Legislative Innovations Research Articles

Rethinking Sentience: Invertebrates as Worthy of Moral Consideration

The ethical debate on the moral consideration of non-human animals (hereafter animals) is currently centred on the evidence of sentience in these individuals. Legal protection for vertebrates and cephalopods (and decapods in the UK) has resulted from the recognition of sentience in these animals. Although one should celebrate the significant advances in the legal protection of animals in recent decades, current animal legislation is modulated by an instrumental viewpoint, remaining speciesist and anthropocentric. A sentient being is here understood as one who has the phenomenological experience of awareness, which is the most basic sense of phenomenal consciousness that implies the existence of a subject who is not indifferent to what happens to itself. This paper demonstrates, with reasonable assumptions, that this concept of sentience would apply to many invertebrate species, thus deeming them worthy of increased moral consideration and legal protection. In cases in which sentience cannot be demonstrated clearly, one should assume the precautionary principle and consider the intrinsic value of each animal to designate moral consideration. In considering sentience as the primary condition for moral consideration, science must expand who is recognized as sentient rather than being reductionist. Animal ethics must review to whom the moral consideration should be given. Animal legislation must include legislative innovations and invertebrates in its protective scope. Thereby, a significant improvement in the current political and legislative decisions would be rooted in animal ethics. Opening the ethical perception and broadening the debate are urgent, as moral consideration should be given to all animals.

Involvement of minors in committing crimes: innovations in foreign criminal legislation

This work examines the changes in the criminal legislation of some foreign countries over the period from 2017 to 2024. The innovations cover independent elements of crimes that establish responsibility for involvement minors in the committing crimes. Familiarization with changes in foreign legislation allows us to evaluate the nature of the «involvement» construct and its content from a different perspective. The provisions of foreign legislation are also considered in relation to Article 150 of the Criminal Code of the Russian Federation. In addition, the author describes the prerequisites for the emergence of legislative initiatives in the field under study. The legislation of some foreign countries does not allow for the prosecution of adults who involve minors in committing crimes. The problem is related to the limited legal provisions on human trafficking, according to which these actions are qualified. The author suggests calling this approach the «Palermo model», in accordance with the protocol of the same name of an international legal nature in the context of combating human trafficking. The inconsistency of this approach and the prospects for the formation of independent models of protection of minors from involvement in the commission of crimes are stated. In conclusion, the author cites the advantages and disadvantages of the considered examples of legal regulation, promising experience and the problem of insufficient interstate cooperation on child protection in the field under study.

The Discursive Nature of the Prosecution and Defense

Introduction: the adversarial nature and equality of the parties are defined as the main principles of Russian criminal procedure (Part 3 of Article 123 of the Constitution of the Russian Federation, Article 15 of the Code of Criminal Procedure of the Russian Federation). The Constitutional Court of the Russian Federation defines the equality of the parties as the basis for the formation of the necessary guarantee of defense and fair trial of the case and states that the latter is impossible if the court has not assessed on the merits all the arguments and circumstances presented during the trial by its parties on the part of the prosecution and defense and has not provided them with equal procedural rights. The paper deals with the study of certain aspects of the balance of such categories as legal liability, criminal liability, prosecution, and defense. Purpose: to analyze the trends formed in the doctrine related to the resolution of urgent problems in terms of establishing the correlation of such concepts: legal liability, criminal responsibility, criminal procedural responsibility, prosecution, and defense. Methods: the general scientific dialectical method of cognition, a systematic approach, as well as the general scientific (deduction and induction) and specific scientific methods (logical and legal analysis and synthesis). Results: the current issues of the theory and law enforcement practice regarding the nature, types, and structure of prosecution and defense in criminal procedure are investigated. Conclusions: despite the ongoing discussions regarding the nature of the prosecution and defense in court procedure, a significant number of issues remain unresolved and require further detailed scientific analysis. First of all, the study of the defense function, which contributes to the realization of the rights granted to the accused, should certainly contribute to the development of new theoretical approaches and legislative innovations.

AGE AND DISCRIMINATION

The article is devoted to the consideration of the issue of discrimination against persons of different age groups in relations in the private legal sphere. Attention is drawn to the fact that discrimination can be observed not only in labor, but also in housing, family and other legal relations. It is shown that the basis for discrimination is the imperfection of regulatory legal acts in the initial period of their validity, which is explained by the difficulties of forecasting and taking into account possible risks; however, introducing changes to legislative acts makes it possible to correct the situation in a timely manner - to eliminate discriminatory assumptions. The article provides examples and judicial practice confirming these conclusions. It is proposed that when new regulations are adopted, they should be assessed for their discriminatory component in order to eliminate future situations of infringement of the rights or discrimination of certain social groups of citizens. In particular, it is proposed to carry out a particularly thorough assessment of the absence of discrimination in regulatory legal acts in relation to citizens in need of special social protection. At the same time, it is proposed to take into account the possibility of direct and indirect discrimination, features of the use of digital technologies and artificial intelligence; and carry out reforms and innovations in legislation taking into account ethical standards, international experience and judicial practice.

Social dialogue as a contractual tool for regulating the right to work

The essence of social dialogue as a legal phenomenon has been analysed, with one of its main objectives being the implementation of contractual legal regulation of labour and social rights through reconciliation and compromises. Attention is drawn to international interest in the application of social dialogue procedures within the legal mechanism for ensuring the labour and social rights of workers. Focus is given to the form of social dialogue involving collective bargaining for the conclusion of collective agreements and contracts. The study provides a detailed analysis of certain conclusions made by the European Committee of Social Rights regarding reports from the member states of the European Social Charter (revised) on the compliance of their national legislation with the provisions of this Charter. Certain aspects of the implementation of the right to collective bargaining, enshrined in Article 6 §2 of this international treaty, are highlighted. Attention is drawn to the fact that if an industry agreement includes provisions allowing for the non-application of some of its clauses - thereby initiating a mechanism that restricts the right to work for individuals covered by this agreement or complicates the procedures for exercising the right to work - clear contractual legal conditions for applying these norms must be established. The parties to the industry agreement must define the conditions and procedures under which such a non-application clause may be invoked. The article examines the limitations of this right within the context of wage regulation. It is noted that if a collective agreement or contract has been duly concluded by the subjects of contractual regulation, any unilateral interference with its provisions can only be justified by the need to protect the rights of other workers or safeguard public interests, national security, public health, etc. The importance of improving collective contractual regulation of labour relations through mechanisms of social dialogue is emphasized, as the anticipated reform of labour legislation foresees an expansion of labour and social rights, which will need to be defined in collective agreements and contracts. The issue of the representativeness of the parties involved in social dialogue is addressed through an analysis of innovations in Ukrainian labour legislation.

Restriction of Passive Suffrage in the Legislation of the Russian Federation

Introduction. Suffrage is one of the most frequently reformed areas of the national legislation of the Russian Federation. Permanent law making activity and its further interpretation in the frame of law enforcement practices of holding the elections to public authorities not only fail to resolve the disputable issues, but arise the new ones referring to the electoral system regulation. The most important objective in the present day studies of the passive suffrage is to identify the legal collisions and make proposals for filling in the legal gaps encountered by the law enforcers in the context of the tasks set forth before them, i.e. to ensure implementation of the passive suffrage of the candidates. Nowadays, the need to carry out the legal analysis of the impact imposed by the conceptual legislative innovations on using the right to passive suffrage has become evident. The aim of this paper is to analyse the existing restrictions of passive suffrage, as well as to study the eligibility and limits of these restrictions.Materials and Methods. In the article, the recently published works of native scientists, the mass media materials, federal legislation, decisions of the Constitutional Court of the Russian Federation in the studied area, the regulatory legal acts adopted by the Central Election Commission of the Russian Federation, as well as the results of the work of the election commissions have been analysed. The study was based on such commonly accepted methods of scientific cognition as the dialectical and dogmatic-legal methods, as well as the methods of analysis, synthesis, induction and deduction.Results. The issues of legitimacy of establishing the additional restrictions to the rights of citizens have been investigated. The conclusion has been made not only of great importance to protect the human rights and freedoms, but of urgent need to comply with the legal restrictions of these rights. The concepts of restrictions and violations of the human and civil rights and freedoms have been differentiated, and the statutory expression of the suffrage restrictions has been analysed. Except for the constitutional provisions (legal capability and criminal record), the content of the additional restrictions introduced at the federal level and referring to the age, residence qualification, presence or absence of a criminal record of committed crimes and torts of extremism has also been disclosed.Discussion and Conclusion. The essence of the passive suffrage restrictions implies imposing the certain requirements and conditions on a person for him to acquire the eligibility to stand as a candidate in the elections to the public authorities. The system of suffrage restrictions is designed to ensure the high-quality of formation, complete functionality and professionalism of the elected authorities and officials, however could also become a tool for fighting against the opposition.

Natural Therapeutic Resources of the Russian Federation: Updated Legislation and Medical Aspects of their Application

The article outlines the provisions of the modern regulatory framework that regulates the work of health spa (sanatorium) organizations and the use of natural healing resources for therapeutic purposes. The legislative innovations, the main tasks and problems of the development of the spa and resort industry from a medical point of view are described. The historical background of the development of the spa and resort medical industry in the context of natural resources is presented. It describes the development of health resort business in Russia from the emergence of the first sanatorium to the present day.

Innovation in Legislation and Its Role in Stimulating the Development of Legal Administration: An Analytical Study in Legal Institutions

The research aims to understand the impact of innovation in legislation on the development of legal management. We depended on 3 dimensions: (Flexibility –Transparency Inclusiveness). A sample such as a hundred employees become drawn, representing 50% of the populace size. A questionnaire become used to acquire the desired information, and the facts were analyzed the usage of SPSS 25 statistical software. The researcher dispensed 160 research bureaucracy and retrieved a 125 questionnaires, representing a reaction charge of 78%. There had been 25 invalid questionnaires for evaluation, accounting for 15.6%. Thus, 100 valid questionnaires had been obtained, forming the studies pattern with a reaction charge of 62.5 %. A set of statistical techniques changed into hired, such as imply calculation, correlation coefficient, and simple regression analysis, further to the use of a five point Likert scale for individual responses inside the sample. The studies concluded with several findings, the most vital of which might be: There is a vast impact of innovation in rules throughout its studied dimensions in stimulating the improvement of legal management. The researcher recommended the need of increasing funding in legislative development by allocating extra financial resources and human capital to enhance the prison infrastructure.

Параллельный импорт как актуальная проблема правового обеспечения государственного регулирования предпринимательской деятельности

The significance of this research topic emerges from the evolution within the legal framework support-ing state regulation of entrepreneurial activities, alongside significant shifts in the economic sphere of state affairs. These shifts prompt a legislative response to new challenges. A focal issue is the cessation of partnerships between Western corporations and the Russian market, coupled with the rise of «parallel imports». This phenomenon entails the legal purchase of goods listed by the Ministry of Industry and Trade from abroad, even if they originate from countries that lack amicable ties with Russia. The purpose of the study is to consider one of the urgent problems of legal support for state regulation of entrepreneurial activity – the legislative technique of legalizing parallel imports. Materials and methods. The research materials were normative legal acts of the Russian Federation, monographic studies and scientific articles by domestic theorists and practitioners on the legal support of state regulation of entrepreneurial activity. The main methods of scientific research include the normative and comparative legal method. Results and conclusions. It should be noted that the system of legal regulation of parallel imports and exemption from liability of the business sector for its implementation has formed a number of problematic issues in practice. In particular, according to legislative innovations, the ban on the use of intellectual property objects through their parallel import is a thing of the past, however, the wording and legal structure of the changes that have entered into force are of concern, the literal interpretation of which allows us to conclude that at the moment any entrepreneur can freely adapt the methods of acquiring intellectual property objects of foreign rightholders for further resale whose product is subject to parallel import, which does not correspond to the main objectives of the law. In general, considering the controversial nature of parallel imports, it should be concluded that this procedure is not new to international legal doctrine and is applicable in the civil turnover of many countries. The purpose of legalizing parallel imports is seen in providing support to the domestic business sector through limiting a number of economic benefits for foreign producers, which is temporary.

Особливості проведення слідчих (розшукових) дій (допиту) в умовах воєнного стану

The article is devoted to the study of the peculiarities of conducting investigative actions (interrogation) caused by the introduction of martial law on the territory of Ukraine. The article analyzes the legislative innovations that were established in connection with the full-scale invasion of the Russian Federation into the territory of the state, in particular, the possibility of using as evidence by the court the video recording of the statements that were given to the prosecutor, the investigator in the conditions of martial law, as well as recording the course and results of the interrogation of the victim, suspect or witnesses (with the participation of a defense attorney) using available technical means of video recording, which are aimed at increasing the level of protection of citizens’ rights. The significance and relevance of the question of interrogating a witness, or victim in the mode of a video conference is outlined. The need to regulate the interrogation is substantiated so that the court is empowered, in exceptional situations, with the possibility of a "departure" from the principle of immediacy of the examination of testimony during the trial, enshrined in Article 23 of the Criminal Procedure Code, under the condition of mandatory observance of due process guarantees. The duty of the court tomonitor the interrogation to prevent possible extraneous influence on the interrogated subjects is characterized. The specific properties of the interrogation of a minor and the need, to avoid a possible psychological injury to the child, to observe all the guarantees and rights of a minor are substantiated. The child’s right to free secondary legal assistance, which provides for the protection and representation of interests in courts, other state bodies, and local self-government bodies, before other persons, as well as drafting procedural documents, is analyzed. Gaps and problematic aspects are singled out, which negatively affect both minors and the results of criminal proceedings in general.

From pen to algorithm: optimizing legislation for the future with artificial intelligence

AbstractThis research poses the question of whether it is possible to optimize modern legislative drafting by integrating LLM-based systems into the lawmaking process to address the pervasive challenge of misinformation and disinformation in the age of AI. While misinformation is not a novel phenomenon, with the proliferation of social media and AI, disseminating false or misleading information has become a pressing societal concern, undermining democratic processes, public trust, and social cohesion. AI can be used to proliferate disinformation and misinformation through fake news and deepfakes; can AI also be used for beneficial purposes to develop the antidote legislation combatting these challenges? Leveraging the capabilities of LLMS, such as ChatGPT and others, can present a promising direction for optimizing legislative drafting. By proposing the methodological approach of an AI bun, this article explores an important approach in which LLMS can support lawmakers and policy experts in crafting legislation. The article contributes to the discourse through a nuanced understanding of the opportunities and challenges in harnessing LLM-powered tools for legislative innovation. Ultimately, it underscores the transformative potential of LLMs as a potential resource for lawmakers seeking to navigate decision-making while developing legislation on an example of navigating the intricate landscape of misinformation and disinformation regulation in the age of AI.

Conceptual place and fundamental perspective of judicial precedent in the legal system of Ukraine

This article examines the role and relevance of the introduction of judicial precedent as a source of law in Ukraine, which is related to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter – the Convention), Decisions of the European Court of Human Rights (hereinafter – the ECHR) and judicial practice of national courts. The opinion is substantiated that the introduction of judicial precedent as a source of law in Ukraine will have positive consequences for the legal system of Ukraine and will provide additional protection of human rights and freedoms. Prospects for the possible introduction of judicial precedent as a source of law and important institutional changes that can lead to a complete transformation of the current system are determined. In connection with this, the issue is analyzed, and a generalized characteristic is given regarding the role of court precedent in advanced countries, such as Switzerland, Poland, and France. The properties of the legal systems of the world, the peculiarities of the use and status of the Convention, and the judicial practice of the ECHR in Ukraine are also considered. The article presents an analysis of scientific research by advanced scientists and lawyers who formed a professional view on issues related to judicial precedent and possible reform of the current legal system. A generalized description of the concept regarding the nature and features of judicial precedent as a source of law is provided. Simultaneously, the author of the article notes that the issue of defining the conceptual place and fundamental perspective of judicial precedent in the legal system of Ukraine is very relevant and important for Ukraine, as it is related to the protection and provision of rights and freedoms of man and citizen. Accordingly, special attention is paid to the fact that this issue should be resolved at the legislative level, as this will help to avoid collisions, misunderstandings, and possible duplication of norms. Moreover, the introduction of legislative innovations and reforms requires the generation of an appropriate legal bridgehead with the possible training of courts. Thus, the author concludes that the main consequences of the introduction of judicial precedent as a source of law will be the following: stability and predictability of the legal system, increasing the independence of the judicial branch of government, borrowing the best international experience, unification, and harmonization of current judicial practice, respectively, additional protection of rights and civil liberties.

Peculiarities of the alienation of the real estate object located on one’s own land plot

The article is devoted to the study of issues of legal regulation of relations related to the transfer of ownership of a plot of land in the event of acquisition of ownership of a real estate object located on it. It was established that the implementation of the principle of a single legal share of the land plot and the real estate object on it is carried out in accordance with the requirements of land and civil legislation. The need to determine the quality of priority land legal norms was noted. It was found that the legislative innovations contributed to the unification of the regulatory and legal regulation of the implementation and practical implementation of the automatic transfer of the right to a land plot when the right to a residential building, other building or structure on it is transferred. The mechanism of simultaneous transfer from the expropriator (previous owner) to the acquirer of the real estate object of ownership of the land plot on which such an object is located is analyzed. The grounds and conditions under which such a transition is possible have been clarified. In addition, the issue of legislative regulation of real estate objects, with the acquisition of ownership of which provides for the automatic transfer of ownership to the land plot on which they are located, is also disclosed. Approaches regarding the need to improve norms due to their uncertainty (contradiction) were supported. The special requirements for the contract providing for the transfer of ownership of the real estate object located on the land owned by the alienator were analyzed, the subject and essential terms of the contract were clarified, and the feasibility of improving the legal requirements on the specified issues was noted. Taking into account the analysis of the formed judicial practice, the relevant issues of the consideration of disputes related to the provision of the principle of a single legal destiny of the real estate object and the land plot on it were analyzed, the problems of independent construction, acquisition of ownership rights to it were considered. Attention is focused on the issues of further improvement of land legal norms in order to ensure the effective functioning of the procedure for transferring the right to a land plot in the event of acquiring the right to a real estate object located on it.

The Impact of Green Credit on Regional Low-Carbon Transition: A Study on the Mediating Effect Based on Environmental Regulation and Green Technology Innovation

This study uses a mediation effect model to examine in detail how green credit affects the effectiveness of the regional low-carbon transition, based on panel data collected between 2012 and 2022 from 30 provinces in China. The findings indicate that green credit not only increases energy efficiency by fostering the advancement and innovation of green technology but also encourages the relaxation of environmental regulations, which in turn lowers carbon emissions. Environmental regulations and the advancement of environmentally friendly technology innovation play a major mediating role in the process. Innovation in green technology and environmental legislation are important mediating factors in this process. Furthermore, elements like local economic growth have an impact on how green credit is implemented.

Развитие уголовного законодательства об ответственности за преступления при осуществлении государственных закупок

The article deals with an analysis of the process of inclusion in the norms of the Criminal Code that establish liability for crimes in the sphere of public. Modern legislation contains a number of criminal law prohibitions aimed to protect social relations and to ensure public procurement. These norms are characterized by lack of consistency and competition. The unification of criminal law prohibitions, as well as the dissemination of legislative innovations, in particular the special grounds for exemption from criminal liability, should improve both law enforcement practice and minimize the criminal consequences of illegal acts in the field of public procurement.

Conciliation Procedures in the Civil Process: Legislative Innovations and Prospects for Further Development

The paper analyzes the provisions governing conciliation procedures consolidated in the Russian procedural legislation in 2019. The author elucidates the legal nature of alternative dispute resolution in general and conciliation procedures in particular, explains their informal nature and inexpediency of giving them the same strict legal form as procedural actions. The legislative consolidation of conciliation procedures is primarily associated with the need to inform citizens about the possibility of their use and registration of their result. Based on the study of judicial data, the author concludes that, despite a number of positive legislative innovations, the use of conciliation procedures has not fundamentally changed. With this in mind, the author highlights cultural, organizational and economic obstacles that prevent a wider application of conciliation procedures. Based on the results of their analysis, the author proposes three main directions for further legislative developments. The paper pays special attention to the judicial conciliation procedure that appeared in 2019, which has great potential, but requires the creation of appropriate conditions for its application.

Оказание квалифицированной юридической помощи юридическим лицам: обоснование и проблемы практической реализации

The connection of law with tradition acts as a marker of its stability and, at the same time, contributes to the rigidity of law-making and law enforcement activities. The challenges of the 21st century actualize legislative innovations, which often go beyond the existing legal understanding. Identifying these innovations and identifying promising ways to modernize legislation is an important task for researchers. One of these promising innovations is the constitutional guarantees of providing qualified legal assistance to legal entities, along with individuals.

Removing the Human from Trademark Law

This paper envisions a future in which humans begin to entrust interconnected and intelligent devices and machines with the power to make purchasing decisions on their behalf. Artificial Intelligence (AI), together with the Internet of Things (IoT) and blockchain technology, will likely make this possible. What might be the role of trademarks and the law governing their protection in such a future? This paper responds to this question by considering how the use of AI, IoT, and blockchain technology in the retail space will impact the foundational concepts underpinning trademark law. The discussion highlights the difficulty of shifting trademark law away from its human-centric focus, where core doctrines and principles revolve around human interaction and perceptions, towards a system capable of adapting to a future where devices and machines interact with trademarks. Perhaps the time is ripe for legislative innovation in the field of trademarks.

Особенности нововведений в правоприменительной деятельности горских словесных судов Терской области в 90-е годы XIX века

The article focuses on the unique characteristics of the introduction of innovations in the law en-forcement activities of the Terek region’s mountain verbal courts in the 90s of the XIX century. The channels and mechanisms for obtaining information by courts on innovations in normative acts and their interpretations from the relevant authorities on the results of law-making activities in the field of judicial proceedings for consideration in their activities are characterized. For this purpose, copies of normative acts of the highest imperial authorities, rules and instructions on conducting individual investigative and judicial actions, orders of the Terek district authorities, copies of reviews from the head of the Terek region and the prosecutor of the Vladikavkaz District Court, etc. were considered. A list of areas in which the SCS received information about their ju-risdiction in the late nineteenth century is proposed. The procedure for internally discussing and putting legislative innovations into practice is considered. It is concluded that all of this allowed them to effectively interact with law-making organizations and apply current changes in regula-tions to their activities.

Problems and Prospects of Unification of the Concepts of “Tokens”, “Digital Assets” and “Digital Rights”

Introduction: the accelerated digital transformation of the economy leads to a lack of unity in understanding the essence of new digital objects and a lag in the legal regulation from the pace of digitalization. As a result, when characterizing new digital objects, there arise terminological inaccuracies, discussions regarding the expediency and correctness of legislative innovations, and the gaps in the legal regulation of digital objects of legal relations. As a result, the purpose of the current study is to define the essence and delineate the concepts of “token”, “digital assets” and “digital rights”. To achieve this goal, the following tasks are defined: to study the definitions of the above-mentioned concepts available in the legal doctrine, their role in the civil legislation, to develop a systematic understanding of the digital objects selected for research. Methods: the methodological framework for the study is a set of methods: the terminological analysis of individual digital objects – tokens, digital assets and digital rights; the generalization of the studied materials by induction to determine the subordination of the described digital objects; the generalization and comparison of doctrinal concepts on the relationship between the concepts of “digital assets” and “digital rights”. Based on the conducted research, the following results are achieved: the doctrinal differences are revealed in the understanding of the term “token”, in the correctness of the identification of “digital rights” as an object of civil rights, in the correlation of the concepts of “token”, “digital asset” and “digital rights”; the classification of digital assets is of scientific interest in the framework of further research. According to the results of the scientific research, the author has made a number of conclusions, in particular: 1) the lack of unity in the definitions of new digital terms generates discussions regarding the current norms of the Russian legislation and hinders the introduction of promising digital structures into civil circulation; 2) in order to unify digital terminology, the following changes to the Russian legislation are proposed: digital assets should be distinguished as a separate category of objects of civil rights; digital rights should be defined as a kind of digital asset expressed in monetary form; a token should be defined as a means of balance sheet accounting of a digital asset and the authentication of users of an information system.