Method Of Legal Regulation Research Articles

QR Code as a New Legal Reality

The development of digital technologies has led to the active introduction of new forms of expression of legal documents into the legal system. For several decades of their existence, QR-code and barcode have shown their uniqueness and versatility, as well as convenience in certain areas of law enforcement practice. In the conditions of the coronavirus pandemic, states had to restrict natural rights in order to curb the spread of the disease and accelerated the introduction of QR codes into the everyday life of citizens to control the established measures and certify the fact of vaccination, having actually implemented a socio-legal experiment The inductive method of research with the analysis of the draft law on the introduction of QR codes revealed insufficient theoretical elaboration of the mechanism for introducing digital innovations into legal life. This is fact generated social tension and revealed problems of ensuring the legality of the relevant mechanism of legal regulation. Given the application of a QR code as an innovation in legal life in 2021, theoretical and legal analysis demonstrated the need to strengthen the fundamental foundations of legal theory. On the other hand, it showed the necessity to ensure the expediency, concretization and validity of the introduction of not a QR code per se, but rather of restrictive measures as a method of legal regulation. The problem of legal and digital literacy of the population remains unconditional. Citizens’ misunderstanding of the specifics of the process of using QR codes in practice often generates and provokes increased conflicts, which in modern conditions of a developing digital society and a publicly accessible information space contributes to the artificial formation of an aggressive field, which ultimately affects the rule of law and legality.

The main criteria for distinguishing between the public law and private law

The article is devoted to the analysis of issues concerning the distinction between the public law and private law. It is established that most scholars agree with the expediency of dividing the law into two subsystems – private law and public law. It was found that the main criteria for distinguishing between the public law and private law, such as: 1) the nature of the dominant interest; 2) the difference in the subjects of legal relations; 3) the difference in the method of legal regulation.
 Thus, the criterion of the nature of the dominant interest, allows to distinguish public law, which protects the general, state, public interests, public goods, important not for the individual but for the society, country as a whole. Instead, in private law, the personality interests of the individual (persons) are dominant. The difference in the subjects of legal relations is manifested in the fact that in public law the subject is a person who joins them to exercise their public authority, instead, in private law, a person can exercise the right to enter into legal relations at his own discretion, and the change or termination of private law relations, as a rule, depends entirely on the will of their participants. The difference in the method of legal regulation is manifested in the fact that public law tends to obligations, and private law tends to permits.
 It is proved that public and private law are two sides of the same coin, which exist in inseparable unity and interdependence, and a clear example of this is the area of labor protection, where legal regulation is both private and public.

RIGHTS OF CONSUMERS OF EDUCATIONAL SERVICES IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS OF CONCEPTUALIZATION AND ISSUES OF MODERNIZATION OF LEGISLATION

The study is devoted to the conceptualization of the main concepts of the modern concept of consumerism: the definitions of "consumer", "educational services", "educational relations", "contract for the provision of educational services", "protection of consumer rights" are subjected to scientific analysis. The problem of protecting the rights of consumers in general and consumers of educational services in particular is being updated in the Republic of Kazakhstan, primarily due to unresolved problems of improving legislation and law enforcement practice. A comparative analysis of the practice of applying the laws of foreign countries showed that in the jurisdictions selected for analysis, the protection of consumer rights is carried out much more efficiently. In this regard, a regularity was revealed: in the Republic of Kazakhstan, consumer relations were concentrated on the application of administrative measures, while laws and law enforcement practice in developed countries highlighted the restoration of violated rights of consumers of goods and services as the main priority. To characterize educational legal relations on the basis of existing research, special connections are revealed between legal norms of various branches of law - administrative, civil, labor, financial and other branches of law; the conclusion is made about the complex nature of a relatively new branch - educational law. In the context of the conceptualization of the legal category "educational services", the types of legal relations in the field of education are identified and characterized: educational relations proper and relations to create conditions for the implementation of educational relations. The study also focuses on the ways of legal influence on educational relations - methods of legal regulation, as well as the need for effective control mechanisms of the state. A comprehensive analysis of the problem of conceptualizing the basic concepts of the institution of consumer protection, carried out in the global context of the evolution of consumerism, serves as the basis for proposals to clarify their essence in the process of further modernization of the modern legislation of the Republic of Kazakhstan on consumer protection and law enforcement practice.

MEDICAL LAW AS A NECESSARY NEW INDUSTRY IN THE MODERN LEGAL SYSTEM OF THE RUSSIAN FEDERATION

The article raises the question of the separation of medical law into an independent legal branch. The author, based on the provisions of the theory of law, identifies the factors that dictate the need for such a separation. An attempt is made to designate the subject of medical law, as well as characteristic techniques and methods of regulating relations included in this subject (i.e., the method of legal regulation). A special place is given to the system of medical law and medical legislation. The author addresses the issue of the adoption of the Medical Medical Code, which (in his opinion) consolidation would contribute to the inclusion of the most effective overall structure of medical title legislation at the economic and federal level.

The system of law in the context of modern approaches to the understanding of law

In the article the current state of research on the problem of the structure of the system of law and the criteria for distinguishing branches and institutions of law in legal science is being studied. It is noted that in studying this issue it is necessary not only to reproduce traditional approaches in the theory of law, but also
 to take into account the latest developments of domestic theorists of law in this area, critically analyze the possibilities of using them to address ambiguous issues of legal theory. The debatable problem of the criteria for distinguishing branches and institutions of law as structural components of the system of law encourages the continuation of scientific research aimed at an objective solution to this issue. One of such researches is the work “Branches and institutes of the system of law (myths and reality)” (K., 2002) of the author of the dialectical theory of law, Doctor of Law O.I. Yushchyk. The use of the dialectical method as a basic method of scientific knowledge gave him the opportunity to draw fundamentally new conclusions about the structural elements of the system of law that change the traditional legal picture.
 It is determined that the primary structural element of the system of law should be considered not a norm of law, but subjective rights and relevant legal obligations of the subjects of legal relations in their interaction, which are expressed in the disposition of norm of law (subject of norm of law).
 It is noted that the institution of law is not built on the basis of homogeneous social relations of a certain type, but the objective substantive basis of legal institutions are the relevant social institutions, the necessity of which in a particular society is determined by social needs. Norms of law regulate social relationships, primarily through the legal regulation of relevant social institutions. The formation of a legal institution in the system of law means that the relevant social institution is recognized by the government as necessary, mandatory, that is, it is sanctioned by it, and therefore the rules of conduct that determine the functioning of this social institution are embodied in norms of law.
 It is stated that the basis for building a branch of law is not a common subject and method of legal regulation, but generalized (generic) starting law, which includes a range of starting rights (subjects of norms of law, their dispositions, ie subjective rights and relevant legal obligations). For example, the set of subjective starting rights of family members forms a generalized family law; the set of subjective starting rights related to work, form a generalized labor law; the set of starting rights of different subjects to economic activity forms a generalized economic law, etc.

Theoretical and legal aspects regulation public relations

The article defines the means of social regulation, which include legal, moral, corporate, social customs, etc. At the same time, the norm is not the only means of influencing human behavior, as such means also embrace individual instructions, authoritarian orders, measures of physical, mental, organizational coercion and so on. Therefore, the legal regulation of social relations is defined by the author as a purposeful action on human behavior and public relations with the help of legal (juridical) means.
 At the same time, the legislator faces the difficult task of maintaining a balance between legal regulation and social self-regulation. Before subjecting a public relation to normative regulation, it is necessary to substantiate the necessity and expediency of such a step, since the efficiency of legal regulation is determined by the compliance of the final result of legal regulation with the goals set by the legislator in the relevant legal norm. Therefore, the aim of the article is to determine the level of potency of legal norms that correspond to the objective conditions and laws of development of the society in which they operate. At the same time, their content must correspond to the social consciousness of the population, first of all to the principles of morality and the level of legal awareness, as well as to agree with the norms of its other branches.
 Since the subject of legal regulation is social relations, the legal regulation is conditioned by certain objective and subjective factors. The author identifies the following factors: the level of economic development of the society; the social structure of the society; the level of maturity and stability of social relations; the level of legal culture of citizens; the level of determinancy of the subject, means and methods of legal regulation.
 In a modern democratic state, the nature and types of these means are determined by a set of factors, among which the article highlights the patterns of development and fundamentals of the law system, as well as the level of the declared and actually valid rights and freedoms of man and citizen, enshrined both in acts of national law and in international legal acts ratified by the legislative body of this state.

Green Agriculture as a Branch of the Green Economy: Problems of Assessing the Complex Environmental Impact

According to the ideology of the green economy, any economic activity should be carried out using technologies that cause minimal damage to the environment. The means and methods used by companies to minimize environmental harm from their activities, which seem effective at first glance and are even generally recognized, may turn out to be very ambiguous with a detailed and comprehensive analysis of their impact on the environment. Unfortunately, both abroad and in the Russian Federation, the level of legal regulation in the use of so-called green technologies, confirmation of their real compliance with the declared goals of environmental protection, as well as the introduction of liability measures for relevant violations and unfair competition remains extremely low. Closer attention on the part of society and the state to the existing problem should be realized in the development of appropriate legislation, both stimulating the development of a green economy according to established standards and rules, and ensuring the establishment of proper control over activities falling into the category of green, for its real compliance with the stated goals of environmental protection and conservation of the planet's resources. Of course, alternative energy should take its place in the system of ensuring the energy security of each state. But it is necessary to use its advantages wisely on the basis of legally established procedures for a comprehensive assessment of their impact on the environment, including in the long term. In the meantime, alternative energy, especially in Western countries, has firmly established the reputation of a "green", environmentally friendly industry, which in many cases is fundamentally wrong. The development of new necessary means and methods of legal regulation, along with their legislative consolidation, should play a key role in stimulating the effective development of society in a "green" direction, namely in a non-destructive direction for the environment.

LEGAL REGULATION OF THE FINANCIAL AND ECONOMIC SECURITY OF UKRAINE

Abstract. The problem of legal regulation of the financial and economic security at all levels of Ukraine’s economy is extremely important. In our opinion, the most complicated problem in the system of legal regulation of the financial and economic security is the problematic issue of limits of state intervention in the economy. Theoretical basis. It is necessary to avoid the potential detrimental influence of the state on economic processes, to achieve a reasonable combination of public administration and regulation concurrently with the autonomy of economic entities and their inherent self-regulation. Our study is aimed to highlight the problems of legal regulation of the financial and economic security in the context of current challenges and threats to the sovereignty of Ukraine. Scientific novelty. The results of our study are aimed at improving the mechanism of the financial and economic security of the state and substantiation of measures intended to strengthen it by methods of legal regulation. Conclusions. This article analyzes the results of the scientific research of the problem of legal regulation of the financial and economic security of Ukraine, mainly the results for years 2019—2021. The authors support the idea of regulating the financial security of the state by means of the new law of Ukraine «On Fundamentals of the Financial Security». It should include clearly defined approaches to the formation of the system of the financial security of the state, the mechanism of its functioning, powers and the scheme of interaction of subjects of the financial security of Ukraine. Positive changes in the regulatory environment in the financial sphere of Ukraine have been studied, namely the establishment of the Bureau of Economic Security of Ukraine, the development of the Strategy of Economic Security of Ukraine until 2025, etc. The authors proposed some improvements to the Strategy: it is advisable to add appropriate programs with clearly defined sources and amounts of funding, stages of implementation and assigned persons, to expand the list of indicators of the financial security. Keywords: financial and economic security; foreign experience of legal regulation of the market economy; legal mechanism, strategy of the financial and economic security. JEL Classification E60, H70, K10, O17 Formulas: 0; fig.: 0; tabl.: 1; bibl.: 32.

The problem of determining the place of family law in the legal system

The article is devoted to the category of the problem of determining the place of family law in the legal system of Ukraine. The question of determining the place of family law in the legal system is debatable. There are two main points of view on this issue. According to the first of them, family law is considered as an integral part of civil law, its sub-branch, according to the second family law - is an independent branch of law, separate from civil law. The essence of the discussion is to recognize the existence of family law specific subject and method of legal regulation, do not coincide with the subject and method of civil law, or to identify subjects and methods of family law and civil law and, accordingly, to consider family law as a branch of civil law.
 Today, the above questions can be asked in two aspects: in retrospect, in terms of the concepts of family law that have existed in science at different times, and in terms of the modern vision of the problem.
 Today, the intensity of the discussion has decreased due to the revision of basic concepts of law. Restoration of the division of the right into private and public has become not just a tribute to fashion, but a natural and necessary step in the development of Ukrainian legal thought.
 Public law is considered as a set of rules, the subject of regulation of which is the sphere of public (state) interests. The relations that arise here are based on the principles of subordination.
 Private law, on the contrary, is a set of rules, the subject of regulation of which is the sphere of private, individual interests of the person1. Such relations are based on the coordination of the purpose and interests of their participants, who in the process of interaction satisfy first of all their private interests.
 Family law is closely linked to other areas of law, including civil law on property rights and inheritance; Like housing rights, people who are eligible for housing also live in a family, although the definition of an agency has certain departmental characteristics.
 Family law is characterized by the presence of many rules that contain positive obligations. They are primarily addressed to adult family members and relatives - parents, adoptive parents, guardians and trustees. Positive commitments seem to motivate participants in family relationships to positive actions, stimulate their lawful behavior. Yes, parents are obliged to support the child until he or she reaches the age of majority; guardian, trustee is obliged to raise the child, take care of his health, physical, mental, spiritual development, to ensure that the child receives a full general secondary education.

Experimental legal regimes of mobilization type as a method of legal regulation in the context of COVID-19 spread

Experimental legal regime; COVID19; legal regime; legal experiment; “regulatory sandboxes”; legal technique; classification of legal experiments; legality; experimental legal regimes of mobilization type on legal forecasting and legal interpretation methods. The theoretical basis of the research includes well-known legal science categories, i.e. legal regime and legal experiment that get a new interpretation with the appearance of experimental legal regime institute. The main results of the research, scope of application. Experimental legal regime is a broader legal phenomenon than regulatory sandboxes, which includes not only regulation of the digital innovation sphere, but also other rules that are limited in time and space. There are legal regimes with signs of experimentation that are not officially identified by the state as experimental legal regimes. The work studied the experience which arose due to modern changes in state and legal regulation caused by the global epidemic of COVID-19. It is suggested to divide the legal experiments according to the purpose of experimental legislation into the following groups: optimizing, progressive and mobilization ones. The aim of the first group named “Optimizing legal experiments” is to test using of new regulation applied to a large and complex object. The second group named “Progressive legal experiments” is intended to check whether the abandonment of old laws is beneficial in the innovation field. The result is creation of a smart regulation for economic and technological development. The third group named “Mobilization legal experiments” is aimed at maintaining of the existing level of resources, security, and infrastructure in the event of critical situations. It is being proved that the legal restrictions aimed at preventing of COVID-19 viral infection spreading can be classified as experimental legal regimes of mobilization type. The criterion for distinguishing of mobilization experimental legal regimes from others is the voluntary participation in the legal experiment and the goal of the experimental legal regime.Conclusions. The development of mobilization experimental legal regimes implies raising of their legality. It can be achieved by the provision of legal guarantees such as the goals of the legal experiment and the evaluation of their consequences. This will allow identify whether the consequences of the experiment correspond to the goals of the new legal regulation. There must be grounds for limitations to legal certainty caused by legal experimentation. Their manifestation is the goal and evaluation criteria, with the help of which it is possible to determine whether the consequences of the establishment of the experiment correspond to the goals of the new legal regulation. Otherwise, there is a risk of unjustified infringement of the rights and legitimate interests of citizens.

Проблемы реализации принципа всеобщего избирательного права

The article presents the results of a study of the theoretical foundations of the principle of universal suffrage, the practice of its implementation. The analysis of the decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights in which it is reflected is carried out. The authors note that the elections of deputies of the State Duma of the VIII convocation and regional parliaments, which took place in September 2021, once again in the history of electoral democracy in Russia intensified the problem of limiting passive suffrage. The transience of updating the electoral legislation in terms of restrictions on subjective suffrage, the absence of substantial or other discussion of it by the expert community is noted. According to the authors, the modern electoral legislation of Russia as a whole demonstrates a fairly high level of formalization of norms and develops outside the logic of including "soft" methods of legal regulation, ethical and moral values in the electoral process. The imperative method is traditionally regarded as the most prevalent and effective in regulating electoral relations, determining the status of the main subjects of the electoral process. The conducted historical and legal analysis of the electoral law demonstrates that almost all periods of its formation were accompanied by restrictions on the right to vote and be elected. This conclusion is directly related to both the domestic and foreign history of electoral democracy. The restriction of passive suffrage in the conditions of recognition of political and ideological diversity as one of the principles of the constitutional system of Russia can lead to conflict caused by the status, sociopsychological assessment of one's own lack of demand or unrealizability. Particular attention was paid by the authors to the practice of implementing the provisions of the electoral legislation that enshrine the refusal of registration of candidates or its cancellation on the basis of their possession of foreign financial instruments, involvement in the activities of extremist organizations. The problem of guarantees of passive suffrage has actualized discussions about constitutional identity. The concept of constitutional identity in modern constitutional and legal science has not yet been properly developed. The scientific, practical and political interest of constitutional identity, as a rule, increases in connection with the interaction of international and national law and order. Constitutional identity means the consolidation in the Constitution of the Russian Federation of values, principles and norms that are conditioned by the natural laws of constitutional development.

Legal regime: the concept and features

The purpose of the study is to conduct a general theoretical analysis of scientific approaches to the definition of the concept and essence of the legal regime in order to overcome its narrow industrial understanding and identify the role and significance in the process of legal regulation. General scientific and private scientific methods of knowledge including formal legal and comparative legal methods have been chosen as research methods of this paper. Logical techniques allowing to reveal the essence of legal regimes and formulate the author's definition of them have also been applied. The analysis of scientific works expressing various opinions indicates that at present an instrumental approach to the definition of the concept and essence of the legal regime prevails directly (or indirectly through the procedure of legal regulation) as a set of legal means (instruments). The following are mentioned as signs of the legal regime: mandatory normative legal consolidation (formal legal nature), specific target, special regulatory order based on a combination of legal means and methods of legal regulation, in relation to subjects of law, i.e., in a subjective sense, creating of favorable (or unfavorable) conditions to achieve certain interests, systemic and integrated character of a regime and its special structure. As a result, the author's definition of the legal regime is presented as a special procedure for the legal regulation of public relations, based on a certain combination of legal means and methods of legal regulation (permits, prohibitions, and positive obligations) aimed at achieving the relevant legal goals and planned optimal socially significant result.

НЕКОТОРЫЕ ТЕОРЕТИКО-ПРАВОВЫЕ ВОПРОСЫ РЕЦЕПЦИИ ПУБЛИЧНОГО ПРАВА В НАЦИОНАЛЬНУЮ ПРАВОВУЮ СИСТЕМУ

The article analyzes the issues of the practice of legal adoption by the states of the post-socialist space of Western experience in the field of legal regulation, especially in the legal and public sphere, an attempt is made to analyze and generalize the various views of scientists about this legal phenomenon and its features. It is emphasized that despite the many definitions of this phenomenon, unfortunately, the theory of reception, adoptionof foreign experience in legal regulation has not yet been developed. The idea is argued that adoption someone else’s legal experience and methods of legal regulation is a very responsible and often quite risky process that requires a meaningful, scientific approach, and in-depth analysis and effective forecasting of its consequences. Based on the practice of modern legal development, the specifics of adoption, reception in the field of public law are analyzed, well-grounded proposals and recommendations are put forward to improve this process in Uzbekistan in the future.

Organizational and legal problems of the program for the development of genetic technologies implementation

The relevance of this study is determined by the fact that at present legal regulation of genetic research is not comprehensive and does not provide a complete regulation of social relations in the focus. Оne of the factors hindering the development of genetic technologies is the absence of a basic law On genetic technologies. The purpose of the study . The article is devoted to the analysis of modern legal problems and the search for optimal solutions to the organizational and legal problems of the program for the development of genetic technologies implementation. Materials and methods of research . In order to understand modern approaches to relevant problems of improving the organizational and legal mechanism of the program for the development of genetic technologies implementation associated with environmental and biological risks and threats, a comparison of various methods of legal regulation and management, including dialectical, logical, and predictive methods, as well as the method of system analysis, is carried out. Results. Application of these methods allowed to conduct a comprehensive legal analysis of the current legislation and state strategic planning documents, work out a theoretical and legal basis for the development of the basic law On Genetic Technologies and formulate other proposals to improve the current legislation. The core powers of the National (federal) Bioresource Center, the network of federal and regional centers of genetic technologies, as well as the National Center for Biosafety have been identified and grounded by the authors.

МІЖНАРОДНЕ МУНІЦИПАЛЬНЕ ПРАВО ЯК ГАЛУЗЬ МІЖНАРОДНОГО ПУБЛІЧНОГО ПРАВА: ДО ПИТАННЯ ПРО ФОРМУВАННЯ ГАЛУЗІ

The article is devoted to the scientific and theoretical substantiation of the position on the formation of international municipal law as a field of modern international public law. In domestic jurisprudence, the topic is being studied for the first time. The authors connect the emergence of international municipal law with the processes of constitutionalization of international public law and the internationalization of the constitutional legal order of states. These processes were accompanied by the growth of international recognition of the institution of local self-government. First of all, through its international legal regulation and contextualization of topical aspects of the activities of local governments, taking into account their international activities. In particular, through the development and adoption of a number of international multilateral treaties and the preparation at the United Nations level of the draft World Charter of Local Self-Government. In the context of the internationalization of the constitutional legal order of countries in the field of urban law, significant processes of borrowing international legal standards of local selfgovernment by state constitutional law are indicated. Based on the analysis of international practice, a conclusion is made about the compliance of Ukrainian legislation with international standards. At the same time, recommendations are given for its improvement, in particular, for financing local governments, budgetary decentralization, limiting the competence of local state administrations, etc. The formation and development of the architecture of modern public international law, its institutional and structural system is usually associated with its sectoral construction, which is based on the definition of the subject of legal regulation and method of legal regulation. The emergence of a new subject of legal regulation in public international law, as an independent and autonomous legal system, is based on the actualization, emergence, activation, contextualization of cooperation in a new field of interstate cooperation, which in practice is determined by the emergence of a new object of international law. In this case, the methods of international legal regulation in public international law remain constant – either imperative or dispositive. However, today in the formation of new branches of public international law plays an important role trend that emerged during the formation of a new form of globalization – legal, which has such a nomenclature – the constitutionalization of public international law and the internationalization of constitutional order. In general, the national legislation of Ukraine meets world standards, but some legislative norms should be improved. First of all, this concerns the financing of the local state administrations, limiting the competence of local state administrations to the level of control functions and mediation between the local governments, the executive branch and the President. In addition, it makes sense to provide a mechanism for the implementation of the international legal standards for the subjects of Ukrainian local self-government.

Constitutional Legal Prohibitions: Concept, Types, Technique of Presentation

Based on the research of legal prohibitions existing in the general theory of law and branch legal sciences, the article analyzes the constitutional and legal prohibition as a method of legal regulation. The author proceeds from the fact that the subject of constitutional and legal regulation determines its special place in the system of legal regulation. This inevitably affects the methods of constitutional and legal regulation and prohibitions in particular. The article highlights the general features that are inherent in all legal prohibitions, and the specifi c features of constitutional and legal prohibitions that refl ect their specifi c features. In the study of the types of legal prohibitions, the existing classifi cations in both the general theory of law and constitutional law are considered. Without entering into a discussion on the classifi cation of prohibitions, which has already been the subject of discussion many times, the author suggests a slightly diff erent approach - to analyze the prohibitions from the standpoint of legal technology, i.e. from the point of view of how the legislator formulates and sets out the prohibition. At the same time, a reservation is made about the regulatory framework of the study. Not all Russian constitutional legislation has been analyzed, but only the text of the current Constitution. Hence the formulation of the question - "constitutional and legal prohibitions", and not «prohibitions in constitutional law». The second phrase would imply the inclusion in the regulatory framework of the study of many federal constitutional and federal laws, as well as constitutions (charters) and laws of the subjects of the federation. The conducted technical and legal analysis allows us to propose, in addition to the existing ones, classifi cations of constitutional and legal.

Certain aspects of possible codification of legislation of intellectual property law

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law
 The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts.
 Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

Abuse of the Rights of the Taxpayer

Statement of a problem. The design of abuse of law, first developed for the sphere of private law, was further transferred to the sphere of public law. But this does not make it possible to equate abuse of law in private and public relations. There is a fundamental difference between them due to the nature of the regulated relations, the specificity of the methods of legal regulation. The process of shaping and developing perceptions of the possibility of abuse of rights in the field of taxation has gone through a complex, contradictory path of development. Initially, the Constitutional Court of the Russian Federation effectively recognized that the category «abuse of the right» did not apply to taxpayers. However, the need to find a balance between public and private interests required the development of fundamentally new approaches, naturally derived from the content of general and special principles of tax law. The aim and objectives of the study is to carry out a systematic analysis of the peculiarities of taxpayers» abuse of their subjective rights. Methods. Methods of knowledge of legal reality are used general (dialectic), general scientific (the analysis, synthesis, classification, generalization, the description) and private and scientific (legallistic, interpretation methods) when carrying out a research. Conclusions. Abuse of tax law is a particular form of tax offences. Unlike the offences of the classical kind, its wrongfulness, the public danger is veiled as the subject tries to take his behavior into legal form. Abuse of the law in the field of taxation is an illegal socially dangerous act of the taxpayer, in the sense that the person, based solely on his own interests, deliberately goes beyond the limits of a legally defined measure of possible behavior, while unduly reducing the measure of his proper behavior and the measure of possible behavior of other participants in tax legal relations. The courts, given the nature of the abuse committed, may deny a person the protection of his subjective right in whole or in part; Oblige a person to comply with his or her tax obligation; To decide on compensation for the damage caused to the public interest in the form of an accrual and recovery of penalties for late payment of fiscal payments and tax sanctions – fines for improper performance of public legal obligations in the field of taxation.

The theory of the executive process and its conceptual apparatus

The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings:
 1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).

Features of legal regulation of labor relations regarding the implementation of legal guarantees

Problem setting. The implementation of the norms of a particular branch of law can occur only in the relations that constitute its subject, thus transforming these relations into legal relations. Labor law is no exception. In this regard, the rules on guarantees must be considered in terms of implementation in relations that are part of the subject of labor law. Note that the relations that are the subject of labor law are governed by special methods that form a single method of this branch of law. This, in turn, gives rise to the assertion that an additional circumstance that allows to include the relations included in the subject of labor law to an independent form, is the possibility of applying to these relations methods of legal regulation characteristic of the method of this branch of law. This approach should be used in relation to the provision of guarantees and compensation, the inclusion of which in the subject of labor law as a separate type is not excluded. To do this, we highlight the main methods of legal regulation proposed by the science of labor law, which characterize the method of this branch of law. Analysis of recent research. The works of many labor scientists, in particular: N. Bobrova, M. Vitruk, D. Karpenko, T. Markina, P. Nedbayl, K. Urzhinsky, are devoted to the study of guarantees in labor law. V. Skobelkin, O. Smirnov, N. Stolyar, L. Surovskaya, O. Yaroshenko and others. Target of research is to consider the relationship between the methods of legal regulation of the method of legal law for the provision of guarantees and compensation. Article’s main body. The article covers the issues of legal regulation of labor relations for the implementation of legal guarantees. The peculiarities of the method of legal regulation are described. It is indicated how the methods of legal regulation of the method of labor law relate to the relationship of providing guarantees and compensations. It is concluded that the regulation of relations on the provision of guarantees and indemnities takes place using special methods that are not used in relations that are the subject of labor law. Conclusions and prospects for the development. Thus, the characteristics of the method of labor law, in terms of the possibility of applying its methods to the relationship of guarantees and compensation allows us to draw the following conclusions: the method of labor law is a special combination of ways to influence the rules of law on public relations. The regulation of relations for the provision of guarantees and compensation is using methods that determine the method of labor law. At the same time, the regulation of relations on the provision of guarantees and indemnities also takes place using special methods that are not used in relations that are the subject of labor law. This fact determines the specifics of their intended purpose and indicates the presence in the system of labor law of an independent legal institution – the institution of guarantees and compensations.