Principles Of Legislation Research Articles

Benthamís Project of Applied Ethics, c. 1780: Part I, A Penal Code

Benthamís An Introduction to the Principles of Morals and Legislation (IPML) was originally intended to introduce a utilitarian penal code. Such a code would apply the principle of utility to the task of designing a system of criminal law. Part I, Section I of this two-part paper gives an overview of IPML, in which the basic moral assumptions of utilitarianism are presented, and the central concept of mischief is emphasised. The principle of utility favors making into criminal offences actions that are mischievous and profitable to punish. Section II discusses Chapter XVI of IPML. This chapter is a taxonomy of possible offences and the penal code would explain which acts in the taxonomy are mischievous and profitable to punish. This chapter also suggests how Bentham was beginning to see the need for other utilitarian legal codes. Section III discusses Benthamís concept of a ëcatechism of reasonsí to be included in the code, which would explain to the citizenry why each action in the code is mischievous. Section IV discusses two important sets of manuscripts that illustrate the reasoning that was to accompany the code. The first briefly treats the offence of cruelty to animals and expands on the thinking in the famous footnote to Chapter XVII that argues that non-human animals can be treated wrongly, while the second examines the remarkable treatment of ëpaederastyí, that is, consensual sex between adult males. IPML does not mention paederasty, although several passages are relevant to it. These passages suggest that paederasty is not mischievous. The manuscripts expand on these suggestions, and explicitly argue that paederasty ought not to be an offence. Several new issues are discussed, such as the effect of paederasty on population size. In the subsequent Part II of this paper, Benthamís treatment of punishment in IPML, The Rationale of Punishment, and the penal code will be discussed.

Recent Developments in China’s Coastal Zone Management Legislation: An Appraisal

The coastal zone has become one of the areas with the most serious environmental problems and has concentrated conflicts between land development and protection in China. It is the choice of many countries to regulate and balance coastal resource utilization and environmental protection by legal means. However, China has not yet issued comprehensive legislation on coastal zone management at the national level, while some coastal provinces and cities have enacted local legislation. This study first systematically reviews China’s coastal zone management legislation at both the national and local levels, paying particular attention to those laws enacted in the past decade and subsequently looks into the core regimes adopted in China’s coastal zone management. From the perspective of achievements, the legislative framework of China’s coastal zone management legislation is relatively complete, with increasingly diverse legislative subjects and increasingly refined legal provisions, providing a strong normative basis for coastal zone management. Nevertheless, existing legislation also faces challenges such as insufficient systematization, inefficient coordination mechanisms and incomplete legislative content which impact the practical effectiveness of coastal zone management legislation. Based on China’s national conditions, this study proposes two suggestions for future improvements. On one hand, in terms of legislative principles, coastal zone legislation should embody a concept of integrated management and establish substantive principles of systematization, protection priority, prevention and precaution, justice and equality while following the principle of non-contradiction in legislative form. On the other hand, in terms of legislative content, the institutional system of China’s coastal zone management legislation should be further improved in four aspects, namely, optimizing the coordination mechanisms, introducing incentive mechanisms, strengthening public participation, and improving climate change countermeasures.

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.

Humanistic foundations of the legal system: dialectics of theory and practice in the conditions of modern challenges

The article is devoted to the study of the principle of humanism as the fundamental basis of the modern legal state. The author examines the historical development of the concept of humanism from the ideas of ancient philosophers to modern concepts of human rights, emphasizing its key role in the formation of the legal system and state policy. The work analyzes the concept of «principle» and its meaning in the legal context. The author emphasizes the systematic nature of the principles of law, their interrelation and hierarchy, which is critically important for understanding their role in the formation and functioning of the legal system. Special attention is paid to the principle of humanism as a cross-cutting element of the legal system. Its key aspects are considered: recognition of the inherent value of each person, respect for human dignity, provision of conditions for the realization of rights and freedoms, striving for the common good. The author emphasizes that humanism in law is not only an ethical ideal, but also a practical guideline for law-making and law enforcement. The article also examines certain aspects of the dialectical opposition between humanism and anti­humanism, which allows for a deeper understanding of the dynamic nature of humanistic principles and their role in the development of the rule of law. The author emphasizes the need for constant critical review of existing norms and institutions for their compliance with humanistic ideals. An important aspect of the research is consideration of the relationship between the level of moral maturity of society and the implementation of the principle of humanism. The author claims that in a morally developed society, respect for the rights and freedoms of the individual becomes an organic component of everyday life, which creates a harmonious coexistence of ethical principles and legal norms. In the conclusions, the author emphasizes the need not only for formal enshrining of humanistic principles in legislation, but also for their practical implementation in all spheres of social life. This requires constant improvement of the legal system and state administration in order to maximally satisfy the needs and interests of citizens, which is a key feature of a truly legal and democratic state.

COMPARATIVE LEGAL ANALYSIS OF TAX MEASURES TAKEN IN CRISIS CONDITIONS

The world's economic and legal systems are facing a huge challenge to overcome the negative consequences imposed by recent social distortions. In 2020, what started as a health crisis quickly turned into an economic-social problem where an express response was required to ensure the functioning of social actors. This economic-social crisis was followed in a short period by new security crises with additional consequences on national systems. The response to the newly created conditions requires a multidisciplinary approach that will include measures of a health, economic, social, and security nature, adopted on the principles of legislation and expediency within the national legal systems. These measures have their own direct or indirect tax component. The purpose of this paper is to perform a legal analysis of the tax measures taken in the national systems. The scope of the research covers the member states and candidate countries for membership in the European Union. The focus is on the more recent crisis period, with particular emphasis on the COVID-19 period. The analysis primarily focuses on the legal element of the tax measures, the procedure of their implementation, and their legal nature. Also analyzed are the challenges that they have on the taxpayers and the administrative authority for their performance. The method of comparison in the paper is used to compare the similarities and differences between the tax measures in the different national systems and to detect the legal challenges imposed by the established crisis conditions. At the end, conclusions are given about the current situation and recommendations on how the establishment of tax systems should be in the future in crisis conditions.

The Criminal Code of Mongolia. The General Part. Crime

Introduction. In a number of positions, the Criminal Code of Mongolia is recognized as more progressive than the Criminal Code of the Russian Federation. Therefore, it is no coincidence that there is a noticeable increase in the number of publications devoted to legislative decisions of the Criminal Code of Mongolia, which are of undoubted interest in scientific discussions on key criminal law issues.General provisions. The Criminal Code opens with Chapter 1 "General provisions", which sets out the goals, principles of the criminal legislation of Mongolia, the rules of its operation in space and time. The Criminal Code of Mongolia enshrines only three principles: legality, justice and guilt. The law explicitly states that it is not allowed to bring a person to criminal responsibility for opinions or beliefs. The issue of the time of commission of ongoing and ongoing crimes has been resolved. The rules on the statute of limitations of a crime have been moved to this chapter.Crime. The foresight of an act in the criminal law is called an indispensable condition for the recognition of an act and omission as criminal, and, in particular, a careless act. The concepts of a continuing crime and an ideal set of crimes are revealed. Only two categories of crimes are fixed: serious and minor. The form of guilt for the purposes of categorization of crimes in the Criminal Code of Mongolia is insignificant. The very forms of guilt (intent and negligence) are named in art. 2.3. At the same time, intent is not divided into types. TheCriminal Code of Mongolia defines the concept of damage and harm caused by a crime. The chapter ends with the regulations on the unfinished crime.Complicity. It is noteworthy that the form of guilt of the crime committed is not specified in the law. A mediocre performer is a person who has committed a crime by using not only a person who has not reached the age from which criminal responsibility begins, an insane person, but also other persons who have not committed a crime in complicity with the perpetrator and do not realize that a crime is being committed, or livestock or other animals. The perpetrator of a crime is also recognized as a person who inclines another person to commit a crime under the influence of physical or mental coercion.Circumstances precluding the criminality of the act. This institution has found regulation in Chapter 4 of the Criminal Code. It can distinguish significant differences from the Russian Criminal Code in regulating necessary defense, extreme necessity, coercion, reasonable risk, and execution of an order.The procedure, grounds for criminal prosecution and exemption from criminal liability. Chapter 6 contains regulatory requirements that define: (1) signs of the subject of the crime – an individual; (2) general rules for bringing to criminal responsibility and (3) special rules for sentencing; (4) rules for exemption from criminal liability and punishment.Liability of legal entities. Chapter 9, which closes the General Part, is devoted to their responsibility, which defines the grounds for bringing legal entities to criminal responsibility; types of criminal liability; guarantees of its inevitability. The basis for the imposition of punishment is the sole or joint decision of authorized officials representing a legal entity, or actions or omissions committed in the interests of a legal entity that contain signs of an appropriate corpus delicti.Conclusions. Modern Mongolian criminal legislation, while maintaining continuity and honoring legal and cultural traditions, has a qualitative originality. The normative prescriptions proposed in it are of interest to Russian criminal law science and the legislator. Undoubtedly, the experience of Mongolian criminal law regulation can and should be taken into account by the domestic legislator.

THE ECONOMIC AND LEGAL NATURE OF THE MINIMUM TAX LIABILITY

The relevance of the study of the economic and legal nature of the minimum tax liability is due to several factors. Firstly, being relatively new for Ukraine, this type of tax has not yet been sufficiently studied by scholars. Secondly, due to the specifics of the object of taxation, the introduction of the minimum tax liability significantly affects the taxation of farmers – owners of agricultural land and land users, producers of agricultural products, who are among the most vulnerable segments of the population. Thirdly, such a reform of the tax burden on business entities in agriculture, as one of the sectors most affected by Russia's armed aggression, requires a thorough analysis of its timeliness and appropriateness. This necessitates a study of theoretical and practical aspects, potential risks of introducing the minimum tax liability, as well as the formulation of proposals for solving problematic issues in this area, which is the purpose of the study. The research methodology includes a number of methods of scientific knowledge: the philosophical (dialectical) method, general scientific methods (the method of analysis and the formal logical method), as well as methods related to special scientific methods (formal legal and comparative legal). Results. The study of the economic and legal nature of the minimum tax liability concluded that there is a tendency to expand the range of taxpayers. In particular, at the expense of individuals – members of private farms. The article proves that such innovations lead to the loss of existing tax privileges for farms and increase the tax burden for these entities. The authors identify the risks of introducing a minimum tax liability, including incentives for farmers to alienate agricultural land or transfer it to other persons, alienation of farmers from the main means of production, and increased unemployment. It is established that the introduction of the minimum tax liability under the existing conditions is a violation of the fundamental principles of tax legislation of Ukraine. The generalisations obtained can be used to amend the tax legislation and will be useful in conducting scientific research on tax and agricultural legal relations.

Prevailing Organizational Culture from the Perspective of the Quran and the Sunnah

The reality of the occupation and the repeated offensives the Palestinian people lived through every day across Palestine doubled the number of orphans. The resulting political and institutional need for the effective management of institutions that care for orphans in various governorates increased. This study aimed to identify the most important features of organizational behavior derived from the Holy Qur’an and the Sunnah of the Prophet, according to which work is carried out in the Dora Islamic Society for Orphan Care. The research problem was chosen to identify the main challenges facing this charity in managing its operations and to explore the strategies it uses to overcome these challenges. The study used the descriptive approach to study the descriptive case, which is the charity. The study used the interview tool, so the questions and topics that were discussed were developed, and answers to their questions were obtained with the charity’s team through interviews. The work of the charity stems strongly from the legal foundation of the disposal of (clean) money for the benefit of orphan care. The charity has become a reference for hundreds of needy families and a point of trust for them. The results indicated that the prevailing organizational behavior in the charity is linked to the Sharia rulings, and each procedure is tried according to its legislative principles. The team was genuine and reflective of strong trust internally, as well as a strong relationship between the servant leader style of the CEO and the rest of the team members.

Уголовная ответственность юридических лиц за нарушения в сфере оборота наркотиков в Алжирской Народной Демократической Республике

Purpose: study the regulation in the sphere of drug trafficking control based on judicial practice and doctrinal provisions and to identify the peculiarities of criminal liability of legal entities for drug offenses in the People's Democratic Republic of Algeria. Research methods: the study is based on content analysis of documents, special-legal methods (interpretation and formal-legal method), methods of juris linguistics and consider comparative in nature. Conclusions: regulation in the sphere of drug trafficking control is complex. A number of laws contain blanket and reference norms. Comparing the Algerian and other Arab legislation reveals common features and distinctions related to the criminal liability of legal entities the approach to the definition and terms is similar; the list of drug offenses for which juridical persons can be prosecuted is exhausted, but it can be expanded, taking into account the firmly established case law broader interprets the applicable legislation. The term of such punishment as temporary closure is more lenient in comparison with that provided for by the criminal law, unlike the fines, which are multiples of either the amount of fines provided for individuals or the value of confiscated goods. The author has highlighted procedural peculiarities of bringing legal entities to criminal liability, as well as jurisdictional principles. Scientific and practical significance: with the regard to the specific combination of religious and secular principles in the Arab legislation and linguistic specifics, the research contributes to filling the gaps in understanding modern anti-drug legislation of the People's Democratic Republic of Algeria, as well as the issues of corporate criminal liability. The results of the study can be taken into consideration in the developing Russian legal framework of criminal liability of legal entities and used in the context of further studies of Algerian law and interaction with the country.

Principles of judicial policy in the system of judicial and legal relations

Judicial policy plays a critical role in the formation and development of the judicial system in modern society. It provides a strategic framework on which decisions are made on the organisation of the judicial system, setting priorities in its work, reforming procedures and ensuring legal protection of citizens. The judicial policy covers a wide range of aspects, from the development of legislation to the administration of justice in practice. In this context, it is important to consider the principles of judicial policy that underpin the judiciary and determine their role in shaping the judicial system of Ukraine. In today’s context, when Ukraine is facing the task of reforming its legal system and ensuring the rule of law, as well as taking into account the growing challenges and needs of society, understanding the principles of judicial policy becomes a priority task to ensure justice, legal order and harmony in society. The analysis of judicial policy principles will contribute to the effective functioning of the judicial system, ensure the independence and objectivity of the courts, and protect the rights and freedoms of citizens. Such a study will not only contribute to further improvement of the judicial system, but will also help to ensure that its activities comply with international standards and requirements. The relevance of the chosen topic for scientific research is manifested in the need for a systematic analysis of the principles of judicial policy as a phenomenon and instrument by which the judicial system of Ukraine should function and evolve. This article is one of the first attempts to make a comprehensive study of the theoretical and practical aspects of the principles of judicial policy and to determine their role in judicial and legal relations. The article examines certain aspects of systematisation of judicial policy principles as the basis for the functioning of the judicial system. The author reveals the theoretical foundations, content and nature of these principles in terms of their impact on the activities of judicial bodies. The author analyses the regulatory and legal framework of the judicial policy principles in national legislation and international documents. The author emphasises the importance of the judicial policy principles’ influence on the formation of the judicial system of Ukraine and identifies the main trends in their application in the context of modern challenges.

Tax system or a collection of random regulations?

The tax system is the total amount of taxes that occur in a given country at a given time. It should be built in accordancewith tax principles and the principles of proper legislation, reconciling the functions of taxes with theinterests of taxpayers. When building an optimal tax system, the legislator should take into account at least thebasic tax principles: tax neutrality, tax certainty, efficiency, mitigation of the tax burden, protection of sources oftaxation, and cheapness of assessment and collection. Tax law, due to its specificity and interference with theright of ownership, should be understandable to its addressees. The principle of statutory regulation of publiclevies should limit the frequency of changes, but this is not the case. In Poland, despite the postulates, we stillhave a set of random regulations instead of a tax system.

Fraudulent act: essence and legal regulation

The article examines current issues of science and practice regarding the definition of the essence, signs and legal regulation of a fraudulent transaction as one of the types of contracts in civil law. The importance of the category of “deeds” for civil law is emphasized. Modern scientific positions on understanding the essence of the “fraudulent act” categories are defined and analyzed. The author's vision of the understanding of the above-mentioned category is proposed, under which, in a general sense, a transaction is defined where the debtor (as one of the parties) performs dishonest actions in order to avoid fulfilling his or her obligation to the creditor. The necessity of forming a unified approach to defining the essence of the category of fraudulent transaction is emphasized. The principles of civil legislation, which are violated as a result of the conclusion of a fraudulent transaction, and the court practice on this issue are defined. The essence of the violation of the principle of good faith when concluding a fraudulent transaction is clarified. The need to make appropriate changes to the current civil legislation of Ukraine in order to standardize judicial practice and eliminate existing legislative gaps is emphasized. The judicial practice is analyzed and a review of court decisions regarding the fraudulent transaction and its essential conditions is carried out. It has been established that private law instruments should not be used by participants in civil transactions to avoid paying a debt (money, damages, damage) or to execute a court decision on debt collection (money, damages, damage) that has entered into force. The article notes that a fraudulent contract can be both paid and unpaid. A paid fraudulent contract has its own specifics and features that distinguish it from another fraudulent contract (for example, a free one). The right to evil is singled out as a sign of a committed fraudulent act. Further prospective directions of scientific research on certain issues of fraudulent transactions have been established.

CONSTITUTION AND REGULATION OF LABOR RELATIONS: THEORETICAL AND PRACTICAL ASPECTS

The article analyzes the role and place of the Constitution of the Russian Federation and its principles in regulating relations related to the use of wage labor and constituting the subject of labor law, as well as issues of practical application of international and sectoral principles of law in the eld of labor. The issues related to the consolidation and development of constitutional principles in the labor legislation of the Russian Federation are analyzed. First of all, these are the basic principles of legal regulation of labor relations and other directly related relations, enshrined in Article 2 of the Labor Code of the Russian Federation. It is clari ed that the principles are not “slogans” and purely theoretical constructions - they should be actively used at the stages of rulemaking and law enforcement. This provision is illustrated by the judicial practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The problem of the correlation of such important categories as politics, economics and law is touched upon, the need for an optimal ratio of their inherent mechanisms in all spheres is emphasized.

ANALISIS SEJARAH DAN PERKEMBANGAN TEORI UTILITARIANISME TERHADAP HUKUM INDONESIA

There are several schools of legal thought in philosophy, including the Natural Law School, the Positive Law School, the Utilitarian Law School, the Historical School, and others. All schools of law have their own concepts as a basis for making laws. In its actualization, these various legal schools exist in the lives of many people, both the international community and Indonesian society. Utilitarianism places benefit as the goal of law. What is meant by usefulness is happiness. Whether a law is good or not really depends on whether the law makes humanity happy or not. This Utilitarian school was pioneered by Jeremy Bentham (1748 – 1832), a philosopher, jurist economist and legal reformer. Bentham was able to weave the "thread" of the principle of utility into a broad ethical and legal doctrine known as utilitarianism. A law can only be recognized as law if it provides the greatest benefit to the greatest number of people. This principle was put forward by Bentham in his work Introduction to the Principles of Morals and Legislation (1789), which stated that law aims at "the greatest happiness for the greatest number". Lawmakers in drafting laws must involve looking for ways to realize "good". Lawmakers must take into account the fact that the actions they wish to prevent are “bad” or “criminal.”

Protection of Personal Information of Workers under Algorithmic Monitoring

In the digital era, with the rapid development of big data and algorithmic monitoring technology, the protection of personal information of workers has become an increasingly prominent issue. While enterprises pursue efficient management and business development, they must balance the reasonable use and protection of workers personal information. Starting from the scenario of enterprises conducting algorithmic monitoring on workers, this paper describes the current situation and development, as well as the personal information protection risks that workers may face. It proposes relevant opinions and analysis based on judicial practice and, finally, through discussing legislative principles, presents suggestions for the protection of workers personal information under algorithmic monitoring. This paper hopes to contribute to the construction of a more fair, transparent, and privacy-respecting work environment and to create a safe and dignified workplace ecology for all workers.

Mental health patients' preferences regarding restrictive interventions: An integrative review.

INTRODUCTION: The use of restrictive interventions is a violation of patients' rights that causes physical and psychological harm and which is a well-known challenge globally. Mental health law and legislative principles and experts agree that when restrictive interventions are applied, the least restrictive alternative should be used. However, there is no consensus on what is the least restrictive alternative, especially from the patient perspective. To investigate the literature on mental health patients' preferences regarding restrictive interventions applied during admission to a psychiatric hospital. An integrative review informed by the PRISMA statement and thematic analysis were undertaken. There were tendencies towards patients preferring observation and, for the majority, mechanical restraint was the least preferred restrictive intervention. Factors such as environment, communication and duration were found to influence patients' preferences. There is a lack of agreement on how best to measure patients' preferences and this complicates the choice of the least restrictive alternative. Nonetheless, our findings show that staff should consider environment, communication and duration when applying restrictive interventions. More research on restrictive interventions and the least restrictive alternative is warranted, but agreement is needed on standard measures, and a standard global definition of restrictive interventions.

Sprzeciw od decyzji kasatoryjnej – perspektywa konstytucyjna

The subject of the article is an analysis of the compatibility of the solutions adopted within the institution of opposition to a cassation decision with the Polish Constitution. As part of the introduction of the institution of objection to a cassation decision, the legislator provided for special solutions within the framework of administrative court proceedings aimed at speeding up the proceedings from the objection. However, the speed of the proceedings is not an absolute value and must not violate the right of the individual to a fair trial. Hence, the purpose of the study is to answer the question of whether the adopted solutions meet the constitutional standard, taking into account the interpretation of the legislation adopted in case law and doctrine. The subject of the study are, among other things, the following solutions: shortening the time limit for the issuance of a ruling by an administrative court, limited cognition of an administrative court, participation in judicial-administrative proceedings only of the authority and the objector, restriction of the possibility of taking part in the proceedings of social organizations, lack of the possibility of filing a cassation complaint against a ruling allowing an objection, linguistic analysis of the provisions in terms of meeting the standard arising from the principle of correct legislation. In addition, the authors make a de lege ferenda postulate not to stop at a mere critical assessment of the adopted legislative solutions.

The Relationship between Private and Public Law Principles in Energy Legislation

The paper examines the problems of the relationship between private law and public law principles in energy legislation. Based on an analysis of the historical development of Russian and foreign energy legislation, it is concluded that, at its core, energy law is private law. The features of the subject and method of energy law are analyzed, and the criteria for identifying the subject of energy law are outlined. In order to determine the essence of energy law, the author proposes a concept of areas of law, which include energy law. The paper examines the features of organizational and regulatory structures (institutions) in energy legislation, which are the most important structural elements of energy law. Examples of the mutual influence of norms and institutions of private and public law in the energy sector are considered, and the specifics of the functions and objectives of contractual regulation in the energy sector are indicated. The key practical problems of the energy sector are identified, the scientific study of which is a priority for legal science in this area.

Exposing Discrepancies in Indonesia's Legislative Processes

This study critically examines the application of Indonesia’s Law Number 12 of 2011, which governs legislative processes with principles aimed at ensuring clarity, justice, and accountability. Utilizing a normative research method, the analysis synthesizes relevant literature and legal documents to explore the practical implementation of these principles. The findings reveal significant discrepancies between the theoretical framework and its practical execution, suggesting that while the law establishes a robust basis for legislation, its effectiveness is hindered by gaps in application. This research underscores the need for policy refinement and offers actionable insights for enhancing the functionality and integrity of legal systems globally.
 Highlights:
 
 Theory vs. Practice Gap: Reveals discrepancies between legislative principles and their real-world application.
 Legal Framework Effectiveness: Discusses how implementation gaps impact legal integrity.
 Policy Improvement Suggestions: Provides recommendations for enhancing legislative processes.
 
 Keywords: Policy Implementation, Legal Integrity, Principles, Concepts, Legislation

SAFETY AND INNOVATION. CONTRADICTIONS IN THE IMPLEMENTATION OF INNOVATIONS

Problem statement. Innovative development of the economy is rightfully considered one of the most important strategic tasks for Ukraine on the path to ensuring national security and the safety of citizens' livelihoods. The current state of affairs in the implementation of innovations indicates that without creating special conditions for innovative activities in the country, we risk transforming from an industrial nation into a raw material and food base for developed countries around the world. This article explores the components of the effect achieved through the application of repair and restoration technologies, which enable the restoration of essential operational characteristics of machinery and equipment without disrupting the technological and production processes. |The purpose of the article. It analyzes the specific reasons behind the low receptiveness to innovations in our country, using the example of implementing such technologies. The article proposes solutions to address the challenges of innovation adoption based on the utilization of hardware control of machinery and equipment's performance, updating the regulatory framework, optimizing the management and remuneration system in enterprises. Conclusion. For the first time, a terminological apparatus of energy-resource service for objects of the technosphere is proposed. The conceptual principles of investment and innovation legislation are proposed for the first time. The essence of domestic innovative 'Technology of Disassembly Engineering of Friction Surfaces' is disclosed. The main contradictions in the implementation of innovative technologies in Ukraine are revealed. Ways to solve problems in the implementation of innovations based on the use of hardware control of the performance of machines and mechanisms, updating the regulatory framework, optimizing the management and payment systems for labor at enterprises are proposed. The suggested solutions can be valuable for strengthening the foundation of national industrial safety and economic independence in Ukraine, as well as for stimulating labor efficiency in the real sector of the economy.