Proposals For Amendments Research Articles

О необходимости развития криминалистической общественной профилактики в целях организации противодействия киберпреступности на территории Российской Федерации

This article provides a statistical analysis of registered and solved crimes committed by using computer and telecommunications technologies on the territory of the Russian Federation, and offers a definition of cybercrime. Further, the author identifies the types of criminal behavior, in his opinion, related to cybercrime in general. Based on the content of the report of the Secretary-General of the United Nations «Countering the use of information and communication technologies for criminal purposes», the article examines the main problems that accompany the prevention of this category of crimes on the example of 61 reports of UN Member States, prepared as part of the requests of the Secretary-General, on the basis of General Assembly resolution No. 73/187 «Summary of national and international difficulties encountered in combating the use of ITT for criminal purposes». This research examines the current state of criminalistic crime prevention in Russia, provides an analysis of the current state associated with the disclosure and investigation of cybercrimes. The article presents proposals for amendments to the draft federal law «On Cyberdrugs», and suggests the development of a centralized forensic public prevention of cybercrime. Based on the responses to the relevant requests to the most well-known public organizations involved in the prevention of cybercrime, the author analyzes the activities of cyberdrugs on the territory of the Russian Federation. In the resolving part of the article, the author forms reasoned proposals for formatting the activities of Russian cyber-soldiers, in order to increase the effectiveness of their activities.

Foreign experience of legal regulation for separate offenses administrative liability and the possibility of its application in Ukraine

The scientific novelty of the study is that the research is one of the first works that analyzes foreign experience in legal liability for the involvement of a minor in the use of tobacco products, e-cigarettes, liquids used in e-cigarettes, devices for the consumption of tobacco products without their combustion, and uses the developed results to further improve the national legislation governing administrative liability in Ukraine. In accordance with the purpose and objectives of the study, the article uses a set of general theoretical and special scientific methods and techniques of scientific knowledge. Their use is due to a systematic approach, which makes it possible to explore problems in the unity of their social content and legal form. During the work on the article the methods of modeling, forecasting and others were used. The article analyzes the current state of legal regulation of administrative liability for involving a minor in antisocial behavior of such republics as Kazakhstan, Tajikistan, Belarus, Uzbekistan, Latvia. Based on the study, the ways of implementation of foreign experience in Ukraine are outlined, proposals for amendments to the Law of Ukraine "On state regulation of production and circulation of ethyl alcohol, cognac and fruit, alcoholic beverages, tobacco products, liquids used in electronic cigarettes and fuel" and the Code of Ukraine on Administrative Offenses, aimed at regulating the involvement of a minor in the use of tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion, the implementation of which improves administrative legislation are formulated.
 It is emphasized that these illegal actions against minors should entail legal liability. Addressing gaps in the legislation is one of the priority tasks facing administrative scientists.

Ensuring the citizens’ rights as a priority area of police activity in Ukraine (on the example of the information subsystem "CUSTODY RECORDS" functioning)

The current stage of police bodies’ activity to ensure the rights and freedoms of citizens has been described. It is emphasized that, given the current stage of updating approaches to the organization of police bodies and units, it is important to ensure the observance of citizens' rights in police activities, to prevent illegal actions either by both police officers or toward police officers.
 It is established that the main purpose of the information subsystem "CUSTODY RECORDS" is to create conditions for the implementation of internationally recognized standards for the protection of the rights of detainees. On the example of the functioning of the information subsystem "CUSTODY RECORDS" the peculiarities of ensuring the observance of citizens' rights in the activities of police officers, prevention of illegal actions either by both police officers or toward police officers have been analyzed. Features of the information subsystem "CUSTODY RECORDS" have been revealed.
 It is established that the introduction of the information subsystem "CUSTODY RECORDS" has highlighted the need for quality training of police officers responsible for detainees in the police department and respect for human rights. As a result of the description of the process of training human rights inspectors, which consists of three blocks, it has been concluded that during such training the main attention is paid to studying the algorithms of police actions to prevent violations of human rights and freedoms during his stay in the police station. detentions, torture and psychological pressure on police detainees, prevention of suicide and self-harm.
 Proposals for amendments to regulations the provisions of which govern the activities of patrol police, inspectors on duty, investigators, in terms of determining the scope of their powers to work with the information subsystem "CUSTODY RECORDS" are formulated. It is emphasized the importance of enshrining at the legislative level the procedures for data protection contained in the information subsystem "CUSTODY RECORDS", and the introduction of a system of control over the processes of data collection and storage.

Quantificational variability effects with German 'größtenteils' and implicit agents

This paper investigates quantificational variability effects (QVE) with adverbs of quantity, focusing on German grostenteils and the QV-interpretations that arise with arguments of the main verb. I propose that these QV-interpretations are plausibly a result of gr¨ostenteils directly composing with the argument showing QVE. In the first part of the paper, I analyze the syntactic behavior and semantic contribution of gr¨ostenteils and show how the QVE with explicit arguments of the main verb can be captured. In the second part, the proposal is adapted slightly to be compatible with an event-based analysis of verbal meaning, and I show that the amended proposal and Bruening’s (2013) account of short eventive passives suffice to capture QVE with grostenteils and implicit agents. As a consequence, the availability of such QV-interpretations cannot be taken as evidence for the view that implicit agents are syntactically represented (pace Alexiadou and M¨uller 2018; M¨uller 2019).

Methodological bases of the three-link model criminal proceedings (based on materials of the r epublic of Kazakhstan)

In his address to the people of Kazakhstan “Kazakhstan in the New Reality: Time for Action” dated 1 September 2020, the President of the Republic of Kazakhstan K.-Zh. Tokayev charged all branches of the state power to introduce a three-link model of the criminal process with a clear division of powers, based on maintaining a balance in the system of checks and balances, and creating effective filters at each stage. The implementation of this instruction requires the authorized bodies to solve a set of tasks, which, taken together, should create the right conditions for the effective functioning of the system: “police officer – prosecutor – court”. The experience of the countries of the Organization for Economic Cooperation and Development (OECD) is seen as the basis for such a model. The main advantage of such model, as the President of RK K.-J.K. Tokayev states, is to weaken the prosecution and to prevent illegal interference in criminal proceedings. The purpose of the study is to establish methodological foundations for the introduction of the European model of criminal proceedings in the criminal process of Kazakhstan. The idea of the research: the national model of criminal proceedings should be close to the European model, but not be a copy of it.  Scientific Significance of the work: formulation of scientific prerequisites for legitimate adaptation of the Kazakhstani model of criminal proceedings to the European model. Practical significance: formulation of proposals for amendments and additions to the current Criminal Procedure Code of the RK. Methodology of research: a set of methods of logical-legal analysis of law norms, comparativism, dialectical approach to processes of transformation of legal phenomena into legal phenomena. Value of the conducted research: filling of certain gaps in the methodology of research of problems in the sphere of criminal procedural law. The results of the study has a practical orientation and can be used in the law-making activities related to the improvement of norms of the current Criminal Procedure Code of RK. Keywords: three-link model of criminal procedure, methodology, constitutional law, human rights protection in criminal proceedings.

The minimum wage Directive proposal and the promotion of collective bargaining: the voice of SGI-Europe

The contribution presents the points of view of SGI Europe, as one of the cross-sectoral European Employer Social Partners. In particular, it focuses on SGI Europe´s position paper, highlighting some of the crucial points on the Directive linked to collective bargaining promotion and the role of Social Partners. The article also analyses SGI Europe proposals for amendments regarding some of the Directive provisions in the text presented by the Commission.

DETENTION AND HOME ARREST: THEORETICAL AND LEGAL ANALYSIS OF THE APPLICATION

The article presents the results of a comparative legal analysis of the use of preventive measures in the form of detention and home arrest. Both of these measures are forms of isolation from society of suspects, accused persons, and defendants in criminal proceedings. Thus, detention as a preventive measure, as a general rule, is applied by a court decision against a suspect or accused of committing crimes for which the criminal law provides for a penalty of imprisonment for a term of more than three years, if it is impossible to apply another, more lenient, preventive measure. When choosing a preventive measure in the form of detention, the judge's decision must specify the specific, factual circumstances on the basis of which the judge made such a decision. Such circumstances may not be data that has not been verified during the court session, in particular the results of operational search activities, submitted in violation of the requirements of Article 89 of the Code of Criminal Procedure of the Russian Federation. At the same time, house arrest, along with detention, is classified as a preventive measure that restricts freedom. These measures are identical in terms of preventing consequences. However, this circumstance is often not taken into account by the court. This conclusion is supported by statistics showing a low level of use of home arrest. The article examines the evolution of the legal regulation and application of detention and home arrest. The conclusion is made about the historical continuity of both positive and negative experiences. In particular, the use of detention as a means of influence to obtain "necessary evidence", a punitive measure, which does not follow from its essence, is traced. Unfortunately, this practice still exists today, as confirmed by the examples given in the article. The article examines the conceptual aspects of the use of detention and home arrest as an alternative to isolation from society. Proposals for amendments to the criminal procedure legislation aimed at minimizing abuses in the appointment and execution of procedural preventive measures in the form of detention and home arrest are formulated and justified.

Legal principles of public administration for the invention of innovative medicines: European experience

Formulation of the problem. The creation of innovative medicines is the key to increasing the competitiveness of the pharmaceutical sector of Ukraine’s economy. Going through European integration requires bringing Ukrainian legislation, which regulates various sectors of the economy, in line with European legislation. The study of the European experience of legal regulation of medicines development is characterized by relevance. The state of the problem research. Problems of innovative activity in the field of medicines creation are investigated in scientific works of such Ukrainian scientists as V. M. Pashkov, S. V. Glibko, Yu. V. Heorgievsky, O. G. Alekseev, and T. A. Kolyada. European authors who have studied scientific activity problems in pharmacy are Philip A. Hines, Rosanne Janssens, Rosa Gonzalez-Quevedo, Ralf Arno Wess, and Constantinos Ziogas, Ivana Silvia. The purpose of the study is to develop proposals for amendments to Ukrainian legislation governing public administration in the sphere of medicines creation, taking into account the European experience. Presenting main material. State regulation of the creation of innovative medicines in Ukraine and the European Union is carried out in the following areas. The first is the creation and financial support of research institutions that develop innovative medicines. Second, the identification of research that needs public financial support on a competitive basis. Public administration bodies shall establish the procedure for registration of medicinal products or obtaining a trade license for placing a medicinal product on the market. Legislation and bylaws define the conditions for licensing the production of medicines. The differences in the legal regulation of the creation of medicines under Ukrainian and European legislation are as follows. First, in the European Union, licenses for marketing medicines are issued by the European Medicines Agency. At the same time, in Ukraine, the registration of medicines is entrusted to the Ministry of Health of Ukraine. Secondly, in the European Union, licenses for medicines production are issued by the national authorities of the EU member states. At the same time, the issuance of such licenses in Ukraine belongs to the competence of the State Service for Medicines Trafficking and Drug Control. Conclusions and prospects for further research. The implementation of European legislation governing the development of medicines may consist of further amendments to Ukrainian legislation in the field of circulation of medicines. Firstly, to consolidate the medicines registration function to the State Service for Medicines Trafficking and Drug Control of Ukraine. Secondly, to define one of the service’s tasks as providing advice to medicines developers on clinical and preclinical trials and medicines registration. It is also necessary to assess the environmental risk due to the use of a new medicinal product during its registration.

Proposal for Amendment of Creditor Delay

Proposal for Amendment of Creditor Delay

ПИТАННЯ ЗАКРИТТЯ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ ЩОДО ПОМЕРЛОГО ОБВИНУВАЧЕНОГО У СУДОВОМУ ПРОВАДЖЕННІ

Based on the analysis of judicial practice, the paper examines the problem of criminal proceedings’ closing in case of suspect’s or accused’s death, except in cases where the proceedings are necessary for the rehabilitation of the deceased, in preparatory proceedings, trials, appeals and cassation proceedings. The purpose of the paper is to identify the characteristics of interpretation and application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the proceedings of the court of the first instance, appeal and cassation proceedings, to formulate proposals for amendments to the CPC of Ukraine on the closure of the proceedings on this ground. The main results of the research consist of substantiating the need to standardize the appropriate legal procedure for the rehabilitation of the deceased by enshrining it in the CPC of Ukraine; determination of procedural decisions of the court in the preparatory proceedings and the trial in case of person’s death; determination of procedural decisions of the court in appeal proceedings in case of death of a person in respect of whom an acquittal has been passed; determination of procedural court decisions in appeal proceedings in the event of the death of the acquitted. The conclusions and specific proposals of the author are as follows: the application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine is not well-established in judicial practice, which indicates the lack of uniform interpretation of Art. 284, 417, 440 of the CPC of Ukraine, and the need to clarify the provisions of Art. 417, 440 of the CPC of Ukraine. Guided by paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the preparatory proceedings, the court by its decision closes the criminal proceedings unless the proceedings are necessary for the rehabilitation of the deceased; in court proceedings, the court closes the criminal proceedings by its decision, except in cases when the proceedings are necessary for the rehabilitation of the deceased, in case of initiation of rehabilitation, which has not been confirmed - by its decision closes the criminal proceedings. The wording of Art. 417 and 440 of the CPC of Ukraine do not take into account the difference in the grounds for closing the criminal proceedings and are not adapted for such grounds as the death of the accused. Therefore, it is appropriate to remove from these articles the reference to the reversal of the conviction only. However, as in the case of acquittal, the person is rehabilitated, in case of objections of the defence to revoke the acquittal, it cannot be revoked, however, the proceedings should be closed and further review of court decisions is impossible.

Features of legal regulation of the legal capacity of minors and problems of their emancipation

This study investigated and established the specific features of the legal capacity of minors, as well as cases of granting them full civil legal capacity. The purpose of this study was to cover certain features of the implementation and protection of subjective civil rights of minors within their legal capacity, their emancipation and to develop specific proposals for improving the private law regulation of these relations. The study analysed the provisions of the current Ukrainian legislation on the legal regulation of relations on determining the scope of civil legal capacity of minors, as well as the legislative experience of foreign countries, in particular, France, Germany, Great Britain, the United States, etc. The authors of this study concluded that Ukrainian legislation is heterogeneous in nature, as well as that there are different legislative approaches to determining the age of majority of an individual, and to the scope of powers granted to minors. The study examined the foreign experience of legislative provision of minors with the opportunity to dispose of their property in case of their death, as well as the approach of the Ukrainian legislator in terms of governing these legal relations. Based on the analysis of Article 1234 of the Civil Code of Ukraine (hereinafter referred to as “the CCU”), the authors identified specific features of the right to make a will in terms of determining its subjects and concluded on the absence of legislative prohibition of making a will by a minor who has acquired full civil legal capacity in accordance with the procedure established by law. The position of scientists on the need for statutory consolidation of the ability of minors to make a will was supported, but with certain reservations conditioned by the provisions of the current civil legislation; the authors developed specific proposals for amendments to the CCU. It was concluded that a minor receives the status of a fully capable person in two ways – by granting and acquiring. At the same time, the granting of full civil legal capacity is interpreted as the adoption of an appropriate decision by the competent authority (in this case, the guardianship and custodianship authority or the court) provided the availability of grounds stipulated by law. Therewith, the acquisition of full civil legal capacity in the context of Part 2, Article 34 of the CCU is perceived as the result of independent performance of a legal action by a minor (in this case, marriage), which is stipulated by law and entails legal consequences in the form of obtaining full civil legal capacity without additional authorisation from other persons or the state

ЗАБЕЗПЕЧЕННЯ АДМІНІСТРАТИВНОГО ПОЗОВУ: ОСОБЛИВОСТІ ЗАСТОСУВАННЯ ПРИНЦИПУ ОФІЦІЙНОГО З’ЯСУВАННЯ ВСІХ ОБСТАВИН У СПРАВІ

The article clarifies that the specific nature of the administrative proceedings is due to the fact that the parties of the judicial process have unequal initial possibilities. The principle of official establishment of all circumstances in a case, which is special and inherent exclusively to the administrative proceedings, is analyzed. The peculiarities of this principle are identified, manifested in resolving the dispute by the administrative court, where the latter takes an active position, as it is obliged to take legal measures necessary to establish all the circumstances of a case, to invite the parties to provide necessary evidence in order to establish objective truth or to request evidence on its own initiative to render a lawful judicial decision. It is found out that the scope of application of the principle of official establishment of all the circumstances of a case is not limited to the institution of evidence and extends its influence to such an element of the administrative proceedings as securing the claim. It is proved that securing a claim is a separate institution of the administrative proceedings, which is designed to effectively protect the rights, freedoms and interests of individuals, as well as the rights and interests of legal entities in the field of public legal relations by a real and strict execution of a judicial decision. It is revealed that the right of the court to take measures to secure a claim on the application of the litigant or on its own initiative is not absolute, as the legislator established a list of subjects of imperious plenary powers in respect of acts, decisions or actions of which securing the claim is not allowed. It is substantiated that such a position of the legislator does not take into account the requirements of the principle of official establishment of all the circumstances in a case, as in case of obvious illegality of acts, decisions or actions of the above-mentioned subjects of imperious plenary powers, the court will not be able to take measures to secure the claim and implement the objectives of the administrative proceedings. It is proved that the legal regulation of the institution of securing an administrative claim was carried out without taking into account the principle of official establishment of all circumstances of a case. It is confirmed by the available examples of abuses by the judges when deciding on securing an administrative claim. The proposals for amendments to Chapter 10 of the Code of the Administrative Proceedings of Ukraine aimed to ensure the procedural behaviour of the court which will meet the specifics of public legal relations are formulated. It is substantiated that the introduction of appropriate amendments to the Code of the Administrative Proceedings of Ukraine will allow courts to take measures to secure an administrative claim taking into account the principle of official establishment of all the circumstances of a case, which will contribute to the efficiency of the administrative proceedings.

EXCEPTIONS AND LIMITATIONS ON PROPERTY COPYRIGHT ACCORDING TO THE LAWS OF THE UNITED KINGDOM AND UKRAINE: A COMPARATIVE ANALYSIS

The author in the article explores the provisions of «The Copyright, Designs and Patents Act», concerning exceptions to copyright (Copyright Exceptions). The article describes the provisions of the Chapter III of the UK law «Acts Permitted in relation to Copyright Works».It is established that Copyright Exceptions allow the use of works by any person that will not be considered as copyright infringement in compliance with the conditions specified by law. This formulation differs from the norms of national legislation.Articles 21−25 of the Law of Ukraine define the norms on free use of works. In general, works may be used without the permission of the copyright subject and without payment of remuneration for compliance with the conditions specified in these articles of the Law.Unlike national law, UK law provides exceptions where the use of work will not be considered as copyright infringement. This approach is considered the basis of the doctrine of «fair dealing». The doctrine defined by UK law is used to establish in practice in each case legality of actions of the person. A comparison is made between «the free use» and «fair dealing». The difference between these concepts are established. Despite these differences, the doctrines of «fair dealing» and «free use » do not contradict each other. They are similar in terms of defining exceptions to copyright, when the property rights of copyright holders are limited, sothe use of works by any person will not be considered as infringement of this right.The article analyzes main exceptions, provided by the UK Act:1. Exceptions in the interests of persons with visual disabilities.2. Exceptions for educational establishments.3. Exceptions for libraries, archives.4. Exceptions for the purpose of parliamentary and judicial proceedings.5. Exceptions to copyright in computer programs, databases.6. Other exceptions.The author describes in detail Copyright Exceptions that are new to national legislation.Based on the analysis, the author draws conclusions. Unlike the Law of Ukraine, the list of copyright exceptions in the UK Law is expanded.The law of this country takes into account almost all exceptions and limitations to copyright provided by European law. The conditions under which the use of a work by a person will not be considered as copyright infringement are quite detailed.Unlike the law of the United Kingdom, the Law of Ukraine does not currently have such restrictions on property copyrights as «Making of temporary copies», «freedom of panorama», «reproduction of works for the purpose of parliamentary proceedings», «reproduction of works for demonstration or repair of equipment». The current provisions of the Law of Ukraine about the free use of works need to be supplemented. Regulations about the free reproduction of works for study, reproduction of works by libraries, archives need to be clarified. The author in the article analyses the other issue of application of copyright exceptions and provides proposals for amendments to national copyright law.

Credit guarantees in Ukraine’s agriculture: a development mechanism based on international practices

The paper deals with the conceptual approaches to the credit guarantee system as an effective mechanism of state support for agriculture. The importance of introducing a credit guarantee system in Ukraine and creating the Fund for Partial Credit Guarantee in Agriculture, a specialized non-banking financial institution, is emphasized. This will help to overcome obstacles to crediting small and medium agricultural enterprises. The authors have analyzed global credit guarantee schemes. The purpose of this paper is to develop proposals for amendments to the Draft Law «On the Fund for Partial Credit Guarantee in Agriculture», in particular a need to provide legal grounds for non-banking financial institutions, the form of business entities, their mission, criteria for agricultural subjects eligible for partial credit guarantees, financing of the relevant institutions and defining the related management bodies, as well as bodies of state regulation and supervision. The problem statement is attributable to the fact that the effectiveness of institutions providing credit guarantees for small and medium enterprises in agriculture plays an important role in the national economies of most countries. The authors have proposed an approximate financial model of the Fund for Partial Credit Guarantee in Agriculture and made the required economic calculations. Thus, with an initial authorized capital of EUR 10 million, the Fund for Partial Credit Guarantee in Agriculture, with 50% coverage, is able to provide guarantees for the purchase of 25 thousand hectares of arable land by small and medium enterprises at an average cost of EUR 820/ha, taking into account the average normative monetary assessment of agricultural land by regions. Consequently, credit enforcement will allow banking institutions not only to balance credit risk, but also to open access to small and medium agricultural enterprises to bank crediting to the extent necessary for the purchase of agricultural land and investments in production.

Proposal for Amendment to the VAT Act related to the Trust

Proposal for Amendment to the VAT Act related to the Trust

ACTUAL PROBLEMS OF PUBLIC TRANSPORT SECTOR DEVELOPMENT POLICY IN KAZAKHSTAN

The public transport sector in Kazakhstan is the most important industry that requires monitoring, analysis and recommendations from specialists and society, since transport activities require special security measures, as they are accompanied by the threat of various emergencies. At the same time, the analysis of the article in the cities of Kazakhstan is based on previous work on the strategy for the development of sustainable urban transport, as well as proposals for amendments to legislation that facilitate decision-making and improve funding opportunities for improving urban transport infrastructure.

Nová směrnice EU o pitné vodě

A proposal for a complete amendment to Directive 98/83/EC on the quality of water intended for human consumption was approved in February 2020. The new Directive came into force after all official procedures on 16 December 2020.

Assessment on the Government’s Tax Law Amendment Proposal on Virtual Assets and Recommendations for its Improvement

Assessment on the Government’s Tax Law Amendment Proposal on Virtual Assets and Recommendations for its Improvement

СОКРАЩЕННЫЕ СРОКИ АПЕЛЛЯЦИОННОГО ОБЖАЛОВАНИЯ ПРОМЕЖУТОЧНЫХ СУДЕБНЫХ РЕШЕНИЙ, ВЫНЕСЕННЫХ НА ДОСУДЕБНОМ ЭТАПЕ УГОЛОВНОГО СУДОПРОИЗВОДСТВА

The article deals with the problem of classifying interim decisions among those that are appealed in a shortened timeline, and determining the list of such decisions, as well as the closely related problem of determining the rules for calculating such a shortened timeline. Currently, the Criminal Procedure law provides for the possibility of appealing a number of interim decisions made at a pre-trial stage of criminal proceedings before the final decision Moreover, for appealing some interim decisions at a pre-trial stage of criminal proceedings, a general period of appeal is provided - 10 days from the date of the court decision, or the same period from the date of serving with a copy of the decision the person who is in custody, while for others a shortened timeline is 3 days from the date of the decision. Meanwhile, it follows from the literal interpretation of the Criminal Procedure Code of the Russian Federation that within a shortened three-day period, court decisions on the election of preventive measures in the form of a ban on certain actions, bail, house arrest, detention, the refusal to apply them or extend their application can be appealed. At the same time, such a conclusion is not confirmed either in the positions of the Plenum of the Supreme Court of the Russian Federation or in judicial practice. Based on the analysis of the criminal procedure law, the position of the Supreme and Constitutional Courts of the Russian Federation, scientific literature and practice, several problems are highlighted. Thus, the author states the discrepancy between the provisions of the Code of Criminal Procedure of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation when it comes to establishing the terms for appealing the court decision on a preventive measure in the form of bail. In addition, there is no single criterion for establishing shortened deadlines for appealing interim decisions, and there-fore, the list of such decisions requires analysis. In addition, the Criminal Procedure Code of the Russian Federation does not contain a norm that determines the rules for calculating daily terms. The author formulates several proposals for amendments. It is proposed to determine the criteria for a shortened appeal timeline as the restriction of the constitutional right to liberty and immunity of a person that requires the immediate judicial review of the lawfulness of such a decision. It is also necessary to correct the phrasing of Article 106 of the Criminal Procedure Code of the Russian Federation, which defines the procedure for applying a preventive measure in the form of bail, and establish the rule that appeal against such an interim court decision is filed according to the rules of Chapter 45.1 of the Criminal Procedure Code within ten days. The list of court decisions which must be appealed in a shortened timeline must be expanded by a court decision on putting a suspect or an accused into a medical organization providing medical or psychiatric care in hospital settings for forensic examination, as well as the extension of a person’s stay in a medical organization. In addition, the author has analyzed the approaches to the calculation of daily terms and proposes to amend Part 1 of Article 128 of the Criminal Procedure Code of the Russian Federation by establishing a single procedure for calculating daily terms, which does not take into account the day that served as a starting point of the term.

More Fairness in Global Procurement: The European Union’s Future International Procurement Instrument Moves Closer to Reality

The European Parliament is about to be concerned with a proposal for an International Procurement Instrument (IPI). This is part of a legislative process that has been ongoing for almost a decade. Once adopted, the IPI will enable the European Union (EU) to take measures with the aim of reducing measures by states outside the EU. Using the amended proposal by the Council, this text provides the reader with an introduction to the issue and - as far as possible at this time - an outlook towards potential future impacts of the IPI, when it will eventually enter into force.