Regulation Problem Research Articles

Organizational and legal basis of fighting organized crime in Ukraine: problems of legislative regulation

The article presents the results of the analysis of the state of Ukrainian legislation in the field of combating organized crime. Based on the results of the research, once again, it was established that Ukraine lacks a systematic approach to combating organized crime (inadequate level of cooperation of law enforcement agencies in the relevant field, outdated and unbalanced regulatory and legal provisions on combating organized crime, imperfection of the monitoring procedure criminogenic situation, the lack of a consolidated objective methodology for assessing the threats of organized crime, the use of outdated forms and methods of combating it, not using the full potential of the Interdepartmental Research Center for the Fight against Organized Crime), which leads to the aggravation of problems related to organized crime, and the low level of effectiveness in combating it, which makes it necessary to consider the issue of creating special bodies to combat organized crime. Once again, attention was drawn to the need to divide the fight against organized crime into strategic and tactical levels. It was found that conceptual problems related to the imperfect provisions of the Law of Ukraine “On the Organizational and Legal Basis of Combating Organized Crime” remain unresolved, which do not provide effective tools for law enforcement agencies to combat organized crime.

Legal problems of using artificial intelligence technologies in the context of ensuring national security of Ukraine

This paper is committed to the problems of legal regulation in the field of use of artificial intelligence. The authors pay attention to the points of view regarding the essence of artificial intelligence and its impact on society. It was determined that legal regulation is challenged and needs changes. This situation is characteristic not only for the specific technology of artificial intelligence but also for all emerging technologies. This impact is often unpredictable, so regulation is carried out in a situation of uncertainty. This is a certain terminological convention of the term “intellect” taking into account the nature of technology. In view of the social impact of technologies, the main ideas in the direction of finding problems for legal regulation are determined. The impact of technologies on the nature of challenges and threats in the field of national security is analyzed. Strategic planning documents in the field of national security and implementation of artificial intelligence were considered. An important, albeit promising, impact on the state of threats was established. Use of artificial intelligence technologies can significantly change the nature of the main threats in the field of national security. It is the interests of national security that should be allowed as a priority in the legal regulation of the use of artificial intelligence technologies in public life. It is proposed to determine the existing and potential threats from the use of artificial intelligence in further strategic planning in the sphere of ensuring the national security of Ukraine.

An efficient multi-timescale regulation strategy for distribution networks based on active and passive resources combined

Introducing solar and wind power into distribution networks (DNs) is an important initiative to promote the cleanliness and low-carbonization operation of DNs. However, the source and load outputs are uncertain in DNs, which will lead to problems of inaccurate regulation and insufficient renewable energy utilization. Therefore, this study provides an efficient multi-timescale regulation strategy for DNs based on active and passive resources combined. First, the day-ahead regulation model is constructed to minimize the total operating cost in a day for DNs. It aims to determine the on-load tap changer (OLTC) and capacitor bank (CB) switching schemes and consider them as the constraints for intraday regulation by power flow unification. Then, an intraday source and load uncertainty model is considered, which aims to cope with the problems of inaccuracies in the day-ahead source and load prediction. Based on this, the objective function of the intraday regulation model is set. It aims to minimize the deviation from the total day-ahead cost and then ensure the optimal system economy and determine the intraday new energy and energy storage system (ESS) short-time action scheme. Finally, the example results show that the proposed scheme can achieve the maximum utilization of renewable energy and improve the low-carbon economic operation of the whole system.

Некоторые аспекты правового регулирования труда сотрудников органов внутренних дел в особых условиях службы

The article considers that the peculiarities of the legal regulation of the activities of the internal affairs bodies of the Russian Federation in special conditions, which are of great importance for both the theory and practice of their functioning, and represent not just a recommendation, but a mandatory sphere and side of their functioning. This is an environment in which police officers are required to be ready for effective action under certain circumstances. The author clarifies that the main problems of legal regulation of labor and the improvement of the legal framework in the field of legal regulation of the work of police officers serving in special conditions are carried out using various legislative and subordinate regulatory legal acts.

Problems of legal regulation of MTPL insurance in the Russian Federation

Problems of legal regulation of MTPL insurance in the Russian Federation

Analysis of power system frequency and active power based on wind-storage combined frequency modulation system

Abstract To solve the problem of frequency and active power regulation of power systems, this paper proposes a wind-storage combined frequency modulation strategy. The mathematical models of doubly-fed induction machines, pump turbines, and wind turbines are established. Based on wind power frequency modulation, the doubly-fed variable-speed pumped storage unit is added to establish a combined frequency modulation system, and a simulation model on Simulink to analyze the participation of different parts of the combined system in frequency modulation and the active power output of the unit when the load changes. The simulation results show that when the load increases or decreases, the addition of a doubly-fed variable speed pumped storage unit can effectively improve the frequency modulation performance of the system, reduce the fluctuation numbers and amplitude, and reduce the deviation after stabilization. By changing its active power output, a new balance of the system power can be reached, which is conducive to the secure and steady functioning of the power system.

Legal regulation of the trade secret regime in corporate conflicts

The author examines the features of the legal regulation of the trade secret regime in corporate conflicts between participants of business entities (limited liability companies, joint-stock companies). A study of the legal regulation of the Russian Federation, in terms of the legal regulation of the trade secret regime, has been conducted, and the judicial practice of applying the trade secret regime has been analyzed. Scientific works in the field of legal regulation of the trade secret regime in the Russian Federation, the countries of the Commonwealth of Independent States and the United States of America are also analyzed. As a result of the research, the author highlights a gap in the legal regulation of the trade secret regime in corporate conflicts. The problem is that despite the existence of a system of legal regulation of the trade secret regime, the share of trade secret leaks continues to grow. Previously, no research has been conducted in the field of legal regulation of the trade secret regime in the presence of corporate conflicts. Public relations arising in connection with the application of the commercial secret regime are regulated by the Law on Commercial Secrets, certain issues are explained in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 01/18/2011 No. 144 "On some issues of the practice of arbitration courts considering disputes on the provision of information to participants in business companies", while the share of leaks of commercial secrets is constantly growing. In this regard, it is necessary to identify ways to improve legal regulation in the field of legal regulation of the trade secret regime in corporate conflicts. To investigate the legal regulation of the Russian Federation, judicial practice, scientific work and identify problems of legal regulation of the trade secret regime in corporate conflicts between participants of business entities (limited liability companies, joint-stock companies).

Optimal distributed time-varying formation control for second-order multiagent systems: LQR-based method

The optimal leaderless and leader-following time-varying formation (TVF) control problems for second-order multiagent systems (MASs) are investigated, where two optimal TVF control protocols are proposed to achieve the desired formations as well as minimize the comprehensive optimization function that contain the cooperative performance index and the control energy index. For leaderless case, the optimal formation control problem is reformulated as an infinite-time state regulator problem by employing the state space decomposition method, which is subject to specified constraints on energy and performance indices, and the analytic criterion for optimal TVF achievability is subsequently proposed. Then, the results of optimal leaderless TVF control are extended to the leader-following case with switching topologies, where the main challenge is changed to find the optimal controller rather than the optimal gain matrix, and the optimal value of the comprehensive index is accurately determined. Finally, two simulation cases are proposed to validate the effectiveness of the theoretical results, and comparisons with previous works are presented to expound the optimality of the proposed formation control method.

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.

Global Forum on Migration: a New Stage of State Cooperation on Forced Migration

Introduction. The 1951 Convention relating to the Status of Refugees is the legal basis of the global system of international protection of forced migrants, but it does not cover all contemporary aspects of international legal regulation of forced migration. UN member states cannot agree on the adoption of a new international legal act of universal character that would replace the 1951 Convention, which was adopted more than seven decades ago [13. P. 4-5]. “Migration crisis” of 2015–2016 forced the world community to return to the search for solutions to the problems of international legal regulation of forced migration. First, UN member states adopted the New York Declaration on Refugees and Migrants in 2016. According to Annex I to the Declaration, UNHCR was tasked with developing a new international legal act on forced migration within two years. The UNHCR, as part of its annual report in 2018, presented a draft Global Compact on Refugees, which was adopted by the UN General Assembly. Global Compact on Refugees drafted by UNHCR, although not legally binding, enshrined mechanisms for equitable burden-sharing among states. One such mechanism is the Global Refugee Forum, which is to be held every four years. This article focuses on the first and second Global Refugee Forums and their outcomes, which took place in 2019 and 2023.Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: historical and legal comparative method; method of system-structural analysis; formal logical method.Research Findings. The analysis revealed that the Global Compact on Refugees 2018 is the compromise that UN member states agreed to. It is not legally binding. One of the main problems that continue to the present day is the lack of mechanisms for equitable burden and responsibility sharing among states. The Global Compact enshrined mechanisms for predictable and equitable burden and responsibility sharing among all UN member states. One of these is the Global Refugee Forum.Discussion and Conclusion. In the study, the authors formulated the preconditions for the adoption and analyzed the content of the Global Compact on Refugees 2018, and substantiated the importance of the Compact at the current stage of international legal regulation of forced migration. It is established that this Compact does not completely eliminate the problem of unfair burden sharing. The authors analyze the activities of the first and second Global Forum on Refugees, concluding that the forum has its own mechanisms for summarizing results, analyzing achievements, and biannual meetings of high-level officials are envisaged. The authors conclude that such a mechanism could have a positive impact on improving international legal regulation of forced migration and providing international protection to forced migrants.

Tax control as a tool to curb the shadow economy

Subject. Numerous scientific works in the field of tax administration are devoted to the problems of tax regulation, the imperfections of current tax legislation, as well as the identification of the causes of the functioning of the shadow economy and ways of tax evasion. However, the issues of economic security of the state and tax control in its provision have been little studied today, despite the entry into force in the legal field more than six years ago of the Decree of the President of Russia dated May 13, 2017 No. 208 "On the Strategy of Economic Security of the Russian Federation for the period up to 2030". Thus, the object of the study is tax control, the subject is the effectiveness of on–site tax control as a factor in identifying and suppressing shadow activities in order to ensure the economic security of the country and its public legal entities. Purposes. To summarize approaches to the definition of the term "shadow economy", to distinguish methods for identifying factors of business fragmentation and optimizing the tax burden. Based on the data obtained, we propose an approach to the tax administration process that allows us to quickly respond to "risk signals" in the process of selecting candidates for tax control measures and further conducting tax audits, with a high probability of their effectiveness.Relevance. Tax control is an important regulator of the economic security of the state. The issues of its improvement in order to increase its efficiency and effectiveness have been important at all times. Currently, issues related to the shadow economy are one of the urgent problems affecting the economic development of the country and the functioning of tax systems. Understanding the term "shadow economy" and developing effective counteraction methods are important for tax authorities and society as a whole.Methodology. In the existing conditions of the study, the analysis of the database of tax authorities is carried out (without providing information about taxpayers), the analysis of judicial practice, and methods of logical and statistical analysis are also used. Thus, in the course of the study, the works of foreign and domestic authors were analyzed in order to study the terms "shadow economy" and "business fragmentation". The data of statistical reporting of tax authorities are analyzed, the dynamics of efficiency and effectiveness of on-site tax control are analyzed. The arbitration practice of court cases on the application of business fragmentation schemes by taxpayers has been studied and analyzed, which made it possible to identify a number of distinctive features of business fragmentation from its optimization in order to ensure the sustainable development of organizations (taxpayers) and, based on these indicators, propose a methodology for identifying tax evasion schemes in order to select candidates for on-site tax control.Conclusions. The conducted research allows us to develop the theoretical aspects of such concepts as "shadow economy" and "business fragmentation". Having analyzed the works of domestic and foreign researchers, the author substantiates his definition of the concept of "business fragmentation". The author provides a system of the most significant indicators that can be fully taken as the basis for risk benchmarks signaling the use of fictitious tax optimization schemes by the taxpayer.

Некоторые процессуальные аспекты взыскания судебной неустойки

The article deals with certain issues of the procedure for collecting a court penalty. The procedure for awarding a court penalty in various types of court proceedings is investigated. A comparative analysis of the norms of arbitration and civil procedural law regulating the procedure for collecting a court penalty is carried out. The practice of collecting a court penalty in arbitration courts and courts of general jurisdiction is considered. Attention is focused on the problems of legal regulation, gaps in legislation and inconsistency of application practice.

Обеспечение общественной безопасности в процессе использования беспилотных воздушных судов

The article is devoted to the urgent problem of legal regulation of the use of unmanned aerial systems and unmanned aircraft in the Russian Federation. Based on the analysis of changes in Russian legislation that came out in 2023, an assessment of the main areas of use of unmanned aircraft systems in economic activities is carried out. The author characterizes the powers of the federal executive authorities in the field of ensuring public safety when using unmanned aircraft. The current directions of the legal regulation of unmanned aircraft flights in the Russian Federation are reviewed.

Правовая характеристика и новые аспекты перехода к налогообложению недвижимого имущества организаций по кадастровой стоимости в рамках налога на имущество организаций. Часть 2

The author of the article continues to analyze the problems of legal regulation of Corporate Property Tax related to the transition to taxation of the immovable property of corporations by cadastral value within the framework of this tax, and also examines the circumstances that can complicate the implementation of such a transition.

REGULATION OF LAWMAKING IN THE FIGHT AGAINST CRIME: PROBLEMS AND WAYS TO SOLVE THEM

The author proposes a definition of the concept of lawmaking in the fight against crime as the activity of subjects of development, public discussion, examination, coordination and adoption of draft federal laws related to criminal, criminal procedural, operational investigative, penal, criminological (preventive) legislation. Considers the background and problems of legislative and subordinate regulation of lawmaking in Russia, the reasons and conditions that contributed to the growing attention of the legislative, judicial and executive branches of government to the regulation of criminal lawmaking. Analyzes the draft federal law «On Amendments to Article 8 of the Federal Law “On the Enactment of the Criminal Code of the Russian Federation”», prepared on the basis of the conclusions of the interdepartmental working group formed by the Ministry of Justice of Russia in March 2023 to prepare proposals for the draft concept of criminal legal policy Russian Federation. Justifies the need to abandon the idea of consolidating special rules of criminal law legislation in the Introductory Law to the Criminal Code of the Russian Federation in favor of resuming work on the draft federal law “On normative legal acts in the Russian Federation” (Law on Laws).

Utility of a virtual small group cognitive behaviour program for autistic children during the pandemic: evidence from a community-based implementation study

BackgroundAutistic children often experience socioemotional difficulties relating to emotion regulation and mental health problems. Supports for autistic children involve the use of adapted interventions that target emotion regulation and social skills, alongside mental health symptoms. The Secret Agent Society Small Group (SAS: SG), an adapted cognitive behavioural program, has demonstrated efficacy through lab-delivered randomized control trials. However, research is still needed on its effectiveness when delivered by publicly funded, community-based autism providers under real-world ecologically valid conditions, especially within the context of a pandemic. The COVID-19 pandemic has disrupted access to community-based supports and services for autistic children, and programs have adapted their services to online platforms. However, questions remain about the feasibility and clinical utility of evidence-based interventions and services delivered virtually in community-based settings.MethodsThe 9-week SAS: SG program was delivered virtually by seven community-based autism service providers during 2020–2021. The program included the use of computer-based games, role-playing tasks, and home missions. Caregivers completed surveys at three timepoints: pre-, post-intervention, and after a 3-month follow-up session. Surveys assessed caregivers’ perception of the program’s acceptability and level of satisfaction, as well as their child’s social and emotional regulation skills and related mental health challenges.ResultsA total of 77 caregivers (94% gender identity females; Mean = 42.1 years, SD = 6.5 years) and their children (79% gender identity males; Mean = 9.9 years, SD = 1.3 years) completed the SAS: SG program. Caregivers agreed that the program was acceptable (95%) and were highly satisfied (90%). Caregivers reported significant reduction in their child’s emotion reactivity from pre- to post-intervention (-1.78 (95% CI, -3.20 to -0.29), p = 0.01, d = 0.36), that continued to decrease after the 3-month booster session (-1.75 (95% CI, -3.34 to -0.16), p = 0.02, d = 0.33). Similarly, improvements in anxiety symptoms were observed (3.05 (95% CI, 0.72 to 5.36), p = 0.006, d = 0.39).ConclusionsAs online delivery of interventions for autistic children remains popular past the pandemic, our findings shed light on future considerations for community-based services, including therapists and agency leaders, on how best to tailor and optimally deliver virtually based programming.Trial registrationThis study has been registered with ISRCTN Registry (ISRCTN98068608) on 15/09/2023. The study was retroactively registered.

PARTICULARS OF PURCHASING MEMORIES CULTURAL HERITAGE

Introduction. An extremely important role in the formation of Ukraine as an independent European state is played by raising the level of cultural self-awareness of its citizens, and a separate link in this process is occupied by the proper legislative regulation of the exercise of ownership of cultural heritage sites. The analysis of legal acts regulating the legal status and circulation of monuments of cultural heritage shows a certain fragmentation, inconsistency and the presence of conflicts. To date, the problem of legal regulation of certain aspects of the termination of the right to ownership of cultural heritage sites is quite relevant also in the doctrinal aspect. The insufficient number of individual special studies of cultural heritage monuments as objects of property rights in civil science indicates a correlative relationship with the corresponding legislative uncertainty and at the same time emphasizes the urgent practical significance of such theoretical studies. The purpose of the research is to find out the peculiarities of the purchase of monuments of cultural heritage. Summary of the main results of the study. Since the legislator uses the term «owner» in the relevant article of the Central Committee, and the Law of Ukraine «On the Protection of Cultural Heritage» also does not contain a direct reference to the right of private ownership, but, on the contrary, indicates that monuments can be in state, communal and private property, it was concluded that forced redemption is possible not only of monuments that are under private ownership. Attention is focused on the fact that a lawsuit can be filed only against the owner of a cultural heritage site, not its owner or user, and the need to prove a cause-and-effect relationship between the actions or inaction of the owner of a cultural heritage site and its damage is indicated or destruction. In turn, the body for the protection of cultural heritage must argue and justify the existence of an urgent need for which a claim for the redemption of a cultural heritage monument is filed without warning its owner. Conclusion. Today, there is some uncertainty in the legal regulation of relations, the object of which are cultural heritage monuments. The analysis of the main aspects of the specified grounds for the termination of the right of ownership allows us to assert the presence of «interpenetration» of the norms of private and public law, since the dispositive method of legal regulation inherent in civil law concerns only certain aspects of the circulation of monuments of cultural heritage, for example, the grounds for acquiring the right to own them. Instead, the imperatives of public law to a greater extent apply to legal relations, the object of which are monuments of cultural heritage, in particular, when it comes to their redemption - the very coercive nature of such redemption, determination of the redemption price by a court decision if the parties do not reach an agreement, etc.

Processing by the employer of information about a job seeker: problems of legal regulation

The purpose of this work is to analyze the legal regulation of the relationship between a job seeker and an employer in providing information in connection with checking a candidate for compliance with the advertised vacancy. It has been established that the legal regulation of these relations is not complete, does not take into account a number of issues that arise in practice, and therefore there is a widespread violation of the rights of job seekers to privacy, protection of personal information, the disclosure of which by the employer is the cause of discrimination against job seekers for various reasons . It is concluded that obtaining personal information about a job seeker for purposes contrary to the law, including with the written consent of the job seeker, is illegal. Possession of information about the personal life of an applicant allows employers to refuse to conclude an employment contract on discriminatory grounds, legally formalizing the refusal correctly.

Проблемы признания правосубъектности искусственного интеллекта и ответственности за принятые решения в трудовых отношениях

The paper outlines the ways of solving the formed and foreseeable problems in the legal regulation of labour relations using artificial intelligence. It is concluded that artificial intelligence cannot have legal personality in labour relations. It is proposed to fix in labour legislation the presumption of employer's responsibility for the decisions made by artificial intelligence, as well as to oblige employers and software developers to certify the protocols of digital security of software operating on the basis of artificial intelligence technologies.

Data-driven estimation of the algebraic Riccati equation for the discrete-time inverse linear quadratic regulator problem

In this paper, we propose a method for estimating the algebraic Riccati equation (ARE) with respect to an unknown discrete-time system from the system state and input observation. The inverse optimal control (IOC) problem asks, “What objective function is optimized by a given control system?” The inverse linear quadratic regulator (ILQR) problem is an IOC problem that assumes a linear system and quadratic objective function. The ILQR problem can be solved by solving a linear matrix inequality that contains the ARE. However, the system model is required to obtain the ARE, and it is often unknown in fields in which the IOC problem occurs, for example, biological system analysis. Our method directly estimates the ARE from the observation data without identifying the system. This feature enables us to economize the observation data using prior information about the objective function. We provide a data condition that is sufficient for our method to estimate the ARE. We conducted a numerical experiment to demonstrate that our method can estimate the ARE with less data than system identification if the prior information is sufficient.