Legislative Provisions Research Articles

Legislative Framework for Decentralized Administration in Addressing River Pollution

effectiveness, particularly concerning water pollution in river areas. This research examines the legislative framework for protecting river basins in Indonesia, focusing on water pollution. Using a normative legal research method with a conceptual approach, the study analyzes the current legislative provisions and their implementation. The findings reveal that while existing environmental protection laws and technical regulations for supervision and sanctions are in place, they have not been fully effective in preventing river pollution across various regions in Indonesia. The research suggests that a new legislative direction is necessary to support the successful implementation of environmental protection, advocating for sustainable and green legislation. It emphasizes the need for stronger administrative sanctions against individuals and corporations responsible for pollution and calls for enhanced oversight from national to local authorities. The study concludes that strengthening decentralized administration is crucial to ensuring that laws and regulations are correctly implemented, thereby addressing the persistent issue of river pollution and promoting long-term environmental sustainability.

Legal Principles of Customs Declaration of Goods in the Course of Foreign Economic Activity

Objective: The research is devoted to the nature and peculiarities of the legal principles of customs declaration of goods in the course of foreign economic activity, taking into account the provisions of customs legislation and scientific research on this issues. Theoretical Framework: This study examines the legal principles underpinning customs declaration as a procedural element of customs law and a socio-economic phenomenon. It integrates principles of legality, efficiency, and transparency, exploring their application in customs regimes and alignment with international standards such as the SAFE Framework of Standards and the Kyoto Convention. Method: The article uses a combination of general and special methods of cognition, in particular, methods of analysis, synthesis, dialectical, formal legal and logical-semantic methods, to achieve its goal and solve its tasks. Results and Discussion: The authors of the article have revealed the essence of customs declaration in the structure of customs business and carry out a comprehensive study of its interrelation with other customs procedures. The characteristic features of the principles of various customs procedures have been highlighted. The essence and peculiarities of implementation of certain principles of customs activities and customs declaration have been analyzed. The directions of formation and implementation of international standards in the customs sphere, taking into account the legal basis of customs declaration and customs in general have been proposed. Contributions: Since customs declaration is a component of customs procedures, it has been proposed to extend a significant part of the principles of regulation of procedures to customs declaration, taking into account its specificity outlined in the proposed definition. It has been indicated that the current customs legislation does not contain a structured approach to the comprehensive reflection of the principles of declaration through its integration into the general process of customs procedures. The existing approaches to differentiation of the principles of customs and its procedures have been supported. The significance of the study for improving the legal regulation of customs declaration and promoting the efficiency of the customs system has been emphasized.

Artificial Intelligence and Digitalisation of Judicial Cooperation : The Main Provisions in Recent EU Legislation

Artificial Intelligence and Digitalisation of Judicial Cooperation : The Main Provisions in Recent EU Legislation

The Role of Social Engineering in the Rehabilitation of Drug Addicts: A Legislative Analysis of Indonesia's Drug Policy Framework

This study examines the role of social engineering in the rehabilitation of drug addicts within Indonesia’s drug policy framework through a normative juridical analysis. The research evaluates legislative provisions, such as those outlined in Law No. 35 of 2009 on Narcotics, focusing on their alignment with social engineering principles and their effectiveness in achieving rehabilitation and reintegration. Findings reveal that while Indonesia's policies incorporate rehabilitative elements, challenges such as limited resources, inconsistent judicial practices, and societal stigma hinder optimal implementation. Comparative insights from countries like Portugal and Switzerland demonstrate the potential of adopting harm reduction and public awareness strategies to enhance outcomes. This study underscores the need for a more integrated, inclusive policy approach to strengthen Indonesia’s rehabilitation framework, reduce stigmatization, and promote sustainable recovery.

Directions for improving the regulatory framework for the use of discretionary powers by law enforcement agencies in administrative legal relations

The article notes that limiting the discretionary powers of law enforcement agencies through the implementation of legislative provisions which would detail and set the limits for the application of these powers is seen as one of the primary tasks for these institutions to comply with the rule of law and is considered to be the main leitmotif of the process of improving the regulatory framework for the use of discretionary powers by law enforcement agencies in administrative legal relations. The emphasis is placed on the fact that recently, in the activities of law enforcement agencies, including administrative law enforcement, there have been such negative trends as concealment of offences, corruption, bribery, and dishonest behaviour of officials. Such a situation, which is the result of sometimes unlimited use of discretionary powers by these entities, creates a huge public outcry, reduces the level of public confidence in the law enforcement system of the State as a whole, and destabilises society, which is especially dangerous in wartime. It is noted that the primary task in the process of solving the described problems and minimising the adverse effects of decisions made by law enforcement officials in the course of administrative discretion is to develop a targeted legislative policy aimed at optimising the limits of discretionary powers by establishing the necessary legal framework for their exercise. It is also emphasised that in order to implement these initiatives, it is necessary to increase the effectiveness of measures to improve the rulemaking technique, i.e., the set of technical and legal means, methods, techniques and methods by which a draft legal act is created. The paper proposes that when developing and adopting new acts, it is mandatory to introduce the most complete and accurate definition of the terms (concepts) used, especially those involving the use of discretionary powers. It is concluded that it is advisable to provide for the level of bodies (officials) which are granted the relevant discretionary powers in the regulations.

К вопросу о криминализации использования оборудования типа SIM-бокс (SIM-банк) в России и за рубежом

The article examines the feasibility of a criminal law assessment regarding the use of SIM box (SIM bank) equipment. The application of such communication devices is currently widespread in the commission of vari-ous crimes, including telephone fraud and knowingly false reports of acts of terrorism. The functional capabili-ties of the aforementioned equipment facilitate the automation of criminal activities and complicate the identifi-cation of individuals receiving communication services, in violation of existing legislation. Consequently, the use of SIM box (SIM bank) equipment exhibits a distinct societal danger, as it undermines the public relations associated with ensuring the normal operation of public communication networks and the provision of commu-nication services. Moreover, in several foreign jurisdictions, including countries of the former socialist legal sys-tem (such as Uzbekistan and Turkmenistan), criminal liability for engaging in activities involving such equip-ment has already been established. Based on an analysis of the distinctive features of this type of equipment, the provisions of legislation from various states, draft normative legal acts, as well as an examination of media reports, the author proposes to supplement Chapter 28 of the Criminal Code of the Russian Federation with a new Article 274.3, which would stipulate criminal liability for engaging in mass telephone calls in violation of existing legislation in the field of communication. In conclusion, tackling the criminalization of SIM box (SIM bank) usage is an urgent requirement in modern legal discussions. This effort is essential for strengthening the integrity of communication networks and protecting public interests in the face of rapidly changing technologi-cal and criminal environments. The study utilized methods including formal-logical analysis and literal interpre-tation.

Legal Problems of Labor and Employment of Minors

The employment of minors is an indicator of the state's social orientation to maintain and harmoniously involve young people in the labor process. However, much in this matter depends on the relevance and the possibility of applying legislative provisions in practice. The purpose of the study is to analyze the current state of legal regulation of labor and employment of minors and identify promising areas for the development of domestic labor legislation in this area. Materials and methods. In the study of the problems of labor and employment of minors, general scientific methods were used – analysis, synthesis, generalization and comparison. The use of the content analysis method made it possible to identify existing approaches to solving the problem of involving young people under 18 in the world of work. The methods of comparison and system analysis made it possible to place emphasis on the issue of further improvement of legislation on labor and employment of minors. The research uses particular scientific methods: comparative legal, formal legal, statistical ones. The analysis of legislative provisions on regulation of the labor law status of a minor employee and the practice of their implementation in the Russian economy is carried out. Results. The problem of labor and employment of adolescents aged 14 to 18 years has always been acute in Russia. There are several reasons: the financial costs of the employer, short term of the employment contract, special requirements for labor protection. A new impetus to solving the problem of youth employment was set in 2021–2022, when minors began to en masse register as self-employed. However, self-employed minors do not have the guarantees and the degree of protection that an employment contract provides them. It is noted that regulation of the labor law status of minors is primarily focused on ensuring an increased level of their social and legal protection in the field of hired labor. Attention is drawn to the shift in the emphasis of the Russian state's policy on the problem of underage employment from a classical solution of this issue to the interest in early career guidance and harmonious involvement of young people in the labor process. Implementation of this state task implies, among other things, the need to update the provisions of legislation on the labor and legal status of minors. Conclusions. Based on the analysis of legislative innovations introduced by Federal Law No. 259-FZ dated June 13, 2023 in the regulation of juvenile labor, a further direction for improving the labor law status of minors has been determined – softening the requirements for minors’ employment in terms of parental consent and medical examination while maintaining the level of their rights guarantee.

ПРАВА, ЗАКОННЫЕ ИНТЕРЕСЫ И ОБЯЗАННОСТИ НЕСОВЕРШЕННОЛЕТНИХ УЧАСТНИКОВ УГОЛОВНОГО СУДОПРОИЗВОДСТВА

Abstract Introduction: this article examines the legal support available to juvenile participants in criminal proceedings. The study is relevant in light of the gaps in the Russian criminal procedure legislation, which do not allow minors to fully protect their rights during criminal proceedings. Literature Review: a review of the literature was conducted, examining the scientific publications of N.V. Anisimova, U.N. Ahmedov, Y.A. Veshkurtseva, N.Y. Litvintseva, O.V. Ponomarenko, E.I. Sidorova, and O.A. Teplyakova. The study also considers the most significant empirical materials in the form of court decisions from various regions of Russia. Materials and Methods: the article's methodological foundation was established through the utilisation of a range of techniques, including formal legal, systemic structural, dialectical and empirical approaches. Results of the study demonstrate that an in-depth examination of the legal regulation of the procedural statuses of minors, including those of suspects, accused persons, victims and witnesses, is a crucial area of focus. The authors of the article have identified a deficiency in the level of data protection afforded to participants in criminal proceedings. It has been established that there is no possibility of involving the relatives of minors as legal representatives or of meeting with legal representatives before conducting an interrogation. Furthermore, the right to legal representation afforded to a minor as a witness or victim does not guarantee their representation. Consequently, the payment for the services of this participant does not relate to procedural costs. Additionally, a number of other expenses incurred by the victim throughout the criminal proceedings are not reimbursed. Some inconsistencies have been identified between the provisions of the criminal procedure legislation. Discussion and Conclusions: it is proposed that the amendments developed for Part 4 of Article 46, Part 4 of Article 47 and Part 4 of Article 92, Part 4 of Article 280 of the Code of Criminal Procedure of the Russian Federation be implemented, as well as that the provisions of paragraph 12 of Article 5 of the Code of Criminal Procedure of the Russian Federation be supplemented. It is anticipated that these measures will enhance the legal protection of minors in general and achieve a more equitable balance between the rights of minor witnesses and victims and those of suspects and accused.

Implementasi Hukum Pidana Bagi Pengedar Obat dan Makanan Illegal Pada Tingkat Penyidikan di Wilayah Hukum Kalimantan Barat (Studi Kasus Balai Besar POM (BBPOM) di Pontianak)

This study is a follow-up study with an expansion of the scope of previous research around the provisions and implementation of binding law enforcement regarding the circulation of illegal Medicines and Food at the investigation level, finding and ensuring authorized institutions in handling the circulation of illegal Medicines and Food in the West Kalimantan jurisdiction review, as well as explaining concrete events, reconditioning, and solutions of the emergence of illegal Medicines and Food circulation in West Kalimantan. This study uses the method of normative-empirical research (applied law research) on the implementation of normative legal provisions (laws) in action on any particular legal events that occur in a society or view the law as a reality, including social reality, the fact of culture and this study is descriptive with the findings of the BBPOM in Pontianak as a Technical Service Unit (UPT) BBPOM in Pontianak has the authority of intelligence and investigation in the field of Medicines and Food Control by the provisions of legislation. BPOM through BBPOM in Pontianak can take steps to prove Forensic Food and Medicines (Forensic Food and Medicine Science) which is a branch of forensic science related to the identification, analysis, and investigation of crimes related to food, beverages, medicines, and supplements when investigating criminal acts of illegal Medicines and Food trafficking. All discussions are based on the regulation (Omnibus Law) Law (Law) Number 17 of 2023 on health repealing Law (Law) Number 36 of 2009 on health.

The Tensions between Ukuthwasa and Labour Laws in South Africa: A Human Rights-Based Approach

This paper appraises the tensions between the cultural practice of ukuthwasa and fundamental human rights in South Africa. This is particularly within the context of modern labour laws and workplace practices. A doctrinal research methodology is employed to analyse the human rights implications of allowing or denying employees the right to engage in the cultural practice of ukuthwasa. This approach enables an analysis and interpretation of relevant legislative provisions, case law and human rights frameworks governing workplace and cultural rights. The study reveals that there are multilayered tensions between the recognition of ukuthwasa and the enforcement of labour laws, which often overlook or conflict with the spiritual and cultural obligations of employees. A critical human rights-based analysis, reveals that the failure to balance cultural rights with workplace obligations can lead to significant human right violations, including unlawful dismissals or infringement of religious and cultural freedoms. This study highlights the need for a more sensitive and inclusive approach to managing cultural practices in corporate environments. Further, this study recommends an approach to addressing cultural rights and fundamental human rights within the workplace environment. Employers should be concientised about the importance of cultural and religious rights, while employees must be aware of their responsibilities within the framework of labour law. Ideally, this will mitigate conflicts or dismissals. This study contributes to the ongoing dialogue on cultural rights and labour law. It also provides insights for employers on managing the delicate balance between cultural practices and legal obligations in the modern workplace. Keywords: Ukuthwasa, human rights, cultural practice, workplace, Constitution.

International organisations and global security: Evaluating decision-making effectiveness amid military risks

The purpose of this publication is a comprehensive study of the legal analysis of the effectiveness of international organisations in ensuring global security, the identification of critical problems, and proposals to improve the effectiveness of their activities, particularly decision-making, taking into account the provisions of national and international legislation under conditions of military risks. The research methodology consists of scientific cognition methods, highlighting specific effective strategies for improving global security. These include the dialectical method within the framework of interconnection of opposites and unities in the study of critical issues of international organisations in ensuring global security under military risks; the system-structural method studying complex systems and their interaction in the context of global security, considering specific political, economic, and social factors; descriptive method for a thorough characterisation of international organisations and their primary areas of activity, considering military risks; modelling development of appropriate models for risk assessment and the development of security strategies. The article's scientific novelty and practical significance lie in the fact that it highlights the cooperation of international organisations with Ukraine for the benefit of global security, analyses individual international organisations, and identifies their critical tasks considering military risks. Significant attention is paid to specific provisions of legal acts regulating the activities of international organisations and legal cases from Ukrainian courts (criminal, civil, and commercial) in which specific provisions of international acts are applied, as well as the use of corresponding norms in Ukrainian legislation.Additionally, specific proposals and mechanisms for the participation of international organisations in preventing and resolving military conflicts are suggested. Based on the research findings, conclusions are drawn regarding the overall assessment of the effectiveness of international organisations in ensuring global security under military risks and the possibilities for further development.

The concept of gender equality and manifestations of gender inequality: international legal aspect

The article describes the concept, essence and elements of “gender equality” and “gender”. Attention is paid to the interpretation of the term “gender” provided by specialized agencies and relevant structures of the United Nations (UN), in particular, the World Health Organization (WHO), the United Nations Population Fund (UNFPA). The attention is focused on the provisions of the national legislation of Ukraine, in particular, the Law of Ukraine on Ensuring Equal Rights and Opportunities for Women and Men. The author characterizes common forms of gender discrimination (sexism, sexual harassment and assault, cyberviolence against women and girls, etc.) It is emphasized that in the science of international law the issue of theoretical definition of the concept of “gender” has not been studied at the doctrinal level. In writing this article, the author applied the systematic method to analyze the genesis and further evolution of gender equality norms; the formal-logical method was used to analyze the legal framework in the field of gender equality; the axiological method was used to characterize the widespread forms of gender discrimination. It is noted that gender equality is a cross­cutting idea of fundamental human rights. The equal right of men and women to enjoy all human rights is one of the fundamental principles recognized by international law and enshrined in the main international human rights treaties. It was councluded that the development of a universal concept of the term “gender” at the international level will contribute to an increase in the level of human rights protection. It is stated that gender inequality is not a women’s problem. Explicit or implicit prejudice, barriers to education and employment, as well as pay gaps, harm communities and hold back economies. Gender mainstreaming ensures higher quality program development and legislative work and greater significance to society, as it allows policy to respond more effectively to the needs of all citizens -women and men, girls and boys.

Registration administrative and jurisdictional activity of the police as a form of control over the circulation of civilian firearms

The article covers the issue of registration activities of the police in the field of arms circulation. An analysis of the concepts «registration», «administrative-jurisdictional activity», «weapons circulation» related to the subject of research was carried out, their content was revealed. An analysis of available scientific research and legislative norms regulating the registration of civilian firearms in Ukraine was carried out. The concept of «registration administrative- jurisdictional activity of the police in the field of control over the circulation of civilian firearms» is defined, the signs and characteristics of such activity are highlighted. It was established that the registration, administrative and jurisdictional activity of the police is an integral part of state control over the circulation of civilian firearms. This activity is aimed at preventing the illegal circulation of weapons, reducing the number of crimes related to their use, and ensuring the safety of citizens. It was determined that in order to ensure the effectiveness of the implementation of registration procedures in the field of arms circulation, it is important to form a theoretical base and legal regulation for the qualitative implementation of such procedures. the procedure for registering weapons, as well as relevant objects owned by legal entities, is fixed in regulatory acts. It was established that the main purposes of registration are accounting and control (collection and storage of information for accounting and control), authentication (confirmation of the existence and legitimacy of objects of registration), provision of legal status (granting the object of registration official legal status). It was established that the current legislation regulates the process of registration (re­registration) of civilian firearms, however, analyzing the legislative provisions, it was found that the very concept of registration (re­registration) is absent in any legislative document regulating the sphere of arms circulation. The author’s own definition of the concept of the registration administrative-jurisdictional activity of the police in the field of control over the circulation of civilian firearms is proposed as a set of legal and practical measures carried out by the police authorities for the purpose of registration (re-registration) of civilian firearms, their components and ammunition in order to ensure the safety of citizens and prevention of illegal arms circulation.

Optimization of Police Authority as Gatekeepers in the Prevention and Eradication of Gambling Crimes

This study explores the optimization of police authority as gatekeepers in preventing and eradicating gambling crimes in Indonesia. Using a normative legal research method, it examines legal frameworks, administrative challenges, and social dynamics affecting law enforcement efforts. A legislative approach reviews relevant legal provisions, while a conceptual approach analyzes the police's role in crime prevention. Findings reveal that limited resources, insufficient community cooperation, rapid technological advancements in online gambling, and complex legal constraints hinder police effectiveness. Key recommendations include enhancing community partnerships, conducting regular police training, fostering inter-agency collaboration, and leveraging information technology to strengthen law enforcement capacity. These measures aim to improve crime prevention and eradication strategies while fostering public trust and promoting legal compliance. The proposed reforms offer a roadmap for developing more effective policing strategies and creating safer communities through proactive and responsive law enforcement practices.

Mandatory COVID-19 Vaccination in the Health Sector: a Comparative Approach Between the Greek and American Examples.

A few months after national vaccination campaigns were initiated around early 2021, the discussion regarding the mandatory vaccination of healthcare workers started gaining ground in most European states and also in the United States. The debate on whether healthcare workers should be required to be vaccinated has been fueled by three main reasons: the high transmissibility rate of the Delta variant, which posed a significant risk to national healthcare systems across Europe and the Americas, as well placing high pressure on intensive care units even in the summer months (a); states' inability to impose general lockdowns and social distancing measures during the 2022 winter due to financial hardship and fears of an ongoing recession (b); and governmental unwillingness to implement restrictive measures, having in mind their populations' tiredness from previous lockdowns (c). This paper will explore the legal and managerial implications of mandatory vaccination among healthcare workers and will argue that it has the capacity to be a successful part of effective national healthcare systems in the search for responsible professionals to staff them. It will argue that national vaccination strategies are dependent on states' national healthcare models. It will show how the major difference in healthcare models of the two states chosen as examples have affected their vaccination policies and their reception by healthcare personnel. Finally, it will prove that the advantages of mandatory vaccination for healthcare personnel outweigh prospected disadvantages, irrespective of ethical, or legal justification is applied. This research will go through the key points of the legislative provisions of the two states (a); it will delve into their legal (b) and managerial implications (c); and finally, it will go through the policy questions which arose (d). It will prove how selective mandatory vaccination policies may be applied to national healthcare systems with foundational differences in their conception. Thus, it will demonstrate that selective mandatory vaccination is a viable option both for models approaching health from a societal perspective, and from the liberal ones.

ЩОДО ВДОСКОНАЛЕННЯ ПРАВОВОЇ РЕГЛАМЕНТАЦІЇ ПРИМУСУ ПЕРСОНАЛОМ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

The article formulates proposals for improving the legal regulation of coercion in the SCES of Ukraine. The need to amend the provisions of national legislation aimed at regulating “extreme” forms of coercion, such as the use of firearms in the penitentiary system, which will ensure full compliance with international human rights standards in the penitentiary system. In particular, it is necessary to make changes and additions: to Art. 106 of the Criminal Procedure Code of Ukraine, which in order to comply with the provisions of Part 1, Clause 64 of the European Penitentiary Rules must be supplemented with provisions on the use of coercion only as a “extreme measure”, to item 7 h. 2 Art. 18 of the Law of Ukraine “On the State Criminal and Executive Service of Ukraine”, which should be supplemented by similar provisions; to the Law of Ukraine “On the State Criminal and Executive Service of Ukraine”, which should be supplemented by a separate section designed to clearly regulate the grounds and procedure for the application of coercion to convicts and detainees, etc. The article also substantiates the need to improve the legal regulation of combating the circulation of prohibited items (things) in pre-trial detention centers and penitentiary institutions, made a proposal to amend the text of Part 2 of Art. 263 of the Criminal Code of Ukraine in order to cover the transfer of cold steel to the penitentiary institution and pre-trial detention center, namely to supplement its text with the term “transfer” and to state it in the wording: “2. Carrying, handing over, making, repairing or selling daggers, ending with knives, brass knuckles or other cold steel weapons without a legal permit.” It is concluded that as a result of amendments to the legislation, one can expect not only an improvement in human rights in the national penitentiary system, but also a stabilization of the operational situation in penitentiary institutions and pre-trial detention centers, increasing the overall effectiveness of combating and preventing prison offenses. Key words: сoercion, legal regulation of coercion, national penitentiary system, the rights of convicted and detained persons, circulation of prohibited items, criminal liability for the transfer of prohibited items, SCES.

Inheritance of real estate under conditions of cohabitation

Purpose. The purpose of the article is to explore the peculiarities of inheritance of real estate under conditions of joint residence, find out the legal consequences of the indissoluble marriage of the testator with a third person for the circle of heirs and determine their shares in the inheritance. The research methodology consists in the analysis of the provisions of the current legislation, the practice of their application and scientific doctrines. The research results revealed that joint residence can significantly affect the circle of heirs and their shares in the inheritance. In particular, the study showed that in the case of the indissoluble marriage of the testator with a third person, this person may have the right to a share in the inheritance, even if it has not been officially recognized heir. This can lead to difficulties in the section of the hereditary property between other heirs. Originality. The scientific novelty lies in a comprehensive analysis of the legal consequences of cohabitation on the inheritance of real estate under the conditions of the indissoluble marriage of the testator, which allows us to better understand the problems of the legal status of such heirs. Practical significance – providing recommendations on taking into account the issues of joint residence in the inheritance of real estate. It is necessary to pay attention to the relationship of formal legal requirements and principles of justice in determining the circle of heirs and the volume of their shares in the inheritance. The study of judicial practice in such hereditary disputes will reveal problematic aspects in the application of current legislation and formulate reasonable proposals for its improvement. The results of the study can be used to improve regulatory regulation in the field of inheritance in order to achieve a balance between compliance with formal requirements and ensuring fairness.

Postponement of Serving a Sentence in Connection with Military Service (Equivalent Service) in Special Periods of Time: Historical Experience, Modern Approach, Problems of Regulation

Introduction. This study is devoted to the problems of regulation and application of special military types of exemption from criminal liability and punishment, currently provided for in Art. 78.1 and 80.2 of the Criminal Code of the Russian Federation. The issues raised in it, taking into account the prevailing modern conditions, are of particular relevance and importance for the doctrine of criminal law. Theoretical Basis. Methods. The theoretical basis of this scientific work is the works of famous Russian scientists on the analyzed topic and related aspects. During the research, both general scientific and private scientific methods of cognition were used, including dialectical, system analysis, synthesis, comparison, interpretation (interpretation of law), historical and legal, etc. Results. Relevant conclusions and suggestions have been formulated. It is stated that the current military legislation and the blank prescriptions of Art. 78.1 and 80.2 of the Criminal Code of the Russian Federation referring to it, regarding the prohibition of admission to military service during the use of military force in peacetime and restrictions on the admission to military service in special periods of time of persons who have committed crimes, and accordingly, “truncation” of the legal grounds for their release from criminal liability and serving a sentence, in connection with military service (equivalent service) in special periods of time, is not correlated with the provisions of constitutional, criminal procedure, military and other sectoral legislation. Discussion and Conclusion. In this regard, it is proposed to take into account historical experience and return to work on the construction of the prescriptions of the criminal law, providing for the grounds and conditions for granting a delay in serving a sentence imposed or not served, in connection with military service (equivalent service) in special periods of time. Based on the above arguments, it is concluded that these regulations will make it possible to more effectively implement the constitutional requirements on the obligation of all citizens to defend their Homeland, respect the rights of released persons and eliminate the contradictions of the criminal law with the prescriptions of other branches of legislation existing in the studied part.

Regarding the issue of the representation of denunciators in criminal proceedings

Purpose: The purpose of this work is to analyze the current legislation regarding the issue of the representation of denunciators in criminal proceedings and to determine the extent of alignment between the legal positions of different normative acts on this matter. Methodology: The methodology involves a comprehensive analysis and synthesis of existing scientific and theoretical material and the formulation of corresponding conclusions and recommendations. The research employed the following methods of scientific cognition: terminological, logical-semantic, functional, systemic-structural, and logical-normative. Results: During the research, it was determined that the denunciator emerged in the national legal field due to changes in anticorruption legislation. Among other changes, the denunciator was granted the right to representation in proceedings, which can be realized by using all forms of legal aid provided by the Law of Ukraine “On Free Legal Aid”, engaging a lawyer independently, and appealing to the National Agency on Corruption Prevention. However, certain provisions of anti-corruption legislation, particularly in the Law of Ukraine “On Prevention of Corruption” regarding the representation of denunciators for the protection of their interests, and certain provisions of the Criminal Procedure Code of Ukraine and other legislative acts regarding the representation of denunciators in criminal proceedings, require coordination and synchronization. Scientific novelty: In the course of the research, it was established that despite the corresponding provisions of the Law of Ukraine “On Prevention of Corruption”, the Criminal Procedure Code of Ukraine does not provide any guidance on the representation of the denunciator’s interests in criminal proceedings, and does not involve a mechanism for the denunciator to utilize free legal aid. The Law of Ukraine “On Free Legal Aid” does not include the denunciator among the entities entitled to free secondary legal assistance. Also, it was determined that the Criminal Procedure Code of Ukraine does not regulate the mandatory presence of representatives of the National Agency on Corruption Prevention at court sessions. It was also found that there is no regulation on the right of the National Agency Corruption Prevention to initiate the review of court decisions in judicial proceedings and the procedure for confirming the representation of the denunciator in criminal proceedings. Practical significance: The research results can be used in law-making and law enforcement activities during a pre-trial investigation of corruption offenses and offenses related to corruption.

Self-Regulation as an Alternative Mechanism of Private Governance and Dispute Resolution in Russia and Kazakhstan

The article seeks to explore self-regulation as an innovative, effective legal mechanism of private governance of any economic or professional activity and dispute resolution, which aims to substitute state regulation and thereby limit state interference in the economy. The research methodology consists of the critical analysis of scholars’ publications, different legislative acts and judicial practice of their enforcement in the Russian Federation and the Republic of Kazakhstan as well as finding legal uncertainties and gaps and making solutions for their settlement in the sphere in question. Special attention is paid to the comparative method. On the examples of the law of these two countries, it is argued that self-regulation as such lays down the freedom of economic activity guaranteed in the constitutional, business and other legislative provisions and stipulates uniting the subjects of economic or professional activity within a self-regulatory organization mainly under the scope of corporate law. It includes (a) setting standards and other rules for pursuing any economic or professional activity by members of a self-regulatory organization; (b) monitoring compliance with such requirements and applying different alternative methods of resolution of legal disputes with the participation of its members. Such corporate normative acts adopted by non-governmental actors are suggested to be recognized as a specific type of source of private law to be clearly enshrined in the present legislation of the Russian Federation and the Republic of Kazakhstan. Unlike recommendatory documents of most non-profit organizations, they are mandatory and can be enforced through legal instruments determined in the special legislation on self-regulation. It allows the proper balance of private and public interests under the joint state and private governance of economic and professional activities. The article also stipulates enlarging the application of self-regulation to digital and other new spheres, which require a lot of rules to be adopted.