Method Of Legal Regulation Research Articles

Диспозитивный и императивный методы правового регулирования: философско-правовой генезис и междисциплинарная экстраполяция

In this article, the concepts of “dispositivity” and “imperative” are considered as methods of legal regulation from philosophical and legal positions. The author draws parallels with the presence of free will in the individual in the philosophical paradigm, identifying this state of affairs with the dispositive principle in law, and, on the contrary, reflects on determinism as a kind of orderliness inherent in the imperative method. The author's view on the correlation of the use of the previously mentioned methods in the current reality, from the point of view of their essential features, seems to be the most curious. Additionally, the question of the viability of one method in the absence of another is raised, similar to such philosophical trends as compatibilism and incompatibilism in relation to human freedom of expression.

Legal issues of the artificial intelligence identification

Artificial intelligence, as well as a number of other products of the technological revolution, served as a prerequisite for the formation of a specific area of public relations, which led to the search for adequate forms and methods of legal regulation. The use of legal resources in the process of creating the necessary regulators has led to the accumulation of relevant practical experience and the emergence of a disciplinary ontology accumulating doctrinal knowledge about the AI legal existence. The central place in it is occupied by the issue of AI legal identification, which has both theoretical and practical significance. Its development involves the development of a complex of fundamental, programmatic and design issues. The article presents the solutions forming this complex in the context of the development of scientific legal knowledge and practice of legal regulation in the field of AI creation and use, as well as a rational view of mediation by law of the considered public relations in its current form; the author characterizes the content and dynamics of this view, analyzes the accumulated law-making experience and practice of legal experiments. The article also sets out forecasts for the further development of this segment of the legal sphere and the tools used to streamline it; defines the tasks of the legal doctrine for the future. The article was prepared on the basis of a scientific report presented by the author at a meeting of the Presidium of the Russian Academy of Sciences on March 12, 2024.

Application of criminal law measures as a legal institution

The article highlights the issues of application of criminal law measures as an independent regulatory and legal institution which has a cross-sectoral nature. This institute is complex, since it includes two sub-institutes – criminal law and criminal procedure, and is characterized by its subject matter and method of legal regulation, and is intended to regulate social relations which arose in connection with the introduction in Ukraine of the institute of quasi-criminal liability of legal entities for the fulfillment of Ukraine’s international obligations. The author suggests that a regulatory legal institution should be set out in a standardized manner in various legal acts. Unlike the criminal law sub-institution of application of criminal law measures, criminal procedural rules are «scattered» throughout the text of the Code of Criminal Procedure of Ukraine, which impedes the effective application of the relevant rules. The analysis of the few verdicts that have imposed criminal legal measures on legal entities indicates that, given both the normative shortcomings in the presentation of criminal procedural rules of the institution of application of criminal legal measures and the actual lack of training of interested parties (investigators, prosecutors, judges, lawyers) in specialized educational institutions, this leads to shortcomings in law enforcement and the actual ineffectiveness of the institution as a whole. The author finds that when applying criminal law measures to a legal entity, courts made the following mistakes: they did so independently, without following the procedure for initiating proceedings against a legal entity regulated by criminal procedure legislation; in criminal proceedings against an individual, they approved a plea agreement with a criminal law measure against a legal entity when it was prohibited to do so. The author proposes to conduct specialized training on criminal law and criminal procedural features of quasi-criminal liability of legal entities in Ukraine for investigators, prosecutors, attorneys and judges.

The transformation of the nuclear law of the Russian Federation into an independent public complex branch of law as a way to strengthen global nuclear security in the world

This article considers the process of transformation of the Russian Federation nuclear law into an independent public complex branch of law and its important role in improving global nuclear safety. Since it is well known that the criteria of distinguishing branches of law are usually the subject and method of legal regulation as well as the existence of their own codification, the authors are confident of such a need. The results of the analysis of the state corporation Rosatom activities serve as the basis for the proposed theses and only confirm this confidence. The main idea of the article is to assert the need for changes in the Russian legal system structure in order to increase the effectiveness of regulation in the field of nuclear safety. The paper examines the evolution of nuclear law in Russia, identifies the basic principles and norms of this area of law as well as the need to make changes to adapt to modern challenges and threats. Supporting its position by analyzing the current state of the Russian nuclear industry and world standards in the field of nuclear safety, the article suggests practical steps to strengthen legal regulation to ensure safety in the nuclear field. Special attention is paid to the importance of strengthening international nuclear safety through the modernization of the national nuclear legal system, its compliance with international norms and standards. The article discusses current issues, including the development of nuclear doctrine, control of nuclear materials, responsibility for violation of international nuclear obligations and other aspects affecting global nuclear security. The study is an important contribution to understanding the problems of nuclear law in the context of global safety, and also substantiates the need for independent development of this branch of law to ensure stability and security on the world stage. The authors of the article offer specific recommendations for improving legislation and practice in the field of nuclear law in order to strengthen global nuclear safety

Methodology for Combating Extremism in Cyberspace: Experience of the Shanghai Cooperation Organization

The studies of extremist discourse in cyberspace use set scientific methods to protect traditional spiritual values, such as state sovereignty, human rights and freedoms, historical and cultural heritage. The experience of the member States of the Shanghai Cooperation Organization (SCO) on the implementation of regional international agreements aimed at combating extremism should be applied in the organization of countering extremist crimes committed using digital technologies.Aim . To characterize approaches to combating extremism in cyberspace within the SCO and to determine the methodology for assessing the degree of public danger of manifestations of extremism.Methods. The study on extremism in SCO apply a comparative legal method when posing the problem of criminalization of extremist practices and use discourse analysis of the extremism in cyberspace problem for assessing the public danger of radical ideology.Results. Three groups of methods are used in the fight against extremism: methods of legal regulation, methods of studying and assessing the public danger of extremist materials and methods of scientific research of extremism. Prohibitive legal regulation in cyberspace is applied to media content that, according to the conclusion of linguistic expertise, contains signs of extremist materials. The doctrinal basis for the legal assessment of the linguistic expertise of extremist materials is the socio-legal research conducted in the SCO member states.Conclusions. The propaganda of extremism in cyberspace qualifies as an abuse of freedom of speech, since extremist ideology leads to terrorism. The SCO consensus on the need to combat extremism is based on a scientific methods system for radical ideology research, among which discourse analysis and narrative dialogue research will play an increasing role with the digital transformation.

Current problems of the Administrative-tort law of Ukraine

The article examines certain shortcomings of the current Code of Ukraine on administrative offenses in comparison with the provisions of the new administrative code. The examples show individual shortcomings of the new regulatory regulation. The author of the article also notes that in recent years, Ukraine has implemented the largest regulatory and legal measures to modernize administrative and tort legislation._The unstoppable increase in the number of registered administrative offenses makes us think again about the lagging of the law-making process from the real needs of society. The article singles out some aspects of improving the legislation on administrative offenses and the administrative- delict process, specifying the concept and legal meaning of the norm on administrative responsibility, rethinking some scientific dogmas, leading scientists to the need to clarify the concepts that constitute the essence of legal regulation of relations in the field of administrative responsibility: administrative- delict relations, administrative-delict law, norm of administrative-delict law for further regulation of legal relations in the sphere of administrative liability. On the basis of rethinking the views established in science about administrative responsibility as one of the institutes of administrative law, the author substantiates the conclusion that the norms regulating the issue of this type of legal responsibility form an independent branch of Ukrainian law - administrative tort law. Administrative-delict law carries out material-legal regulation of administrative liability. The opinion of academics is also noted, who note that the Code of Criminal Procedure in its current state is outdated in many respects and requires a radical adjustment on a new conceptual and doctrinal basis. The set of its constituent norms has its own subject, method of legal regulation, separate organization of regulatory material on administrative offenses.
 Modern administrative and tort law is characterized by integration with criminal law, which allows more effective use of their powers in the prevention of offenses.

Experience in regulating public relations during a pandemic

The COVID-19 pandemic has had a major impact on every possible domain of life in every country. The legal environment of Kazakhstan is no exception, namely public relations and the mechanism for their regulation, since they have also been mod- ified. To a greater extent, such transformations concerned the subject, method and methods of legal regulation. The purpose is to determine the characteristic changes in the regulation of public relations during the COVID-19 pandemic. As a result, governments, including Kazakhstan's, have had to impose severe restrictions. To a greater extent, they concerned the fundamental rights and freedoms of individuals and legal entities, as well as forms and approaches to the regulation of social relations.

Opinion of representatives of the psycho-oncology community on the lack of coherent systemic solutions on the legal regulation of their profession

Introduction. The profession of psycho-oncologist in Poland is not sufficiently regulated by law. Current solutions in the system involve contradictory regulations on obtaining qualifications to practice, which produces in effect systemic chaos and result in limited availability of services provided to oncology patients and their families by practitioners of this demanding profession. Material and methods . A survey conducted among psycho-oncologists concerning their professional identity was used in order to examine their opinion on the current legal regulations of this profession and the possible consequences of incoherent law solutions. The study used an original anonymous questionnaire entitled Survey on selected aspects of the psycho-oncology profession in the context of its scope and method of legal regulation and the Job Satisfaction Scale questionnaire. Results. The study showed that the inconsistency in legal regulations may result in restricted access to this profession, indicated doubts concerning the legal credentials required to use the professional title of psycho-oncologist and the lack of symmetry in individual competencies of practitioners with different underlying profession. Conclusions . The research confirmed the organizational chaos which negatively affects the way psycho-oncologists practice their profession. As a consequence the legislator intervention is required in order to modify the legal regulation of this profession.

The concept and nature of the occurrence of doctrinal legal errors

The concept and nature of the occurrence of doctrinal legal errors

NTERACTION OF INTELLECTUAL PROPERTY LAW WITH CERTAIN BRANCHES OF PUBLIC LAW

The article analyzes the norms of public law that regulate certain aspects related to intellectual property. Intellectual property law, being a sub-branch of civil law, includes not only the norms of private law, but also the norms of public law, i.e. is a complex branch of legislation. Relations, in particular, relating to the provision of legal protection for claimed inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, breeding achievements (plant varieties and animal breeds) by the expert organization of the authorized body, are regulated by the norms of the administrative legislation of the Republic of Kazakhstan, based on imperatives. Moreover, persons who are denied the grant of a title of protection in the form of a patent or certificate for a particular declared object can file obligatory pre-trial objections with the Appeal Board under the Ministry of Justice of the Republic of Kazakhstan and only then can apply to the court with a claim to appeal the decision of the expert organization, which refused to recognize the declared objects as objects of intellectual property. And these relations are regulated by the norms of administrative procedural legislation. The right of intellectual property is also regulated by the norms of tax, customs legislation. Thus, the intellectual property right in content is a sub-branch of civil law, because has the same subject, the method of legal regulation, and in terms of form, intellectual property law is a complex branch of legislation, because includes both private and public law.

Заборона як метод правового регулювання під час пандемії коронавірусу в Україні.

Abstract. The spread of a new type of coronavirus infection, COVID-19, is no longer an emergency of international concern. This decision was adopted by the World Health Organization on May 5. The epidemic of coronavirus infection, which began at the end of 2019 in China, was declared by WHO in January 2020 as an emergency situation of international importance in the field of health care. After the epidemic spread to other countries, it was declared a pandemic in March 2020. Many countries resorted to unprecedented quarantine measures, which affected the world economy and people's lives. Lockdowns and a mask regime were introduced, borders were closed, and air traffic between countries was interrupted. After mass vaccination and the appearance of new, less lethal strains, the number of deaths decreased sharply - if in January 2021, about 100,000 people died of COVID-19 in a week, then in April 2023 - 3,500. The reduction in mortality made it possible to cancel most of the restrictive measures during 2022. According to the WHO, about 20 million people have become victims of the disease over the past three years and several months. These are all deaths related to infection. According to official data collected by the American Johns Hopkins Institute, the coronavirus infection itself caused the death of about 7 million people. WHO emphasizes that the virus has not disappeared, people continue to get sick, and the infection is likely to remain in the human population as a respiratory disease. The role of the ban as a method of legal regulation during the coronavirus pandemic in Ukraine is studied. The legislative measures adopted in Ukraine to combat the spread of COVID-19 and their effectiveness are analyzed. The impact of bans on civil rights and freedoms is considered, and alternative methods of legal regulation are explored. As a result of the scientific investigation, recommendations were made regarding the optimal use of prohibitions during the coronavirus pandemic, taking into account the protection of public health and the preservation of civil rights and freedoms. The legislative measures adopted in Ukraine to combat the spread of the coronavirus are considered. Aspects such as banning mass events, closing non-residential premises, restricting the movement of the population and others are analyzed. The effectiveness of these measures in reducing the number of cases of the disease, as well as their impact on the dynamics of the spread of the virus, is being studied. The article analyzes how the bans affect freedom of movement, freedom of choice, freedom of religion and other basic civil rights. Issues related to restrictions on human rights and the possibility of violation of the guarantees provided for by the Constitution of Ukraine and international treaties are considered. Conclusions and recommendations regarding the optimal use of bans during the coronavirus pandemic in Ukraine are formulated. A conclusion was made about the effectiveness of the application of prohibitions as a method of legal regulation in the conditions of the pandemic. The bans have proven effective in reducing disease rates and limiting the spread of the virus. The study is of great importance for the Ukrainian legal community, as it examines the issue of bans as a method of legal regulation in the context of the coronavirus pandemic. The results of the study can serve as a basis for further improvement of the legislation and the development of more effective strategies for combating pandemic threats, while preserving the rights and freedoms of citizens. The conclusions emphasize the need to continue research in this area and further search for optimal approaches to legal regulation during the pandemic, which would ensure the protection of public health, as well as the preservation of civil rights and freedoms in Ukraine.

Legal framework for sustainable development and current global challenges

<p>The subject of the article is the formation of the legal framework for sustainable development in the context of modern global challenges. The subject of the legal framework is the social relations of sustainable development, which are regulated by separate branches of law, but in the aggregate form a separate branch of law. The legal foundations of sustainable development, formed under the influence of international cooperation processes, are currently exposed to new threats-illegitimate economic restrictions that call into question the previously stated goals of sustainable development. The purpose of the article is to review the current state and prospects for the development of the legal framework in the context of both traditional threats and new challenges caused by the external restrictions since 2014, and to assess the prospects for sustainable development in Russia. The main research method is the study of international and Russian scientific research literature, analytical and review materials from open sources using induction, deduction, analysis, synthesis and the method of analogies. In preparing the article, historical, statistical, system-structural and causal research methods were also used. It has been proved that the first year of the functioning of the national economy under the newly introduced sanctions in 2022 showed both their negative impact and a certain adaptive potential of the economic system and companies. The article is focused on the prerequisites for the formation, essence and subject of sustainable development law, as well as on methods of legal regulation and examples of legal mechanisms for incorporating sustainable development factors into business practices. The article raises the question of the legitimacy of unilateral economic sanctions from the point of view of international law. The article also assesses the impact of sanctions on the activities of companies and their commitment to the principles of sustainable development. The conclusion is made that business community considers the mechanisms of legal regulation of sustainable development as anti-crisis measures and considers those mechanisms to be expedient and justified in the long term to pursue a policy of maintaining a commitment to sustainable development and finding ways to overcome sanctions pressure.</p>

Reservations and References in Legislation: Correlation Aspects

The article discusses certain aspects of the correlation of norms-reservations and references used in the provisions of legislation. Applying complex general scientific and special research methodology, including: dialectical, comparative legal, and formal legal methods, based on elements of general and special norms-reservations and references in legislation, the author formulates provisions that clarify and develop the doctrine of the specialization of legislation, the legal technique of law-making, as well as proposes a vision of the fundamental basis of the norms-reservations. The reservation is seen as a kind of special legal regulation aimed at regulating specific legal relations. The thesis is argued that interacting with other technical and legal means and methods of legal regulation, primarily legislative references, the norm-reservation often acquires its legal expression. Based on the analysis of legislation, law enforcement practice and legal doctrine, the various functional potential of norms-reservations and legislative references is proved, their significance as means of legal influence is shown. The conclusions expressed by the author expand legal knowledge about the theory of the legal norm, and will also serve as the beginning of a scientific discussion regarding the independent perception of the norm-reservation, and will stimulate further scientific endeavor.

Child's legal personality: actualization of opportunities and their limitations

The subject of this research is the concept of a child’s legal capacity in an interdisciplinary context and the validity of various approaches for determining the essence and scope of a child’s legal capacity in terms of Russian public and private legislation and to provide suggestions for improvement.Methodology: The authors’ general research methods for cognition are: analysis, synthesis, and abstraction. This research is also based on legal acts and judicial practice, as well as on the opinions of scientists.Results: On the one hand, differentiations in terms of the essence, structure and scope of a child’s legal capacity within the branches of Russian law are justified according to the specifics of their subject and methods of legal regulation. On the other hand, the differences in approaches presented in them, especially according to age criterion, are far from universally justified, and this is especially characteristic of the active component of legal personality – or legal capacity. Thus, 14 and 16 are the ages of legal capacity in terms of constitutional law; 6, 14 and 16 for civil law; 14, 15 and 16 for labour law; 15 for medical law; 10, 14, 15, 16 for family law; etc. The law on education does not indicate any age benchmarks, being oriented towards the school education periods. At the same time, the lower boundaries of ‘minimal legal capacity’ are established only for the sake of civil legal relations and administrative and criminal liability. In other cases, in the assessment of a child’s ability to make legally significant decisions, the law enforcement officer considers a child’s individual psychological characteristics. Typically this approach proves to be correct. Psychological data indicate the development of an acceptable level of cognitive ability by the age of 12; therefore, the formally enshrined concept of child consent to certain legally significant acts beginning at the age of 10 requires discussion and possible adjustment. The ages of 14 and 16 as starting points for basic elements of the legal capacity (legal personality) are reasonable and must be applied systematically; other intermediate solutions are not justified. In terms of a generally correct decision with regard to the moment when the age of legal capacity begins, it would be reasonable to correlate this with the protection of a child’s interests before his/her birth. There is no unified approach to understanding a child’s ability to perform legal duties: in civil law such ability is denied, while in other legal spheres it exists. As for family law, it should be assimilated into the general group. Conclusions: the concept of a child’s legal capacity requires systematization and enhancement as a prerequisite for a reasonable and justified arrangement of children's world – both within the family and in the public sphere.

Administrative, financial, criminal-legal and theoretical-methodological aspects of regulating social relations in government bodies

The purpose of the research was to define the theoretical, administrative and civil law aspects of the regulation of social relations. Consequently, the article specifies the means of social regulation, which include components of legal, moral, corporate and customary, etc. type. It has been shown that legal regulation of social relations is defined as an intentional action on the behavior of people and social relations with the help of legal (juridical) means. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. By way of conclusion it has been proved that since the object of legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. As contributions, the following factors of social relations have been determined: level of economic development of society; social structure of society; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation.

МІСТОБУДІВНЕ, ЕКОЛОГО-ГІГІЄНІЧНЕ ОБҐРУНТУВАННЯ НОРМУВАННЯ САНІТАРНО-ЗАХИСНИХ ЗОН ДЛЯ ОБ'ЄКТІВ ІНФРАСТРУКТУРИ – АВТОМОБІЛЬНИХ ЗАПРАВНИХ СТАНЦІЙ ЯК СКЛАДОВА ЗАБЕЗПЕЧЕННЯ ДЕРЖАВНОГО УПРАВЛІННЯ

B a c k g r o u n d . In connection with the shortage of land resources in the largest cities and megalopolises, the issue of the location of existing automobile refueling stations (ARS) and the design of prospective residential buildings close to them, as well as the location of projected ARS in already established suburban areas, are becoming increasingly important. This is happening against the background of rapid motorization of modern society. This also necessitates the formation of new approaches to solving modern problems in the planning and development of the territories of settlements, namely state regulation on the standardization of sanitary protection zones (SPZ) for modern ARS. The purpose and task of the research is to carry out the ecological and hygienic substantiation of the regulation of SPZ for infrastructure objects – modern ARS, taking into account their differentiation in terms of capacity and degree of impact on the environment and the level of fire safety, as a component supply of public administration, to regulate the urban planning situation and make administrative and management decisions. The subject of the study is the achievement of safe conditions for the location of ARS on the territory of populated areas by means of ecological and hygienic standardization of the SPZ for them. The object of the study is the ecological, hygienic and fire safety of ARS for the population of residential and public buildings adjacent to the territory of the ARS as a component supply of public administration. M e t h o d s . In the research process, abstract-logical, theoretical, modeling, instrumental and statistical and method of legal regulation – standardization of SPZ of infrastructure objects – modern ARS. R e s u l t s . The article presents the results of comprehensive studies on the justification of the standardization of new SPZ for modern ARS according to urban planning, ecological and hygienic criteria and the level of fire safety as a component supply of public administration. The establishment of SPZ for ARS is substantiated, taking into account their differentiation in terms of capacity, the state of implementation of environmentally friendly fuel handling technologies and the level of fire safety, which is important for making administrative and management decisions regarding the development of the territories of settlements adjacent to them. The introduction of environmentally friendly equipment and modern technologies, the implementation of environmental protection measures during fuel storage at ARS are effective measures, both at the local self-government level and at the state level, which will slow down climate change on Earth. According to the research results, the classification of ARS according to the ecological and hygienic characteristics of gross emissions from sources of atmospheric air pollution is proposed: small, medium and large ARS, which is important from the point of view of urban planning. С o n c l u s i o n s . On the basis of a comprehensive approach, the adequacy of the standard SPZ of 50 m for small and mediumcapacity ARS has been proven, and the creation of a new safe for the health and life of the population, from the point of view of urban planning, the size of the SPZ of 100 m for large-capacity ARS has been substantiated. It is proposed to approve the new standard of 100 m for high-capacity ARS at the state level by making changes to the existing regulatory framework of urban planning and sanitary legislation. It is substantiated as a component supply of public administration, the introduction of the range of changes in the sizes of SPZ for modern fire- and explosive-hazardous facilities in the legislation and practice of Ukrainian entrepreneurship on the basis of urban planning, ecological and hygienic justification and the level of fire safety. The vector of further research should be aimed at the further implementation into the national urban planning, environmental and sanitary legislation of the requirements of the EU Directives, foreign experience in strengthening fuel quality control, ARS emission control and the introduction of advanced technologies and environmental protection measures at ARS, the use of modern transport to reduce negative impact on the environment and adjacent residential and public buildings, which will serve the formation of modern, environmentally conscious, independent domestic entrepreneurship.

Правовые основы устойчивого развития и современные глобальные вызовы

ABSTRACT The subject of the study is the formation of the law of sustainable development in the context of modern global challenges. The subject of law is social relations of sustainable development, which are regulated by separate branches of law, forming together a separate branch of law. The legal foundations of sustainable development, which have been formed under the influence of international cooperation processes, are currently being subjected to new threats — illegitimate economic sanctions restrictions that call into question the previously stated goals of sustainable development. The purposes of the work are to review the current state and prospects for the development of the legal framework in the context of both traditional threats and new challenges caused by the sanctions policy of Western countries, and to assess the prospects for sustainable development in Russia. It is established that the first year of the functioning of the Russian economy under sanctions showed both their negative impact and a certain adaptive potential of Russian companies. The prerequisites for the formation, essence and subject of the law of sustainable development, as well as methods of legal regulation on the examples of legal mechanisms for the inclusion of factors of sustainable development in the practice of companies are considered. The issue of the legitimacy of unilateral economic sanctions from the point of view of international law was raised. The impact of sanctions on the activities of Russian companies and their commitment to the principles of sustainable development is assessed. Conclusions are drawn that the business community considers the mechanisms of legal regulation of sustainable development as anti-crisis measures and considers it expedient and justified in the long term to pursue a policy of maintaining commitment to sustainable development and finding ways to overcome sanctions pressure.

Civil agreement as a legal regulator of relations on the creation and implementation of innovations

The article analyses the agreement as one of the main regulators of the private-legal component of innovation relations. It is proved that thecontract due to the principles of freedom of its conclusion and determination of its content is the most effective form of regulation of relations on development and implementation of innovations. The author proves that the agreement in modern conditions is a universal structure, that successfully works in all planes of social relations based on legal equality and freedom of expression. And the sphere of legal relations does not affect the essence of a civil law agreement. The qualifying criterion is the methods of legal regulation. The design of the agreement allows the parties to the relationship to set out the terms and conditions that they need. Accordingly, the article substantiates that the agreement takes on the characteristics of an individual act of law-making. The civil agreemant as the «regulator» of innovation relations covers all possible segments of their emergence, realisation, change or termination. Private-legal innovative relations include property and non-property relations. However, the author notes that property and non-property relations are multifaceted and multidimensional in their content. Therefore, the need to disclose what is the peculiarity of property and non-property relations specifically in the area of innovation is justified. The article proves that the subject of private law regulation of the civil agreement in the sphere of innovation relations is: 1) relations in the sphere of intellectual property law and related information relations. Human intellectual activity is a fundamental category of innovation relations. The characteristic of novelty is at the heart of innovation and brings us into the sphere of intellectual property law relations.The author notes the inseparable connection of information relations and relations of intellectual property rights as a subject of regulation of civillaw agreement; 2) organizational relations. In particular, innovation relations are connected with the creation, use of innovations as objects of intellectual property rights and their introduction into production, so require complex factual and legal actions aimed at ordering the legal relations between their participants; 3) property relations on creation and implementation of innovations.

Civil agreement as a legal regulator of relations on the creation and implementation of innovations

The article analyses the agreement as one of the main regulators of the private-legal component of innovation relations. It is proved that the contract due to the principles of freedom of its conclusion and determination of its content is the most effective form of regulation of relations on development and implementation of innovations.
 The author proves that the agreement in modern conditions is a universal structure, that successfully works in all planes of social relations based on legal equality and freedom of expression. And the sphere of legal relations does not affect the essence of a civil law agreement. The qualifying criterion is the methods of legal regulation.
 The design of the agreement allows the parties to the relationship to set out the terms and conditions that they need. Accordingly, the article substantiates that the agreement takes on the characteristics of an individual act of law-making.
 The civil agreemant as the “regulator” of innovation relations covers all possible segments of their emergence, realisation, change or termination. Private legal innovative relations include property and non-property relations. However, the author notes that property and non-property relations are multifaceted and multidimensional in their content. Therefore, the need to disclose what is the peculiarity of property and non-property relations specifically in the area of innovation is justified.
 The article proves that the subject of private law regulation of the civil agreement in the sphere of innovation relations is: 1) relations in the sphere of intellectual property law and related information relations. Human intellectual activity is a fundamental category of innovation relations. The characteristic of novelty is at the heart of innovation and brings us into the sphere of intellectual property law relations. The author notes the inseparable connection of information relations and relations of intellectual property rights as a subject of regulation of civil-law agreement; 2) organizational relations. In particular, innovation relations are connected with the creation, use of innovations as objects of intellectual property rights and their introduction into production, so require complex factual and legal actions aimed at ordering the legal relations between their participants; 3) property relations on creation and implementation of innovations.

The concept and meaning of the principles of civil procedural law in martial law

Keywords: principles of civil procedural law, principles of civil procedure, martial law
 The article reveals the meaning of the concept of principles of civilprocedural law, its relationship with other related concepts, in particular, with the conceptof «principles of civil procedure», defining the limits of their application. The conclusionis substantiated that the purpose and tasks of civil proceedings reveal the essence ofthe principles of civil procedural law. The essence of the principles of civil procedural lawis revealed through their features. Different approaches in the science of civil procedurallaw to determine their characteristics are analysed.The definition of the principles of civil procedural law is formulated, which are thebasic ideas, fundamental principles of the tasks and objectives of civil justice, enshrinedin the rules of civil procedural law, which reflect the specifics of the subject and methodof legal regulation of civil procedural law relations and are in a dialectical relationshipand interdependence with other elements of the mechanism of legal regulation.The functional purpose of the principles of civil procedural law is directly related tothe impact on legislative activity, becoming its guideline. On the other hand, externalfactors can influence the principles themselves and the mechanisms for their implementation.The peculiarities of the implementation of some procedural actions in martiallaw, which are reflected in the draft Law of Ukraine «On Amendments to the Code of AdministrativeProcedure of Ukraine, the Civil Procedure Code of Ukraine and the CommercialProcedural Code of Ukraine (concerning the conduct of proceedings under martiallaw or state of emergency)» № 7316 and related to the implementation of the principleof openness of civil proceedings. The peculiarities of court summonses andnotifications for the period of martial law or state of emergency are revealed, the author'sopinion on the proposed mechanism of realization of the principles of openness of civilproceedings, equality and justice, legal certainty is stated. He substantiated the conclusionthat the legislator did not consider the system of principles of civil justice to ensureaccess to martial law, and some provisions of the law contradict the principles of opennessand several constitutional principles such as equality and justice, legal certainty.