Mechanism Of Legal Regulation Research Articles

ON THE ISSUE OF THE ESSENCE OF ADMINISTRATIVE AND LEGAL REGULATION OF CITIZENS' PARTICIPATION IN THE PROTECTION OF PUBLIC ORDER

The protection of public order is one of the most important functions of the state, with proper implementation of which the normal progressive development of society is possible. The participation of citizens in the protection of public order is often unreasonably overlooked by scientific research, since attention is paid only to the activities of law enforcement agencies in this area. We believe that the potential of citizens' participation in the protection of public order is underestimated and needs additional scientific analysis and improvement of regulatory regulation of such activities. The article examines the essence of the concept of administrative and legal regulation of citizens' participation in the protection of public order by studying its content as a set of legal categories "participation of citizens in the protection of public order" and "mechanism of administrative and legal regulation". The analysis made it possible to formulate the author's definitions of the concepts "participation of citizens in the protection of public order" and "administrative and legal regulation of citizens' participation in the protection of public order".

International regulation of the turnover of virtual assets: basic provisions and principles

The dynamic development of virtual assets and their introduction into everyday human life and the economy require the world community to build symmetrical international legal regulation. Currently, the world still does not have a unified approach to regulating this financial phenomenon. However, most countries and international institutions do not ignore it and try to create an appropriate legal field to regulate all possible types of these assets.
 The article analyzes the legal regulation of relations in the sphere of circulation of virtual assets in some countries of the world and identifies the most favorable norms for their possible implementation into Ukrainian legislation.
 The experience of regulating virtual assets in the United States of America is singled out, in particular, it is determined that at the federal level of the country, digital assets are considered as property. The general principles of taxation that apply to transactions with property also apply to transactions with virtual assets. It has been studied that the system of regulation of virtual assets in the USA is in the process of development, but the fundamental principles have already been formed.
 The legal field of regulation of virtual assets in Great Britain is analyzed. The announced intentions of the government in 2017 to make the United Kingdom the best place in the world for the development of digital business are becoming a reality, the confirmation of this is the high level of regulation of the sphere of circulation of virtual assets.
 The experience of Germany is singled out, where virtual assets are not considered a means of payment, currency or foreign currency. Regulators classify them as a financial instrument or asset, subject to securities and investment-related rules and laws. The country’s legislation contains both detailed regulation of the activities of service providers, users and investors, as well as a system of tax benefits and exemptions. The legal regulation of virtual assets in Singapore, which is one of the most loyal to virtual assets in Asian countries, is analyzed.
 The conclusion was formulated that when developing a mechanism for legal regulation of virtual assets and blockchain technologies in Ukraine, it is necessary to take into account the international experience of countries where relevant regulatory acts already exist and there is experience in law enforcement.

Some Aspects of the Genesis of Evaluation Categories

The article is devoted to the study of evaluation categories in historical retrospect. The author draws attention to the formal certainty of legal norms. He emphasizes that the effectiveness of the application of legislation largely depends on the clarity and accuracy of the interpretation of legal norms. At the same time, both in the history of law and in modern conditions, the use of exclusively certain terms in legal regulation does not allow for full regulation of constantly changing social relations. In this regard, the legislator, due to objective necessity, is forced to apply concepts of a more abstract content. The article provides examples of such a method of legal regulation in various sources of law, starting with the norms of Ancient Babylon and Ancient Rome. The author analyzes such concepts as severe punishment, great sin, unfair execution, good faith, reasonable time, etc. The article draws attention to the expansion of this method of legal regulation and its extension from the sphere of private legal regulation to the public sphere. Based on the analysis, conclusions are drawn regarding the role and importance of evaluation categories in the legal system. It is emphasized that historical experience shows that the mechanism of legal regulation will not be effective without the use of evaluation categories.

Organizational and legal ensuring the administrative activities of managers

This paper is devoted to a thorough analysis of the legal basis for ensuring management activities in the conditions of modern Ukrainian legislation. The authors note that in the conditions of dynamic changes in the business environment, legal protection acquires strategic importance for making informed management decisions, minimizing risks and ensuring stable development of the organization. The administrative and legal status of the manager in Ukraine is analyzed in detail - his role and powers in the management system, subordination, implementation of the principle of single leadership, the scope of competence and legal responsibility. The main principles of legal support of the manager's managerial activity were considered. Among them, the principles of legality, responsibility, transparency, ethics, as well as mechanisms of internal and external legal regulation are analyzed in detail. Examples of its practical application are provided for each principle. The authors also pay attention to the influence of key branches of law on managerial activity. These are corporate, labor, tax, antimonopoly legislation, laws on the protection of intellectual property, on the protection of consumer rights, etc. The conclusions emphasize that in modern conditions management of the organization is impossible without comprehensive legal support. It makes it possible to make effective management decisions, avoid legal risks, ensure stability and development of activities. The paper examines the administrative and legal status of the manager, the principles and components of legal support for his activity from the point of view of modern Ukrainian legislation. A reasonable conclusion is made about the key importance of legal aspects for effective management.

FEATURES OF REGULATION OF LABOR OF WORKERS WORKING BY THE SHIFT METHOD

The rotational approach to labor organization is widely used in domestic and international practice. The globalization of the economy due to the expansion of the geography of services, as well as increased competition among corporations, objectively increases the significance of the concept of “remote workplace” and focuses attention on the study of issues arising from these labor relations. Currently, the social interaction of employers with rotational workers is fraught with difficulties due to the imperfection of existing standards for organizing rotational work. This requires the formation of new mechanisms for using shift work. The article examines the elements of shift work, discusses the provisions of the Labor Code of the Republic of Kazakhstan regulating the rotation approach to organizing activities, which is widespread not only in remote areas, but also in the current situation. The purpose of the article is to identify the features of this type of work and draw certain conclusions on resolving problems arising in this area. A new mechanism for legal regulation of labor relations between employers and employees is needed specifically in the field of rotational work. The formation of social and living conditions for personnel during the inter-shift rest period helps to restore the potential of workers, so it is necessary to consider ways to motivate their social adaptation. Due to the fact that this type of activity is very flexible, while maintaining the conceptual focus established by law, certain conclusions have been drawn to improve the provisions for the legal regulation of the labor of shift workers.

Инструментальная природа правосубъектности: системный подход к проблеме

The article attempts to apply the principles of a systematic approach to the study of legal personality. Considering legal personality as part of a higher-order system — the mechanism of legal regulation, the author substantiates its instrumental nature. It is proved that legal personality, being an auxiliary legal means, precedes any legal activity of the subject, creates a fundamental opportunity to participate in legal life. In this capacity, legal personality mediates both the statics and the dynamics of legal life. The article shows that the instrumental properties of legal personality are integrative, systemic in nature, arising as a result of system-forming functional connections between legal competence and the ability to act. The author argues that legal competence and the ability to act, taken separately, outside of the whole that unites them — legal personality — do not have an independent instrumental meaning. The present article reveals the structure of legal personality, formed by formed by the links of functional subordination between legal competence as the leading elements of legal personality and the ability to act elements ensuring the realization of legal competence.

Financial and Legal Development of Social Relations Using Digital Currencies in Metaverses

Objective: based on the analysis of financial and legal policy of certain jurisdictions, to determine the initial prospects of financial and legal development of social relations in metaverse using digital currencies.Methods: the research is based on the system of cognitive tools: first of all, formal-legal, comparative-legal, statistical methods, and the method of legal forecasting, which help to interpret the legal norms and financiallegal policy of various jurisdictions, assess the degree of current development of legislation on regulation of technologies in virtual worlds, and formulate ideas about the financial-legal regulation of public relations using digital currencies in the metaverse.Results: the study reveals that modern legislation on metaverses is at the initial stage of its formation, as in developed jurisdictions metaverse is still considered only as a future technology. The author shows the degree of popularity of the metaverse first prototypes and the growing attention of some states to the metaverse in order to develop their socioeconomic potential and consolidate international leadership in digital development. The paper points out the shortcomings of the metaverse definitions developed in doctrine and practice, and long proposes the author’s definition. It is argued that in order to fully integrate metaverse technology into a certain country, whose policy is focused on achieving (maintaining) a high rating in terms of the economy digital transformation, it is necessary to determine the currency that will be legitimately used in the metaverse in future. A conclusion is made that it is necessary to plan financial and legal policy in this area, which will largely depend on the legal regime of cryptocurrency in a particular country. It is argued that further development of the metaverse concept in Russia will depend on the results of testing the digital ruble.Scientific novelty: the paper is one of the first devoted to the convergence of metaverse and financial law, which proposes a concept for establishing full-fledged legality of digital currency in the metaverse depending on the attitude of a particular country to decentralized finance. Along with popular definitions formulated in doctrine and practice, the author presents their own interpretation of the metaverse, indicating its essential features.Practical significance: the conclusions and proposals obtained can be used to improve the mechanisms of financial and legal regulation of social relations under the emerging metaverse concept. The presented ideas are important for further research of various financial and legal aspects of metaverses’ development and functioning.

Privileges as a legal category: theoretical and legal aspect

In the content of the work, the author analyzed the phenomenon of legal benefits through the prism of their cognitive regularities and their potential as a basis for improving the conceptual and categorical apparatus of legal science. The relevance of the research topic and the importance of modernizing the understanding of legal benefits in the modern conditions of their application in the mechanism of legal regulation are noted. The cognitive features of the subject of this article have been established.
 The author emphasized that the current conditions of the development of legal regulation both in Ukraine and in most post-Soviet countries determine the need for a doctrinal rethinking of all legal means of regulation, especially in terms of their nature, functional purpose and role. The key means of legal regulation are legal benefits, which are designed to ensure the establishment of special, softer conditions of legal regulation, based on the principle of expediency and social justice. The use of legal privileges is especially relevant in the modern conditions of the development of legal regulation, which is accompanied by new threats associated with the outbreak of hybrid wars, a significant increase in the number of armed conflicts on the political map of the world, a significant increase in the level of their aggressiveness, etc. In such conditions, the question of both the scientific rethinking of the regulatory and protective possibilities of legal privileges, and the expansion of the practical limits of the application of legal privileges in improving the regulation and protection of the rights, freedoms, and interests of legal subjects, which require a higher level of legal protection and protection, becomes especially relevant. The author stated that the relevance of the topic of the scientific work is also determined by the high level of changeability of the legal provision of benefits, the importance of their correlation at the national level with the standards introduced at the international level, including at the level of the European Union.
 Based on the analysis of doctrinal approaches to the understanding of legal privileges, a high level of discussion and ambiguity of the views of scientists was noted. This determines the expediency of developing a single doctrinal approach to their conceptual definition and substantiating the expediency of their terminological consolidation in the provisions of acts of international law and national legislation. As a conclusion, the author draws attention to the cognitive potential of legal benefits as an independent component of the conceptual and categorical apparatus of legal science and draws attention to the fact that legal benefits: firstly, from a cognitive point of view are characterized by general properties, which indicates that they belong to the phenomena of social reality, and special properties of a legal nature, which proves their belonging to the phenomena of legal reality; secondly, as the subject of scientific research is a complex, multifaceted socio-legal phenomenon, which determines the expediency of using a complex methodological basis of scientific knowledge; thirdly, it is an integral component of any modern legal system aimed at ensuring justice, balance of interests in society, harmonious development of all spheres of social life, etc.

Factors shaping the content in the definition and species characterization of sanctions in public international law

In modern conditions, international legal sanctions continue to be the most important manifestation of coercion in interstate relations, playing a primary role in the protection of international law and order, as they are used by subjects of international law to respond to international violations, if necessary.
 International legal sanctions have become an important instrument of international relations used to ensure the implementation of international law, resolve conflicts and establish order in the world. This article examines the various types of international legal sanctions, their mechanisms of application and potential challenges faced by the international community.
 The institution of international legal sanctions is a special law enforcement and law enforcement institution. It performs the function of enforcing the correction of the mechanism of international legal regulation when, as a result of an international offense, changes occur in its normal functioning and the restoration of international legal order is not possible or cannot be ensured by means of exclusively conciliatory (voluntary) means of procedural settlement. The institution of international legal sanctions is closely related to the institution of international legal responsibility. The specificity of the relationship lies in the fact that international legal sanctions are applied only to the offending entity that resists the voluntary fulfillment of its obligations to eliminate the harmful consequences of an international offense, and are ultimately aimed at reaching an agreement between the entities applying international legal sanctions and the offending entity.
 The application of international legal sanctions involves an active role of international organizations, in particular the United Nations. The decision to impose sanctions is made by consensus or voting in cases of systemic violations of international law or threats to international security.
 Although international legal sanctions are considered to be an important tool in the regulation of international relations, there are challenges that require increased attention.
 The article systematizes the types of international legal sanctions, including economic, military and diplomatic sanctions. The author highlights their focus on states, groups or individuals, as well as the mechanisms for their introduction and lifting. In particular, the author examines the effectiveness and possible negative consequences of sanctions for the population and economy of the targeted countries.
 Special attention may be paid to the interaction of international legal sanctions with other instruments of international politics, such as diplomacy, negotiations and peacekeeping measures.

Features of compensation and types of moral damages in Italy

In this article, an analysis of the norms of the current Italian legislation, which determines the grounds and procedure for compensation of moral damage, is carried out for the completeness of the regulation of social relations arising from the reasons for compensation of moral damage, as well as some problems that arise in judicial practice in the compensation of moral damage are considered. Taking this into account, the concept of moral damage was considered and its relationship with types of damage was analyzed, the procedure for applying various regulatory acts, the mechanism for regulating the compensation of moral damage, shortcomings and opportunities for improvement of this mechanism were analyzed; the available criteria for determining the amount of monetary compensation, the composition of persons who have the right to demand the protection of violated civil rights through compensation are evaluated.
 The subject of research in this article is the consideration of the causes of the emergence of the legal construction of compensation for moral damage, the study of the evolution of the mechanism of legal regulation of compensation for moral damage in Italy. The relevance of the study is due to the importance of studying the peculiarities of the regulation of the civil legal mechanism of the institution of compensation for moral damage and the need to systematize views on the understanding of the development of the mechanism of legal regulation of the institution of compensation. It is also necessary to note the importance of conducting a comparative analysis of moral damage compensation as a way of protecting civil rights. Several formulations of the concept of moral damage are named, a lot of attention is paid to the problems of defining this concept, conditions of responsibility for causing damage.
 The author notes that the experience of compensating moral damages in Italy can be useful to take into account when developing the legal regulation of Ukraine. The principle of compensation for moral damage reflects the recognition of the fact that the violation of rights can cause not only material damage, but also damage to the psychological well-being and dignity of the victim. Italian law allows persons who have suffered non- pecuniary damage to seek compensation from the person who caused such damage. Compensation for moral damage includes not only financial compensation, but also recognition of the violation of rights and public correction.
 Ukraine also has legislation regulating the compensation of moral damages, but the positive experience of Italy can be taken into account for its further improvement. For example, a possible perspective is the expansion of the categories of cases when compensation can be provided, as well as the clarification of the criteria for determining the amount of compensation. However, before implementing any changes in Ukrainian legislation, it is important to carefully study and adapt Italy's experience to the specific needs and peculiarities of Ukrainian society and the legal system. It is also necessary to ensure a high level of protection of the rights of persons who have suffered moral damage, and to ensure the implementation of compensation claims in a practical way.

The modern concept of improving the legal regulation of social security in Ukraine in the context of the development of the concept of civil society

This article focuses on developing the content of a contemporary, concept and strategic act aimed at enhancing the legal regulation of social security in Ukraine, contextualized within the evolution of the concept of civil society. The author advocates for the creation and endorsement of a Concept to facilitate the participation of civil society actors in bolstering the social security of modern Ukraine. Structurally, this Concept is composed of six parts. The first, ‘Problems that Require Solutions,' highlights issues such as the subpar quality of current legislation's legal regulation concerning the activities of civil society entities, leading to a legal vacuum in the legal framework and regulation of social security involving these entities. The second part, ‘Value Guidelines, Goals, and Objectives for the Implementation of this Concept,' delineates the foundational principles of the social security legal regulation mechanism in the context of civil society's development. Furthermore, it identifies the establishment of institutional, regulatory, and other resource conditions as a goal, enabling effective civil society participation in legally regulating conditions for a socially safe human existence in Ukraine.
 The third section of the Concept, 'Time Frame for the Implementation of this Concept,’ specifies that while the Concept is valid indefinitely, the resolution of key issues addressed therein should be accomplished before 2026. The fourth part, 'Methods and Approaches for Problem,’ includes strategies such as enhancing current legislation on the legal regulation of civil society actors’ participation in legal processes, especially in social security regulation; the development of a Strategy for Social Security Assurance by Civil Society Actors and its corresponding implementation program, among others. The fifth and sixth parts, 'Anticipated Outcomes’ and 'Estimation of Financial, Material, Technical, and Human Resources,’ respectively, complete the Concept. The article’s conclusion summarizes the research findings and identifies a list of regulations that should be developed and enacted as part of the Concept’s implementation. These include proposed legislative drafts such as the Laws of Ukraine 'On Social Security,’ 'On the Activities of Civil Society Entities in Ukraine,’ and 'On Public Lobbying Activities.’

Medical professional liability insuarance

The aim of the study is to form an integrated approach to understanding the context and legal necessity of medical professional liability insurance.
 The methodological basis of the study is a set of scientific techniques and methods of scientific knowledge, including dialectical, historical-legal, logical-legal, system-structural, method of forecasting and comparative jurisprudence. Dialectical method has provided opportunities to analyze scientific positions regarding the content and development of medical professional liability insurance. Historical-legal method helps to study the genesis of the development of insurance in specific historical and legal situations, the development of theoretical scientific thought and legislation. The method of comparative law is used to study the legislative and regulatory acts of Ukraine and other countries in the world as well as to clarify the advantages and disadvantages of the mechanism of legal regulation the insurance of medical professional liability in various countries in the world. Systemic and structural methods have helped to clarify the content of the contracts connected with this kind of insurance. Formal-logical method has allowed analyzing the provisions of the legislation of Ukraine in the sphere of this type of insurance.
 Results. This study contains a comprehensive scientific analysis of modern problems of medical professional liability insurance. The elements of the medical professional liability insurance contract are defined, namely: subject matter, insured, beneficiary, insurance risk, insurance event, conditionals of insurance compensation payment. It is stipulated that medical professional liability insurance contract shall have separate grounds for refusal to pay insurance compensation, inherent only to this type of insurance. It is shown that this type of insurance helps to manage the risks in medical practice activities. The concept of this type of insurance has been researched. The conditions to terminate the medical professional liability insurance have been identified.
 Conclusions. Having considered the issues of medical professional liability insurance and examined the conditions of the medical professional liability insurance contract, it has been made a conclusion that it is necessary to introduce this type of insurance as mandatory for healthcare institutions and private practitioners. It has been proposed to introduce compulsory medical professional liability insurance by approving necessary alterations the valid legislation.

Частноправовое содержание института резервирования максимальной электрической мощности

This article analyzes the main legal trends in the field of maximum electrical capacity reserve in the Russian Federation in the light of energy law innovations. The article examines the various meanings of the concept of maximum electrical capacity reserve, the development trends of the legal substance of the institution of maximum electrical capacity reserve, and contains a comparative legal analysis of foreign law provisions. The identified aspects of the new institution of Russian energy law allow us to conclude that there is excessive public legal regulation of private law relations in this field. The author substantiates the point of view that the potential development of a standard agreement with a condition for maximum electrical capacity reserve will affect the reduction of the discretion of the parties to the agreement and upset the balance of interests of all parties to the legal relations in question. The article discusses options of using the most balanced mechanism for legal regulation of relations associated with maximum electrical capacity reserve in Russia.

Methodological Basis for Systematization of Objects of Civil Rights: Problem Statement

Relevance. The development of the latest information, biomedical and other technologies has determined the emergence of new benefits to which the interest of subjects of civil law is directed, which determines the vivacity of the scientific assessment of their essence and legal nature. Objects of civil rights require comprehensive research not only within the scope of their qualifications, but also in the context of systemic analysis. The main methodological problem is the lack of a systematic approach to the presentation of the normative provisions of the current civil legislation regulating the objects of civil rights, as well as certain methodological omissions at the doctrinal level regarding the conceptual basis for systematizing the objects of civil rights. The purpose of the study is to establish the methodological basis for systematizing the objects of civil rights. Objectives: analyze legislative and doctrinal approaches to building a system of objects of civil rights, identify their shortcomings and ways to eliminate them. Methodology. When writing the work, the method of analysis and synthesis, induction and deduction, general logical techniques and tools of the systems approach were used. Results. It is substantiated that effective legal regulation cannot be carried out by simply listing the objects of civil rights and/or enshrining the legal regime of some of them in legislation in isolation from other elements of the mechanism of legal regulation. Conclusions. As a methodological basis, the use of a systematic approach is substantiated, which will allow establishing criteria for classifying an object as an object of civil rights, determining its legal regime, providing a special procedure for regulation, conditions and procedure for the emergence, implementation and termination of subjective rights, the object of which is such an object of civil law, their protection.

Legal policy and overcoming global environmental concerns

The article is dedicated to the theoretical analysis of legal instruments for regulating environmental problems that are directly aimed at protecting the environment.
 Current global environmental problems inevitably influence environmental policy, on the one hand, acting as the cause of its formation, and on the other hand, environmental policy means directly combating it. It is therefore necessary to note that at the current stage, environmental and legal policy will require enhanced modernization, both at the sovereign level and at the local level.
 Environmental-legal policy is a scientifically grounded, systemic activity of special subjects to create an effective mechanism of legal regulation through a civilized approach to legal means and mechanisms of access Many goals such as preserving the natural environment and natural systems, enhancing their integrity and important functions for life and well-being , promoting the quality of life and healthy population, promoting the demographic situation, ensuring the guarantee of environmental rights of communities, forming a high level of legal and environmental culture of humanity.
 Also, the main directions of legal policy in the fight against current global environmental problems are: the creation of a legal mechanism for ensuring the protection of the environment; prevention and elimination of the threat of environmental safety; improvement of environmental legislation and practices; intensifying the fight against environmental crimes (ecocide, environmental terrorism) and increasing the effectiveness of anti-corruption policy.
 The increase in the ecological and legal culture of citizens and the formation of a new type of individual. A person is a part of nature and is in a dual relationship with the environment, in one case he is the main source of pollution, in the other - he acts as its protector, carrying out environmental protection activities.

The influence of legal policy on developing the encouraging mechanism of legal regulation and legal culture in the modern Ukrainian society

The influence of legal policy on developing the encouraging mechanism of legal regulation and legal culture in the modern Ukrainian society

Formation of the legal culture of future specialists as a pedagogical problem

The subject of this research is the definition of the legal culture as an object of scientific analysis. The concept of the legal culture of the future specialists is disclosed on the axis of analysis and generalization of the provisions of philosophy, sociology, pedagogy, psychology and law. Determined that the legal culture of the future specialists is characterized by the ability to carry out professional activities in the selected sector in compliance with legal norms, with a clear belief in the social value of the law and behavior that conforms to the law. The article notes the need to comply with legal norms, legally justified resolution of legal issues in the course of practical activities, clear awareness and understanding of responsibility for non-performance or improper performance of their professional duties. The article focuses on the impact of legal knowledge on the development of professional competence of specialists whose activities require knowledge of current legislation and understanding of the mechanism of legal regulation in connection with the performance of certain functions in the relevant areas of economic relations and sectors of the country's economy. An attempt was made to isolate the structural elements of the legal culture of the future specialists taking into account the subjective and objective aspects of the phenomenon of the legal culture. The article focuses on the pedagogical issues of forming the legal culture of future specialists, which is to increase the requirements of society to the professional competence of future agricultural specialists, taking into account the legal aspects of their activities and the inadequate level of their readiness for professional activities with awareness of their legal consequences. Thus, the formation of the legal culture of future specialists depends on the legal culture of the teacher, who must have legal competence, as well as a set of pedagogical conditions that will contribute to the effective formation of legal culture. Unfortunately, today the educational and methodological process is insufficiently provided. This affects the ability of a future specialist to apply the acquired legal knowledge in practice, to be prepared for the dynamics of legislative changes, and to be willing to make such changes, especially those related to his or her future professional activities. This pedagogical problem determines the relevance and prospects for further research of the issues raised.

ECONOMIC AND LEGAL REGULATION OF INTERNATIONAL MIGRATION: FINANCIAL AND ECONOMIC COOPERATION OF COUNTRIES UNDER MILITARY FACTORS

The purpose of the article is to analyze the status of international migration and identify the problems of its economic and legal regulation in the context of ensuring financial and economic cooperation of countries in the conditions of increasing the influence of military factors. The results of the study prove that military factors have a dominant impact on the intensification of international migration processes. It is established that international migration is considered to be a complex, unpredictable socio-economic phenomenon that is gaining a global scale, covers a large number of countries, is difficult to regulate at the economic and legal level and periodically intensifies under the influence of factors and dangers of an economic, social, political and military nature. The authors prove a significant increase in the volume of international migration under the influence of the war of russia against Ukraine, which intensified as a result of the mass movement of the Ukrainian population outside the country in order to save their lives and health. The significant problems regarding the economic and legal regulation of international migration in the context of ensuring financial and economic cooperation of countries in the conditions of the increasing influence of military factors are identified, which are manifested in the inconsistency of international law with the provisions of national legislation of the countries of the world. It is found that the growth of international migration processes stimulates destructive changes in the international labour market, and causes an increase in unemployment and a decrease in employment rates at the national level. In the article proposes to review the existing mechanisms of legal regulation of international migration and protection of the rights of migrants outside Ukraine, and formulate an international strategy for harmonizing migration policies of different countries of the world.

The efficiency of legal means

The aim of this work is to determine modern scientific approaches to the effectiveness of legal remedies, analysis of effectiveness criteria and existing gaps. The methodological basis of the study, when conducting the research, are general scientific and special methods of scientific knowledge. Results. Various scientific approaches to the definition of the category “efficiency” in the context of the application of legal means have been studied. The concept of “effectiveness of the mechanism of legal regulation” is considered in the “broad” and “narrow” sense. In the “broad” sense, efficiency is studied as the internal structure, features and interaction of all elements of the mechanism, while in the “narrow” sense, efficiency should be considered from formal and logical positions. Attention was also paid to the dependence of the functioning of these elements on the internal and external environment. Two groups of factors affecting the effectiveness of the mechanism of legal regulation are singled out. The first group of factors is related to the external conditions of the functioning of the mechanism of legal regulation (external factors), which ensure its general effectiveness and functionality, and the second - to the internal (specific) conditions that characterize its internal structure and directly organize its effectiveness. Conclusions. The problem of correct and effective use of legal means in various types of legal activity, their adequate reflection in legal consciousness is relatively new in legal science. It requires further elaboration and decision, especially against the background of the current stage of development of Ukrainian legislation and in connection with its significant renewal. The effectiveness of legal regulation of social relations is marked by the possibility of using various legal means. That is why a phenomenon that has crossed a certain limit turns into its opposite. In the same way, a violation of the balance of the use of various means of legal influence creates the impossibility of achieving the set goal. That is why legal incentives, if they are supported by legal constraints, are the most effective in satisfying subjects’ own positive interests.

Features of responsibility for criminal offenses during martial law in Ukraine: a legislative review 2022-2023

The article is devoted to the review of the legal regulation of criminal liability for the criminal offenses committed during the martial law and the state of emergency in connection with the armed aggression of the Russian Federation, which has escalated into a full-scale war since February 24, 2022.
 The author examines a package of criminal legal acts which regulate a number of issues related to enhancing criminal liability of criminal law subjects during the martial law. It was found that the introduction of martial law and the state of emergency has its own specific regulations, which means that along with the possible temporary restrictions on the constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law in the state, the specific means and mechanisms of legal regulation of substantive criminal law are becoming important in strengthening criminal liability for collaborative activities, the distribution of information aimed at promoting the actions of the aggressor state, crimes against the foundations of national security, looting etc. The article also considered circumstances that exclude the criminal illegality of an act and provide combat immunity under conditions of martial law.
 The latter primarily include the Law of Ukraine “On Ensuring the Participation of Civilians in the Defense of Ukraine” of March 03, 2022 and the Law of Ukraine “On Amendments to the Criminal Code of Ukraine and Other Legislative Acts of Ukraine on Determining the Circumstances Excluding Criminal Illegality of an Act and Ensuring Combat Immunity in the Conditions of Martial Law” of March 15, 2022. In addition, the Criminal Code was supplemented with Article 43-1 “Fulfillment of the duty to protect the Motherland, independence and territorial integrity of Ukraine”. Furthermore, Section 2 “Final and Transitional Provisions” of the current Criminal Code of Ukraine was supplemented with the paragraph 22 as follows: “Civilians shall not be criminally liable for the use of firearms against persons carrying out armed aggression against Ukraine, if such weapons are used in accordance with the requirements of the Law of Ukraine “On Ensuring the Participation of Civilians in the Defense of Ukraine”.
 In general, taking into account our own experience and the experience of the international community, it is necessary to improve all criminal law institutions, both in the direction of criminalization and decriminalization of certain criminal offenses, given the special tasks of criminal law in a state of emergency. The primary task of the modern criminal law of Ukraine is to ensure the right to life, health of a person and citizen, to ensure peace and security, and to counter criminal offenses committed by the Russian Federation against the Ukrainian people.