Natural Persons Research Articles

The Problem of AI Hallucination and How to Solve It

AI in education is a topic that has been researched for the last 70 years. However, the last two years have seen very significant changes. These changes relate to the introduction of OpenAI's ChatGPT chatbot in November 2022. The GPT (Generative Pre-trained Transformer) language model has dramatically influenced how the public approaches artificial intelligence. For many, generative language models have become synonymous with AI and have come uncritically viewed as a universal source of answers to most questions. However, it soon became apparent that even generative language models had their limits. Among the main problems that emerged was hallucination (providing answers containing false or misleading information), which is expected in all language models. The main problem of hallucination is that this information is difficult to distinguish from other information, and AI language models are very persuasive in presenting it. The risks of this phenomenon are much more substantial when using language modules to support learning, where the learner cannot distinguish correct information from incorrect information. The proposed paper focuses on the area of AI hallucination in mathematics education. It will first show how AI chatbots hallucinate in mathematics and then present one possible solution to counter this hallucination. The presented solution was created for the AI chatbot Edu-AI and designed to tutor students in mathematics. Usually, the problem is approached so that the system verifies the correctness of the output offered by the chatbot. Within the Edu-AI, checking responses is not implemented, but checking inputs is. If an input containing a factual query is recorded, it is redirected, and the answer is traced to authorised knowledge sources and study materials. If a relevant answer cannot be traced in these sources, a redirect to a natural person who will address the question is offered. In addition to describing the technical solution, the article includes concrete examples of how the system works. This solution has been developed for the educational domain but applies to all domains where users must be provided with relevant information.

AI-generated journalism: Do the transparency provisions in the AI Act give news readers what they hope for?

Issues linked to the increasing presence of AI-generated content in people’s lives, and the importance of being able to effectively navigate and distinguish such content, are inherently linked to transparency, a notion that our study focuses on by evaluating Art. 50 of the AI Act. This article is a call for action to take the interests of end users into account when specifying AI Act's transparency requirements. It focuses on a specific use case – media organisations producing text with the help of generative AI. We argue that in its current form, Art. 50 leaves many uncertainties and risks doing too little to protect natural persons from manipulation or to empower them to take protective actions. The article combines documental and survey data analysis (based on a sample representative of the Dutch population) to propose concrete policy and regulatory recommendations on the operationalisation of the AI Act’s transparency obligations. Its main objective is to respond to the following question: how to reconcile AI Act’s transparency provisions applicable to digital news articles generated by AI with news readers’ perceptions of manipulation and empowerment?

Selected victim protection measures in ordinary criminal proceedings

The victim becomes a participant in the criminal proceedings not because he or she has consciously made such a decision. It is almost always that the victim becomes a participant against their will, which is caused by a direct violation or threat to its legal interest by a criminal offence. This is reflected in the legal definition of the victim contained in Article 49 § 1 of the Criminal Procedure Code (hereinafter CPC) . Cezary Kulesza notes that this definition contains the following elements: subjective (natural or juridical person) and objective, relating to the legal interest infringed by the criminal offence to the extent defined by that provision, but also a provision of substantive criminal law (Kulesza, 1995, p. 17–18). The victim's participation in criminal proceedings makes the victim a participant in those proceedings, whether natural or juridical person, and that participation is limited to fulfilling the role assigned to them by the criminal procedural law (Tylman, 2003, p. 47). The legislature attributes three roles to the victim: in the pre-trial proceedings, the victim is a party (Article 299 § 1 CPC), in the judicial proceedings, the victim may be an auxiliary prosecutor (Article 53 CPC), incidental or subsidiary, and in the course of the entire criminal proceeding, also a testimonial evidence source (Article 177 § 1 CPC, Article 185a § 1 CPC, Article 185c CPC). The status of a party to pre-trial proceedings is acquired by operation of law and does not require the victim to take any action. The situation is different in judicial proceedings, where acquiring the status of auxiliary prosecutor requires a certain effort to by the victim, namely expressing the will to act in that capacity.

The child as a party to tax proceedings

There are two categories of entities in legal-tax relationships. These include tax authorities, the active party in the legal-tax relationship, and taxpayers, the passive party in the legal-tax relationship. While there is no ambiguity in identifying and defining the rights and obligations of tax authorities, this issue can become more complex concerning the taxpayer. Especially when it comes to taxpayers who are natural persons and have not attained the age of majority. It should be noted that the attendance of minors in economic events, such as advertisements or competitions, is becoming increasingly significant. Minors often become parties to donation agreements, leading to the acquisition of certain assets. It is essential to mention that each of these events, if associated with income generation, results in the emergence of tax liability. This necessitates accurately determining the liability and initiating tax proceedings if the relevant factual conditions are present. This article seeks to answer whether a child can be a party to tax proceedings and what rights they have in this respect. To explore this issue, the definitional scope of the term 'child' was first outlined, followed by examining their legal-tax capacity and, ultimately, considering the child as a party to tax proceedings.

THE LEGAL STATUS OF TRADE UNIONS AND POTENTIAL GROUNDS ON WHICH THEY MAY INCUR LIABILITY

Employees exercise their right to freedom of association by forming or joining trade unions. It is not required that a trade union be registered to function as such. However, under the Labour Relations Act (LRA), there are a number of benefits available to registered trade unions. A registered trade union acquires the status of a body corporate with rights and duties. However, it functions through natural persons, and those who represent it may not be held liable if they act in line with the union’s constitution and within their authority. This article is aimed at considering the legal status of trade unions in South Africa and in the United Kingdom (UK) respectively. It further considers different circumstances under which a trade union may incur liability, including instances where there is non-compliance with the union’s constitution, a breach of contract or delict, or a discrimination claim.

International legal mechanisms for ensuring the responsibility of the air carrier before the passenger

Liability to passengers and cargo owners for damage caused during international air transportation is primarily borne by the carrier. From the content of the Warsaw and Montreal Conventions, it follows that the carrier can be any natural or legal person who has concluded a contract of carriage with the passenger or the consignor of the cargo and carries out this carriage on a remuneration basis. Reasons are required for the carrier to be liable as a party performing the contract. The plaintiff, who demands compensation, must prove the fact of breach of obligation by his counterparty, the presence and amount of damage, as well as the cause-and- effect relationship between the offense and the damage. However, the defendant (carrier) has the right to prove the absence of his fault and refer to the limitation of his liability. The Warsaw (1929) and Montreal (2009) conventions contain relatively detailed and fairly clear instructions on the carrier’s liability, establishing the grounds for exemption from it and, in most cases, limiting its size by the so-called relaxations in the air carrier’s liability regime. Like the norms of the internal transport legislation of the states, the norms of the conventions are of an imperative nature, with equal protection of the interests of consumers of services provided by transport organizations, and even the complexity of transport operation technologies, the mass of operations and the risks associated with the use of vehicles. This article examines the question of the extent to which international conventions and rules determining the liability of air carrier passengers have been successfully harmonized at the international level and eliminated the conflict of law problem, as well as the degree of development and effectiveness of these international conventions and rules, norms for ensuring the liability of air carriers to air passengers. Summarizing, the author notes that the Montreal Convention improves the situation of passengers and cargo owners, eliminates complications with lengthy court processes, to the advantage of the Warsaw Convention, which is somewhat outdated and does not correspond to today’s realities. The new convention strengthens competition in the air transport market, increases the responsibility of airlines to passengers and removes restrictions on compensation for loss of baggage or damage to the life and health of passengers, significantly simplifying the mechanism of obtaining it.

SPECIAL LEGAL CAPACITY OF LAWYERS: LAWYER, NOTARY AND EXECUTOR

The research object of this paper is the special legal capacity of lawyers, specifically, the special legal capacity for the performance of advocacy activities, regulated by the Law of Advocacy, the special legal capacity for providing notarial services, according to the Law on notaries, and the special legal capacity of the executors, according to the Law on Enforcement. Full legal capacity is the abstract possibility of physical and legal persons to be the provider of rights and obligations. All physical persons have full legal capacity, however, some physical persons, because they fulfill special properties, acquire special legal capacity. The research in this paper has two mail purposes. The first intention is to analyze two assumptions necessary for achieving the special legal skills: 1. professional technical conditions requirements that must be completed by the natural person to operate the professional activities and 2. providing the authorization by the government. The second goal is to show the specifics of the three types of professional activities, notion, acquire, cease and termination. The project will analyze more closely the termination of the special legal capacity because of the loss of one from the two-expectations necessary for its acquisition (obtaining a lawyer's license, terminating the notary or the executor).

The impact of financial policy on the sustainable development of business entities in post-pandemic Georgia

Financial institutions form a strong link in the chain of business operations of the modern world; in addition, they may also be thought of as a binder. During the Covid -19 pandemic the financial institutions all over the world, and in Georgia as well, faced a number of problems and challenges: on one hand, there was a large number of consumers and mortgage loans to individuals, and on the other hand, loans issued to business entities for working capital and fixed assets, real estate purchase and other purposes turned out to form the major part of their loan portfolio. The pandemic has led the natural persons, as well as legal entities into a force majeure situation, while the decisions of financial institutions were crucial for their viability. However, the purpose of the study is to consider the impact of lending policies on business entities and their development processes. The paper discusses the policies of financial institutions during the Covid-19 pandemic and the post-pandemic period, the chronology of the decisions made and the outcomes of such decisions based on available official data, also the impact of lending on business entities and identifies modern trends and challenges. The research methodology was determined based on the research objectives and included the following methods: the paper analyzes the decisions made by the National Bank of Georgia before and after the pandemic, in relation with the official data on loans and financial transactions that the National Bank generated. Within the framework of the research, in order to determine the level of influence of the financial institutions on current economic processes in Georgia, the paper analyzes the results of their activities, which are based on official data from the National Bank of Georgia and empirical material collected. Keywords: Financial institutions; Lending policy; National Bank of Georgia; Post-pandemic economic policy; JEL Classification: G2; G21; E5; E58; E6; Acknowledgement: „This work was supported by Shota Rustaveli National Science Foundation of Georgia, (SRNSFG) Grant number YS-22-548, Project title - “The crisis of small and medium business subjects and its prevention in the post-pandemic period in Georgia“.

The importance of revenues from spa fee in financing municipalities in Poland

Motivation: The subject of interest presented in this study is the problem of spa fee and the resulting municipal revenues. In accordance with the international and constitutional standard of financial adequacy, including this fee in the revenue catalogue of only some municipalities should result from their specificity, i.e. generating additional budgetary expenditure not incurred by other municipalities. Aim: The purpose of this paper is to address the systemic differences of spa municipalities, and primarily the additional tasks imposed on them, as well as to analyse and assess the importance of spa fee in the financial management of municipalities. Based on the analysis of this fee legal structure, and in particular its subject, an attempt was made to indicate the factors influencing its fiscal efficiency and significance. Results: The fiscal efficiency of the discussed fee, as compared to other revenue categories, and its importance in the municipal financing structure are small (approx. 0.028% of the total municipal revenues and 1.41% of the total revenues generated by spa municipalities). The main factor influencing the amount of revenues from the fee and its share in the revenue structure is related to tourist activity in the municipality, mainly referring to a therapeutic treatment of natural persons. In the municipalities characterized by high tourist traffic, which results in an extensive accommodation offer corresponding to the demand, the importance of the fee in terms of financing is at a significant level, reaching even 6.8% of total revenues in the entire analysed period, i.e. 2017-2021 and over 8.8% in 2017. The occurrence of such cases is an argument proving the significant revenue potential of the fee. Increasing its use, in addition to developing both therapeutic and accommodation infrastructure in a municipality also requires taking action aimed at ensuring better efficiency of the spa fee collection.

How does digital technology affect export in services?

Based on the comprehensive measures of digital technology and cross-country services trade database, our study empirically examines the impacts of digital technology on export in services. We find that digital technology significantly promotes services export. However, the impact varies in different modes of supply. Digital technology significantly promotes service export in the mode of cross border delivery, consumption abroad, and commercial presence rather than the mode of the natural person movement. Heterogeneous analysis shows that the trade impact of digital technology is more pronounced in developed countries and the countries with higher levels of digital openness. Based on both the empirical analysis and the case studies, three main channels of the enhancement of tradability, the function of digital platforms, and innovation of new trade models are discussed for the influencing mechanisms of digital technology.

Возможность реабилитации юридических лиц в уголовном судопроизводстве

The article examines the issues surrounding the right to rehabilitation of legal entities in criminal proceedings and the feasibility of its implementation. A comparison is made between the rehabilitation of natural persons and legal entities. Both the classical (substantive, material) and formal (procedural) approaches to rehabilita-tion in criminal proceedings are considered. It is noted that viewing rehabilitation solely from the perspective of the substantive approach significantly narrows the full range of related actions, decisions, and legal relation-ships, focusing primarily on the question of innocence and, consequently, on correcting the mistake made by the state through its bodies authorized to carry out criminal prosecution. The presence of the criterion of inno-cence presents a challenge in relation to the rehabilitation of legal entities, as the terms “guilt”, “innocence”, and “culpability” in the criminal legal sense are inapplicable to them. The author concludes that a legal entity, being a kind of abstraction, cannot possess such qualities as consciousness and will inherent in a person as a being endowed with reason. However, the prosecution of individuals directly related to the activities of a legal entity can at least harm its business reputation. Innocence, in turn, opens up the possibility for their rehabilitation, and thus, the rehabilitation of legal entities should also be considered and addressed.

Private Cctv Liability Under Biometric Data Protection Rules

The penetration of technology that is increasingly developing has a lot of impact on human life. Increasing technology also results in the rapid development of home security equipment, especially Closed-Circuit Television cameras (hereinafter mentioned as CCTV). The right to privacy, to which everyone is entitled to personal self- protection Doctrinal legal research is a crucial aspect in recognizing various societal problems. Doctrinal research combines a systematic analysis of the provisions of legislation and the legal principles contained in it or derived from it, but also the logical and rational order of legal propositions and principles. Doctrinal legal research methods involve the analysis of legal propositions or legal concepts on which the main study is based. Case base approach demands the researcher to understand the reasons that used by the judges or another adjudicator until it reaches the final decision. Most personal data protection laws around the world distinguish between regular personal data and biometric data. At the beginning, Article 4 paragraph (1) of EU GDPR regular personal data commonly define on the laws as a set of data that able to identify a natural person either from electronic or non-electronic devices. Under the data protection laws regime especially GDPR, UK Data Protection Law and Indonesia Data Protection Law, mitigation during a data protection failure involving household CCTV systems typically involves taking immediate steps to minimize the impact of the breach Furthermore, stated in the Fairhurst v Woodard case homeowner could be held liable for failure to protect the personal data if they use camera on the outside boundary of their house and they could face hefty fine and/or tools removal. Finally, this writing contributes to undergoing discourse on cyber law field especially in data protection law and provide insights for academician, practitioner, and society.

Environmental innovation subjects: current legal challenges

Problem setting. Environmental innovation is a key element of a sustainable development strategy aimed at reducing the negative impact of human activity on the environment. They consist in the implementation of new technologies, processes, products or services that have a lower negative impact on nature compared to traditional solutions. A central aspect of environmental innovations is the participation of entities that contribute to their development and implementation. In all industrialized countries, innovation is one of the priority directions in government policy, because it is the basis of national independence and economic development. The state creates favorable conditions for innovative activity, forming uniform civilized rules and mechanisms that determine the development of all subjects of the innovation sphere. Analysis of recent researches and publications. In particular, in this area there were publications of legal scholars: G.V. Anisimova, V.L. Bredikhina, M.V. Krasnova, Yu. Yu. Bakai, D.V. Zadikhailo and others. Purpose of research consists in determining and making proposals to the current legislation in a certain topic. Article’s main body. The subjects of the modern market of ecological innovations are the state, enterprises, organizations, institutions, universities, foundations, natural persons (scientists and specialists), who ensure the processes of generation and distribution of ecological innovations Organizational and legal forms of innovative activity in the environmental sphere are technoparks, technopolises, business incubators, innovation centers, venture firms, consulting and analytical firms. Conclusions and prospects for development. Technoparks, in today’s world, the latter play a significant role in promoting the direct development of environmental innovations. Their existence is based on the creation of a favorable environment for interaction between scientific institutions, business and authorities with the aim of joint creation and implementation of new technologies of environmental direction. Science parks should contribute to the support of startups, the direction of which is primarily the development and implementation of environmental technologies, including the development of efficient renewable energy sources, waste-free / low-waste materials and other products aimed at reducing the negative impact on the environment. Clusters, in turn, facilitate the concentration of enterprises operating in similar or complementary segments of the economy, thereby allowing them to jointly develop and implement environmental innovations through the exchange of knowledge and resources. Innovative business incubators have the opportunity to provide startups with financial support. It is about receiving grants, investments, etc. Such financial support will allow startups to work on their ideas, develop products and introduce them to the market. Second, business incubators can provide expert support. For example, business consulting, technical advice, marketing or product development support. Experts at the incubator guide startups through the various stages of development, from ideation to commercialization, helping them avoid common mistakes and use best practices.Industrial parks act also as one of the subjects of ecological innovation relations due to their ability to unite production enterprises in order to jointly implement ecological technologies and practices. They can be involved in the implementation of energyefficient technologies, renewable energy, the development and implementation of efficient use of water resources, as well as waste management. Industrial parks can create favorable conditions for cooperation between enterprises in the field of environmental research and development, as well as promote the exchange of knowledge and experience in this area. Thus, the main goal common to all these subjects is to promote the development and implementation of environmentally friendly technologies with the aim of preserving the environment, as well as ensuring sustainable development.

Problematika nepomenovaných zmlúv v občianskom práve a ich uzatváranie s pohľadom de lege ferenda

One of the key branches of private law is the law of contractual obligations. In addition to innominate contracts, which are most often used in practice, a category of innominate contracts and a special category was created, the category of so-called mixed contracts. In practice, innominate contracts are a tool frequently used to anchor contractual relationships in all spheres of life. The institution of innominate contracts is not a new one; it is based on the principle of dispositional autonomy, which is known to have already existed in ancient Roman law. In the Slovak Republic, there are two codes, one specifically regulating civil law and the other regulating commercial law. Civil law in the Slovak Republic is regulated in the Civil Code, which regulates the natural persons’ mutual rights and obligations. In contrast, commercial law, which is regulated separately in the Commercial Code, regulates the mutual rights and obligations of legal persons, and the rights and obligations that exist between natural persons and legal persons. This means that the institution of innominate contracts is found in the Slovak Republic not only in civil law but also in commercial law, i.e., in two legal codes, when the subjects of obligation-law relations are dependent on the use of analogy-based legal reasoning due to the absence of contractual types when regulating the rights and obligations of the various subjects of their obligations.

European Union Regulation on Personal Data Protection in Medical Writing

The European General Data Protection Regulation 2016/679 (GDPR) aims to harmonize data protection laws across European Union (EU) Member States. The goal of GDPR is to ensure respect of the fundamental right to protection of the personal data and privacy, to enhance security measures, including information technology (IT) for data protection, and to render natural persons control over their personal data. Importantly, companies, institutions, freelancers (including medical writers) located outside the EU and handling personal data of natural persons living on the territory of the EU must comply with GDPR. Medical writers edit documents related to the activities in health sector that comprise personal data, specifically health data considered as sensitive data. Therefore, medical writing should put in place robust security measures and comply with the GDPR. This article is a clarification of the GDPR notions, principles, technical and organizational measures applied to the medical writing to guarantee protection of the personal data and respect of individual’s rights and freedoms.

The victim and the subject as elements of the object of the «abuse of influence» offense

The paper examines the features of the object of the crime provided for by Art. 369-2 of the Criminal Code of Ukraine, such as the victim and the subject of the crime. It has been established that in the course of the commission of this offense, the victim is usually excluded. An exception is only the qualified structure of the crime, which is related to the demand of unlawful benefit (Part 3 of Article 369-2 of the Criminal Code of Ukraine). A natural person becomes a victim when extortion is committed, provided for in Part 3 of Art. 369-2 of the Criminal Code of Ukraine, since, as is known, extortion involves the threat of violence against the victim or his close relatives, restriction of the rights, freedoms or legal interests of these persons, damage or destruction of their property or property in their custody or under protection, or disclosure of information that the victim or his close relatives wish to keep secret. The debatable issue regarding illegal gain as a subject or means of committing a crime, provided for in Art. 369-2 of the Criminal Code of Ukraine, has been researched. It has been argued that unlawful benefit should be recognized as the subject of this criminal offense, since the socially dangerous acts described in this article, which consist in the offer, promise or provision of unlawful benefit, as well as in the acceptance of the offer, promise or receipt of unlawful benefit, are committed for the purpose of unlawful benefit, regarding it, as well as the presence of such a criminal offense as abuse of influence is connected with its properties. At the same time, the unlawful benefit specified in Art. 369-2 of the Criminal Code of Ukraine cannot facilitate the commission of this crime, since the actual actions in relation to it constitute criminal influence. This crime is embodied precisely in the actions regarding the wrongful gain. Without illegal benefit, there will be no act, and therefore there is no reason to talk about ensuring its commission or facilitating it. It has been determined that an unlawful benefit could be the means of committing a criminal offense only if the provision of Art. 369-2 of the Criminal Code of Ukraine covered the actual criminal influence on decision-making by a person authorized to perform the functions of state or local self-government.

The impact of EU law on national legal systems and the world order

The article analyzes the impact of EU law on national legal systems and the world order. With the collapse of the Soviet Union, the EU began active work on strengthening its authority and influence. In the 1990s, the EU (whose members also belonged to the Council of Europe) made the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights) a necessary condition for EU membership, which involved a lot of preparatory work in the field of human rights for candidate countries. The founding treaties of the EU, in contrast to ordinary international treaties, established a new legal order with its own institutions, in favor of which states limited their sovereign rights in increasingly wide areas, the subjects of which are not only member states, but also their citizens. The active development of integration processes taking place within the framework of the EU leads to further convergence and closer interaction of the national legal systems of the member states with the EU, as a result of which the circle of legal relations, which are legally regulated by the norms of EU law, is expanding. A key role in the proper functioning and implementation of these norms (EU law) is played by the specific procedure of their implementation into the national law of the member states, which is understood as the process of transposition of the norms of EU law, including the creation of the order and procedures for their introduction into the national legal systems of the member states. With the deepening of European integration, the constitutionalization of EU law began: the founding treaties evolved from a set of agreements binding only on member states to founding treaties that provide the basis of a single legal regime. This regime grants rights and imposes obligations on all public and natural persons on the territory of the EU, since the norms of the founding treaties have direct effect and absolute supremacy, forming a kind of integration legal system. Currently, there is a close connection between EU law and the national legislation of the EU member states. The impact of EU law on the national legal systems of candidate countries for EU membership is indisputable. These trends suggest that while the emergence of Community (now Union) law has given rise to a new legal order, distinct from national law, these historically distinct legal orders now form a common legal system.

Multi-factor fuzzy sets decision system forecasting consumer insolvency risk

The objective of this study is to develop a multi-factor decision system predicting insolvency risk for natural persons with the use of fuzzy sets. Considering that the financial situation of households is affected by various endogenous and exogenous factors, the main assumption of this study is that the system for predicting financial difficulties should not be limited to the use of only a few financial variables concerning consumers, but also include variables describing the environment. The author proposes a system consisting of three different forecasting models that connect the macroeconomic and microeconomic environments. It monitors the economic situation of households by also identifying those environmental variables, which may directly, or indirectly, endanger the consumer, such as unemployment rate (job market situation), inflation and interest rates, exchange rates, or economic situation in the country (GDP growth rate, the dynamics of retail sales, etc.). Moreover, the created cause-and-effect tool is in the form of a flexible application that can be easily adapted to changing economic conditions. Another unique feature of the study is the proposed use of newly developed ratios in household finance, similar to that in financial ratio analysis, which is commonly used in corporate finance. The proposed ratios demonstrated high predictive abilities. The paper also identifies the predictive capabilities of selected macroeconomic variables from the perspective of their impact on the risk of consumer insolvency. The research relies on four samples consisting of a total of 2400 consumers from Taiwan and Poland. The author created three forecasting models separately for the South-East Asian and Central European regions, and two multi-factor systems, each consisting of 1260 decision rules. The findings clearly showed that fuzzy logic is a significantly more effective method compared to traditional models based on classical logic.

Subjective signs of criminal offense provided by art. 374 of the Criminal Code of Ukraine

It is noted that in order to establish the content of the right to defense, it is necessary to examine the subjective signs of the criminal offense provided for in Art. 374 of the Criminal Code of Ukraine. It is emphasized that the subject of violation of the right to defense is special and clearly defined in Art. 374 of the Criminal Code of Ukraine - investigator, investigator, prosecutor, judge. The signs of a violation of the right to defense by a special subject have been determined. The prerequisites for the legality of a person occupying the position of inquirer, investigator, prosecutor, judge, as well as the peculiarities of the legal personality of a special subject of a criminal offense provided for in Art. 374 of the Criminal Code of Ukraine. The qualified composition of this criminal offense was analyzed. It was determined that the purpose and motive of the violation of the right to defense are not important for the qualification of a criminal offense under Art. 374 of the Criminal Code of Ukraine. It is noted that the absence of signs of a special subject in a person excludes the possibility of bringing him to criminal responsibility as the perpetrator of a crime that can be committed by a special subject, it is expedient to agree with those scientists who maintain the position that the issue of recognition of a person who is a general subject of a crime, a co-perpetrator of a crime with a special subject should be decided individually, based on specific circumstances, taking into account the specifics of the objective features (objective side) of the crime. The subject of violation of the right to protection is special, the characteristics of which are defined in Part 2 of Art. 18 of the Criminal Code of Ukraine, according to which the special subject of a criminal offense is a convicted natural person who committed a criminal offense at the age from which criminal responsibility can arise, the subject of which can only be a certain person. Taking into account the above, it can be stated that the inquirer, investigator, prosecutor, judge as special subjects are not only characterized by the features of a general subject, such as age and sanity, but also belong to persons with special legal personality - the ability of a person in to acquire a certain legal status and act as a bearer of the subjective rights and legal duties of an inquirer, investigator, prosecutor, judge.

Legal regulation of the powers of the Antimonopoly Committee of Ukraine to exercise control in the field of banking activity

Control is explained as a systematic verification of the implementation of laws, directives, resolutions and decrees or as state or public measures for the supervision, inspection, accounting of the activities, behavior of natural and legal persons, i.e. control is an inspection in order to ensure the reliability and legality of the actions specified and the process of tracking the actual implementation of plans. Unfortunately, the legal reference literature and the current legislation of Ukraine do not contain a unified approach to the definition of the legal content of the term «control». The Encyclopedia of Law, for example, defines «control» (French controle – check, from Old French contre-role – a list with a duplicate for verification) – as verification of the implementation of laws, decisions, etc. The article examines the place of the Antimonopoly Committee of Ukraine in the system of bodies exercising control in the sphere of banking activity. It is determined that state control is one of the main functions (forms, methods) of public administration. The degree of efficiency of state control, despite the sphere of its implementation, is mainly determined by the quality of legal support of control activities, a certain level of socio-economic and logistical support of state control bodies, the level of mobility and balance of the system of control bodies. It is the balanced construction of the system of state control bodies that is an important prerequisite for the successful functioning of the entire system of state bodies. Analyzing the variety of laws and by-laws, as well as scientific literature on the issue of subjects of control in the sphere of banking activity, it is determined that control over the activities of banking institutions is a complex system, which has two main directions: external control and internal control. Subjects of banking control can be represented both externally (by state and independent regulatory authorities) and internally. The subjects of banking control by the state include: the Accounting Chamber of Ukraine, Control Departments under the Administration of the President of Ukraine, the State Financial Inspection of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the National Bank of Ukraine, the State Fiscal Service of Ukraine, the State Treasury Service of Ukraine, the State Property Fund of Ukraine, state extra-budgetary funds (such as the Pension Fund of Ukraine), the National Securities and Stock Market Commission, law enforcement agencies and others in accordance with the current legislation. Independent audit firms act as subjects of independent control, and the subjects of internal control are the Supervisory Board, the Audit Commission, the Management Board (Board of Directors), functional divisions of the bank, and its internal audit service. The article thoroughly covers the functions of the Antimonopoly Committee of Ukraine of control in the sphere of banking activity, its important role and importance. The article defines the main functions assigned to the Antimonopoly Committee of Ukraine by the current legislation of Ukraine. On the basis of the study, it is established that in case of violation of the current legislation, material and operational-economic liability is provided for business entities in general, and banks in particular. When writing the article, on the basis of the studied material, it is established that the common type of operational and economic sanctions applied by the authorities are: cancellation of licenses and termination of foreign economic operations. And in case of abuse of monopoly position in the market, the Antimonopoly Committee of Ukraine has the right to adopt a resolution on the forced division of monopoly formations.