Code Provisions Research Articles

Pattern of Care for the Bankruptcy Trustee: Is Transplantation to Indonesian Law Possible for SDGs?

Purpose: The centrality of the bankruptcy trustee in bankruptcy cases requires bankruptcy law to maintain and enforce the trustee's standard of care. In the United States, the formulation of this standard at least includes the form of liability, level of violation, and exceptions to the trustee's liability. In Indonesia, this standard does not yet exist, so the legal certainty is still questionable. Indeed, there is general provision in Article 1365 of the Indonesia Civil Code and special provision in Article 72 of the Indonesia Bankruptcy Act 2004, but they are considered ineffective. Efforts are needed to borrow this standard from the United States. The most appropriate way of convergence is to carry out legal transplant. Therefore, this article discusses this standard in the United States, describes the text and legal context in Indonesia, and ultimately reveals transplant with the concept of path dependence. Method: The research conducted is normative legal research, so that discussions are carried out on the legal principles of liability, violations, and exceptions; in addition to discussions on comparative laws that exist in the United States. Given that the focus is only on legal materials (secondary data), the research is purely doctrinal research. With document study all results are collected, which are then subjected to quantitative analysis. Results: Research was conducted on the legal history of bankruptcy, namely the legal system (sources, institutions, and legal procedures) and legal culture (compliance, justice, and dispute resolution). There are indeed similarities in institutions and legal procedures that apply to both countries, although there is differentiation in the sources of law for the application of standard. In addition, there is a fairly high discrepancy between the two countries regarding compliance and justice experienced by the community, in addition to the differences in the main mode of court in the eyes of the community.

Legal regulations and sanctions related to the illegal dumping of waste in Polish environmental law

This paper concerns legal regulations and sanctions regarding the illegal dumping of waste in environmental law in Poland. First, introductory remarks are presented, including an outline of the status of Poland’s implementation of EU instruments through national law. This section of the paper concludes with an overview of the basic legal acts that are applicable in Poland, to illustrate the legal spectrum of this topic (related administrative law norms and certain criminal and civil law rules). Second, considerations regarding permits for the transportation and processing of waste are discussed; this section includes relevant administrative provisions applicable in Poland. Third, legal regulations concerning administrative control are presented; in particular, this section pays special attention to control in the context of issuing permits as well as field inspections independent of this process. Fourth, civil liability is addressed. Fifth, provisions of criminal law are discussed, including penal code provisions, extra code provisions, and provisions related to administrative fines. Finally, the paper concludes with a concise summary.

Analisis Komparatif Hukum Nasional–Hukum Islam Pada Pengangkatan Anak Dalam Putusan No. 438/PDT.P/2023/PA.JU

This research highlights academic problems in the form of child adoption which must comply with Indonesian law, including in Decision no. 438/PDT.P/2023/PA.JU. The aim of the research is to assess the suitability of the decision with the Civil Code and KHI. The research method used is qualitative research, a type of library study. Primary data was obtained from Decision No. 438/PDT.P/2023/PA.JU, Civil Code and Compilation of Islamic Law (KHI) regarding child adoption, while secondary data comes from various supporting literature, including books and journals and the results of scientific research. All data obtained was analyzed causally comparative and causal descriptive in order to achieve research objectives. The research results show that decision no. 438/PDT.P/2023/PA.JU complies with the provisions of KHI, Civil Code, and PP No. 54 of 2007 concerning adoption of children. This is because the decision takes into account the best interests of the child, involves the consent of the biological parents, recommendations from social services and strict verification by the court so that the adoption of the child by the applicant complies with regulations, ensuring that the child's rights are protected and their welfare is guaranteed.

채권양도금지 특약과 채권양도의 제3자에 대한 대항요건에 관한 비교법적 연구

At the time of the enactment of the Korean Civil Code, the provision regarding anti-assignment clauses and perfection of the assignment of claims against third parties were referred to the Japanese Civil Code. However, in 2017, Japan significantly revised Article 466 of its Civil Code, which deals with the anti-assignment clause. The provisions of the Japanese Civil Code regarding perfection of the assignment of claims against third parties were referred to the French Civil Code when Japan enacted its Civil Code in 1896. However, France revised its Civil Code to adopt a written form requirement for the contract of assignment of claims (French Civil Code, Article 1322), and removed the requirement of notification to the debtor for perfection of the assignment of claims against third parties, so that perfection of the assignment against third parties is acquired at the time of the conclusion of the assignment agreement (French Civil Code, Article 1323). The German Civil Code, from the beginning, stipulates that perfection of the assignment against third parties is acquired at the time of the conclusion of the assignment contract, and notification to the debtor is not a requirement. Considering these global revision trends, it is desirable to consider revision of the Korean Civil Code regarding anti-assignment clauses and perfection of the assignment of claims against third parties. As a proposed revision to the Korean Commercial Code, the introduction of a provision specifically dealing with receivables can also be considered. According to this proposal, for non-monetary claims, the assignment of claims would be void if the assignee is aware (or grossly negligent) of the anti-assignment clause, and the assignment would be valid if the assignee is unaware under the Korean Civil Code; and in the case of commercial receivables, the assignment of receivables would be valid regardless of whether the assignee is aware or unaware of the anti-assignment clause, thereby protecting the safety of transactions involving receivables under the proposed Commercial Code revision. An analysis of overseas legislation shows that there are few examples of legislation that stipulate notification to the debtor as a requirement for perfection of the assignment of receivables against third parties. With France’s revision of its Civil Code, the Japanese Civil Code is almost the only example of such legislation. It is time for Korea to consider a revision that liberates the assignor from the obligation to notify the debtor in order to perfect the assignment against third parties. To alleviate the burden of notifying the debtor of the assignment of receivables, it is necessary to revise the Act on Security over Movable Assets and Receivables to include the assignment of receivables within its scope of application.

Theoretical and methodological aspects of tax analysis for the company

Tax committees routinely scrutinize the accrued tax payments, assessing their dynamics through data extracted from tax registers, financial and tax reports. This analysis unveils various reasons for non-payment of tax liabilities and pinpoints factors influencing the formation of the tax base. Adhering to the provisions of the Tax Code of the Republic of Kazakhstan is crucial for accurately determining the tax base for each type of tax. The analytical process unfolds in stages throughout the reporting year, enabling the tracking of tax liabilities’ dynamics, identification of unpaid amounts, monitoring changes in tax policy, and evaluating the impact of tax changes on the overall tax burden. In addition, it should be noted that all the work of analysts is aimed at preventing tax offences. As sources of analysis we recommend using primary accounting data, tax accounting data in the form of tax registers, financial and tax reporting. A tax analysis is necessary in order to answer the question of how much the company pays taxes to the budget. Based on the tax analysis data, each manager independently determines the optimal tax burden and, depending on this, takes measures for tax planning. Based on the results of the tax analysis, it is possible to determine which taxes are repaid on time, and, if necessary, develop specific measures to reduce the tax burden. Given the evolving landscape of the digital economy in Kazakhstan, the relevance of studying tax analysis becomes imperative. The article comprehensively explores the essence, purpose, and objectives of enterprise tax analysis, delves into the information support necessary for tax analysis, and proposes a systematic approach to indicators for effective tax analysis.

İş Sözleşmesinin Taraflardan Birinin Ölümü ile Sona Ermesine Bağlanan Hukuki Sonuçlar Üzerine Genel Bir Değerlendirme

Taraflardan birinin ölümünün iş sözleşmesinin akıbetine etkileri ve buna bağlı olarak ortaya çıkan hukuki sonuçların belirlenmesinde çeşitli hukuki soru ve sorunlarla karşılaşılmaktadır. Kural olarak, işverenin ölümü halinde iş sözleşmesinin varlığını sürdürdüğü, işçinin ölümünde ise sona erdiği kabul edilmektedir. Bununla birlikte, bazı hallerde işverenin ölümü de iş sözleşmesinin kendiliğinden sona erdiren bir sebep teşkil etmektedir. Bu durumda iş sözleşmesi sona eren işçinin haklarının belirlenmesi önem taşımaktadır. İşverenin ölümü açısından ele alınacak hukuki sorunlar; hangi hallerde iş sözleşmesinin kendiliğinden sona ermiş sayılacağı, kendiliğinden sona ermeye bağlı olarak Türk Borçlar Kanunu’nda düzenlenen hakkaniyet tazminatına hangi koşulların varlığı halinde hak kazanılabileceği ve bu tazminatın miktarının belirlenmesinde dikkate alınması gereken esaslar ile iş sözleşmesinin türünün etkisi, ölüm nedeniyle iş sözleşmesi kendiliğinden sona eren işçinin hak sahiplerinin kıdem tazminatına hak kazanıp kazanamayacağı noktalarında toplanmaktadır. İşçinin ölümü bakımından ise, sözleşmenin akıbeti belli olmasına karşılık yasal mirasçıları ile diğer hak sahiplerinin işverenden talep edebileceği çeşitli hakların belirlenmesinde bazı sorunlarla karşılaşılabilmektedir. Çalışmamızda, iş sözleşmesinin taraflardan birinin ölümü ile sona ermesine bağlanan hukuki sonuçların, İş Kanunu kapsamındaki iş ilişkileri ile sınırlı olarak mevzuat, güncel yargı kararları ve İsviçre Hukuku ile karşılaştırmalı olarak ele alınması amaçlanmıştır. Bu çerçevede, Türk Borçlar Kanunu ile mülga 1475 sayılı İş Kanunu’nun yürürlükte olan kıdem tazminatına ilişkin 14. maddesinde yer alan düzenlemeler çerçevesinde, Türk Borçlar Kanunu ile getirilen ölüme bağlı müteakip ücret ödeme yükümlülüğünün hukuki niteliği, kapsamı, hak sahipleri, ödenecek miktar ile benzer alacak ve tazminatlarla ilişkisi değerlendirilecektir.

Special criminal investigation (in absentia): problematic issues of a defence counsel's participation

Based on the analysis of the criminal procedure legislation and generalisation of theoretical developments, the article identifies some peculiarities of legal regulation of the institute of special criminal proceedings (in absentia). The author identifies the categories of cases (types of criminal offences) and procedural grounds which are sufficient to initiate a pre-trial investigation in the form of special criminal proceedings. The need to exclude certain articles from the list of those listed in part 2 of Article 297-1 of the CPC of Ukraine in order to bring them in line with the provisions of the Criminal Code of Ukraine is emphasised. The peculiarities of defence counsel’s participation in special pre-trial investigation and court proceedings are analysed. It is determined that a defence counsel in such cases benefits from all the rights guaranteed to a suspect or an accused person in criminal proceedings. In view of this, and in the context of ensuring such fundamental principles of criminal proceedings as the right to defence, adversarial proceedings, observance of human rights and freedoms, access to justice, etc., the author emphasises the need to amend the current criminal procedure legislation to ensure that the defence counsel can appeal against the investigating judge's decision to conduct a special pre-trial investigation The problematic issues of defence counsel's participation are characterised, and the inadmissibility of his/her formal participation in criminal proceedings is emphasised. It is determined that the active actions to be taken by the defence counsel involved include familiarisation with the case file, choosing the defence position, participation in the trial and examination of evidence, participation in the debates, etc. The author emphasises the need for further research on the development of the practice of active participation of defence counsel in special criminal proceedings.

Inkluzja funkcji ochronnej do relacji niepracowniczej

The author analyzes the inclusion of the protective function of labor law in the sphere of non-employment relationship. The main problem analyzed in the article concerns the issue of the universal nature of the protective function of labor law. According to the author, the subject of the protective function are all entities providing gainful employment, which is an added value in terms of the essence of this protection. This value will apply to all forms of performing work, and thus the rights resulting from the performance of work will be universal. The content of the protective function of labor law may be fulfilled by regulations unjustified in the traditional positioning of an employee within the meaning of the provisions of the Labor Code.

Axial behavior of UHPC columns with new emerging mixtures and varying confinement

Using advanced materials to optimize designs and make structures resilient is becoming of crucial importance. Advanced rapidly growing materials with superior mechanical properties, like ultra-high performance concrete (UHPC), can make structures better in terms of strength and service life when compared to conventional concrete. Behind the excellent performance of UHPC stands its dense packing theory and usage of steel fibers or even carbon nanofibers (CNF) in emerging UHPC mixtures. UHPC is mostly used in small-scale applications like bridge field joints and overlays, but research is extending UHPC to full structural applications such as girders and columns. To expand existing knowledge on UHPC columns and add new results from emerging and recently commercialized UHPC mixtures, this study uses, for the first time, two new UHPC mixtures with white cement and CNF enhancement to investigate axial behavior of nine full-scale columns with varying confinement. An extensive experimental program considers two groups of columns from two different mixtures with several other variables such as transverse reinforcement detailing, cross-section, and percentage of steel fibers. The paper presents results from companion material tests along with a detailed discussion of the global and local behavior of the columns, i.e. force, axial strains, reinforcement strains, and stiffness. Test results are interpreted in light of existing ACI 318 Code provisions and guidance is provided for axial design capacity estimation and transverse reinforcement detailing.

Effect of in-plane damage on the out-of-plane strength of masonry walls with openings

Past earthquakes have shown that masonry walls are vulnerable to fail near the openings. Openings such as doors and windows are an essential part of the structure. The presence of an opening reduces the strength and stiffness of the masonry structures. It also affects the load-resistant mechanism of the masonry walls. The walls are subjected to simultaneous in-plane and out-of-plane forces during seismic events. Therefore, the analysis of the masonry walls either in in-plane or out-of-plane direction may not give a proper picture of the global behavior of the masonry structures. The masonry walls deform primarily in the in-plane direction if the walls are properly tied with each other, and the structure is constructed by following codal provisions. Under this situation, it is necessary to investigate the effect of in-plane damage on the out-of-plane strength of the masonry walls. Few researchers have studied the behavior of solid unreinforced masonry walls under combined loading. However, limited work can be found for masonry walls with openings. Therefore, the present study focuses on the effect of different types of opening layouts on the combined in-plane and out-of-plane behavior of masonry walls incorporating varying pre-compression. Further, in masonry buildings, walls are interconnected, making the masonry walls of various shapes. In this study, masonry walls of rectangular and I shapes have been considered to examine the effect of cross-walls under combined loading. Interaction curves have been developed for the walls subjected to the in-plane loading followed by an out-of-plane pressure. Based on the results, the maximum opening percentage in the masonry walls has been suggested, which is desirable in the case of masonry buildings constructed in high seismic zones.

Державна зрада і диверсія: кримінальна відповідальність в умовах воєнного стану

The article analyzes the changes to the Criminal Code of Ukraine introduced during martial law in connection with russia’s armed aggression against Ukraine. The needs and reasons for changes to the criminal legislation, which provide for harsher punishments compared to peacetime, are substantiated: the change in the social danger of crimes, the need to strengthen prevention, and ensure justice. Proving the extreme relevance, effectiveness and significance of changes to criminal legislation under martial law: relevance (crime under martial law has its own characteristics and requires special countermeasures, changes to criminal legislation take these characteristics into account and are aimed at effectively ensuring public safety), effectiveness (research shows that harsher punishments have a deterrent effect on crime, increasing the severity of punishment for some categories of crimes under martial law has led to a decrease in the number of these crimes), significance (changes to criminal legislation are important for protecting the rights and freedoms of citizens, guaranteeing they demonstrate the state’s intolerance of crime and its determination to protect its citizens in the difficult conditions of martial law). With the introduction of martial law, criminal legislation did not respond to the new situation and was not adapted to it. The current Criminal Code did not contain responsibility for many offenses during the wartime and was unable to respond to new challenges and threats. Therefore, the Verkhovna Rada of Ukraine, taking into account changes in social relations and the need to protect state sovereignty, territorial integrity and fundamental human rights, adopted a number of legal acts aimed at eliminating gaps in criminal law regulation. Certain provisions in the Criminal Code of Ukraine existed since its adoption, but received a new definition and application. Some necessary changes were made to the Criminal Code of Ukraine in March 2022. However, the difficult situation in Ukraine and the work of the Verkhovna Rada as a legislative body have led to difficulties, mostly of a technical nature, that complicate the application of such provisions. When using the amendments, it is important to take into account the time of their entry into force, as well as the fact that certain actions taken under martial law may appear similar to criminal offenses, but in fact are circumstances that exclude illegality (for example, extreme necessity). Individual provisions will be adjusted according to more favorable conditions. As a result of the start of a full-scale invasion of the Russian Federation on February 24, 2022, the lives of Ukrainians and Ukraine suddenly changed forever. The question arose as to what consequences this situation will have for the current Criminal Code of Ukraine, which must adapt to rapid changes and new challenges and threats. In such conditions, many social processes stopped, many accelerated, and new challenges appeared that needed to be responded to. That is why the emphasis has shifted towards the criminal law policy, which is a system-forming element of the state strategy in the field of combating crime and develops strategy and tactics for combating crime with the help of criminal law tools.

Pembagian Hak Waris Berdasarkan Hadis Bukhari Muslim Dan Pasal-Pasal Kuhperdata

This study aims to analyze the division of inheritance rights based on the Hadiths of Bukhari and Muslim and the Articles of the Civil Code; how the division of inheritance rights is viewed in the perspective of the Hadiths of Bukhari and whether it is in accordance with the provisions of the Civil Code. The research method used is document analysis, collecting data from Islamic law and civil law literature and comparing the two. The results show that the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice for heirs, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs. So, the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs, thus indicating a difference in approach in determining inheritance in the context of Islamic law and civil law in Indonesia.

FORENSIC EXAMINATIONS DURING THE INVESTIGATION OF CRIMINAL OFFENSES IN THE FIELD OF LAND USE, SUBSOIL PROTECTION, AND ATMOSPHERIC AIR

The study is devoted to typical forensic examinations during the investigation of criminal offenses in the field of land use, subsoil protection, atmospheric air. Taking into account the provisions of the current Criminal Procedure Code of Ukraine, it is possible to distinguish three procedural forms of the use of special knowledge that can be used in the investigation of criminal offenses against the environment: independent use of special knowledge by the investigator; participation in criminal proceedings of a specialist; examination. It is noted that forensic examination is the most effective means of performing investigative tasks in proceedings on criminal offenses in the field of land use, subsoil protection, atmospheric air, provided strict compliance with the requirements of criminal procedural legislation, regarding the appointment and conduct of this investigative (search) action. It is emphasized that expertise in the mentioned proceedings should be appointed only in the case when there is a real need for it, when without an expert’s answer to certain questions it is impossible to establish the circumstances of a criminal offense. The analysis of the researchers’ theoretical work and the study of investigative and judicial practice materials made it possible to identify the following main types of expertise that are carried out during investigations in the field of land use, subsoil protection, atmospheric air: ecological, forensic chemical, forensic expertise on land management, soil science, construction and technical technical, technological, toxicological, construction-technical, agro-technical, forestry, forensic-medical, medical-sanitary, forensic-veterinary. It was also concluded that during the investigation of the specified illegal acts, other types of forensic examinations may be appointed, including, in particular, engineering and technical, biological, dactyloscopic, handwriting, technical and forensic examination of documents, evaluation and land, forensic and material science examination of oil products, lubricants, fuel and lubricant materials, examination of computer equipment and software products, etc. Arguments are given that depending on the needs of the investigation, the specified types of forensic examinations can be assigned both at the initial and at the next stage of the investigation.

Behaviour and design of cold-formed high-strength steel built-up beams

The adoption of high-strength steel in the construction sector can provide potential advantages, such as supporting large-scale structures with small cross-sectional sizes leading to decreased self-weight and improved space availability. In this paper, detailed numerical investigations are presented to investigate the nonlinear behaviour of cold-formed high-strength steel (HSS) built-up beams subjected to in-plane flexure along with their bending moment capacities, deformed shapes, and moment-curvature curves. Finite element (FE) models incorporating the initial geometric imperfections of cold-formed sections and material nonlinearities were established and validated against the experiments presented in the literature by comparing the moment-curvature curves, deformed shape, and ultimate bending moment capacities. Following validation, the calibrated FE models were utilized to perform extensive parametric studies to generate further numerical data by varying three different parameters: cross-sectional yield strengths (S700, S900 and S1100), geometries (such that the local slenderness, λl values varied from 1.07 to 4.65) and cold-formed steel (CFS) sheet thicknesses (1.0, 1.5, 2.0, and 2.5 mm). The specimens considered in the present study were restrained to inhibit lateral-torsional buckling and demonstrated failure owing to local buckling. The applicability of the design principles for predicting bending capabilities was assessed using numerical data in accordance with direct strength method (DSM) of AISI codal provisions and continuous strength method (CSM). The obtained numerical results demonstrated that the existing standards lack precise design procedures for cold-formed HSS built-up members and additional research is still required to provide accurate design procedures. Therefore, an improved rational extension of DSM of AISI codal provisions and CSM is recommended to predict the ultimate bending moment resistance.

Analyzing the structural and thermal behavior of beam sections filled with steel fiber-reinforced concrete in light-gauge steel

This study explores the use of cutting-edge materials to improve the strength and longevity of concrete constructions, with a particular emphasis on the design and functionality of light gauge steel hollow sections (LGSHS) that are filled with concrete reinforced with steel fibers (SFRC) under flexural stress scenarios. Because of its remarkable fire resistance, SFRC enhances the capabilities of Ordinary Portland cement (OPC). Examining member shape, fire being exposed, both concrete and steel buildings, and structural response, the study examines the mechanical qualities and reaction of LGSHS filled with SFRC. A curved trend in force against the midpoint of the displacement and a continuous 12% rise in maximum load capacity is revealed by a comparative comparison between practical and numerical results, demonstrating the synergy of composite components. Infilling LGSHS with SFRC enhances load-bearing capacity, ductility, and toughness. Characterization techniques such as X-ray diffraction (XRD), Scanning Electron Microscopy (SEM) with energy dispersive X-ray spectroscopy (EDS), and Fourier Transform Infrared Spectroscopy (FTIR) are utilized at temperatures up to 1050 °C. The objective of the investigation is to determine the load-carrying capacity, strain, deformation capacity, ductility, and failure characteristics of specimens at both ambient and elevated temperatures. Experimental and analytical findings are juxtaposed with theoretical values proposed by various code provisions.

Problems of copyright for the products created by artificial intelligence

The article discusses current problems of authorship of intellectual products created by artificial intelligence, as well as the concept and legal personality (quasi-subjectivity) of artificial intelligence. The relevant provisions of the Civil Code of the Russian Federation (Articles 1225, 1228, etc.) and the practice of their application are analyzed using general and specific scientific methods – analysis, synthesis, analogy, formal legal, comparative legal methods, interpretation of legal norms, etc. Based on a study of legal literature and current regulations, the author analyzes the concept of legal personality (quasi-subjectivity) of artificial intelligence. It is shown that copyright for the products created by artificial intelligence has not yet been legally regulated. It is concluded that currently such a product does not fall under the criteria defined by Article 1228 of the Civil Code of the Russian Federation, and is not anyone’s intellectual property; thus, it is not subject to legal protection. For the purposes of legal regulation, the author proposes his own definition of authorship in relation to a product of intellectual creativity. Considering the rapid development of information technologies, the legal personality (quasi-subjectivity) of artificial intelligence needs scientific understanding. In the future, a legal definition of artificial intelligence should be adopted and corresponding copyrights should be regulated.

Design cost minimization of a reinforced concrete column section using overnew swarm-based optimization algorithms

It is very tiresome for a practiser to detect the best feasible sizing design of structural members including reinforced concrete columns that is a highly nonlinear and complicated structural engineering optimization problem. This is due to such a design is practically conducted via conventional trial-and-error computing methods in which resistance to external loads, cost efficiency, and aesthetic factors, etc. have to be considered. This study focuses on minimizing the design cost of primarily proposed reinforced concrete column design problem via three overnew swarm-based optimizers such as Coati Optimization Algorithm, Fox Optimizer and Pelican Optimization Algorithm (POA) that are firstly utilized for this purpose. In this regard, the type of steel rebar distribution, the characteristic strength of the concrete, the height and width of the column section, and the number and diameter of the rebars are treated as discrete design variables of the newly proposed complex reinforced concrete column design cost optimization problem. In solution, the design requirements specified in practice code provisions should also be met. Here, Turkish Building Earthquake Code 2018 specifications are considered as practice structural design constraints. Consequently, the algorithmic performances of three overnew swarm-based metaheuristic optimization algorithms are compared and evaluated in detail. Amongst them, the POA shows most fruitful algorithmic design solution performance.

Flexural and Shear Strengthening of Reinforced-Concrete Beams with Ultra-High-Performance Concrete (UHPC)

Ultra-high-performance concrete (UHPC) is considered to be a promising material for the strengthening of damaged reinforced concrete (RC) members due to its high mechanical strength and low permeability. However, its high material cost, limited code provisions, and scattered material properties limit its wide application. There is a great need to review existing articles and create a database to assist different technical committees for future code provisions on UHPC. This study presents a comprehensive overview focusing on the effect of the UHPC layer on the flexural and shear strengthening of RC beams. From this review, it was evident that (1) different retrofitting configurations have a remarkable effect on the cracking moment compared to the maximum moment in the case of flexural strengthening; (2) the ratios of the shear span and UHPC layer thickness have a notable effect on shear strengthening and the failure mode; and (3) different bonding techniques have insignificant effects on shear strengthening but a positive impact on flexural strengthening. Overall, it can be concluded that three-side strengthening has a higher increment range for flexural (maximum, 81%–120%; cracking, 300%–500%) and shear (maximum, 51%–80%; cracking, 121%–180%) strengthening. From this literature review, an experimental database was established, and different failure modes were identified. Finally, this research highlights current issues with UHPC and recommends some future works.

LEGISLATIVE GAPS IN THE COLLECTION OF ALIMONY FOR MINOR CHILDREN

Protection of the rights and interests of the most vulnerable alimony recipients - minor children, is one of the most socially significant areas of family law regulation. The basic guarantees of the rights and legitimate interests of the child depend on the correctness of the normative fixation of the provisions on alimony and the quality of the mechanisms of its collection. The absence today of legal certainty in a number of provisions of alimony legislation on the forced collection of alimony, confirms the relevance of this study. Objective: to study the peculiarities of modern Russian legal regulation of judicial recovery of alimony for minor children, to identify the problems of legal regulation and to formulate specific proposals to change the legislation. Methodological basis: in the preparation of the research the general scientific dialectical method and special methods were used: system-structural, formal-legal, logical and comparative-legal. Results: the article comprehensively analyzes the shortcomings of legal technique and peculiarities of the current legislation concerning legal regulation in the field of alimony legal relations and forms proposals for their legislative elimination. The author sees that, despite the high prevalence of proceedings of a writ nature in cases of alimony collection, potentially higher efficiency of alimony payment belongs to the voluntary alimony agreement. Conclusions: the current state of legal regulation of the institute of alimony of minors, including the shortcomings of substantive and procedural nature, is characterized by imperfection and inefficiency of a number of normative provisions of the Family Code of the Russian Federation, which in turn may affect the stability and efficiency of court decisions, orders and needs to be reformed.

Current Issues of Payment for Forensic Examinations in Civil Proceedings: Legal and Organizational Aspects

The author examines current issues of payment for forensic examinations in civil proceedings. The author identifies the problem associated with the imperfection of legal regulation of this area is identified. The article highlights the provisions of the Constitutional Court Resolution No. 43-P dated July 20, 2023 in the case of verifying the constitutionality of the provisions of the Civil Procedure Code of the Russian Federation related to the payment of forensic examinations. The article also analyzes the emerging practice of applying this Resolution.