Norms Of Law Research Articles

About the evolution of the concept of «prisoner of war» and the rules of treatment of prisoners of war: a historical and legal research

The article examines the issues related to the historical evolution of the concept of «prisoner of war» and the rules of detention, treatment and internment of such persons. It is stated that the precedent of discrepancies between legal acts providing for legal regulation of the status of prisoners of war is retrospective. The author analyses the customs of the ancient world and early civilisations for compliance with moral norms in the context of treatment of prisoners of war. Early states did not actually know what a system of «humane» treatment of prisoners of war was, but such countries and states as Ancient Greece and India were the driving force for fundamental changes in the vector of humane treatment of persons held in captivity. Using the method of comparative legal analysis, the author concludes that the periods of the Middle Ages and Modern times in terms of treatment of prisoners of war have both a close correlation and direct inconsistency. The author identifies the legislative acts that served as the basis for the regulatory settlement of the problem, such as the Special Prisoners’ Decree or the Hague Convention of 1899. The author analyses the historical changes in international approaches to understanding the concept of «prisoner of war» and the rules for the treatment of such persons from early armed conflicts to modern norms of international humanitarian law. Attention is drawn to the national framework of Ukrainian legislation in the context of the customs of Kyivan Rus, the late Middle Ages, the Ukrainian SSR and the period of independence. The treatment of prisoners of war on the territory of Ukraine has always been historically consistent with moral values, even those which can be compared with modern international humanitarian law. The author concludes that the conflict between theory, legislation and practice has been present throughout human history due to the destructive nature of war and hostilities. The author emphasises the need to find new practical approaches to improve the level of legal regulation of the status of prisoners of war in international humanitarian law and national legislation of Ukraine (in particular, criminal procedure law).

Islamic Family Law Reform in Indonesia: A Review of the Supreme Court's Decision on the Postponement of the Distribution of Joint Property

The settlement of joint property between husband and wife after divorce often ends up in the Religious Court, even reaching the level of cassation and judicial review (PK), such as in the Supreme Court Decision Number Register 159/K/AG/2018. In this case, especially related to disputes over joint property in marriages with minor children, the Supreme Court not only refers to the normative law contained in the law, but also considers a sense of justice and benefit. This research uses a qualitative descriptive method with an empirical juridical approach. This approach is referred to as empirical legal research because it focuses on analyzing the implementation of normative legal provisions directly (in action) in certain legal events in society. Primary data was obtained from Supreme Court decision No 159 K/Ag/2018, No 618/Pdt.G/2012/PA.Bkt, No 38/Pdt.G/2013/PTA.Pdg, No 88K/Ag/2015, No 159/K/AG/2018, No 99/Pdt.G/2023/MS, as well as laws related to the research being discussed. Secondary data is obtained from books, scientific articles and previous research results related to joint property and those that have the same discussion. Data collection techniques using literature study and qualitative data analysis are used to explore certain phenomena and find out the causes. The results showed that the Supreme Court judge in deciding this case used the method of legal discovery through legal interpretation, especially systematic interpretation and sociological interpretation. In the case, the judge postponed the division of joint property until the children of the disputing parties reached the age of mumayyiz, thus showing attention to aspects of substantive justice. Systematic and sociological legal interpretations by judges show that in resolving post-divorce joint property disputes, especially those involving minors, judges must consider the social realities that live in society to actualize justice. This emphasizes the role of judges not only as law enforcers, but also as guardians of the public good. This research concludes that legal discovery by judges through interpretation based on systematic and sociological approaches can realize concrete justice in society, especially in divorce cases involving children.

HOW NOT TO DO EUROPEAN INTEGRATIONS: BOSNIA AND HERZEGOVINA AND LEGAL CHALLENGES IN ACCESSION PROCESS TO EUROPEAN UNION

Background: Bosnia and Herzegovina, with its complex constitutional and legal system, is facing many difficulties in its progress toward European Union membership. These challenges have been worsened by political instability, exacerbated by geopolitical shifts in Europe following Russian aggression on Ukraine. Legal complexities in the constitutional order of Bosnia and Herzegovina are often used to halt the country's progress and divert it from its European trajectory. This article analyses the specific instances of very unfavourable legal solutions that are hindering the EU accession process, as well as the recommendations put forth by the EU Commission aimed at removing these legal obstacles. There is an urgent need for reform of constitutional and legal rules to enable the country to effectively continue its EU accession path. The importance of the EU membership perspective for Bosnia and Herzegovina extends beyond simply joining a desirable club of prosperous countries; the reforms required during the EU accession process are needed to strengthen the efficiency of state institutions and secure lasting peace in the country and region. As such, the urgency and potential impact of these proposed legislative changes cannot be overstated. Methods: The research primarily employs a combination of analytical, normative, and comparative methods to examine the legal system and chronology of the integration process. The legal historical method is also used where appropriate. The research focuses on the content of constitutional norms, relevant legislative acts in Bosnia and Herzegovina, and legislative acts of the European Union and other countries. These legislative acts are compared with EU recommendations and legislation from other EU member states to identify the discrepancies. The article provides an overview of the legal framework governing EU integrations in Bosnia and Herzegovina, including norms of international law, constitutional law, national legislation, and EU law that are negatively impacting the EU accession process, and offers certain recommendations for their improvement. Results and conclusions: The research has identified certain norms of constitutional and legislative origin in the legal system of Bosnia and Herzegovina that are harming the country's ability to effectively engage in the EU accession process. Through a normative approach, the article gives recommendations for their improvement, which are in line with the standards set by the institutions of the EU. Amending these problematic legal frameworks would remove their use as political tools aimed at halting the country’s progress in the EU integrations.

Subak Lungatad in Preventing Land Conversion through the Revision of Awig – Awig

Subak is a community organization that specializes in regulating the rice field irrigation system used in rice cultivation in Bali, one of which is Subak Lungatad Yang in Peguyangan Kangin Village, North Denpaar. Subak Lungatad has a customary law norm called Awig-Awig. Awig-Awig is a customary law norm that is formulated and regulates the behavior pattern of community members in interacting in order to create order and peace, meaning that Awig-Awig grows and is formulated so that the life of the community in the customary village is not damaged. However, in the application of awig – awig Subak is also lived by the Balinese people as a concept of life, because it is a direct manifestation of the philosophy called Tri Hita Karana. There is a problem that arises in the awigs in Subak Lungatad is that they have not regulated and can anticipate changes in land use change in the subak Lungatad district Land use change in the last 1 year covering an area of 0.8 hectares, which is in Subak Lungatad, from the area of Subak 114 hectares. From this data, it can be described that land use change is still occurring. Pekaseh Subak Lungatad, I Made Maja, revealed that Subak Lungatad is part of the irrigation area of Kedewatan Pasedahan Yeh Lauh, Peguyangan Kangin Village, North Denpasar District. With a raw land area of 120 hectares, all of them are semi-irrigated. The subak land continues to experience pressure due to land conversion, there tends to be housing development. This condition is certainly really concerning for the future of rice fields and agriculture of the people of Denpasar. The participation of Krama Subak in preventing the conversion of agricultural land into housing can be done by including the rules in the awig-awig subak. Although the existing awig subak has not yet regulated it, it can be made in the form of a perarem or implementing rule of the awig- awig. The role of subak as a traditional organization in the field of water use at the farming level in indigenous peoples. The important role of the subak system is closely related to the strength of the subak itself, including the simplicity of the organizational structure, a cooperative work system and the implementation of the Tri Hita Karana philosophy. One of them is related to weakness which is also related to the lands in the subak lungakad area. The Awig Subak Lungatad that was made has not been regulated for a long time in anticipating changes in land use.

Violation of the handling rules of pathogens: discourse on the definition of the subject of the criminal offense

The relevance of the study is determined by the growing importance of ensuring the biological security of the state, in particular, by criminal legal means in the context of strengthening control over the activities of research, diagnostic and production microbiological laboratories that work with pathogenic material, as well as by the uncertainty of the criminal legal doctrine regarding the mandatory signs of the composition of the criminal offense under Art. 326 of the Criminal Code of Ukraine. The purpose of the article is to develop a scientifically grounded approach to the understanding of the subject of violation of the handling rules of microbiological objects that are pathogens of dangerous diseases, and the responsibility for which is provided for by Article 326 of the current Criminal Code of Ukraine, as well as by Articles 5.1.12, 5.1.13 and 5.1.19 of the draft of the new Criminal Code of Ukraine. To achieve this goal, the following scientific methods were used: hermeneutical, normative-dogmatic, formal-logical, system-structural. The provisions of international and national legislation of Ukraine, which determine the content of the subject of the relevant criminal offense, were analyzed. It was found out that, despite the dual interpretation, the term “biological agents is used both in the current and in the prospective legislative acts of Ukraine, and the lists of dangerous biological agents are approved by the Government and the Ministry of Health of Ukraine. In the absence of the legal definition of the term “infectious agents” and the absence of any normative defined lists of such agents, the use of this term in the construction of the relevant criminal law norms is considered to be questionable. The meaning of the concept of “biotechnology products,” which was used by the authors of the draft of the new Criminal Code of Ukraine to criminalize the violation of the handling rules of pathogens, has been determined. It was found out that there is no legally defined list of biotechnology products, which significantly expands the meaning of this concept. It was argued that the application of the definition of “biotechnology products” in a prospective codified criminal legal act will create unjustified competition of norms and will negatively affect the qualification of relevant criminal offenses. The optimal version of the disposition of the criminal legal norm on the violation of the mentioned rules of biological safety in terms of determining the subject of this criminal offense has been given.

The Role of Labour Law in Enabling Mechanisms for Mitigating Military Conflicts. A Legal Model of Peace

The world is perpetually shaken by various forms of military conflicts, and these occurrences have consistently captured the attention of the International Labour Organization (ILO) due to their profound impact on far-reaching consequences on an international labour market. Our study aims to address potential strategies for mitigating risks arising from military conflicts. We firmly believe that labour law should be highly flexible and centered on neutralizing the ramifications of conflicts for states and citizens. Our research question guides the examination of labour law, using the ILO and Swiss labour law as cases, considering the location and scale of the military conflict. Existing literature on the development of the ILO’s legal and regulatory framework predominantly focuses on events, with limited attention given to analyzing the connections between them and lessons for the present. It is crucial to explore these connections to prevent the repetition of negative historical patterns and the compounding of problems. We express deep concern regarding the impact of military zones on the world of work. There is an imperative need for heightened attention to labour law response mechanisms. We strongly claim certain spheres of work must remain neutral concerning military conflicts. Labour law has long been engaged in formulating specific rules of conduct for employers and employees during the outbreak of armed conflicts. We contend labour law norms can serve as a means of promoting peace. In this regard, digital tools like the «Digitale Peer-Gruppen-Beratung» can prove instrumental in implementing pre-agreements among nations, employers, trade unions, and workers. By expanding functions from consultative to providing relocation of groups of workers due to the unscrupulous foreign policies of their countries we would contribute to a more peaceful world. This should be based on having pre-established agreements between nations regarding the fair and equitable distribution or temporary deployment of labour resources, particularly those crucial to the military and related industries of the conflicting parties. The concept of a strike merits consideration as a democratic tool, wherein workers relocate centralized because of disagreement with their country’s policies. It necessitates clarification to ensure non-interference in the internal affairs of nations and to consider industry-specific factors (e.g., continuous production cycles).

Divine Law in Canon 22 of the Code of Canon Law

Civil law norms may operate in the Church’s legal order. Canon law refers to them as a general norm expressed in canon 22 of the Code of Canon Law. This phenomenon is referred to as the canonisation of civil law. The studies concerning this topic focus on the issues of the concept of canonisation and the technique of its application or practical problems arising from the general norm. The study addresses issues concerning the use of the reference to the divine law in canon 22 and its influence on the interpretation of the norm, the influence of the canonical norm on the understanding of the divine law, and the necessity of its citation in the text of the canon. The author believes that the subject of the just canonical norm (norma iusta) should be added to the existing considerations in canonical doctrine.

Arbitration and the Transnational System of Commercial Justice: Charting the Path Forward

The pre-eminent place of arbitration in the international commercial dispute resolution landscape has been strengthened and secured by the legal institutions of the transnational system of commercial justice (or ‘TSCJ’). The courts, in particular, have done so in at least four ways: (1) by allocating jurisdiction appropriately between arbitral tribunals and other institutions; (2) by facilitating the enforcement of arbitral awards and preventing the relitigation of issues; (3) by setting sensible standards for the conduct of arbitration; and (4) by reinforcing rule of law norms within arbitration. However, there are at least three systemic challenges that will need to be addressed as we map the future of arbitration within the TSCJ: (1) the problem of complexification; (2) the need to secure access to justice; and (3) the existential threat of climate change. Arbitration practitioners and institutions can and should turn their attention to preparing themselves for these challenges, and they can draw from the experiences of other institutions within the TSCJ to chart a viable path forward.

Analysis of Open and Closed Proportional System General Elections From a Democratic Perspective

The implementation of general elections is one of the characteristics of a democratic country as a form of people's sovereignty. There are various types of general election systems throughout the world, including open and closed proportional systems. The normative legal method is based on the absence of norms in Law of the Republic of Indonesia Number 7 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2022 concerning Amendments to Law Number 7 of 2017 concerning General Elections into Law, where this Law only regulates the open proportional general election system and there is no regulation on the closed proportional system. The problem discussed in this study is how is the analysis of the open and closed proportional general election system from a democratic perspective? and which general election system is better to use for Indonesia and other democratic countries?.

Adalékok az abortusz büntetőjogi megítélésének történetéhez

Aim: To examine how the social and, at the same time, legal perception of induced abortion has changed since the Middle Ages. Examining the criminal law norms seems to be a good indicator of this because these norms are meant to play the role of a capstone for the protection of social values. Methodology: Processing and analysis of legal norms and literature data from a historical perspective. A value-oriented analysis of the mentioned sources accompanies this. Findings: The normative system of the middle ages was permeated by the Christian religion and the morality based on it. Thus, at this age, there was no doubt that taking away the life of the fetus was a sin and a crime as well. This rule prevailed in later times until 1945. The abortion ban that remained after the communist takeover was based on entirely different moral foundations. It was based on the fact that workers are needed for social development, and taking away fetal life deprives socialist society of this resource. State socialism later relaxed the rules. This change was followed by the criminal law with a significant lag until finally, in 1962, only illegal abortion was punishable. The changes after the regime change consolidated the legislative attitude according to which the fetus is not a human being. The criminal law norms are also in line with this. Value: Historical outline of the protection of fetal life, with particular regard to its protection under criminal law. Changes in European culture led to the development of different images of people. An imprint of these is the protection of fetal life.

Child Grooming (Technology-Based Sexual Harassment) in the Context of Indonesian Law

Child grooming is a form of sexual harassment that continues to develop because sexual harassment is often carried out directly by the perpetrator, and is often carried out through social media. The perpetrator manipulates Child Grooming by being kind and attentive so that the child believes that the person he has just met is a good person. In Indonesia, Child Grooming is a new type of crime, and is based on existing regulations. The method used in this study is normative legal research. The approach in the research utilizes a legislative approach. The legal materials used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. In the normative law research that is being carried out, the data collection method is by conducting a bibliographic study. The act of Child Grooming is a form of sexual crime that uses minors as targets. Although the Child Protection Law has regulated the protection of children, the existing articles are still limited in regulating obscene acts in general. And in the regulations in Indonesia there are 10 rules or articles that can be imposed on Child Grooming perpetrators.

Penelantaran Anak: Analisis Berdasarkan Hukum Pidana dan Hukum Pidana Islam

The main problem of this study is to analyze the crime of Child Neglect based on Criminal Law and Islamic Criminal Law. This study discusses the legal analysis of the form of the crime of child neglect, starting from the definition, risk factors, signs, and legal sanctions that regulate the crime of child neglect seen in the analysis of criminal law and Islamic criminal law. Research method: This study uses a qualitative method that examines the relationship between the variables studied and the hypotheses that can be tested. The type of research used in this study is normative law research, which uses normative case studies in the form of legal behavior products, such as reviewing laws. The subject of this study is law, which is conceptualized as a norm or rule. The approach used in this study is library research and the literature, which contains theoretical theories relevant to research problems, and shows that, First, in Indonesia's criminal law, the crime of child neglect is regulated by Child Protection Law Number 35 of 2014, where the perpetrator can be subject to prison sanctions and/or fines. Second, from the perspective of Islamic criminal law, child neglect is also seen as an act that violates Sharia, with sanctions that can include ta'zir punishment adjusted to the seriousness of the violation and the condition of the perpetrator.

ОБ УТОЧНЕНИИ ПОДСЛЕДСТВЕННОСТИ ПО УГОЛОВНЫМ ДЕЛАМ ЗА УНИЧТОЖЕНИЕ ИЛИ ПОВРЕЖДЕНИЕ ИМУЩЕСТВА ПО НЕОСТОРОЖНОСТИ

The article considers the actual problems of forming a correct legal conceptual and categorical apparatus used in Russian legislation regulating responsibility for activities that create increased danger to others. The methodological basis of the analysis carried out by the authors is the dialectic of legislative and law enforcement activities in their contradictory unity and the desire to achieve maximum meaningful purity of legal categories introduced into circulation, using the example of article 168 of the Criminal code of the Russian Federation. The authors propose specific formulations of the criminal law norm prescribed in article 168 of the Criminal code of the Russian Federation and their justification, which makes it possible to clarify the jurisdiction attributed to the competence of the investigators of the state fire supervision of the federal fire service of the State fire service of EMERCOM of Russia in criminal cases for the destruction or damage of property by negligence.

Special Collegium Activities on Certain Categories of Cases (1934–1938)

Special collegiums operated in 1934–1938 as part of the Supreme Court of the USSR, the supreme courts of the Union republics, regional and regional courts, and the main courts of the autonomous republics. Their creation can be considered as an experiment in transferring cases of state crimes from non-curial to judicial authorities. The special collegiums activities were provided by the NKVD, special departments of the prosecutor’s office and the sector of special courts of the People’s Commissariat of Justice of the USSR. Their personnel consisted of former NKVD officers and nominees of local justice authorities. All this makes it possible to characterize them as bodies of special justice. The most notable cases considered by special collegiums were cases of anti-Soviet agitation (Article 58–10 of the Criminal Code of the Russian Federation), cases under the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR dated August 07, 1932 («The Law on Three Spikelets») and cases of banditry (Article 59-3 of the Criminal Code of the Russian Federation). All of them were considered within the framework of the campaign justice model. It was characterized by an expansion and narrowing of the interpretation of the norms of substantive law. This allowed ordinary crimes and administrative offenses to be considered as state crimes. The penalties were regulated. This led to unstable judicial practice. The methods of «simplification», i.e., deviations from the norms of substantive and procedural law, were actively used. Obviously, by the middle of 1938, the experiment of depriving non-judicial bodies of judicial functions was considered unsuccessful and the special collegiums were liquidated.

Legal Aspects of Demographic Policy in the Russian Empire

The paper provides a legal analysis of demographic processes in Russia in a retrospective aspect during the pre-revolutionary period. The solution of demographic problems in the Russian Federation at the present stage is possible only taking into account the historical and legal experience of state legal regulation of public relations in the demographic sphere, including in the Russian Empire, taking into account positive historical and legal traditions. It should be borne in mind that demographic processes influence the possibility of making and implementing management decisions at the national and regional levels. State legal demographic policy is an integral part of the legal policy of the state as a whole. The paper examines the stages of the formation of demographic policy in the Russian Empire, its place, role, and goals. The author defines demographic processes, demographic policy, and its modern representation in the norms of law. The paper describes correlation between social policy and demographic policy of the State. The importance of the development and State support of demographic policy in particular and social policy in general is determined. The author analyzed several laws of the Russian Empire adopted from the 18th to the 20th centuries, determined features of demographic and social policy. The author takes into account statistical data of the 1897 census that became the first general census of the population, which determines the quantitative and qualitative composition of the population of the Russian Empire. The paper investigates major reforms in labor relations, health care, pension reforms.

«Simple» Criminal Law Measures to Combat Organized Crime and Consequences of their Application

Effective criminal law measures to counter organized crime should be based on an adequate understanding of this phenomenon and should comply With the principles, approaches and traditions of the national legal system. The disposition of the article 210.1 «Occupying the highest position in the criminal hierarchy» introduced in the Special Part of the Criminal Code of the Russian Federation is excessively concise and does not correspond to the fundamental principle of legal certainty of criminal law norms. Despite the declared successes in its application, the practice of judicial review of criminal cases of crimes is ambiguous. In addition, the conviction of a «thief-in-law» («criminal lord») and his incarceration does not deprive him of either a criminal «title» or real power in the criminal world. The low effectiveness of criminal law measures is explained by the fact that the «thieves’ world» and its criminal hierarchy headed by «thieves-in-law» are neither a criminal community (criminal organization), nor an organized group or any other form of complicity listed in Article 35 of the Criminal Code of the Russian Federation. It is proposed, having eliminated terminological redundancy, to call it a criminal community, in contrast to the forms of complicity provided for in Part 4 of Article 35 and Article 210 of the Criminal Code of the Russian Federation that are more correctly called criminal organizations. The paper defines a criminal community in its new understanding, and proposes a set of criminalized acts to effectively counter this phenomenon.

The Main Mistakes of Economic Entities When Applying to the Court of the Eurasian Economic Union

The article contains an analysis of the problem of the implementation in the legal system of the Eurasian Economic Union of the right of legal entities and entrepreneurs to apply to the Court of the Eurasian Economic Union. The purpose of the study is to establish the specifics of the treatment of legal entities and entrepreneurs in the EAEU Court by analyzing errors in the treatment and suggesting options for their correction, if the errors are correctable. To achieve the purpose of the study, the following tasks were solved: to identify the features of applying to legal entities and entrepreneurs to the EAEU Court; to analyze the mistakes they make when applying to the EAEU Court, identify the causes and propose options for eliminating errors. The study used problem-theoretical and formal-logical research methods, the method of analysis. During the analysis of the practice of the EAEU Court, it was found that the main reason for the shortcomings of statements to the EAEU Court is the failure of applicants to take into account clear provisions of the EAEU law norms establishing the conditions and procedure for applying to the EAEU Court, the practice of the EAEU Court. The elimination of this cause is possible through research, education and training for the formation of legal awareness and legal culture of legal entities and entrepreneurs.

A paradigm shift in international security as a consequence of the Russia-Ukraine war

This article presents the main features of the historical genesis of the international security paradigm shift from its institutionalisation to the present day. It is shown that such genesis is sinusoidal in nature and related to the well-known 'Kondratiev waves', except that, unlike the latter, it is not economic in nature, but security in nature. In a historical and geopolitical context, five successive shifts in the international security paradigm (Pre-Systemic, Westphalian, Vienna, Versailles, Yalta-Potsdam, Unipolar) are distinguished as a normatively recognised system of international relations of war and peace, based on all countries' adherence to universally recognised principles and norms of international law, as enshrined in relevant international treaties. The main factors of the end of the era of the unipolar world and the growing role of 'fragile' states in the international security environment as potential objects of international military interventions and spaces for the deployment of local conflicts and wars were characterised. It was concluded that the war in Ukraine is a key trigger for a new paradigm shift in international security and the emergence of a new system of international relations, and that the outcome of the Russian-Ukrainian war will determine the 'starting positions' and strong arguments in the hands of the United States of America and its allies against China and its allies during the inevitable new global security conference on the creation of a new world order.

MECHANISM OF CIVIL-LAW REGULATION OF RELATIONS FOR THE PROVISION OF PAID EDUCATIONAL SERVICES BY HIGHER EDUCATION INSTITUTIONS IN UKRAINE

The paper defines the specifics of the mechanism of civil-law regulation of relations for the provision of paid educational services by higher education institutions in Ukraine. At the same time, civil-law regulation is understood as a special legal influence on the behavior of participants in public relations, that are included in the subject of civil law as a branch of law. Special legal influence on the behavior of participants in relations on the provision of paid educational services by higher education institutions in Ukraine is carried out through a system of certain legal means, among which in the most general form one can distinguish: civil law norms, personalized individual acts of an autonomous nature (including contracts), personalized individual acts of a power nature (acts of application of law). However, the said civil-law influence cannot occur automatically. In this case, a certain mechanism for carrying out civil rights should be used, the functional purpose of which is to ensure the realization of the powers that make up the content of said rights, and the fulfillment of relevant subjective duties. It has been found that in order to characterize the mechanism of civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine, it is important to take into account the systemic and logical interrelations that exist between the norms of civil law enshrined in various normative legal acts. And this is directly confirmed in the current legislation, in particular in Art. 2 of the Law of Ukraine «On Higher Education», which directly states that «the legislation on higher education is based on the Constitution of Ukraine and consists of the laws of Ukraine «On Education», «On Scientific and Scientific-Technical Activities», this Law and other normative legal acts, international treaties of Ukraine concluded in the manner established by law». It has been substantiated that all the norms of law aimed at civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine should not contradict the general principles of civil legislation defined in Art. 3 of the Civil Code of Ukraine, since they are the basic construction that allows civil law to function as a system of norms of law.

Theoretical Methods of Unification of Normative Legal Terminology

The article analyzes the conditions and directions of unification of normative legal acts. The author identifies the following areas of unification: the creation of unified normative acts; the formation of normative legal acts with a single structure; increasing the list of norms common to similar normative legal acts, norms regulating the same type of public relations; creating conditions for the development of a unified legal terminology in order to ensure the general meaning of legal norms. In conclusion, the author comes to the conclusion that the set of methods used depends entirely on the specifics of the conditions for the unification of normative legal acts, i.e. on the specifics of regulated legal relations. Unification is a law-making process taking place at the interstate and national levels. In the latter case, unification takes place, i.e. The development of uniform norms of law also takes place at the interstate level, but the achievement of the final result largely depends on the desire of each particular State to create in national legislation norms of law identical to the norms developed at the interstate level. Considering this and other circumstances, it seems that unification is a process of creating and consolidating uniform rules of conduct that takes place at the interstate and national levels within the legal framework established by international and national norms of law.