Methods Of Scientific Knowledge Research Articles

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.

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.

Development of an analytical model for assessing the risks of financial and economic activities of State (municipal) institutions based on the pairwise comparison method

Subject. The article considers developing an analytical model to assess the risks of financial and economic activities of State (municipal) institutions. Objectives. The aim is to devise a comprehensive analytical model for assessing the risks of financial and economic activities of State (municipal) institutions, taking into account their specific activities, and assess these risks. Methods. The study employs general and specific scientific methods of cognition (analysis and synthesis, induction and deduction, grouping, comparison, expert assessment, mathematical methods, like the method of analyzing hierarchies, etc.). Results. I designed an analytical (mathematical) model of integral indicator for risk assessment in State (municipal) institutions’ financial and economic activities, offered a scale used to assess such risks. The proposed mathematical model was tested in several State institutions, with the presentation of results. Conclusions. The development of software using intelligent technologies based on the analytical model of integral indicator will enable to more quickly and effectively assess the risks of financial and economic activities of a State (municipal) institution, and track the dynamics of risk changes.

Genesis of Music Video Clip as a Popular Form of Modern Audiovisual Culture: Experiments with Music Visualisation

The purpose of the article is to reveal the peculiarities of the development of the music video clip in the context of the historical interaction of musical and audiovisual culture. Research methodology. General scientific methods of cognition were applied, in particular analysis and synthesis, systematisation of theoretical data, the method of structural-functional analysis, which made it possible to reveal specific aspects of the interaction of music and various forms of artistic practices in the space of audiovisual culture; a typological method, with the help of which various features of the music video clip in the structure of modern audiovisual culture are revealed. Scientific novelty. The genesis of the music video clip as a popular form of modern audiovisual culture is studied; the problem of integration of visual images and music as part of artistic practices in historical retrospect is considered. Little-known works of foreign scientists, the problems of which are correlated with the subject area of research were introduced into scientific circulation. Conclusions. The genesis of the music video clip testifies to the significant role of artistic practices in the process of image and music interaction at the early stages, which contributed to the invention of new creative ways of representing the imaginary – animation and montage proposed by avant-garde artists; videos and video installations created by mastering the television image; music videos that opened a new dimension for experimentation, becoming an influential form of modern culture. Artistic history of analogue interactions between cinema and music during the 20th century demonstrates the antecedent conditions of production, perception, and socio-political context that were necessary for the mass popularization of the music video as an established form. Thanks to the early experiments in the formation of visualised music, the music video as a new form of audiovisual art gained cultural value, which allowed it to play a significant role at the modern stage. The music video played and continues to play a key role in the socio-cultural space. The technological evolution from analogue to digital means of production and display has accelerated the development of both the form and the aesthetics of the music video, which emphasises one of the most important roles of art in society – to provoke thought and encourage a rethinking of social, political and cultural conditions and surroundings, using this is the main means of communication, including popular music.

Ideas and Methods of Cognitive Science in the Studies of International Relations and Foreign Policy

International studies have recently witnessed a renaissance of interest in the study of decision-making patterns related to the influence of individual and group actors and the resulting need to understand their deep psychology, the nature of their incentives and motivations. Such studies update the application of behavioral and cognitive sciences in the field of international relations and foreign policy, and encourage the adaptation of the methodology of specialized disciplines to solve complex socio-political problems. The present paper is an attempt to inventory key research subject areas and related literature, as well as to demonstrate the application of existing theories to the analysis of current political issues.

Transhumanism, managerism and the special military operation in Ukraine

The article analyzes two ideologies that are the most important for the modern Transhumanism and managerialism as two ideologies most significant for the modern Western world have been analyzed. The study of these issues was carried out in the context of identifying the relationship between the Western elites’ support for Ukraine and the transformation processes that are taking place in the European Union and North America. The purpose of the study is to determine what social changes in the West lead to forming barriers to the peaceful resolution of the Russian-Ukrainian conflict. The work applied general scientific methods of analysis and synthesis, as well as the comparative method of scientific cognition. Document analysis was used as an applied method of collecting empirical information (the study of information portals, state authorities’ and non-governmental organizations’ websites). As the study result, the following conclusions have been made. The transhumanism ideology in the countries of the European Union and North America is focused on creating a “society of the chosen”. The transhumanism and managerialism application leads to a significant increase in society manageability by accelerating traditional social ties disintegration. Western society transformation increases its vulnerability due to incomplete change of social values and internal resistance to transhumanism and managerialism. The special military operation on the territory of Ukraine is used to strengthen integration processes in the West.

The Problems of Ideology in the Context of State-Legal Reality

Introduction. The article analyzes the phenomena associated with the emergence of ideologies, their manifestations in the conditions of state and legal reality, as well as the views of researchers regarding the concept of ideology, which for many decades was considered as false consciousness. Changes occurred only by the end of the XX century with the emergence of new scientific concepts with the participation of foreign and domestic scientists. social group, then there should also be a political direction in the activities of the state. It could have the character of a humanitarian policy. The study presents its author's definition. Particular attention is paid to the nature of the interaction between ideology and law, which is considered as a value phenomenon. After the adoption of the decree on the approval of the foundations of state policy for the preservation of traditional values, such a conceptual document is considered by the authors in the context of its ideological content, without which strategic planning for the development of the country is impossible. The issues of interaction between ideology and law are analyzed in the format of the state as a complex social system. The article contains an analysis of the influence of information technologies used in legal relations, which generates the need for legal regulation, which means that they are included in the object of legal cognition, reflection and comprehension by legal consciousness. The conclusion is made that it is necessary to pay more attention to the factors that have a positive impact on legal consciousness. It is argued that the state-legal reality allows us to see the state in its legal design and legal consolidation, and the law in its state provision and guarantee, without interfering with the detailed analysis of both the state and the law. In conclusion, the author formulates proposals concerning the objective demand for ideological forms by the state and its power structures, even if the dominant ideology is not enshrined in the country, since all social institutions have ideological foundations in the protection of values and traditions in society.Materials and methods. The theoretical and methodological basis of the scientific research consists of general scientific and special scientific methods of cognition. In the work, the methods of systemic, comparative legal analysis, ascent from the abstract to the concrete, philosophical and legal research tools of ideological processes, the involvement of the results of domestic and foreign research on the interaction of ideology and law, statehood, state structure as a complex social system were used.Results of the study. Based on the results of the analysis, it was revealed that the state and its power structures in the conditions of a specific state-legal reality objectively require ideological forms, even if the dominant ideology is not fixed in the country. Consequently, all social institutions have ideological foundations in the protection of values and traditions in society. Discussion and conclusion. The ideological component is manifested in law, among other things, in politically engaged, opportunistic norms and normative legal acts. The intellectual content of the country's strategic development is closely related to the concept of "Russian identity". Identity answers the questions: What are we? Where are our roots? What are our traditions? How do we pass on these traditions from generation to generation? The description of identity remains a scientific and historical description of society. In turn, identity is closely related to ideology. But if identity answers one question: What are we? Ideological forms contain answers to the questions: Where are we heading? What is our goal?

Restriction of Passive Suffrage in the Legislation of the Russian Federation

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

Specifics of the Constitutional Right to Establish and Operate the Trade Unions

Introduction. In the framework of the legal regulation of the trade union activities in Russia, a number of regulations cause certain contradictions with regard to establishment of the social and labour relations. Difficulties in interaction of the trade unions with the employers and the state, supplemented by the competition with the private labour, arise the problem of preserving the institution under study as the one aimed at the formation of a system of social partnership, development of the labour environment, national economy and social equality. Therefore, the research strives to investigate the constitutional requirements for establishment and operation of the trade unions to enable harmonization of the social and labour relations. By finding the legislative gaps in the process of implementing the rights of citizens to establish and operate the trade unions, it is possible to modernize the regulatory legal institutions in this field. The aim of the research is to study the specifics of the constitutional right to establish and operate the trade unions.Materials and Methods. The methodological framework was organised based on the selection, analysis and systematisation of the relevant regulatory and legal data and research works in the subject area. The use of a set of general scientific (dialectical, logical, systemic) and specific scientific methods of cognition (comparative legal, dogmatic legal, sociolegal) made it possible to study the principles of state regulation of the trade union activities, identify the gaps in their work and shortcomings due to be eliminated, as well as to summarise the factors of applicability of the constitutional operational procedure to the activities of the trade union organisations in Russia.Results. The constitutional right to establish and operate the trade unions has been analysed. It has been acknowledged that determination of the legal advantages of the trade union members does not correlate with the process of declining the popularity of this institution in the Russian Federation. It has been revealed that this trend is caused by the several problems, i.e.: the multiplicity of the legislative requirements creates a number of contradictions in the relations between the trade unions and employers preventing the full freedom of organisations’ activities; the process of establishing the trade unions is complicated by the need to incorporate the legal entity, the legislative predetermination and formality do not give freedom to the organisations in compiling the charter and making changes to it without permission of the state; the principles of the internal relations regulation must comply with the standard provisions of the Labour Code of the Russian Federation, which also limits the trade union activity; the court defence of the rights of the trade union members needs to be revised and modernized to eliminate the ambiguous provisions and reduce the bureaucratic processes. The use of the variable collective agreements and principles of social partnership aimed at harmonisation of the social and labour relations have been proposed as the solutions to the identified problems.Discussion and Conclusion. The study has identified the key issues and underdeveloped aspects of the constitutional regulation of the trade union activities in the Russian Federation, which could be solved through the optimisation of the excessive legislative requirements, issuing the updated provisions on court defence of the trade union members, establishing the full independence and autonomy of such organisations in the matters of internal regulation, as well as through the development of the system of social partnership. The theoretical and practical conclusions drawn in the paper could be used for further research in the field of improving the legal literacy of the trade union members.