. The purpose of the study is to search for gaps in customs legislation that do not directly link the rights and obligations of customs subjects, as well as to develop recommendations for its amendment. The methodological basis of the study was a comparative analysis of the rights and obligations of customs authorities and their officials with the rights and obligations of participants in foreign economic activity, in particular, declarants, persons subject to customs inspection, and other participants. The novelty of the research lies in the formation and justification of the principle of "mirror reflection" when introducing the rights and obligations of the main counterparties in customs. The study revealed a discrepancy between the rights and obligations of the parties, both in the context of the relations "customs authorities – participants in foreign economic activity", and when comparing the rights and obligations of each of the parties. It was also shown that they are not presented systematically and in full in regulatory legal acts, and their implementation is hindered by the lack of an effective mechanism. The results of the study can be used by the legislative power of the country to amend customs legislation and customs authorities to regulate relations with participants in foreign economic activity. The article develops recommendations for improving the legal basis of relations for customs entities, in particular, it is proposed to bring the rights and obligations of the parties into full compliance, as well as to justify the mechanism of their action within each right and obligation.

Some aspects of the domestic and cross-border bankruptcy procedures in Ukraine

The provisions of Article 7 of the Code of Ukraine on Bankruptcy Proceedings on determination of the rules of concentration of disputes in bankruptcy proceeding were studied. As well as that it was proved that these legal provisions could be applied to property and non-property disputes. It is stated that the case taken by the court for consideration in accordance with the rules of subject-matter jurisdiction due to the rules of Article 7 of the Code of Ukraine on Bankruptcy Proceedings should be considered by this court even if during the consideration of the case it fall under the jurisdiction of another court. In case of closure of the bankruptcy proceeding the disputes with the debtor should be still considered by the judge to whom these disputes had been transferred in accordance with the law. Such conclusions are supported by the court practice.
 The effectiveness and expediency to consider in the bankruptcy proceeding economic and other disputes were emphasized.
 It was highlighted that the Code of Ukraine on Bankruptcy Proceedings did not clearly define all the procedural issues of the procedure of recognition of cross-border bankruptcy proceeding, for instance, as to the priority of procedures in such bankruptcy cases, that was opened in the Ukrainian and foreign courts; about participants of such procedure; about legal procedures that must be applied in such bankruptcy cases. In the same vein in national legislation it is not defined what is the legal order of satisfaction of creditors’ claims in cross-border insolvency procedure. This problem has to be solved on the legislative level. While fulfilling of this legislative gap the rules of the Article 32 of UNCITRAL Model Law on Cross-Border Insolvency may be taken into account.
 As was proposed, in the absence of international treaties of Ukraine the decisions of foreign states in bankruptcy cases should be recognized on the territory of Ukraine on the reciprocity principle, unless otherwise provided by law

Anti-corruption regulation of a former civil public servant’s participation in the bodies of a legal entity

The article presents the problematic issues of anti-corruption regulation to prevent conflicts of interest when a former state and municipal employee is engaged in activities carried out for remuneration as a member of a collegial body of management or control of legal entities. The author points out the gaps in the anti-corruption legislation in terms of the lack of any control procedures in order to prevent a possible conflict of interest when nominating as a candidate and electing a former state or municipal employee to the management or control bodies of a business entity, in respect of which during his official activities exercised certain functions of state, municipal (administrative) management, including control or supervision, and receiving remuneration for work in such bodies of a business entity. An analysis of the risks of a conflict of public and private interests with the participation of former state or municipal employees in the management and control bodies of commercial and non-profit organizations is given. Possible solutions to this problem are proposed on the basis of the current system of the procedure for resolving a possible conflict of interest when concluding an employment contract or a civil law contract for the performance of work (services) with a former state or municipal employee, taking into account the specifics of corporate relations in business entities.

Improvement and Transformation of Companies’ Tax Management Practices

An important process in companys tax management is the formation and optimisation of an accounting policy for tax purposes that can ensure an increase in the mass of tax benefits for an economic entity - a taxpayer. The paper substantiates the relevance and necessity of tax management. The purpose of tax management is to increase the economic efficiency of an economic entity and to ensure the entity is economically and legally secure. Tax management also functions as a tool for the entity's success hence accurate and complete information and methodological support are needed for its execution. The author considers the lower level of tax management the level of taxpayer organisations whose main task is to maintain and increase their financial well-being. The tax legislation of the Russian Federation uses the term accounting policy for tax purposes. The policy acts as a documentary confirmation of the methods chosen by a company to optimise tax payments within the legal framework. The author views the features of the process and procedure for the formation of an accounting tax policy, and in the context of the identified features provides directions for improving the accounting policy document. The gradual expansion of understanding of the meaning and functionality of tax management for a company is also pointed out. The traditional understanding was assumed to be the basis of tax management activity, the search for gaps in tax legislation and their use to the benefit of the company at the operational-tactical level. It is now believed that tax management should be strategic, including cooperation with government agencies in order to change the legal system and to create new exemptions for specific industries and types of enterprises.

How are excellence and trust for using artificial intelligence ensured? Evaluation of its current use in EU healthcare

Context: Artificial intelligence (AI) could be a key driver in different healthcare dossiers, ranging from preventive to diagnostic and treatment purposes. The establishment of the Artificial Intelligence High-Level Expert Group in the European Commission, as well as their White Paper, show first attempts of creating policies in the domain of artificial intelligence in the EU. Despite these policy approaches, there is a need for a coherent regulatory framework that enables the efficient use of AI in the field of health. The aim of this policy brief is to evaluate current legislative gaps in terms of the introduction of AI in healthcare, focusing on the domains of Data Protection, Liability & Transparency, as well as Robustness & Accuracy. Policy Options: This policy brief identified a high degree of eHealth infrastructure fragmentation on member state level and limited action towards a structured and coherent framework for AI in healthcare, under the domains of Data Protection, Liability & Transparency, and Robustness & Accuracy. Recommendations: A unified approach at EU-level, based on proposed recommendations and merged into the form of a Directive, is advised. The development of the Health-AI-Directive will bring progress and improvement to legal certainty in the European AI-landscape. The introduction of the Health-AI-Directive is recommended to ensure trust and excellence in the use of AI in healthcare.

Legal Gaps: Concept, Content, Problems of the Role of Legal Doctrine in Overcoming them

Abstract The presented article considers the essence and content of the most common defect in legal science—“legal gaps”. This study presents various scientific approaches to the definition of legal gaps. Considering various scientific approaches, the authors of this study formulated their original version of this concept considering its absence from the theory of penitentiary law. The study analyses the main conceptual approaches to the problem of the progressiveness of law in the historical context. The main features of legal gaps are named to become able to distinguish them from conflicts of law. The authors outlined a set of features indicating the presence of a legislative gap in a particular case and provided a scientifically sound classification of gaps. The article also focused on the main types of legal gaps. In addition, the authors addressed the presence of legal gaps in Ukrainian legislation. The originality of this study lies in the formulation of new theoretical conclusions and generalizations that will help identify, eliminate, and overcome gaps in civil procedural law.

Учет приоритетности принципов охраны здоровья в патентных правоотношениях

The correlation aspects of civil rights, in particular, in the field of intellectual property, and the constitutional law to health care and medical care are analyzed. Thus, the constitutionally significant principles that reveal the essence of this constitutional law and contained in the sectoral legislation in the healthcare field, including the need to ensure principle the availability of medicines, are concretized. At the same time, a significant gap in Russian legislation is indicated in lack terms of a clear principle specification of the need to ensure the availability of medical devices. Special attention is paid to the issues of ensuring the right of citizens to receive the most effective medical care and gaps in the legislative effectiveness and availability regulation of medicines and medical devices. The main civil law principles and conditions for restricting civil rights in order to protect the health of Russian residents are considered, followed by a priority in civil law relations justification, including in patent law, of the identified constitutionally significant principles that reveal the constitutional law essence to health care. It has also been proved that the need to ensure the conditions for the right realization to health protection of Russians, for example, the availability of medicines and medical devices, can serve as a basis for limiting exclusive rights in patent legal relations (in particular, the relevant foreign patent holders in the conditions of inaccessibility or insufficient availability of medical products in conditions foreign sanctions).

Socio-legal problems of division of jointly acquired property of spouses

To identify gaps in legislation when regulating the relations of spouses on the division of common property in court, as well as to formulate proposals for the modernization of legislation in the field of property relations of spouses. The following methods were used in the work: system, dialectical, comparative legal, analysis, and synthesis. Based on the identified gaps in the legislation, it is important to introduce the most expanded concept of "spouse's noteworthy interest" when departing from the equality of shares and the division of the common property of spouses. And we also suggest that the courts, when resolving such a category of cases, be guided not only by the fundamental principle of "equality of shares", but also apply the principle of "justice", which is most widely used in foreign countries with the Anglo-Saxon legal family. The study not only identified existing gaps in legislation but also conducted a comparative analysis with foreign regulation of the issue. It cannot be argued that family law is outdated. However, relations in society are subject to development, which should be considered by the legislator when reforming the regulatory framework. The article has a high value because it is an attempt to introduce recommendations on reforming family legislation in Russia based on comparison with foreign experience and will create the possibility of an individual approach to resolving cases in the sphere of property relations of spouses.

Expertise as a Control and Supervisory Action: Gaps in Legislation

Subject of study. Provisions of Federal Law No. 248-FZ of 31.07.2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" concerning the procedure for implementing the powers of an inspector to engage an expert or expert organization to conduct an examination when carrying out a control (supervisory) measure. The purpose of the study. Justification of the need to supplement and specify normative legal acts, in terms of establishing requirements to the execution of the inspector's decision to conduct an examination, the content of the expert assignment, the timing and method of sending it to the expert, the procedure for notifying the supervised person about the examination, the content and execution of the expert report. The method and methodology of the study. The formal-logical, formal-legal, sociological methods of research, the method of system analysis and the method of legal interpretation were used during the study. Novelty of research, conclusions. The article defines the place and importance of the institute of expertise in the sphere of control and supervisory activity. Expertise acts as an independent control (supervisory) action, providing research on issues, the resolution of which requires special knowledge in various fields of science, technology, arts or crafts. Organization of expertise in the sphere of control and supervisory activity is one of the important powers of an official of a control and supervisory body (inspector), the implementation of which allows getting a professional assessment of compliance with mandatory requirements by a supervised person. In the course of a systematic analysis the basic provisions of expert activities in the field of state control and supervision were formulated, gaps in legislation were identified in terms of regulation of the procedure for implementing the powers of an inspector to engage an expert or expert organization to conduct an examination during the implementation of control (supervisory) activities. It is established that the normative provisions of expert activities in the field of state control and supervision require improvement. The author of the article substantiates possible ways to eliminate the identified normative gaps.

Povreda arbitražnog sporazuma, izostanak tuženog sa ročišta i fluktuacija modela Njujorške konvencije - italijanski i brazilski primeri

The aim of this Article is to assess what is the effectiveness of an arbitration agreement in the face of a plaintiff's will to activate the procedure not before the Arbitral Tribunal, but using legal proceedings before the ordinary courts, in the particular case of the other party failing to enter an appearance and file its response in litigation. The hypothesis of this paper, therefore, refer to situations where the contumacy of the party before the Court (i.e., defaulting defendant in litigation) - in certain cases - is not protected by law, and whether this legislative gap should be filled. The problem relates to the defaulting of defendant in litigation, despite an existing arbitration agreement whose validity is not questioned by the plaintiff. This solution varies depending on the system and does not apply where the legislative gap has been eliminated by national regulation. In order to solve that question will be analysed Article II.3 NY Convention, Art. 8(1) UNCITRAL Model on International Commercial Arbitration and the Italian and Brazilian Legal Systems.

РЕАЛІЗАЦІЯ МЕХАНІЗМІВ ДЕРЖАВНОГО УПРАВЛІННЯ ЯКІСТЮ ВИЩОЇ ОСВІТИ: ВИКЛИКИ ТА НАПРЯМИ ВДОСКОНАЛЕННЯ

Integration of higher education systems into the globalized world is a critically important process aimed at enhancing the quality and relevance of education at the international level. The study examines the mechanisms of state quality management in higher education with a focus on the Ukrainian educational landscape and its alignment with European standards. The study addresses a multifaceted concept of higher education quality, encompassing various dimensions such as the relevance of educational programs, competence of instructors, adequacy of infrastructure, and overall support for learners. Understanding these key components is fundamental for the development of effective mechanisms to ensure the quality of higher education. The study emphasizes the role of the regulatory framework in shaping educational standards. These standards, influenced by the best international practices, are crucial for ensuring consistency, transparency, and accountability in the higher education sector. A number of problems have been identified in the implementation of mechanisms for state quality management in higher education, including inadequate funding, gaps in legislation, and the ineffectiveness of evaluation systems. In response to these existing challenges, proactive directions for improving the situation are proposed. Strengthening the financial foundation of the education system is deemed critically important to provide adequate resources for higher education institutions. Essential steps include reforming the system of state governance and improving the legislative framework to meet evolving educational needs. Additionally, optimizing evaluation and accreditation processes emerges as a key strategy for continuous enhancement and support of education quality. The importance of ongoing development and enhancement of mechanisms for state management of higher education quality is underscored. The proposed improvement directions serve as a roadmap for policymakers, educational institutions, and stakeholders to elevate the quality of higher education. By adopting contemporary strategies, educational systems can ensure not only harmonization with global standards but also equip learners with the skills and knowledge necessary to succeed in an ever-changing world.

К проблемам дальнейшего совершенствования Главы 22 Уголовного кодекса Российской Федерации

The article analyzes the changes to Chapter 22 of the Criminal Code of the Russian Federation on the basis of the Federal Laws of the Russian Federation No. 215-FZ of June 11, 2021, No. 216-FZ of June 11, 2021, No. 241-FZ of July 1, 2021, No. 248-FZ of July 01, 2021, No. 262-FZ of July 1, 2021, and No. 293-FZ of July 01, 2021. It has been established that the changes introduced by these Laws are not enough to improve the Chapter in full. After the introduction of the indicated changes, Chapter 22 of the Criminal Code of the Russian Federation was supplemented with a new law - Article 171.5, which provides for liability for “illegal provision of consumer loans”, which indicates the “expansion” of criminal law interference in the sphere of economic activity. The “expansion” was to eliminate the legislative gap in this Chapter. The changes also “expanded” the scope of Article 183 of the Criminal Code of the Russian Federation, since its new edition provides for liability for a greater number of criminally punishable methods of obtaining tax, banking and commercial secrets, like blackmail, deceit, and coercion. Moreover, the indicated changes “expanded” the scope of Articles 195 and 196 of the Criminal Code of the Russian Federation. Their new editions determine the qualifying signs of committing criminal bankruptcies. Besides, the scopes of application of other norms that make up Chapter 22 of the Criminal Code of the Russian Federation have also been “expanded” - for example, the new version of Article 194 of the Criminal Code of the Russian Federation, along with evasion from paying customs duties, establishes liability for evading payment of special, anti-dumping and / or countervailing duties. In the new wording of Article 172.1 of the Criminal Code of the Russian Federation, liability for forging financial accounting and reporting documents has been extended to foreign insurance companies operating in the Russian Federation. The new version of Article 171.1 of the Criminal Code of the Russian Federation also provides for liability for the use of knowingly counterfeit means of identification for marking goods. However, the author has analysed the shortcomings of the legislative structure of Article 191 of the Criminal Code of the Russian Federation and concluded that, despite all those changes, there are still problems of further improvement of Chapter 22. Having analysed the rest of Chapter 22 of the Criminal Code of the Russian Federation using the comparative and analytical method, the author argues that out of 60 provisions that make up Chapter 22 of the Criminal Code of the Russian Federation, only 12 of them are applied. The remaining 48 provisions are practically inapplicable. Moreover, there is a significant legislative gap in this Chapter, since there are no provisions providing for criminal liability for committing crimes of a raider nature. Some of the provisions are varieties of acts that do not constitute an encroachment on social relations in the field of economic activity. Thus, further improvement of Chapter 22 of the Criminal Code of the Russian Federation requires, on the one hand, the formation of a range of acts that, by their legal nature, are attacks on business and competition relations. This range of acts can be formed through both the criminalization of new acts, which are criminal attacks on these relations, and the decriminalization of acts, the fight against which is possible with less repressive, non-criminal measures, as well as acts that are not attacks on these relations. On the other hand, the problems can be solved by the “transfer” of individual acts prohibited by Chapter 22, which are crimes of minor gravity, into the category of criminal offenses. In the future, Chapter 22 may also include new laws, which would provide for criminal liability for committing crimes of minor gravity.

Unconstitutional Actions and a Legislative Gap: Were the Actions of the Head of the Ukrainian Supreme Court in Terminating the Powers of Judge Lvov Legal?

Unconstitutional Actions and a Legislative Gap: Were the Actions of the Head of the Ukrainian Supreme Court in Terminating the Powers of Judge Lvov Legal?

ЩОДО УДОСКОНАЛЕННЯ ДИСПОЗИЦІЙ ЧАСТИН ТРЕТЬОЇ ТА ШОСТОЇ СТАТТІ 111-1... КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

Ukrainian scholars argue that until 2014, research of collaborationism in Ukraine was mostly related to the events of the Second World War and was studied by historians rather than lawyers. The historical aspects of collaboration and responsibility for it during and after the Second World War are covered in hundreds of monographs, doctoral and PhD dissertations, other academic publications, articles and theses at scientific forums. Since 2014, due to the aggression of the russian federation against Ukraine, the matter of responding to this phenomenon has arisen, by regulatory means as well. However, the attempts to standardize legislation on collaboration activities were incomplete, the drafts had vague wording, and there was no clear distinction between types and forms of collaboration. The adoption of the Law on Collaboration, which supplemented the Criminal Code of Ukraine with Article 1111 , took place after the full-scale invasion by the russian federation in Ukraine on February 242022. There were several draft laws, but the choice of the final version took place in conditions of shortage of time, the text of the article of the Code, as it turned out later, was not flawless. Purpose of the article – is to focus the attention of scientists and practitioners on certain inaccuracies, contradictions, gaps and discrepancies existing in the dispositions of Art. 3 and 6 Art. 1111 of the Criminal Code of Ukraine, and formulate proposals for their professional discussion and further consideration of the possibility of taking into account the improvement of the text of this article of the Code. The main result of the study is the comprehension that collaboration activities for a long time will constitute a significant social and legal problem in the state and society. In this regard, in order to fulfill the tasks of the Criminal Code of Ukraine, scientific research of its various forms will remain relevant for a long time. While studying the content of Art. 1111 of the Criminal Code of Ukraine certain inaccuracies and contradictions were distinguished in the text of the Criminal Code. 3 and 6 of this article; gaps in domestic legislation regarding the definition of certain concepts, which forces law enforcement officers to interpret them; inconsistencies in the terms used in Art. 1111 of the Criminal Code of Ukraine, with the terms used in the legislation of Ukraine and international regulations.

Правовые аспекты договора лизинга и особенности лизинговых правоотношений в современной России

The relevance of the study of stated topic is due to the rapid development of various types of legal relations in Russian civil society, and directly in legal relations related to entrepreneurship and other economic activities. The active development of a market economy in our country requires a large amount of funding in various areas of production. The state policy in the field of economic development is maximally aimed at developing and supporting various levels of business. The use of leasing significantly helps the development of entrepreneurship. The purpose of the study is to identify theoretical points that require revision and clarification both on the part of the scientific community and on the part of practicing lawyers, as well as to identify gaps in the current legislation in the field of leasing. Based on the above goal, we form the following tasks: to investigate the position of the leasing agreement in modern legislation and civil law doctrine, to identify the weaknesses of the legal regulation of the leasing agreement, to identify legal and technical shortcomings of regulatory legal acts in the field of the financial lease agreement. Methods used in the course of the study: analysis, synthesis, historical and legal method, comparative legal method. The practical value of the material is due to the fact that the results of the study can be used when concluding, changing and terminating a financial lease agreement, as well as in further reforming this area of civil law. The theoretical value lies in the possibility of using the materials of the study in the further study of the financial lease agreement, as well as in the study and teaching of civil law disciplines. As a result of the study, the gaps in the civilistic doctrine regarding the leasing agreement are identified, the conclusion is made about the need to single out the leasing agreement as a separate category of agreements, the need to make the term of the leasing agreement as a mandatory condition is determined, the current legislation is analyzed from the point of view of its compliance with the practice of applying the leasing agreement, as well as from legal and technical standards.