Regulation Of Certain Types Research Articles

Encouraging business entities to engage in socially responsible behaviour: selected instruments

The article analyses certain forms of business support, including grant support at the expense of public funds. In the context of constant instability and uncertainty, businesses are actively seeking alternative financial resources to carry out their activities. One of these external sources is the attraction of funds from the state and local budgets. Such support is especially important for small and medium-sized businesses. In its turn, the State (through public authorities or specialised institutions), by providing financial (grant) support, has the right to require these companies to comply with the rules and fulfil additional obligations in the context of social behaviour. It is noted that the State does not currently make full use of these tools. Given the rather difficult situation of business, the author proposes to introduce a mixed model of corporate social responsibility in Ukraine, where the principle of voluntariness will be ensured (business will independently decide whether and to what extent to adhere to high standards of socially responsible behaviour), the State will create conditions for encouraging business to behave in this way, and on the other hand, the State will carry out stricter regulation of certain types of activities. Based on the results of the study, proposals have been developed to encourage business entities to implement the principles of socially responsible behaviour. It is noted that in grant competitions, the compliance of a potential grantee with high standards of good conduct is important. The author substantiates a change in approaches to the evaluation of project applications of business entities in grant competitions. It is proved that the state, through the grant support system, should give priority and further fund only projects of businesses that implement socially responsible behaviour. It is proposed to tighten the requirements for potential grantees who are to be supported at the expense of state and local budgets. The author emphasises the expediency of introducing a special mechanism for the selection of suppliers and service providers for grant recipients, which will take into account the established integrity policy.

Politik Hukum Pengaturan Retribusi Perizinan Tertentu dalam Hubungan Keuangan Pusat dan Daerah

AbstractThis research aims to determine the dynamics of changes in the regulation of certain types of licensing fees after the enactment of Law Number 1 of 2022 concerning Central and Regional Financial Relations. The results of this research show that first, Law Number 1 of 2022 concerning Central and Regional Financial Relations (UU HKPD) revokes the previous law, namely Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. Second, the HKPD Law regulates levies for Building Approval (PBG), Use of Foreign Workers (PTKA), and Mining Management. Third, the legal politics of changes to certain licensing levy regulations are motivated by several reasons, including: (a) efforts to synchronize the Job Creation Law and the HKPD Law; (b) Academic texts of the Job Creation Law and the HKPD Law which are not comprehensive; (c) policy of simplifying licensing mechanisms and requirements to strengthen the investment climate. The legal policy of issuing the HKPD Law has had juridical implications for regions, such as a reduction in regional autonomy authority because several permits which are the basis for regional levies have been withdrawn by the central government. This makes the authority to impose licensing fees centralized and results in a reduction in the potential for Regional Original Income.Keywords: Licensing Levy, Legal Politics, Central and Regional Financial Relations.

Place of forgery of documents in the system of encroachments on document circulation under the criminal law of Ukraine

The dynamism of criminal legislation, the inconsistency of its provisions with each other and with the provisions of regulatory legislation, present the science of criminal law with the task of systematizing relevant material, classifying normative provisions on the basis of objective criteria, finding gaps and excesses in legal regulation, collisions and unjustified competition, and developing proposals for improvement of the state of legal protection of a certain object against criminal and illegal encroachments. At the same time, it should also be borne in mind that document circulation as an object of criminal law protection has not found its separate reflection in the system of the Special Part of the Criminal Code of Ukraine and is protected by the norms on criminal offenses that encroach on completely different generic objects. This makes it difficult to have a systematic idea of the place of criminal offenses related to forgery of documents in this system. The science of criminal law has in its arsenal deep and thorough studies of both the system of encroachments on the document circulation itself and certain problems of the criminal law regulation of certain types of document forgery. At the same time, the development of social relations, the appearance of specific types of documents, the introduction of changes and additions to the Criminal Code of Ukraine, does not allow to conclude that the problem of determining the place of forgery of documents in the system of encroachments on document circulation under the Criminal Code of Ukraine is finally resolved. The article puts forward and substantiates a hypothesis regarding the system of types of encroachments on the document circulation and determining, on the basis of objective criteria, the place in it of a group of criminal offenses related to forgery of documents. Forgery of documents is a set of criminal offenses aimed at the appearance in objective reality of a false document. In this way, it differs from the illegal handling of real or forged documents, which also interferes with the circulation of documents.

Metabolic Plasticity of a Developing and Aging Brain

Brain plasticity is a fundamental phenomenon based on various types of intercellular interactions (synaptic activity, neuritogenesis, synaptogenesis and elimination of synapses, neuron-glia interactions), development, differentiation, migration of newly-born cells and cell death (neurogenesis/gliogenesis and neuronal or glial cell death, angiogenesis and regression of cerebral microvessels), adaptation of tissue metabolism to changing environmental conditions. In this review, we discuss our own data and available literature in the context of regulation of certain types of energy metabolism (glycolysis, mitochondrial respiration) in neuronal, glial, and endothelial cells, the signaling functions of metabolites in nervous tissue, the mechanisms of establishment of cerebral insulin resistance, pseudohypoxia and associated neuroinflammation in brain pathology, as well as some prospects for detecting novel molecular markers of pathobiochemical processes associated with impaired metabolic plasticity in the developing and aging brain.

Legal regimes of entrepreneurial activity in the securities market and the collective investments market

The article substantiates that entrepreneurial activity in the securities market and in the collective investment market has one special legal regime. The author identifies the general legal means used to regulate all types of professional activity in this area. The combination of licensing with mandatory membership in SRO is a specific approach for regulating entrepreneurial activity in the securities market and collective investments. At the same time, regulation of certain types of activities in these markets has certain features. Investment advisors have a simplified legal regime of activity. Exclusive activity regimes have been established for forex dealers, non-state pension funds and joint-stock investment funds. The necessity to unify the forms, procedure and deadlines for reporting of professional participants of the securities market and professional participants of the collective investment market is justified, due to the common regulatory objectives and similarity of indicators of such reporting. The author makes a proposal to introduce a special term — “professional participant in the collective investment market” to designate management companies, specialized depositories, non-state pension funds and joint-stock investment funds. It is concluded that in the future, the sanctions regime on the securities market and collective investments will cease to be extraordinary.

State as a Subject of Investment Operations

Problem setting. The research is focused on studying specific features of the legal status of the state as a subject of investment operations. The author of the article analyzes the norms of investment legislation reflecting the directions of state participation in investment operations. Analysis of resent researches and publications. Current scientific research mainly focuses on studying problematic aspects of legal regulation of certain types of investment operations. Modern theoretical and legal studies, where the subject matter is legal regulation of investment operations, pay insufficient attention to study specific features of the legal status of subjects of investment operations, in particular, the state’s legal status. Target of research is to study specific features of state’s legal status as a subject of investment operations. Аrticle’s main body. It has been established that the state can acquire different legal statuses in investment relations and can enter into investment relations of different legal nature. The state is one of the key subjects of investment operations, since it acts as: 1) a direct participant of investment operations – an investor or recipient of investment; 2) an entity that carries out state regulation of investment operations by: supporting the implementation of investment projects; administration of state investment projects; provision of preferential conditions for carrying out investment operations; control over the compliance with the loyalty of carrying out investment operations by all participants of investment relations; guaranteeing the rights of subjects of investment operations and as a guarantor in regard to the protection of investment; suspension or termination of investment operations by the decision of the state authority. The main functions of the state within investment operations have been determined – regulatory, security, and incentive. The regulatory function is aimed at regulating investment operations at the level of national and international legislation. The security function is aimed at protecting the rights and interests of subjects of investment operations by providing them with the guarantees under the investment legislation. The incentive function is aimed at establishing benefits and preferences for subjects of investment operations in order to attract investment into certain areas of investment operations. Conclusions and prospects for the development. The specific feature of the state’s legal status within investment operations is reflected through the possibility of entering into investment legal relations as an investor or recipient of investment and a regulator of investment relations and a guarantor for foreign investors. No subject of investment operations is endowed with such a wide range of powers as the state. On the basis of the above, it is worth stating that theoretical and legal approaches to studying the legal status of the state within investment operations have a fragmentary nature. The study of the legal status of the state as a subject of investment operations is a perspective direction for further scientific research.

Expansion of expert activity in the development of Big Data technologies in the context of the fourth industrial revolution

The application of expertise in various spheres of human activity at the present stage of economic development and the forecast of the role and place of a person in expert activity in the context of the fourth industrial revolution are shown. Examples of determining the main actors and the degree of regulation of certain types of expert activity, such as forensic examination, audit, and appraisal activity, are given. Poor ontological and terminological elaboration of examinations in scientific and technical activities and at the level of corporate activities is indicated. With the further development of Big Data technologies, the activity to determine the compliance of events with the criteria and the calculation of all possible risks is assumed by artificial intelligence, and making a decision on the choice of a specific option (expert opinion) and, accordingly, taking responsibility for the consequences will become the key profession of a person of the future. The university, with its experience of working with human potential, becomes the core of the development of expert activity as the future profession of humanity.

PREPARATION OF A NEW LAW ON FORENSIC EXPERT ACTIVITIES: AN INNOVATION REQUIRING AN INTEGRATED APPROACH

The legislation on forensic expert activities is at the stage of reform, which requires a careful, balanced and scientifically based approach. Purpose: the article attempts to analyze the texts of the draft laws on forensic expert activities, which appeared in the period from 2013 to 2020. The comparison is carried out on the basis of several structural elements, starting with the preamble of the law, the legal basis, basic terms, tasks and principles of forensic expert activity, the legal and professional status of a forensic expert and the head of a forensic expert organization, regulation of certain types of forensic examinations and others. Methods: during the study, comparative legal, formal legal and systemic functional methods are used. Results: the analysis makes it possible to formulate conclusions on the structural elements and a general conclusion on the need to apply an expert approach to the creation of provisions of a new law on forensic activities, its discussion and preparation with the participation of the scientific community and practitioners working in this field.

PROGNOSTIC PARAMETERS AND RISKS OF STUDY OVERLOAD IN ADOLESCENT STUDENTS

The paper presents the results of an empirical study on study overload in adolescent students. The theoretical and methodological grounding of the study is given. The objective relevance of the problem of study overload for the modern system of general education is shown. The nature and manifestations of study overload in the educational process were studied through cause-effect relations. Psychodiagnostic data was subjected to mathematical and statistical processing (correlation analysis, multiple regression analysis), classified, summarized, and interpreted. The results obtained in the empirical study allowed us to understand the prognosis and risks of study overload formation on psychological well-being in adolescence. The conclusion is given that study overload is caused not at the expense of the students’ main study load but as a result of attending additional types of educational classes. The results obtained concluded that one in five adolescent students have a significant, often maximum, pronounced excess of study load. Moreover, one in four students experience the presence of moderate study overload. To prevent study overload, we state that one should focus not only on the normative regulation of certain types of educational activities but also on the students’ subjective state. Recommendations of possible directions of preventive work with students on psychological prevention of study overload are outlined.

Current State of the Personnel Management System of the Penal Enforcement System

Introduction: the article analyzes a current state of the personnel management system in the penal enforcement system, which developed after the adoption of the Federal Law No. 197-FZ dated July 19, 2018 “On service in the penal enforcement system of the Russian Federation and on amendments to the law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of deprivation of liberty”. Purpose: to analyze key elements of the system of organizing work with personnel in the penal enforcement system and propose measures to improve it. Methods: the comparative legal method and the theoretical method of formal and dialectical logic were used. The specific sociological method was also applied when collecting and analyzing information received from students taking Higher Academic Courses at the Academy of the Federal Penitentiary Service of Russia. Results: the personnel function is one of the most important elements of penal system performance. Activities of personnel units requires appropriate legal regulation not only in terms of work with personnel of the penal enforcement system, but also internal organizational activities of human resources departments themselves. The most attention is required in the areas, such as recruitment, professional training, service, organization of work with a talent pool, termination of service. Conclusions: it is difficult to determine a legal status of structural subdivisions of the personnel departments in territorial bodies of the penal enforcement system due to the problem of distributing functions among structural subdivisions and legal consolidation of the organization of systems and information flows, as well as regulation of certain types of personnel work. To solve this problem, it is advisable to improve regulations on structural subdivisions of personnel departments and programs for regular training of succession pool members, etc.

Strategic priorities for the development of the agri-food sector of Ukraine's economy

The article proves that the current stage of development of the agro-food sector of the country's economy is characterized by strong positions in world exports of agricultural raw materials and low-processed products (cereals, sunflower oil, etc.) and has import dependence on certain deep-processed products. . It is obvious that this situation does not contribute to food security, but also is an obstacle to increasing the global competitiveness of the studied sector and the country as a whole. It is argued that new risks, threats and opportunities necessitate the substantiation of strategic priorities for the development of the agri-food sector of the country's economy, taking into account current trends of innovation and sustainability. It has been determined that the development of deep processing of livestock products should be a priority in the meat processing industry and the deterrents of its implementation have been identified. Measures to implement this strategic priority are substantiated, namely the commissioning of new facilities for slaughter and deep processing, equipped with high-efficiency energy-saving innovative equipment, setting up the organization of raw material collection (including by-products). It is determined that the priority directions of development of milk supply chains should be: technical re-equipment, modernization and reconstruction of milk production, introduction of resource-saving and environmentally friendly technological lines; construction of new and modernization of functioning milk-receiving cooling and primary milk processing points, creation of small-sized milk processing shops on a cooperative basis; development of deep processing of raw milk and creation of production of such products as casein, whey powder, lactose, whey proteins, etc. The directions of development of deep processing of grain and sugar beets are given, which will promote the diversification of the product range. It is proved that in the current conditions of agri-food sector development the instruments of state regulation of certain types of production should be considered in the complex of support of both agricultural producers and processing enterprises, which will promote synergy for each level of the supply chain. It is argued that the development of agri-food production will be influenced by scientific and technological changes, increasing global challenges, increasing demand for food, slowing productivity growth in the sector and reducing its resource potential, growing urban population and implementing sustainable development principles. take into account in the strategic perspective. It is substantiated that one of the priority areas is the development of the sector of waste processing in agri-food production and food at the stage of consumption is a necessary condition for ensuring sustainability and competitiveness of agri-food production, which will increase added value and create new jobs natural environment, etc. Key words: agri-food sector, strategic priorities, in-depth processing, meat and dairy production, innovation, sustainability.

The relationship between internalizing problems and acute exercise duration in children with attention-deficit/hyperactivity disorder: The role of frontal alpha asymmetry

BackgroundFrontal alpha asymmetry (FAA) has been associated with the regulation of certain types of internalizing psychopathologies, and is affected by acute aerobic exercise (AE). However, no previous studies have examined the association between FAA and internalizing problems or the effects of acute exercise on FAA in children with ADHD. AimsThis study had two objectives. First, it aimed to examine the relationship between FAA and internalizing behaviors in children with ADHD. Second, it sought to investigate the differential effects of acute AE (30 and 50 min) on FAA. MethodParticipants were assigned to one of the following three groups: 50 min of AE, 30 min of AE, and a control group. Resting electroencephalogram (EEG) data were recorded before and after their respective treatments. EEG data from 43 participants were analyzed to investigate the association between pre-test FAA and internalizing problems as assessed by Child Behavior Checklist scores. Additionally, EEG data from 46 participants were analyzed to examine the effects of acute AE on post-test FAA while controlling for pre-test FAA. ResultsPre-test FAA was found to be significantly negatively associated with internalizing problems, with both hemispheres contributing to this association. Regarding the effects of acute exercise, the 50-minute AE group had highest post-test FAA, reflected by the increased relative left-side frontal activity. ConclusionsThese findings suggest that FAA is a biological marker of internalizing symptoms in children with ADHD, and a 50-minute session of AE can effectively modulate FAA.

EEG Cross-Frequency Correlations and Stress Sensitivity

Frontal alpha asymmetry (FAA) has been associated with the regulation of certain types of internalizing psychopathologies, and is affected by acute aerobic exercise (AE). However, no previous studies have examined the association between FAA and internalizing problems or the effects of acute exercise on FAA in children with ADHD.This study had two objectives. First, it aimed to examine the relationship between FAA and internalizing behaviors in children with ADHD. Second, it sought to investigate the differential effects of acute AE (30 and 50 min) on FAA.Participants were assigned to one of the following three groups: 50 min of AE, 30 min of AE, and a control group. Resting electroencephalogram (EEG) data were recorded before and after their respective treatments. EEG data from 43 participants were analyzed to investigate the association between pre-test FAA and internalizing problems as assessed by Child Behavior Checklist scores. Additionally, EEG data from 46 participants were analyzed to examine the effects of acute AE on post-test FAA while controlling for pre-test FAA.Pre-test FAA was found to be significantly negatively associated with internalizing problems, with both hemispheres contributing to this association. Regarding the effects of acute exercise, the 50-minute AE group had highest post-test FAA, reflected by the increased relative left-side frontal activity.These findings suggest that FAA is a biological marker of internalizing symptoms in children with ADHD, and a 50-minute session of AE can effectively modulate FAA.

The main peculiarities of legal adjusting for the use of evidence by the State Border Guard Service of Ukraine in administrative proceedings

The current state of legislative support of administrative proceedings, which is carried out by bodies and officials of the State Border Guard Service of Ukraine (hereinafter – SBGSU) covers almost all aspects without exception, the effectiveness of implementation of the goal of administrative responsibility – irreproducible bringing the guilty person to it. However, there are also certain objective shortcomings associated with the peculiarities of implementation by the SBGSU of its powers in the field of state border protection, as well as the evolution of social relations and technological development, the rate of which is much higher than the development of legislative support. It is about the organizational and legal support of the process of use of evidence and implementation of the very process of proving in cases of administrative proceedings of the State Tax Service of Ukraine. It is noted that more extensive use will be made of electronic means of obtaining information in the case, fixing offenses, databases with information on the legal basis for a person's stay in Ukraine, as well as electronic evidence and means of proof. This is due to the high level of responsibility of the State Tax Service of Ukraine as a body protecting the state border of Ukraine. At the same time, when completing the protocol on an administrative offence, it is necessary to fully and comprehensively determine what means of evidence have been obtained, what kind of evidence and what it proves. Also, such type of evidence as personal explanations and testimonies of officials of the State Tax Service of Ukraine are widely used, especially if the detention of a person takes place outside of control points and checkpoints. Therefore, such testimonies and evidence require detailing in the protocol on administrative proceedings with an indication of the potential or availability of evidence in support of the facts stated. Accordingly, organizational and legal provision of evidence in the considered type of administrative cases requires systematization, which can be achieved by including norms and provisions that regulate relevant aspects in the activities of the State Border Service of Ukraine in the Instruction on registration by officials of the State Border Service of Ukraine of materials on administrative offences, approved by the Order of the MIA of Ukraine from 18/09/2013 № 898. There were disclosed the essence and special nature of evidence in cases of administrative misconduct. It was investigated the peculiarity of the use of certain types of evidence by the bodies of the State Border Guard Service of Ukraine in administrative proceedings. There were determined the peculiarities of organizational and legal regulation of certain types of evidence and methods of proof. It was made a conclusion on increasing the efficiency of proving and using evidence by the State Border Guard Service of Ukraine in administrative proceedings.

Features of the legal status of subjects of Civil Law

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Legal regulation of certain types of maintenance obligations according to the legislation of the Republic of Kazakhstan

В статье рассматривается законодательство, судебная практика Республики Казахстан на предмет реализации своих алиментных прав нетрудоспособными нуждающимися родителями, а также супругой, имеющей от брака несовершеннолетнего ребенка до трех лет.

Legal conflicts in the regulation of certain types Of marriage and family relations in private international law

Legal conflicts in the regulation of certain types Of marriage and family relations in private international law

Эволюция системы гражданско-правовых договоров в законодательстве России (XI — середина XVII в.)

The article is devoted to the study of the evolution of the system of civil contracts. The empirical basis of the study was made up of legislative acts of the XI — first half of the XVII century. Features of regulation of certain types of contracts are revealed, conditions of conclusion and ways of ensuring contracts are considered. The authors concluded that the system of contracts correlated with the socio-economic development of the Russian state and reflected the peculiarities of economic relations.

Legal Basis of Constitutional Law-making in the Commonwealth of Australia

Society’s need for the regulation of certain types of relationships translates into the purpose-driven law-making activity of the authorities. Taking constitutional law-making in a narrow sense, such activity can be defined as a type of legislative procedure. This position is supported by the fact that constitutional norms are introduced, modified and revoked through a special and complicated procedure.

Legal regulation of certain types of social leave in Ukraine and the EU

Legal regulation of certain types of social leave in Ukraine and the EU:this article highlights the basic standards followed and fully supported by the European Union and Ukraine as regards the provision of both maternity and paternity leave, as well as parental leave as a whole notion with its particularities. Moreover, it discloses and explains the important difference between these two notions and provides appropriate European and Ukrainian rules of law. It also contains comparison of the effective laws in labor sphere in Ukraine and existing draft legislation which is currently under consideration in this field by the authorized representatives. The article also considers the most prioritized areas for further amending Ukrainian labor laws and rules to be approved for the support and implementation of these specific laws in this field related to these issues. On a separate note, it gives the bright examples of the relevant experience lived through the European Union member states regarding the term of such leave and ensuring the father’s right to take parental leave alongside the one existing and exercising by mothers. It proves that nowadays the European Union elaborates approaches to work on ensuring a proper balance between responsibilities of people as family members and their career. Based on this, it provides for a gender equality and an equal enjoyment of both mother’s and father’s rights. From what we can currently see in Ukraine, unfortunately, our country nowadays is far from practical implementation of these ideas. However, it should be emphasized that after all our legislation has already stipulated some provisions allowing the fathers to take parental leave (so called paternity leave, as already mentioned). The article also has some considerations concerning other labor guarantees for pregnant women. The presented study allows us to identify areas for improving and facilitating the Ukrainian labor legislation in the nearest future and highlights the best European practices which are definitely useful and helpful in the elaborating and developing a new draft Ukrainian Law "On Labor" to be shortly considered by the parliament.