Methods Of Scientific Knowledge Research Articles

A stadium approach to managing the creation and development of external business partnerships

Relevance. In modern economic conditions, partnerships cover a wide range of issues: from the motives for creating to evaluating the results of cooperation. To understand the specifics of managing external business partnerships, it is necessary to systematize the main stages of their creation and development.The purpose of writing this article is to apply a stadium approach to managing partnerships to identify promising areas for their development.Objectives: Tasks: to complete the list of stages (highlighted and proposed earlier by other researchers) of the creation and development of external partnerships in business; to give a detailed description of each of the highlighted stages; to identify the key characteristics of external partnerships between organizations at various stages of formation and development.Methodology. When writing this article, a set of general scientific methods of cognition was used: observation, comparison, description, content analysis.Results. The proposed study presents the results of a discussion among some foreign and domestic scientists considering the categorical apparatus of partnerships between organizations. In the article, the author has supplemented the list of stages of partnerships (origin, development and maturity), identified and proposed earlier by other researchers, with the final stage. The article presents a sequence of stages of external partnerships with an appropriate characteristic. Attention is paid to the description of partnership forms (clusters, consortia, technoparks, strategic alliances) in the event of a possible transition of business relations (at the final stage) to a new level characterized by a long duration of cooperation.Conclusions. The key characteristics of each stage of partnership relations are systematized, which will allow in the future to carry out managerial influences on the formation and development of business interaction.

Progressive scale implementation for personal income tax as a necessary condition for ensuring social justice

The purpose of the study is to examine the role and importance of this tax when forming revenues of consolidated budgets of the constituent entities of the Russian Federation in the context of federal districts, and its impact on the formation of indicators characterizing the social sphere, as well as to analyze the positive foreign experience of personal income taxation. The general scientific methods of cognition (analysis, synthesis, generalization, grouping, comparison, tabular, etc.) were used. The study is based on official data of the Federal State Statistics Service and the Federal Tax Service of the Russian Federation. It has been established that personal income tax fulfills its fiscal function, and it is the main source of income of local budgets and regions. As for the social function, it is currently lost. It is reflected in the following: in four federal districts, where about half of the country’s population lives, wages are below the average Russian level; the coefficients of funds and Gini coefficient are not improving; deductions and benefits on personal income tax do not fulfill the social function, social justice is not ensured, and social stratification of society is increasing. In the context of the current unfavorable demographic situation and external challenges due to Western sanctions, it is necessary to strengthen motivation to work, considering foreign positive experience to introduce a real and workable progressive scale of personal income taxation.

Analytical capabilities of reports on research activities of universities: Current practice and prospects

Subject. The article considers various types of reporting as sources of information on the research activities of higher education institutions in Russia to assess its effectiveness. Objectives. The aim is to examine the current reporting system based on the specifics of the activities of Russian universities in order to identify problematic aspects of the presentation of information on research and development, determine further prospects for improving the structure and content of reporting on the results of research activities of universities. Methods. The study employs general scientific methods of cognition, including analysis, synthesis, observation, systematization, classification, comparison, generalization. Results. We reviewed forms of statistical monitoring of university activities in the field of research and development, the structure and content of reporting, examined the structure and content of university self-examination reports characterizing research activities, investigated possibilities for evaluating the research activities of the report on intellectual capital of universities, integrated reporting, and comprehensive public reporting of universities. Conclusions. All reports are generated with varying level of detail, the same information is duplicated in different forms of reporting, some reports are overloaded. Reporting is mainly aimed at satisfying the interests of government regulators and does not meet the needs of other stakeholders. This necessitates the development of modern advanced reporting concepts, taking into account the specifics of universities to meet the needs of a wide range of users.

Features of the functioning of the European Union institutional mechanism

The institutional mechanism of the European Union remains an important object of research in connection with the constant evolution of integration processes and political challenges faced by the EU. In the conditions of globalization, economic crises and geopolitical instability, there is a need for a flexible and effective management system. However, despite significant achievements in the development of its institutions, the EU continues to face challenges related to the transparency of decision-making, the accountability of institutions and the proper representation of the interests of Union citizens. This is especially relevant against the background of the current debates on reforming the EU and improving its internal architecture. The article focuses on analyzing the institutional mechanism of the European Union, its evolution, and the current challenges in ensuring the effective functioning of this supranational organization. The aim of the study is to examine the functioning of the EU’s institutional mechanism in terms of its ability to ensure coherence and efficiency in decision-making processes and the implementation of common policies. The research employed general scientific methods of cognition, such as analysis, synthesis, induction, deduction, and comparison. The study’s findings show that the institutional mechanism of the European Union is a complex, multi-level system that ensures the interaction of key institutions for the Union’s effective operation. The European Council performs a strategic role by determining the overall political directions of EU development. The European Commission carries out executive responsibilities and initiates legislative proposals, while the European Parliament and the Council of the EU jointly exercise legislative functions, emphasizing the equality of these institutions in decision-making. The Court of Justice of the European Union ensures compliance with legislation, providing legal oversight over the implementation of EU treaties and decisions, thereby guaranteeing the legal consistency of all institutions’ activities. The European Central Bank plays a key role in financial control, being responsible for monetary policy, while the Court of Auditors oversees the spending of the EU budget. The EU’s institutional system also includes numerous auxiliary bodies and agencies, such as the Committee of Permanent Representatives (COREPER), which plays a critical role in policy coordination between member states. These institutions provide multi-level cooperation between national governments and EU bodies, highlighting the Union’s supranational character and its integration processes.

Minor theft committed from oil, oil product and gas pipelines

Relevance. The article deals with the issues of insignificance of the act, stipulated by item. "b" part 3 part 3 of article 158 of the Criminal Code of the Russian Federation. The grounds and conditions of the grounds and conditions of insignificance of thefts. On the basis of the study of judicial practice are outlined peculiarities of application of the provisions on insignificance to theft of hydrocarbon raw materials from the pipeline raw materials.Purpose: to study the possibility and conditions of applying the provisions of part 2 of article 14 of the Criminal Code of the Russian Federation to the theft committed from an oil pipeline to theft committed from an oil pipeline, oil product pipeline and gas pipeline (item "b", part 3, article 158 of the Criminal Code of the Russian Federation).Objectives: study and identification of conditions of application of insignificance of a deed to the theft from pipelines on the basis of analysis of modern judicial practice and provisions of doctrine of criminal law. Methodology. The methodological basis of the study was the general dialectical method of scientific cognition. of scientific cognition. The author used such private methods as: Formal-legal, sociological and method of legal modelling.Results. The authors analyzed and summarized the conditions, distinguished in the theory of criminal law, under which a specific socially dangerous act can be recognized as insignificant and projected on theft committed from an oil pipeline, petroleum product pipeline, petroleum product pipeline. oil, oil product and gas pipelines, and studied the materials of materials of judicial and investigative practice on the termination of criminal cases on theft of raw materials from the thefts of raw materials from pipelines due to insignificance, the author's conditional criteria were singled out criteria under which the theft of oil, oil products or gas can be considered a low-value act. as an insignificant act.Conclusion: the individual danger of a specific fact of theft from pipelines in some situations may not correspond to the level of criminal danger, which the legislator has laid down in the relevant act as a result of its criminalization. The conducted research allows us to determine the approximate mandatory and optional signs for recognizing theft from pipelines as insignificant.

Participation of citizens in the court consideration of criminal cases against minors

Relevance. Citizen participation in the administration of justice increases the openness of legal proceedings and the level of citizen confidence in the judicial system. At the same time, the right of the accused to have their criminal case examined by a court with the participation of representatives of the people is ensured. However, the involvement of non-professional judges in considering criminal cases is always associated with several organizational and procedural problems. To prevent and solve such problems in the criminal process of individual states, restrictions may be introduced on the jurisdiction of criminal cases in courts with the participation of representatives of the people, and specific considerations of certain categories of cases may be provided for. Such specific criminal cases include criminal cases against minors. There is an ongoing debate among Russian scientists and practitioners regarding the possibility of a juvenile defendant exercising the right to have their criminal case heard by a court with the participation of a jury.Purpose: disclosure of historical and modern approaches to the participation of citizens as lay judges in criminal cases involving minors.Objective: to reveal historical and modern approaches to the participation of representatives of the people in the consideration of criminal cases; to identify the possibilities and features of consideration of criminal cases against minors by the court with the participation of citizens; justify the feasibility of forming in the Russian criminal process a special system for considering criminal cases with the participation of representatives of the people.Methodology. In the process of working on the study, comparative-legal, formal-legal methods, and general scientific methods of cognition (analysis, synthesis, analogy) were used.Results. There are proposals formulated to adjust doctrinal and normative approaches to the consideration of criminal cases against minors with the participation of lay judges.Conclusion. The existing model of criminal proceedings with the participation of a jury does not consider the specifics of criminal cases against minors. However, expanding opportunities for citizens to participate in the consideration of this particular category of criminal cases is socially significant. A constructive discussion is required regarding the development of a model for considering criminal cases against minors with the involvement of lay judges.

COMBATANT IMMUNITY AND THE RUSSIAN-UKRAINIAN WAR: REOPENING THE DEBATE ON A LONGSTANDING DOCTRINE

Background: Russia’s invasion of Ukraine has resulted in the largest conflict in Europe since the Second World War, with estimates suggesting that hundreds of thousands of Russian soldiers are implementing the will of the aggressor state. It has long been believed that combatants are immune from criminal prosecution for their actions during hostilities, including the killing of military personnel defending the victim state unless they violate the laws of war. However, this immunity has naturally generated criticism in the Ukrainian legal community. In this article, the authors analyse the critical arguments made by opponents of combatant immunity and seek to clarify the legal and ethical grounds of the controversial doctrine. Furthermore, the well-known debate on the significance of citizenship (nationality) for recognising combatant or prisoner of war status and the liability of defectors is revisited from a new perspective. Methods: The article is based on an analysis of IHL sources, commentaries, state practices, precedents and scientific views on combatant immunity. Additionally, the article examines the practices of law enforcement agencies in Ukraine and the perspectives of Ukrainian criminal law scholars. General scientific methods of cognition (induction, deduction, analysis, synthesis), as well as historical, empirical and systemic-structural methods, are used. The article is structured into three parts. The initial section provides a comprehensive overview of the status of a combatant and their associated privileges within the context of international humanitarian law (IHL), with a particular focus on the ongoing conflict between Russia and Ukraine. The second section delves into the debate surrounding Ukraine's obligation to respect the immunity of the combatant of the aggressor state and offers the authors' conclusions on this matter. The third section addresses the liability of defectors, focusing on the implications of citizenship (nationality) for combatants and prisoners of war (POW). Results and conclusions: Several Ukrainian scholars have expressed their unreserved disagreement with Ukraine's application of the doctrine of combatant immunity to Russian soldiers. In the absence of a direct reference to this exceptional privilege in international treaties to which Ukraine is a party and in light of the a priori unlawfulness of aggression, the critical arguments are not without merit. Nevertheless, we conclude that respect for the immunity of a combatant representing the aggressor state is part of Ukraine's international obligations and has a certain justification. Concurrently, the article acknowledges that the legal and ethical grounds for this are not entirely clear. The question of whether defectors should be recognised as combatants and/or prisoners of war is similarly unclear. Nevertheless, we are convinced that regardless of the answer to this question, the criminal prosecution of defectors for high treason cannot be considered a violation of the immunity of a combatant.

Comparison of institutions of obligation due to harm and unjustified enrichment in modern Russian civil law

Relevance. The study is devoted to comparing the institution of obligation due to harm (Chapter 59 of the Civil Code of the Russian Federation) and unjustified enrichment (Chapter 60 of the Civil Code of the Russian Federation) in modern Russian civil law from theoretical and practical positions using the only criterion of differentiation – the consequences of committed actions (inaction. The article focuses on the problem of choosing a particular claim and notes the ambiguity of judicial practice on this issue.The purpose of the article is to compare the institutions of obligation due to harm and unjustified enrichment (Chapters 59 and 60 of the Civil Code of the Russian Federation), to determine possible improvements in legislation).Objectives: to determine the essence of tort and unjustified enrichment; to analyze various points of view on the relationship between tort and unjustified enrichment and the institution of obligations due to harm and unjustified enrichment; to identify and consider the problem of competition of claims; to propose a possible differentiation of institutions of obligation due to harm and unjustified enrichment.Methodology. In the preparation of the work, dialectical, formal-legal, comparative-legal methods of scientific cognition were used along with methods of description, analysis, and scientific abstraction.Results. As a result of the conducted research, it was recognized that the institutions defined in Chapters 59, 60 of the Civil Code of the Russian Federation have difficulties in their differentiation, which creates the problem of competition of claims. The main criterion for their differentiation should be considered the consequences associated with the actions of a delinquent or unreasonably enriched person.Conclusions. It is concluded that the Plenum of the Supreme Court of the Russian Federation in a special Resolution clarifies the provisions of the norms of the Civil Code of the Russian Federation on the distinctive features of unjustified enrichment and obligations arising from harm).

Comparative analysis of fitness coach training systems

The purpose of this study was to identify and study the most effective practices used in coach training systems in various countries of the world. The following methods of scientific cognition were used: comparative analysis, systematic method, and classification. As a result of the conducted research, an in-depth analysis of fitness coach training systems in the United States of America, Norway, Spain, and Kazakhstan was carried out. It was determined that in the American fitness coach training system, a distinctive feature is a high diversity of educational programmes, which is supported by the standardisation of qualifications. In the context of the Norwegian training system, an emphasis was placed on maintaining and developing the principles of health and activity, and on the professional ethics of specialists, including psychological training and interaction with clients. Consideration of the Spanish approach demonstrated the importance of aesthetics and diversity of physical activity for local educational programmes. The specific features of training fitness coaches in Spain also include issues of motivation and psychological training of future specialists. In Kazakhstan, a combination of conventional and innovative methods in the training of fitness coaches has been revealed, which consists in studying the pedagogical approach and introducing the latest trends in fitness. A detailed examination of the above systems helped to identify key differences in approaches to ethics and responsibility of coaches. Based on the analysis, a universal approach to training fitness coaches based on best practices was developed and described.

Digital Technologies in the National Cadastre System of Uzbekistan: Issues of Legal Regulation

Objective: to critically analyze the state of national legislation of Uzbekistan in terms of legal regulation of digitalization and the use of artificial intelligence in the cadastral sphere.Methods: the research is based on such methods of scientific cognition as formal-legal and comparative-legal analysis, induction and deduction.Results: the provisions that regulate digitalization and the use of artificial intelligence in the cadastral sphere were analyzed, legal gaps were identified. It was determined that the practical application of artificial intelligence technologies outpaces its legal regulation. The shortcomings of legal regulation in this sphere were noted (lacking legal definition of the legal status of artificial intelligence in the national legislation; regulation of business entities’ participation in the management of artificial intelligence, etc.). The said shortcomings hinder its full application and harmonization with traditional sources of cadastral information. The author substantiated the need for universal digitization of the national cadastre and predicts the possibility of wider application of artificial intelligence in the natural-resource cadastral system. It is argued that the existing system in its current state may lead to wrong decisions and cadastral errors, hence, it is necessary to improve the legal regulation of cadastre.Scientific novelty: for the first time the results of the national cadastre digitization were assessed. Forecasts were given about the possibility of using artificial intelligence in this area, subject to further improvement of legal regulation. The latter is fundamentally important for reforming the cadastral system, since the technological basis of this system does not fully meet the needs of the digital economy.Practical significance: it is due to the lack of legal regulation of the artificial intelligence concept and legal status in the national legislation, as well as a unified approach to the cadastral system digitalization. Modern technologies are actively used in practice, but lack a sufficient legal basis. The main conclusions, proposals and recommendations of the study can be a basis for further improvement of the legal framework of Uzbekistan in terms of the application of artificial intelligence technologies.

Primary basic criminal law categories: crime, punishment

The subject of the study: criminal law categories. The issue of criteria for classifying a certain criminal law term into a category remains problematic and debatable. The purpose of the study: to identify the primary basic criminal law categories, to substantiate their features. Research methods: due to the specifics of the study, the methods of system-structural and functional analysis are used as the main ones. as a methodological basis for the study. The dialectical method of cognition of socio-legal phenomena is used, as well as general scientific methods of cognition (analysis, synthesis), private scientific (formal logical, epistemological). The main results of the study: the primary basic criminal law categories are crime and punishment. The category of criminal liability is a secondary criminal law category, since it is derived from the primary legal category of legal liability. The author formulates the signs that characterize the criminal law category.

STEM, STEAM OR STREAM-EDUCATION: IT IS YOUR CHOICE!

The article deals with an actual problem of the improvement of pedagogical education system, namely a new direction – STEM-STEAM-STREAM-education. The objective of the study is to outline the origins of the problem genesis, to analyze the essence and content of STEM-education, to identify the main problems and contradictions, to identify the main means of its implementation. Synergistic, systemic, competence-oriented and activity-oriented approaches have become theoretical and methodological foundation of the study. The conclusion about the expediency of STEM-STEAM- STREAM-education combining has been made on the basis of theoretical analysis of the problem and the students of higher pedagogical institutions questionnaires. It will allow to develop left and right hemispheres of a brain simultaneously, which will contribute to its holistic functioning. With the aim of formation of future natural sciences teachers’ key and subject competences the means of STEM- STEAM-STREAM-education have been determined. That is the implementation of environmental projects in the process of education. The essence and methodology of the following projects implementation have been characterized: «Plastic bottle – a valuable thing from the past or a useless thing of nowadays? », «Let’s save the Christmas tree together», «Destruction of nature», «Eco-feeder for our feathered friends», «Clean gullies – clear conscience». Enumeration of competences based on the reflection of students’ own activities, the formation of which is mostly facilitated by the mentioned project activity has been determined. Fulfilment of eco-projects has a positive effect on the development of components of innovative competence of the students of higher pedagogical institutions (the ability to apply scientific methods of cognition in the educational process, the ability to use innovations in professional activities, the ability to apply various approaches to solving problems in pedagogical activities). The prospects for further study consist in the research of the following problem: preparation of future natural sciences teachers for modeling of educational activity using STEAM-technologies and their significance in the methodology of forming a model of bioethical behaviour of school students on the basis of the concept of sustainable development.

The Legal Nature of the Director’s Liability for the Harm Caused to a Business Company

Introduction: the article analyzes the legal nature of the director’s liability for business company harm. The Russian and foreign doctrinal sources, legislation, and law enforcement practices are investigated. Purpose: to analyze the legal nature of the director’s liability for business company harm and to determine the place of this liability in the system of civil liability in Russian law. Methods: the methodological framework for the study is based on the methods of scientific cognition, in particular the methods of consistency, analysis, and comparative law. Results: the legal nature of the director’s liability for business company harm is determined. Conclusions: business company harm by the behavior of its director is one of the special torts. There are no grounds in Russian law to identify independent corporate liability.

Post-COVID Syndrome as a Defect of a Transaction Through the Example of a Mortgage Agreement

Introduction: currently, society is faced with a very important and urgent task: formatting the established foundations of civil circulation with the participation of individuals in connection with the manifestation of the negative consequences of a new coronavirus infection. Representatives from the medical community have stated that the emergence of a new disease can have negative consequences for a person’s mental health. The concern of law enforcement officers is caused by the fact that over the past 3–5 years, the cases of court proceedings for invalidation of a transaction on the grounds of Article 177 of the Civil Code of the Russian Federation have become more frequent, as committed at the time of ignorance and misunderstanding of the consequences of the transaction not related to the indicators of the individual’s legal capacity as a whole. Undermining the stability of civil circulation, especially in terms of concluding and executing transactions, increases when one of the parties is a capable citizen who, due to a previous coronavirus infection, has deviations from a normal mental state (post-COVID syndrome). The potential for nullifying such transactions and, subsequently, disrupting the dynamics of civil circulation highlights the necessity for the development and implementation of a set of methods and mechanisms that are not primarily legislative in nature but rather focus on flexible enforcement. These methods and mechanisms should be designed to address the negative manifestations, including those caused by the deterioration of an individual’s mental health following a SARS-CoV-2 infection, in the context of significant structural changes in social, environmental, and economic activities. In light of the above, one of the challenges for civilists is the humane and fair application of the provisions on invalidation of the transaction due to the inability of a person to realize and bear responsibility for decisions made due to deviations from the norm of mental health as a result of a coronavirus infection. Of particular importance in the light of the issue under study is the analysis of judicial practice, which allows studying the specifics of law enforcement on this issue and identifying blocks of perspectives in the judicial review of such disputes, taking into account the opinions of representatives of medicine focused on identifying negative consequences in human mental health. Thus, to a greater extent in the practice of civil law than in science, there is a need to formulate the problems of the legal regulation of invalidation of a transaction on the grounds of Article 177 of the Civil Code of the Russian Federation and propose fair, wise, and objective ways to resolve judicial conflicts, which is the purpose of the study. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization, and comparative jurisprudence. Results: the author has studied the judicial practice of modern times on the issue of invalidation of transactions through the example of a mortgage agreement. The analysis has made it possible to recognize that the consequences of a coronavirus infection can affect the psychiatric and mental state of a legally capable person in such a way that the person is unable to realize and understand the consequences of the actions performed. The main result is the conclusion that within the framework of resolving the issue of invalidation of the transaction due to the inability of a person to realize the consequences of his actions, it is necessary to consider in detail the arguments of the person who has applied for judicial protection, including taking into account those medical indicators that normally do not affect the legal capacity of an individual but have a negative effect on mental health.

Amphibolism of Legal Discourse, or the Art of Word Mastery in Professional Legal Activity

Introduction: the paper discusses the problems and prospects of the study of legal discourse in procedural law. On the one hand, the lack of unity and unambiguity in the definition of legal discourse makes it possible to characterize the situation as amphibolic. On the other hand, there is an awareness that everything new is just well-forgotten old. The development of the problem of language and law began as early as ancient Greek philosophers and lawyers of Ancient Rome, who for the first time drew attention to the fact that the words of the law were not identical with its “power and authority” (vin ac potestatem). Therefore, it would be at least doubtful to talk about the relevance of the problem from a position of novelty today. The art of using the word in professional activity has always been of concern to the legal community. Therefore, the paper attempts to show continuity in the study of the issue and the possibility of enriching developments in this direction, taking into account modern achievements. In this regard, the purpose of the study is to generalize the positions available in various branches of knowledge regarding what is included in the content of legal discourse, as well as to identify the functions and properties of this multidimensional concept. Methods: in the course of the research, the dialectical and general scientific methods of cognition were used – observation, description, and theoretical understanding of the material, systematic interpretation. Among the specific scientific methods of studying the subject of scientific research were the formal legal and generalization methods. Results: it is advisable to abandon the complication of the definition of legal discourse by eliminating the accumulation of various components in its content, devoid of practical content. “Do not multiply entities unnecessarily” – this is how Occam’s principle sounds. The definition of legal discourse through words in law most clearly and fully characterizes the essence of this phenomenon. Conclusions: legal discourse is the art of using the word in the professional activity of a lawyer, human common sense.

The Legal Regime of the Investment Protection and Promotion Agreement

Introduction: the paper deals with a new contractual structure – the investment protection and promotion agreement, which is one of the investment instruments aimed at stimulating interaction between a public legal entity and a private legal entity. According to the author, Investment Protection and Promotion Agreements are part of a group of investment agreements mediating the mechanisms of a public-private partnership. The purpose of the paper is to study the problems related to the concept, legal nature, and content of the investment protection and promotion agreement. The author also examines the place of the agreement under study in the system of investment contracts and the relationship with related concepts and categories, including the issue of applying the provisions of civil legislation to it. Methods: both the general scientific and specific scientific methods of scientific cognition are used, among which one can distinguish systematic, dialectical, structural and functional, etc. The methods of formal legal, comparative law, and legal forecasting allow taking into account the specifics of the legal nature of the concepts under study, comparing homogeneous legal phenomena, and identifying prospects for the development of legal relations in dynamics. Results: an analysis of the new contractual structure on attracting investments – the investment protection and promotion agreement led to the conclusion of the legislative confusion and difficulty in determining its content and legal nature. Conclusions: the author concludes that it is difficult to determine the legal nature of the investment protection and promotion agreement (IPPA) today due to the imperfection of the Federal Law “On the Investment Protection and Promotion in the Russian Federation,” which does not allow to unequivocally answer the question of whether an investment project should be implemented within the framework of the IPPA itself, or whether it is also necessary to conclude an additional agreement. It is claimed that the IPPA is an unnamed agreement that has no analogues in the Russian legislation. It is concluded that the structure of the IPPA includes the implementation of an investment project. According to the author, until clarification is made to the Federal Law “On the Investment Protection and Promotion in the Russian Federation,” the IPPA will not be implemented in practice.

The Notarial Form of a Contract as a Way to Protect the Civil Rights of Minor Subjects in Electronic Transactions

Introduction: the notarial form of a contract is one of the ways to protect civil rights in the field of family relations, including in electronic transactions requiring special guarantees and security measures, for the subsequent neutralization of possible disputes and unfair actions. Therefore, the use of a notarial form in such cases becomes a necessary step to ensure the rights and interests of the parties. The notary, as an independent and professional expert involved in the certification of transactions, ensures the reliability and legality of documents. They check the identity of the parties, their legal capacity, as well as the correctness of the formatting and content of the contract. This eliminates the possibility of forgery or providing false data. Purpose: to determine the validity of the use of the notarial form in transactions with minor participants, to identify the advantages of using this form and to create a legal structure for maximum protection of the rights of minors in civil contracts entailing the alienation or acquisition of real estate. Methods: the methodological framework for the study consists of methods of scientific cognition, whose main ones are the methods of consistency and analysis. Results: the author analyzes the legal mechanisms and legal features in transactions involving minors, examines the main theoretical and practical problems of the legal regulation of the implementation and organization of such transactions, including with the use of digital technologies, and formulates specific proposals to improve the current legislation in this area. Conclusions: the notarial form of a contract is an effective way to protect civil rights in the field of family relations, especially in the context of electronic transactions. Its use ensures trust between the parties, the legality and execution of the agreement, and helps to prevent possible conflicts and disputes.

Criminal Charge: Scientific Discourse and Problems of Legislative Consolidation

Introduction: “free” use of the term criminal charge at the legislative level and in its official interpretation is largely a consequence of the scientific discourse on the essence of criminal charge, the controversy that has been waged for decades in the theory of criminal procedure on problems related to the concept of criminal charge. In the paper, the authors set a goal to consider the admissibility of polysemicity when using the concept of criminal charge, to identify possible aspects of this legal phenomenon that allow us to reveal its essence and the procedure for its implementation in criminal proceedings. Methods: the methodological framework for the research is a set of methods of scientific cognition, such as the methods of information processing and logical analysis, synthesis, induction, deduction, and generalization. Results: the results of the scientific discourse on the essence of the criminal charge presented in the paper make it possible to understand the problems associated with the polysemicity of the legislator’s use of this concept and demonstrate the influence of doctrinal ideas about the essence of legal phenomena on their legislative consolidation. Conclusions: the concept of “criminal charge” is an integral, interrelated system of aspects, the totality of which allows us to fully express its essence. Only consideration of criminal charge as a multidimensional phenomenon and as an integral systemic category that has certain natural properties and allows revealing its essence explains the ambiguity of using this concept in the text of the law.

Investing: The Concept and Classification of Schemes with Legal Significance

Introduction: the theme of investment and investing invisibly but tangibly accompanies a person in modern life. The desire to increase their funds is becoming an urgent need of the population. It is carried out through doing business as well as increasing the personal income of citizens. Investment opportunities in the economy as a whole, in relevant markets, and in people’s behavior are expanding. There is an interest in training in this field, and in this regard, the importance of knowledge of the theoretical foundations of investment activity at the level of the main groups of investors and the mechanism of investment in various forms of its implementation increases. The purpose of the paper is to study issues related to the concept of “investment,” the relationship between the concepts of “investment” and “investing,” the legal structures of investment, features of legal forms of investment and their differences from other similar forms of capital investment, investment as a transaction and a type of entrepreneurship, as well as investment schemes and their classification. Methods: the paper uses both the general scientific and specific scientific methods of scientific cognition, among which there are: systematic, dialectical, structural and functional, etc. The methods of formal legal, comparative law and legal forecasting allow taking into account the specifics of the legal nature of the concepts under study, comparing homogeneous legal phenomena, and identifying prospects for the development of legal relations in dynamics. Results: the author considers the main economic and legislative concepts related to investment and investment activity. The features of investing in various market assets are identified and analyzed. The approaches to the analysis and management of the investment portfolio of stocks and bonds are being investigated. Two legal forms of investment have been studied: contractual investment and corporate investment. The author explores new and alternative forms of investment, the main economic and financial categories, factors determining the investment climate, ways to form a portfolio of stocks, bonds, and their management, derivative financial instruments, and explores classifications and investment schemes. Conclusions: it is concluded that an investment represents a certain amount of capital, and the process of their implementation is defined as investment activity (investing). It is proved that the legal structure of investment includes a wide range of rights, duties, and responsibilities of business entities, which includes, in addition to the norms of the civil legislation, the norms of various branches of law. It is revealed that the legal status of an investor is intermediate between a “business entity” and an ordinary “individual.” It is argued that in both legal forms of investment (contractual and corporate), the investor transfers the investment to the other party. In the case of a contractual investment, the investor transfers them to another party (the organizer), who uses them for the purpose specified in the contract (intended purpose). As for the corporate form, the investment is carried out, for example, in the authorized capital of a company, and the investor acquires the rights of a participant in this company. If contractual investment is based on the “classical norms” governing civil law contracts, then corporate investment has a number of features related to the regulation of corporate relations. Investment is classified into main groups, as well as long-term real investment, taking into account planning and accounting practices. From a practical standpoint and based on the current legislation, investment schemes are outlined.

THEORETICAL AND APPLIED FOUNDATIONS OF EMPLOYEE MATERIAL LIABILITY

This article delves into the theoretical and practical aspects of employee material liability, focusing on the standards governing the material liability of employees in Ukraine and the European Union. The research aims to analyze the current Ukrainian legislation and international practices to improve approaches to regulating material liability within a market economy. General scientific methods of cognition, such as analysis, comparison, systematization, and generalization, were employed during the study. The findings reveal that Ukrainian legislation stipulates four main types of material liability: full, limited, enhanced, and collective. Full material liability, as regulated by Article 134 of the Labor Code of Ukraine (LCU), applies when there is a written agreement between the employee and the employer, particularly in cases where the employee is entrusted with material assets for use or safekeeping. Key documents for this include an authorization and an agreement. Additional full liability arises in cases of intentional damage or when the employee is under the influence of alcohol or drugs. Limited material liability is applied when the losses are less than the average earnings of the employee and does not cover amounts exceeding this threshold. The procedure for calculating average wages is regulated by the CMU Resolution No. 100 of February 8, 1995. Enhanced material liability pertains to employees involved in the handling of precious metals, stones, and currency valuables and can reach up to double or triple the value of the incurred damages. Collective liability applies to groups of employees jointly responsible for damage caused to the enterprise. The practical significance of the research lies in the potential for enhancing the legal framework governing employee material liability in Ukraine, taking into account European experience.