Regulatory Act Research Articles

Legislative regulation of relations social dialogue

The article analyses the Laws of Ukraine in the field of social dialogue relations and explores ways to harmonize and/or improve their provisions, which would enhance the guarantees of interaction and mutual understanding between the parties involved in such dialogue. The main provisions regarding social dialogue, particularly those concerning the resolution of collective labour disputes and labour mediation, should be enshrined in the fundamental regulatory act in the field of labour relations - the Labour Code of Ukraine (or a codified act that may replace it). The article provides a characterization of the Laws of Ukraine that are interconnected with the Law of Ukraine «On Social Dialogue in Ukraine» on issues concerning the subjects of such legal relations, including those that define the participation of executive authorities and local self-government bodies in social dialogue relations, as well as relevant draft laws. It also presents the provisions of the Law of Ukraine «On Trade Unions, Their Rights and Guarantees of Activity» that require harmonization with the fundamental regulatory act on social dialogue, as they limit its scope concerning the participation of trade unions/ their associations in social dialogue relations. It is proposed to address the identified inconsistencies by aligning them with the fundamental legislation on social dialogue. Attention is drawn to the contentious status of local self-government bodies as subjects of social dialogue due to the combination of partnership and accountability. It is noted that the Law of Ukraine «On the Procedure for Resolving Collective Labour Disputes» regulates the stages of resolving collective labour disputes, one of which is conciliation procedures. This procedure corresponds to the forms of social dialogue defined in the Law of Ukraine «On Social Dialogue in Ukraine». Therefore, there is a need to substantively synchronize the legislative rules of conciliation procedures during the resolution of collective labour disputes with the norms of legislation on social dialogue. Arguments are presented that labour mediation is one form of social dialogue: 1) it involves the interaction of parties in an out-of-court, structured procedure aimed at preventing conflicts, conducted through negotiations; 2) the scope of the Law of Ukraine «On Mediation» includes relations related to conducting mediation to prevent potential conflicts (disputes) or to resolve any existing conflicts (disputes), including labour disputes. It is concluded that the Law of Ukraine «On Social Dialogue in Ukraine» should be harmonized with the Law of Ukraine «On Mediation» regarding the definition of forms of social dialogue.

Legal regulation of Fintech in the Kingdom of Belgium

Fintech technologies have achieved great success in expanding access to payment services in some countries of the world. They are used by major digital platforms to fill gaps in the traditional payment system. More and more companies around the world are embracing Fintech and moving to the latest technologies that can lead to significant efficiency gains in the financial sector, including payments, financing, investments, asset management and insurance. However, they can also pose risks to the stability and integrity of the financial system, especially when they operate outside the scope of financial regulation and supervision. Every country in the world is unique, each country has its own legislation and its own approach to legal regulation of Fintech. Currently, there is no single legal act in the world that would regulate Fintech in absolutely all countries. Just as there is no single tax code in the world, there cannot be a single regulatory act regulating Fintech, because each country has its own legislation, traditions, culture, etc., so the approach to Fintech in each country is individual. The article analyzes the experience of legal regulation of the Fintech market in the European Union and examines in depth the experience of the Kingdom of Belgium. The Fintech legal regulation of the Kingdom of Belgium is based on EU directives, regulations, resolutions and other legal acts, which are the basis of Belgian law. Belgian fintech legislation is adapted to the norms of the European Union and defines the “rules of the game” for Fintech services in Belgium, allowing Belgian authorities to carry out financial regulation, supervision, control over Fintech platforms for their compliance with relevant laws, regulations, standards, which enable government agencies to fight cybercrime, money laundering, bring perpetrators to justice, and provide Fintech platforms with corporate transparency, integrity, and consumers with protection from cybercrime, fraud, and other crimes.

ПРОБЛЕМНЫЕ ВОПРОСЫ, СВЯЗАННЫЕ С ПОРЯДКОМ ПРОВЕДЕНИЯ И ОФОРМЛЕНИЯ РЕЗУЛЬТАТОВ ГЛАСНОГО ОБСЛЕДОВАНИЯ ПОМЕЩЕНИЙ, ЗДАНИЙ, СООРУЖЕНИЙ, УЧАСТКОВ МЕСТНОСТИ И ТРАНСПОРТНЫХ СРЕДСТВ

The article examines problematic issues related to the procedure for conducting and processing the results of a public operational search event «inspection of premises, buildings, structures, terrain and vehicles». The author draws attention to the need for legal regulation of the public inspection of residential premises due to the restriction of a number of constitutional rights of citizens during its conduct. The article argues the expediency of preparing a protocol based on the results of a public survey, regardless of the fact of the seizure of objects and documents, and also proves the importance of the participation of representatives of the public (disinterested persons) throughout the event, and not only in the case of the seizure of objects and documents of operational interest. The author of the article proposes amendments to the departmental regulatory act regulating the procedure for conducting a public examination, regarding the procedure for conducting and pro-cessing the results of the operational search event under consideration

Regulatory act of the state administration as the subject of a public legal dispute (publication and state registration)

Regulatory act of the state administration as the subject of a public legal dispute (publication and state registration)

Areas of modernization of the system of training and certification of forensic experts in Ukraine based on the adaptation of foreign experience

Abstract The article is devoted to the study of the existing system of training and certification of forensic experts in Ukraine and to the provision of proposals for its modernization, taking into account the positive experience in the field of forensic science of the USA, Great Britain and some countries of the European Union. In Ukraine, the procedure for the training and certification of forensic experts is determined by ministries and other central executive authorities, which manage state specialized institutions that carry out forensic activities. A study of foreign experience in the training and certification of forensic experts made it possible to identify general and specific elements, sustain the benefits of the implemented measures, and formulate priorities and guidelines. The research resulted in the justification of the need to develop a single regulatory act that would determine the procedure for training, internships and certification of forensic experts, as well as the creation of a single qualification body that would help ensure uniform approaches to determining the qualification of forensic experts working in state specialized forensic institutions, their territorial branches, expert institutions of municipal ownership, and forensic experts who are not employees of these institutions. It is proved that the development and implementation of uniform standards for training forensic experts on the basis of a centralized approach, regardless of where these specialists will work in the future, will help address the problem of training personnel. The author concludes that improving the quality of training, internship and certification of forensic experts requires new approaches to organizational, economic, teaching, methodological and technical provision. The author substantiates the need for fundamentally new forms of activity which will ensure the effectiveness and transparency of the assessment of knowledge by means of modern information technologies in the current reform environment. It is stated that Ukraine should raise the criteria for admission to the profession of a forensic expert. The author specifies the issues that need to be enshrined in law.

On the Constitutional Law Definition of Supervision Exercised by Prosecution Authorities of the Russian Federation and Its Reflection in Regulatory Acts

On the Constitutional Law Definition of Supervision Exercised by Prosecution Authorities of the Russian Federation and Its Reflection in Regulatory Acts

Enforcement of alternative measures to detention in EU countries: The Italian situation

Enforcement of alternative measures to detention in EU countries: The Italian situation

가상자산의 物件性 여부 및 물권법 법리에의 포섭 가능성에 관한 논의

Whether virtual assets can be regarded as a ‘thing’ or ‘property has been widely discussed, because it can be a prerequisite to whether legal theories in property law and in bankruptcy law would be applied to virtual assets. Although financial regulatory Acts on virtual asset law are being legislated around the world, few countries have legislated how virtual assets will be understood in civil law. In this situation, Liechtenstein has in 2019 and Switzerland has in 2021 partially regulated civil legal issues of virtual assets in their Acts and UNIDROIT adopted its principles on digital assets in 2023. Liechtenstein’s TVTG(Token- und VT-Dienstleister-Gesetz) does not recognize virtual assets (tokens) as a thing, but restricts the concept and legal effects of tokens only within the Act. The Act distinguishes between de facto powers of disposition and justified right of disposition, but a person who has de facto power over a VT-key is considered to have legitimate right over the tokens associated with that key. In addition the disposal of tokens does not depend on the existence of a legal title (principle of abstraction), while the so-called causality principle prevails in Liechtenstein property law. If a token is disposed of without a legal title or if an initially existing legal title later ceases to exist, the legal transaction must be rescinded ex-nunc in accordance with the law of unjust enrichment. Considering the characteristics that the VT-system fulfills the registration function and has a high level of reliability, the possibility of acquisition in good faith is recognized. A significant part on civil legal issues in the DLT(Distributed Ledger Technologie) Act of Switzerland relates to ‘register uncertificated security’ (Registerwertrecht) which dematerializes securities using distributed ledger technology. The Swiss legislators additionally reviewed whether cryptocurrency could be considered a thing and concluded that it is unreasonable to extend the concept of natural forces to cryptocurrencies such as Bitcoin and that legal status on the blockchain can be claimed only to the participants in the blockchain system. Considering that cryptocurrency is not recognized as movable property, it is recognized as a type of intangible property. However, the Act recognized the right to separation for crypto-assets in general. This provision is enacted because it was practically necessary to determine whether crypto-assets belong to the bankruptcy estate when the wallet provider goes bankrupt. The DLT Act does not recognize general crypto-assets as a thing, but the right to separation of crypto-assets is recognized under certain conditions. The UNIDROIT Principles treat digital assets as being susceptible to being the subject of proprietary rights, without addressing whether they are considered ‘property’ under the other law of a State. The Principles don’t prescribe the specific requirements for a valid right of ownership in a digital asset or for it’s valid transfer. Instead, the principles provide a detailed definition of control, which assumes a role that is a functional equivalent to that of ‘possession’ of movables. However, ‘possession’ in this context is a purely factual matter and not a legal concept. But the concept of control serves as a necessary requirement for qualifying for protection as an innocent acquirer of a digital asset and as a method of third-party effectiveness and a basis of priority of security rights in a digital asset. It should be noted that a security right in a digital asset that is made effective against third parties by control has priority over a security right in the digital asset that is made effective against third parties only by a method other than control. A proprietary right in the digital asset remains effective on insolvency, but difficulties are expected if the insolvent person might refuse to reveal the password. In conclusion considering the char

Современные способы нарушения неприкосновенности частной жизни

Introduction. The article is devoted to the study of the methods of committing crimes provided for inArticle 137 of the Penal Code of the Russian Federation. Special attention is paid to the influence of information technology on the formation of individual criminal behavior: the choice of ways to commit crimes that violate privacy (in 2020-2021, 87% of cases are accounted for by information technology). A significant factor in the analysis of crimes violating privacy is the change in the statistical accounting of the methods of committing crimes: since 2022, the forms of federal statistical observation reflect the methods of committing crimes in the field of information and telecommunications technologies provided for in Part 3 of Article 137 of the Penal Code of the Russian Federation. Methods: The research methodology consists of general scientific methods of cognition of social processes, in particular, the socio-legal phenomenon of crime (analysis, synthesis, deduction, induction, system-structural method, measurement, description, abstraction), as well as private scientific methods - document analysis, statistical methods. As an empirical base, separate forms of statistical observationof theFederal State Institution “Main Information and Analysis Center of the Ministry of Internal Affairs of the Russian Federation”,information from the Internet resource “Judicial and Regulatory Acts of the Russian Federation”, as well as information from other online publications were used. Results: In this article, individual ways of violating privacy are selected as the subject of study due to their significant diversity. In particular, the following methods of committing crimes, confirmed by statistical data, were considered: the Internet, social networks, computer equipment, instant messaging tools, mobile communication tools, software tools.

Improving normative drafting techniques in the field of state regulatory policy in the context of enhancing the effectiveness of the legal regime stimulating economic activities

It is argued that the future model of legal regulation of economic relations using a complex of stimulating legal means is laid down precisely by the regulatory act. It is proven that the effectiveness of organizing and conducting regulatory activities determines the degree of effectiveness of the stimulating legal regime of economic activity. It has been established that despite the obvious purpose of both regulatory and legislative activities to achieve increased efficiency of legal regulation of certain groups of social relations, choosing a less economically costly method of legal influence is a particular feature of regulatory activities. Cases have been identified where the state, using various legal techniques, excludes from the scope of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” groups of social relations regulated by a system of legal norms, which is an integral element of the stimulating legal regime of economic activity. It is asserted that the legal techniques chosen by the state do not always correspond to the legal certainty, the “quality of the law”, which constitutes the essence of the rule of law principle, nullifying the purpose of legal regulation of social relations in a predictable manner. It has been established that the exclusion from the scope of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” of a significant range of social relations has created conditions for the preparation of most regulatory legal acts, including those defining the principles of implementation of the stimulating legal regime of economic activity, circumventing the requirements imposed on regulatory activities. The provision on the expediency of bringing the legal techniques for determining the scope of application of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” in line with the principles of normative drafting techniques embodied in the Law of Ukraine “On Legislative Activity” is substantiated. The provision regarding the inclusion in Article 3 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” of the norm that exceptions from the scope of this Law are made only by amending this Law is substantiated.

The Regulating Act, 1773

The legislative branch of the British government passed a law called the Regulating Act in order to manage and supervise the operations of the East India Company's various businesses. Because the primary purpose of passing the act was to govern the activities of the firm, it was once designated as East India Company Act, 1773.1 The adoption of the regulatory act of 1773 was done for several important reasons, the most important of which were to control the mismanagement that existed in the regions of Bengal and to solve the problem of parallel systems. 2 By 1773, the East India Company had already been experiencing significant financial difficulties for some time. The fact that this organisation represented a monopoly trade enterprise in India and that many influential people were stockholders contributed to the significance of the organisation for the British Raj. 3 The Company spent £40,000 every year to maintain the monopoly; however, it has been unable to pay its obligations since 1768, which has led to a drop in the amount of tea that is shipped to the United States. Almost 85 percent of all tea that was ever drank in the U. S. was obtained through illegal importation of Dutch teas. The East India Company owed money to both the Bank of England and the government of England. The government owned 7 million kg of tea that was rotting in British storage, and more tea was on its way from India. This Tea Act of 1773, along with the Regulating Act of 1773, had the primary objective of reducing the significant amount of tea that was being stored in London, the majority of which belonged to the financially struggling British East India Corporation, with the intention of assisting the financially struggling corporation in surviving.

Analysis of the model of regulation of cross-border insolvency under German law

The article is devoted to the analysis of the model of regulation of cross-border insolvency under German law. The purpose of the article is the scientific understanding and identification of the characteristic features of the model of regulation of cross-border insolvency under German law.
 The presence of dualism in the legal regulation of the cross-border insolvency procedure under German law for EU member states and non-EU member states has been ascertained.
 It is argued that there are five types of proceedings in the cross-border insolvency procedure under the provisions of the German insolvency Statute 1) main proceedings; 2) secondary proceedings; 3) domestic secondary proceedings; 4) foreign proceedings; 5) territorial proceedings), as well as the absence of a legally established definition of these concepts.
 The absence of the concept of the debtor’s COMI was found in the provisions of the German insolvency Statute, even despite the fact that such a concept exists in the regulatory act itself, such concept does not fall under the classical understanding of cross-border insolvency, because it concerns the insolvency of a group of companies. The similarity of the provisions of the German insolvency Statute regarding the regulation of cross-border insolvency with the provisions of the predecessor acts of the 19th century regarding the same issue, as well as the exploitation of even similar terminology in relation to territorial proceedings, is proven. The almost complete impossibility of universalism in accordance to the provisions of the German insolvency Statute on cross-border insolvency has been proven, despite the presence, at first glance, of an environment favorable to the implementation of the mentioned theory.
 It is substantiated that the modern procedure of cross-border insolvency in Germany for third countries that are not members of the EU embodies the theory of territorialism. It has been proven that the existing territorial ideology of cross-border insolvency in modern Germany can be traced back to the existence of the Konkursordnung of 1877.
 By virtue of improving the legislation of Ukraine on bankruptcy, it is proposed to add a new Book to the Bankruptcy Code of Ukraine, which would contain the regulation of the cross-border insolvency procedure.

Tax Office and Internal Affairs Bodies Cooperation in Initiating Criminal Tax Law Cases

The fight against tax crimes is carried out through cooperation of tax authorities with operational units of internal affairs bodies. In cooperation with tax authorities the operational units of internal affairs bodies (OVD) generally ensure the implementation of tax authorities powers to control and supervise compliance with legislation on taxes and fees. OVD are in fact participants in tax legal relations. At the same time, the insufficient development of legislation regulating these activities leads to legal uncertainty. In this regard, the authors propose to supplement Article 9 of the Tax Code of the Russian Federation with a clause fixing the status of internal affairs bodies as participants in relations regulated by the legislation on taxes and fees. At the same time, it is proposed to introduce some provisions into Articles 89–100 of the Tax Code of the Russian Federation regulating the powers and restrictions of an internal affairs body officer as a participant in an on-site tax audit. Changes in criminal, criminal procedure and tax legislation, which entered into force in 2022–2023, had a significant impact on the way economic security and anti-corruption units cooperate with tax authorities and preliminary investigation bodies in identifying tax crimes and initiating such criminal cases. Amid the changes in Federal legislation, the existing interdepartmental regulatory framework generally remains relevant, although it needs to be changed and updated. These measures are currently either unregulated or partially regulated in disparate departmental regulations of different legal force, which creates an objective need for the development and adoption of a single regulatory document. An acceptable orm of interdepartmental regulatory act may be a trilateral agreement on cooperation between the Investigative Committee of the Russian Federation, the Ministry of Internal Affairs of Russia and the Federal Tax Service of Russia. There is also a need to amend the Tax Code of the Russian Federation. It is important to eliminate the inconsistency of the current version of paragraph 3 of Article 32 of the Tax Code of the Russian Federation, which does not contain a complete list of decisions made by tax authorities to be sent so that to make a decision on initiating a criminal case. This results in a possibility of different interpretations of the relevant duty of tax authorities.

Legal regulation of grape variety registration in Ukraine according to international requirements

Purpose. To substantiate the legal regulation of the re­gistration of grape varieties in Ukraine in order to harmonise the national legislation with the European requirements and standards. Methods. The materials used were the regulatory documents of UPOV, CPVO and EU countries, national regulations in the field of examination, registration and commercial use of grape varieties. Results. The current state and problems of viticulture in Ukraine were analysed. In particular, the current legal acts regulating the registration and commercial circulation of grape varieties in our country and in the European Union were studied. The experience of Italy, one of the leading European countries in viticulture and oenology, was studied. In particular, the article examines the peculiarities of the national catalogue and the conditions for the marketing of varieties and clones, as well as the use of vineyards after the grapes have been excluded from the catalogue. At the same time, the author analysed the financial sanctions that this country imposed on economic entities (legal persons) in the case of the creation or maintenance of industrial plantations with nonregional varieties at the expense of the State. The Italian regulatory act regulating the content and procedure for filing an application for registration of varieties and clones was stu­died. The list of requirements and information to be provided by the applicant in the process of preparing the application documents was determined; the expediency of their use in the development of national legislation of Ukraine was established. The author has also examined the draft Law 9139 of 22 March 2023 “On grapes and vine products”, assessing its positive impact on the market environment, the protection of the rights and interests of economic entities, the State and citizens, providing them with high quality pro­ducts with special characteristics caused by natural factors of the area of origin. Conclusions. There is some inconsistency between Ukraine and the EU countries regarding the conditions for acquiring and the scope of rights to grape varieties and their clones, which requires further regulation at the legislative level.

Suchasni tendentsii reformuvannia pravovoho statusu fermerskykh hospodarstv v Ukraini

The article studies the legal problems of the functioning of farms in Ukraine as an independent legal institution of agrarian law. After the opening of the land market, the authors analyse the dynamics and statistics regarding the registration of the right of private ownership of farmland, which is on their balance sheet in the status of permanent use. In this vein, the norms of land and agrarian law and the legal mechanism for the realization of the acquisition of the right to private property through free privatization for farmers whose land is currently registered for permanent use are investigated. In addition, the article examines the newly adopted draft law № 6013 «On the peculiarities of the regulation of entrepreneurial activities of certain types of legal entities and their associations in the transition period» adopted in the first reading by the Verkhovna Rada and the explanatory note to it, which was developed by people’s deputies. This document is aimed at the destruction of cooperative legal relations in the conduct of agribusiness, by transforming all enterprises in Ukraine into corporate ones. In this regard, the authors express a number of comments that are unacceptable for farming in Ukraine. In this regard, the authors express a number of comments that are unacceptable for farming in Ukraine. In the scientific work, the scientists present legal and economic arguments, which claim that the above bill is devastating for small and medium-sized agribusiness in our country and does not correspond to the main legal dogmas of the European Green Course. According to the authors, the adoption of such a regulatory act will lead to the monopoly of agricultural holdings and the loss of the country’s agricultural potential both at the international and national levels. In this context, the foreign experience of farming operations in countries where corporate legal relations of business are a priority, for example, the United States of America and the European Union, is studied.

Birth event: legal significance of medical criteria for being born alive

The event of birth entails the emergence of many legal relationships, and at the same time, the moment from which a person is considered to have been born is determined by subordinate regulatory legal acts. At the same time, subordinate regulatory legal acts use a combination of several criteria, which makes it difficult for citizens to understand the legislation, to whom the legislation is addressed and entails the development of contradictory judicial practice. The purpose of the study is to analyze the criteria for being born alive, the tasks are to find out ways to possibly improve legislation and the practice of its application. Methodology. The study was conducted using historical, comparative legal methods and using an economic and psychological approach. The results of the study: the definition of criteria for being born alive in a subordinate regulatory act is not entirely justified. The existing norms use criteria such as gestational age and weight as criteria for being born alive, but it must be recognized that all these formal criteria are only presumptions introduced to simplify the proof of viability. The presumption of viability is not required if, after the separation of the baby from the mother’s body, one or another sign of being born alive (heartbeat, independent breathing, etc.) is observed. Regulation at the level of a by–law somewhat confuses the facts — the conditions for the application of presumptions and the main fact to be proved — the birth alive. A significant disadvantage of the rules governing birth registration is the rule of 168 hours for an infant born with a gestation period of less than 22 hours. This norm does not fully correspond to the prevailing ideas about birth and death in society and is subjectively perceived by citizens as unfair. Conclusion: the legislation on birth registration needs to be changed in the part in which it does not consider the separation of the fetus from the mother’s body at a gestation period of less than 22 weeks, if the fetal weight is less than 500 g and life expectancy is less than 168 hours, since this criterion, firstly, violates the rules of formal logic (it is considered born… if he has lived for more than 168 hours), secondly, it does not contribute to the protection of the personal intangible benefits of the mother and child, and thirdly, it also does not allow protecting the medical organization from unreasonable liability.

Peculiarities of the application of measures of procedural coercion in administrative proceedings

The article is devoted to the study of the peculiarities of the application of measures of procedural coercion in administrative proceedings.
 It is noted that the application of measures of procedural coercion is related to the restriction of personal freedom and will of citizens. Therefore, measures of procedural coercion should be applied only in accordance with their purpose, in the presence of grounds established by law and in the manner established by law.
 It is indicated that a warning is a written remark addressed to a person about violation of order in a court session or failure to comply with the instructions of the court chairman. For example, offensive accusations of participants in the court process, remarks, failure to observe silence in the courtroom, etc. The application of a warning is formalized by a court decision and recorded in the minutes of the court session.
 It is emphasized that the temporary seizure of evidence for examination by the court is the requisition by the court of written and material evidence that was not presented for examination by the court without valid reasons. For example, non­submission of a regulatory act by a government body in order to avoid checking the presence of norms that contradict the Constitution and laws of Ukraine violates the rights and legitimate interests of individuals or legal entities.
 It is indicated that the pretext applies to properly notified persons whose personal participation is recognized by the court as mandatory, witnesses who did not appear at the court session without a valid reason or did not report the reason for non­appearance through the National Police of Ukraine, with compensation to the state treasury costs for its implementation.
 It is emphasized that the application of procedural coercion measures is of great importance, as it provides the head of the administrative court with real tools of influence on persons who violate the rules established by the court, creating obstacles to a proper trial.
 It is noted that the court may cancel its decision on the imposition of a fine if the person against whom it was issued has eliminated the committed violation or provided evidence of the seriousness of the reasons for not fulfilling the relevant requirements of the court or its procedural obligations.

Anti-corruption security of Ukraine as a prospective component of state legal politicians: theoretical and legal aspects

The article, based on the analysis of the features of the content of the Anti-corruption Strategy, highlights certain shortcomings of the regulatory potential of the specified regulatory act. Their isolation gave grounds to substantiate the expediency of the legislative implementation of a specific legal institution - the institution of anti-corruption security. We propose to understand anti-corruption security as a state of protection of the national interests of Ukraine from the use of official powers or related opportunities by the subjects defined by the anti-corruption
 legislation for the purpose of receiving an undue benefit or accepting such a benefit or accepting a promise (offer) of such a benefit for themselves or other persons or, accordingly, a promise (offer) or provision of an unlawful benefit to a circle of subjects defined by anti-corruption legislation, or at their request to other natural or legal persons with the aim of inciting this person to unlawfully use the official powers granted to him or opportunities related to them. Since corruption is defined by the legislation of Ukraine as a threat to national security, it is suggested that those responsible for the implementation of the Anti-corruption Strategy and ensuring anti-corruption security define the President of Ukraine as a state institution responsible for the effectiveness of state policy in the field of ensuring national security and defense.
 It is substantiated that the introduction of the anti-corruption security institute into the legal system will contribute to the optimization of the legal policy of Ukraine in the field of anti-corruption. Therefore, the creation of a system of legal support for the anti-corruption security institute is a promising and urgent task of the state legal policy. The implementation of the anti-corruption security institute will be a factor in creating real conditions for and decorporatization of power relations at all levels and stopping the degradation and deformation of the system of legal regulators by eradicating illegal practices. The implementation of the anti-corruption security institute requires preliminary urgent scientific analysis, broad discussion and, ultimately, the adoption of a consolidated political decision by higher authorities regarding the development and adoption of a legislative framework for the implementation of the anti­corruption security institute.

The order of establishing and determining of normative legal acts direction action in Ukraine: theoretical and applied aspects

The article characterizes the rules of establishing and determining the direction of normative legal acts action that are ineffective in domestic legislation.
 The main provisions of the procedure for establishing and determining the direction of action of regulatory legal acts of Ukraine have been formed. The correlation between the rules for establishing the direction of action, which are necessary for subjects of law-making, establishing the direction of influence on abstract legal relations, and the regulation rules that are necessary for legal entities to determine the direction of influence on specific legal relations.
 Under the procedure for determining the direction of action of normative legal acts it is proposed to understand the rules provided for by legal regulations according to that the subjects of legal realization determine the direction of the regulatory impact of the legal act on specific legal relations.
 Taking into account the theoretical developments of the nature of the direction of action of normative legal acts rules for determining the direction are proposed.
 The parameters advisable to establish and determine the direction of normative legal act action are determined by the moment when it (its individual requirements) comes into force; the time of emergence and termination of the social relations existence; the previous or new normative legal act (its separate prescriptions) action. Depending on the combination of these parameters, the subjects of law-making can choose the appropriate directions of action of normative legal acts - direct (immediate, promising), reverse (retroactive) for a new normative legal act; surviving (ultra-active) - for the previous regulatory act.
 The legislation of Ukraine on the rules for establishing and determining the direction of normative legal acts action is analyzed (codified acts, decisions of the Constitutional Court of Ukraine). It is established that in the ukrainian legislation there is no procedure for establishing and determining the direction of action of normative legal acts. Appropriate additions to the draft law of Ukraine “On normative legal acts” are proposed to be made.

Implementation of the Law of the People’s Republic of China «On Higher Education» in China: Achievements, Problems and Solutions

The Law of the People’s Republic of China «On Higher Education» is the main regulatory act in the field of higher education in China. It was adopted in 1999, had a significant impact on the education sector as a whole, and made it possible to solve a number of key problems at that time.The paper analyzes the relevant data on the achievements of the implementation of the Law of the People’s Republic of China «On Higher Education» for a period of more than 20 years since its entry into force. The quality of staff training has steadily improved; the efficiency, scale and structure of higher education have achieved significant success. The law effectively guaranteed the right of citizens to receive higher education, gradually rationalized the internal and external management structures of higher education institutions. The causes of fundamental problems are also disclosed. The author proposes ways to improve the current legislation and ways to solve emerging problems. For example, it is suggested creating a more scientific and effective assessment and control system in order to strengthen the role of the academic council of universities; improving channels for resolving academic disputes, expanding the categories of disputes between professors and universities, subject to courts; ways of disclosing information on the assessment of the level of higher education; accelerated deep integration of modern information technologies and teaching in the field of education, etc.The Law of the People’s Republic of China «On Higher Education» gives clearer answers to a number of important issues of the development of higher education, such as the relationship between the state (government) and universities, the autonomy of universities and the internal management system of universities. However, taking into account the rapid development of society, its democratization and the growing interest in the mechanisms of protection of individual rights, the institute of higher education in China, largely built on the basis of the analyzed normative act, is hardly able to continue to fulfill its role in the conditions of modern times.