Legislative Regulation Research Articles

Participation of Minors in Operational Search Relations

Statistics on juvenile delinquency indicate that over the past decade, the level of serious and especially serious crimes committed by these individuals has remained relatively stable. In such a situation, the important tasks of law enforcement agencies are the timely detection and suppression of crimes committed by minors and their removal from the criminal environment through individual prevention. Effective solution of these tasks is impossible without the implementation of operational investigative activities. In this regard, a study was carried out regarding participation of minors in operational search relations in two main roles: as persons providing assistance to subjects of operational search activities and as objects of operational search activities. Within the framework of the first direction, legislative regulation of the conditions for the provision of assistance to minors is proposed: written consent of legal representatives and minors themselves, if they have not reached the age of 16; ensuring the safety of minors by employees of the operational unit; the introduction of additional safeguards for the assistance of minors. Within the framework of the second direction, proposals have been prepared concerning the conditions for conducting operational investigative measures against persons under the age of criminal responsibility. The issue of the need to involve legal representatives and teachers in conducting a public survey of minors was also raised for academic and practical discussion.

Территория садоводства в границах населенного пункта

The territory of horticulture can be located on the lands of settlements or agricultural purposes. The very definition of the concept of “garden land” contains the possibility of its use both for recreation of citizens, and the cultivation of crops, and the possibility of placing a residential building. In such conditions, regional legislators are faced with the difficult task of formulating criteria for classifying the territory of horticulture as the lands of settlements. In this paper, proposals are made to find criteria for assigning a horticulture territory to a certain category of land.

Green Belt Legislation Regulation: Comparative Legal Research

Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of regulation of such legislation. Based on the analysis of typical legal conflicts, the problem areas which need the most attention of the legislator have been identified. The methods of differentiation of the legal regime for various areas within the green belt are investigated, taking into account their geographical features and specific management goals. The most promising areas for legal regulation that require the increased attention of legislators speak to the establishment of the procedures and criteria for excluding land plots from the green belt, the regulation of village development processes within the green belt, the establishment of a comprehensive list of agricultural types of permitted use, and the establishment of the procedure for the development of specialized plans or strategies for the use and protection of the green belt. The article offers solutions to these issues. The methodology of comparative law, including the functional method, was used in the study.

Режимно-правовое регулирование рассмотрения и утверждения бюджетов

Regime and legal regulation of the consideration and approval of budgets in the Russian Federation has undergone significant changes in recent years, and, at the moment, it can be characterized by a number of specific features. Firstly, after the approval of the draft law on the federal budget, such a document acquires the status of a normative legal act — a federal law for the federal budget and a normative legal act of a different level for budgets of other levels of the budget system of the Russian Federation, while it is limited to the next financial year and planning period. Secondly, the peculiarity of the process of reviewing and approving the budget is associated with the presence of the “zero reading”procedure, which does not have legislative regulation in the norms of Russian law, but since 2002 has been actively used in practice, and, in its essence, is an integral stage of the review process and approval of the budget not only of the federal budget, but also of other budgets of the budget system of the Russian Federation. In this regard, at the moment, the most relevant direction for improving the budgetary and legal regime for reviewing and approving the budget seems to be improving national legislation in terms of enshrining “zero reading” in the provisions of the Budget Code of the Russian Federation as an integral part of the process of reviewing and approving the budget. Thirdly, the regime-legal regulation of the consideration and approval of budgets involves the establishment of general rules for approving a draft law in a stable situation, as well as the establishment of special rules if it is impossible to apply the traditional procedure for approving a draft budget law. The purpose of such a special budgetary and legal regime is to ensure stability and continuity of the budgetary process, regardless of internal or external factors, until a regulatory legal act of the appropriate level is adopted.

Modelling user notification scenarios in privacy policies

The processing of personal data gives a rise to many privacy concerns, and one of them is to ensure the transparency of data processing to end users. Usually this information is communicated to them using privacy policies. In this paper, the problem of user notification in case of data breaches and policy changes is addressed, besides an ontology-based approach to model them is proposed. To specify the ontology concepts and properties, the requirements and recommendations for the legislative regulations as well as existing privacy policies are evaluated. A set of SPARQL queries to validate the correctness and completeness of the proposed ontology are developed. The proposed approach is applied to evaluate the privacy policies designed by cloud computing providers and IoT device manufacturers. The results of the analysis show that the transparency of user notification scenarios presented in the privacy policies is still very low, and the companies should reconsider the notification mechanisms and provide more detailed information in privacy policies.

Выбор элемента(ов) прототипа модели медицинской организации в целях оптимизации процессов регионального проекта с использованием методов динамического программирования.

Changes in federal legislation regulating the provision of patients suffering from cardiovascular diseases initiate a revision of the regional legislation, and inevitably raises questions of practical adaptation and optimization of the processes of ongoing projects, taking into account resources in the established management model in medical organizations. Finding elements of a prototype model of a medical organization implementing a regional project as objects of influence for theoretical proof of hypotheses using the dynamic programming method (callback function, recursion) is the task of optimizing the project processes considered in this article. The purposeof the research question was to optimize the processes of a regional project using the dynamic programming method, which is focused on finding the objective function F(i) – the number of ways to return the function. The subgoal was to justify the use of dynamic programming methods. Materials and methods. The information base for the study was federal and regional regulatory legal acts published in the legislative reference and legal systems of the Russian Federation, and electronic resources. The study was carried out using methods of dynamic programming, optimization, recursion, and modeling. Results. We did not find similar studies in the available literature. This study was carried out using the dynamic programming method, which is designed to solve the problem of finding the target function(s) F(i) of regional projects. The authors attempted to find a prototype of an operating procedure at the level of project executors, which is indivisible and elementary for subsequent optimization of the variable (non-constant) elements of the prototype of a medical organization model from the found objective function. Finding F(i) by categories of patients (object of influence) registered at the dispensary, obtained using the callback function F(0), F(1), F(2), F(3), …F(k); F (0) ←F (1) ←F (2) ← F (3) ……F(n‑1) ← Fn (recursion) consists of decomposing the problem into smaller subproblems, finding the optimal solution to the subproblems recursively and using the resulting solution subtasks for constructing a solution to the original problem – optimizing an element of a prototype model of a medical organization, a regional project as a whole. Conclusion. The main tasks associated with project optimization are the tasks of minimizing the cost of the project for a given deadline for its implementation and minimizing (maximizing) the project completion period for a given marginal cost of its implementation. In search of a solution to optimization issues, the authors proposed finding F(i) by categories of patients (object of influence) registered as “D”, obtained using the callback function F (0) ←F (1) ←F (2) ← F (3) ……F(n‑1) ← Fn (recursion).

The objective side of the criminally punishable violation of legislation on plant protection

The article is devoted to the study of the elements of the objective side of the composition of a criminal misdemeanor, provided for in Art. 247 of the Criminal Code of Ukraine “Violation of legislation on plant protection”. The foreign experience of criminal protection of flora is partially highlighted. It has been established that within the framework of several criminal law prohibitions, in which damage to objects of plant life appears as one of the alternative consequences of encroachment on various spheres (elements) of the environment, the Criminal Code of the Federal Republic of Germany embodies a different from Art. 247 of the Criminal Code of Ukraine approach toward an end-to-end regime for the protection of plant life, which is a manifestation of law-making authenticity. It has been established that a similar approach was reflected in the project of the new Criminal Code of Ukraine. The content of the blanket disposition of Art. 247 of the Criminal Code of Ukraine is detailed; acts of regulatory legislation are listed, on which the law enforcement officer must rely when incriminating this criminal law prohibition; actions that can be regarded as a corresponding socially dangerous action – violation of the legislation on plant protection are specified. Based on the results of the analysis of the text of the criminal law and the limited practice of the corresponding law enforcement, both the justification of the construction of the disposition of the researched prohibition according to the blanket type, and the generally practical problem absence of its proper specification in the way of referring to a number of acts of regulatory legislation have been proven. Considerations regarding the content of severe consequences as an element of the objective side of the composition of the analyzed criminal offense against the environment have been expressed. The expediency of the existing legislative approach has been pointed out, according to which the delimitation of the composition of the criminal offense provided for in Art. 247 of the Criminal Code of Ukraine, from the composition of related administrative offenses has been carried out on the grounds of socially dangerous consequences. It has been established that Art. 247 of the Criminal Code of Ukraine remains among the “dead” prohibitions, the reasons for which must be clarified by criminological science. The opinion has been expressed that the problem of the inevitability of the criminal law response to the most dangerous violations of the legislation on plant protection lies not in the legislative, but in the law-enforcement sphere.

The relationship of advocate investigation and evidence in criminal proceedings

The article examines the institution of a lawyer’s investigation in criminal proceedings, as well as the activity of a defense attorney in collecting evidence within the framework of criminal proceedings, which should be regulated as fully and qualitatively as possible (as far as possible) in order to implement such principles of criminal proceedings as the presumption of innocence, ensuring the suspect’s right for the defense, competition of the parties, and these principles should apply not only at the stage of the trial, but also at the stage of the pre-trial investigation. Attention is drawn to the fact that currently, in practice, in the absence of legislative regulation of the procedure for the inclusion of information collected by the defense counsel in the materials of criminal proceedings, the defense counsel has to make a reasoned request to officials who are conducting criminal proceedings. It is noted that evidentiary information collected by the defense attorney on his own without involving the materials of the criminal proceedings cannot be used in the process of proving and substantiating the position of the defense in the criminal proceedings, i.e. become evidence in the full sense of the word. In this regard, it is proposed to make changes to the Criminal Procedure Code of Ukraine regarding the procedure for the inclusion of information collected by the defense attorney in the materials of criminal proceedings, including the procedure for providing it by the defense attorney and the procedure for receiving it from the defense attorney by the inquirer, investigator, prosecutor, and court, specifying that no the right, and the duty of persons conducting pre-trial investigation in criminal proceedings to attach evidentiary information to the materials of criminal proceedings. It is pointed out the need for regulatory regulation of the specified legal relations in view of the importance of the development of the institution of evidence collection by the subjects of criminal proceedings, including the defense attorney; since his activity in this field is necessary for the practical implementation of the principle of adversarial criminal proceedings, equality of the parties, as well as for objective pre-trial investigation and trial of each specific criminal proceeding.

Control measures during the enforcement process

This paper addresses the pressing issues surrounding the current mechanisms of enforcing court decisions in Ukraine, focusing on the inefficiencies that result in a low percentage of effectively executed judgments by both the State Enforcement Service (SES) and private enforcers. The study identifies the primary problems within the enforcement system, including insufficient legislative regulation, lack of effective oversight, and limited protection of debtor's rights. The paper provides an in-depth analysis of the existing mechanisms for control and appeal in the enforcement process, highlighting judicial control under Article 74 of the Law of Ukraine "On Enforcement Proceedings". The judicial control aspect is explored through the examination of court practices in both courts that issued enforcement documents and administrative courts. The paper identifies the number of appeals related to the enforcement process and discusses the effectiveness of judicial oversight. Additionally, the paper examines the extrajudicial control mechanisms, particularly the oversight exercised by the Ministry of Justice over both state and private enforcers. The study reveals significant challenges, such as the deprivation of the debtor's right to seek extrajudicial control, and discusses the reasons behind such legislative changes, along with their positive and negative consequences. The paper also presents the findings from recent research and publications that have begun to address these issues, and highlights the aspects of the general problem that have not been previously addressed, to which this paper is dedicated. To address these challenges, the paper proposes several improvements and legislative amendments. These include enhancing judicial control by establishing clearer criteria for reviewing appeals against enforcer actions, extending court powers to mandate specific actions by enforcers, and providing compensation for damages caused by unlawful enforcement actions. In terms of extrajudicial control, the paper suggests restoring the debtor's right to appeal to the Ministry of Justice, implementing a pre-screening mechanism to filter out baseless complaints, and strengthening the Ministry's monitoring capabilities.

THEORETICAL AND PRACTICAL ISSUES OF LEGAL SUPPORT FOR STATE GEOLOGICAL CONTROL (SUPERVISION)

The purpose of the research. This article focuses on the problems of legal support for state geological control (supervision) in accordance with the requirements of legislation on control (supervision). It takes into account the need to improve the risk-based approach system within the framework of the type of control (supervision) under consideration, the development of a system to encourage conscientious users of mineral resources. The issue of improving the legislative regulation of state geological control (supervision) is being considered. Results. The amendments to the by-law regulating the implementation of the federal state geological control (supervision) are justified, according to which it is proposed to establish a mechanism for reducing the risk category of an object depending on the subject of this type of control (supervision). It is proposed to fix in the Law of the Russian Federation «About Subsoil» an exhaustive list of preventive measures used in the implementation of state geological control (supervision) and allowing to form a system of encouragement for a conscientious user of the subsoil. The expediency of unifying the requirements for the organization and implementation of regional state geological control (supervision), fixing an exhaustive list of offenses and crimes considered as criteria for violating mandatory requirements of the legislation on subsoil, as well as making changes to the procedure for considering objections to warnings, is substantiated.

DEVELOPMENT OF SOCIAL ENTREPRENEURSHIP IN UKRAINE

The article examines the theoretical, methodological and practical aspects of the development of social entrepreneurship in Ukraine in modern conditions. The main factors affecting the slow development of this sector have been identified and analyzed, including: lack of legislative regulation of the activities of social enterprises, insufficient awareness of the population about their activities, a small number of social enterprises and socio-economic instability of the national economy. Key external and internal factors contributing to the development of social entrepreneurship at the regional level were discussed, and recommendations aimed at improving the situation were substantiated, including the need to develop a national strategy for the development of social entrepreneurship. The authors justified the importance of applying a comprehensive approach to the development of social entrepreneurship and support at all levels to ensure the rapid development of social enterprises, which will contribute to solving social problems and improving the welfare of society. It was found that the development of social entrepreneurship in the regions of Ukraine is determined by a combination of external and internal factors, including informing the population, simplifying taxation, grant support, preferential lending, support from the authorities, staff training, production development and the search for new customers. It was determined that in order to ensure the effective development of social entrepreneurship in Ukraine, it is necessary to develop a national strategy that would ensure the coordination of efforts of all interested parties, as well as support regional initiatives, such as the creation of resource centers and the development of regional strategies. The role of social enterprises in the employment of vulnerable segments of the population, employment of youth, solving gender problems, and generating funds to finance the solution of social problems within the scope of their activities has been studied.

Food for thought: Valuable bioproduction pathways emerge in a circular food production model

Ensuring the production and supply of food, fuel and other resources meets growing demands is among the world's most important and difficult challenges. The climate crisis, loss of biodiversity, limited resources and immense wastage have resulted in a lack of food availability, accessibility, and affordability. Transitioning to a circular production model provides one of the most straightforward strategies to address these problems and improve food systems’ efficiency, inclusiveness, resilience, and sustainability. A circular production model is one in which waste streams, a renewable bio-resource, are kept in the system and recycled into matter or energy. Industrial-scale insect rearing offers a marketable solution to convert large quantities of organic waste biomass into food and high-value bioproducts with lower resource dependency and environmental impacts than current systems. This paper presents a review of the literature on the feasibility of using insect biotechnology to implement circularity in food production systems by critically analyzing a circular model in its entirety, including all emerging production pathways. Using black soldier fly mass-rearing as a model system, we outline the environmental and socio economic benefits from bio-converting waste streams for food production and a range of novel raw material pathways; including chitin, agricultural fertilisers and bio-fuels, which emerge within the model. This review addresses challenges in achieving scalability, reducing food safety risks, and establishing regulatory frameworks and legislation if we are to see a global transition. A circular production model is a practical and applicable method to develop sustainable and resilient food systems and address the global challenges of food security and climate change across multiple disciplines and industries.

Peculiarities of the alienation of the real estate object located on one’s own land plot

The article is devoted to the study of issues of legal regulation of relations related to the transfer of ownership of a plot of land in the event of acquisition of ownership of a real estate object located on it. It was established that the implementation of the principle of a single legal share of the land plot and the real estate object on it is carried out in accordance with the requirements of land and civil legislation. The need to determine the quality of priority land legal norms was noted. It was found that the legislative innovations contributed to the unification of the regulatory and legal regulation of the implementation and practical implementation of the automatic transfer of the right to a land plot when the right to a residential building, other building or structure on it is transferred. The mechanism of simultaneous transfer from the expropriator (previous owner) to the acquirer of the real estate object of ownership of the land plot on which such an object is located is analyzed. The grounds and conditions under which such a transition is possible have been clarified. In addition, the issue of legislative regulation of real estate objects, with the acquisition of ownership of which provides for the automatic transfer of ownership to the land plot on which they are located, is also disclosed. Approaches regarding the need to improve norms due to their uncertainty (contradiction) were supported. The special requirements for the contract providing for the transfer of ownership of the real estate object located on the land owned by the alienator were analyzed, the subject and essential terms of the contract were clarified, and the feasibility of improving the legal requirements on the specified issues was noted. Taking into account the analysis of the formed judicial practice, the relevant issues of the consideration of disputes related to the provision of the principle of a single legal destiny of the real estate object and the land plot on it were analyzed, the problems of independent construction, acquisition of ownership rights to it were considered. Attention is focused on the issues of further improvement of land legal norms in order to ensure the effective functioning of the procedure for transferring the right to a land plot in the event of acquiring the right to a real estate object located on it.

Activities of public administration entities in the field of standardization, licensing and accreditation of healthcare in Ukraine

According to the provisions of the Basic Law of our state, life and health, honor and dignity, inviolability and security of a person are the highest social value. In order to ensure the guaranteed right to health care, the state, in the form of authorized bodies, takes the necessary organizational and legal measures and methods aimed at preserving human health. The human right to health covers a wide range of health-related phenomena and practices. Standardization, licensing and accreditation as means of ensuring the human right to health care directly belong to this spectrum of social relations. Taking into account the fact that the health care of citizens is based on a number of principles enshrined in the Constitution and laws of Ukraine, the article emphasizes that standardization, licensing and accreditation, which are the guarantee of life and health care, occupy a specific weight in health care citizens. Through the prism of legislative regulation and the analysis of subordinate regulatory legal acts, the author of the article examines the impact of regulatory legal acts on the regulation of relations in the field of standardization, licensing, and accreditation. The author focuses on the activities of the Cabinet of Ministers of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Medicinal Products and Drug Control, as well as other public administration entities that play a leading role in licensing, standardization and accreditation of business entities, as well as other participants in relations in the field of health care. In general, the article draws attention to the important role of public law entities in regulating relations in the field of standardization, licensing, and accreditation, as well as draws attention to the legal mechanism of compulsory licensing. It is concluded that the modern system of public administration in the researched sphere of public relations is carried out primarily by authorized state bodies. It is emphasized that the subject of further research should be the issue of determining the system of public and private law entities involved in the process of regulating relations in the sphere of health care of Ukraine, the disclosure of the legal mechanism of compulsory licensing in order to ensure the health of the population, the defense of the state, environmental safety and other public interests, as well as the activities of public entities during the martial law regime.

Problems of Legislative Regulation of a Postgraduate Student (Postgraduate in a Military College) Legal Status at a New Stage of the Russian Education System Reformation

Problems of Legislative Regulation of a Postgraduate Student (Postgraduate in a Military College) Legal Status at a New Stage of the Russian Education System Reformation

LEGAL LIABILITIES OF ARTIFICIAL INTELLIGENCE: AN OVERVIEW

Objective: The main objective of the paper is to study the need for Special Regulatory legislation for Technology especially Artificial intelligence (AI) as well as examine how AI and law work together. The paper evaluates the liability of AI when it violates Human Rights and Data Privacy. The paper evaluates how AI has created new possibilities and had posed challenges by interfering Human Rights and challenging Sustainable Development comparing the developments happening in European Union (EU) with countries like India. The paper also attempts to make the complex debate more comprehensible for those with no expertise in this area. Method: The Comparative research approach was administered by highlighting the EU methods to tackle and address the AI liabilities. Analogy and review of the Product Liability Directive (PLD) which is proposed and published by European Union (EU) for an AI system liability and suggestions of National Institution for Transforming India (NITI) Aayog of India to attain Sustainable National Economic Development. The paper analyses from financial and lucrative perspective, what liability rules would curtail the financial damages and other harms caused by AI systems which affect Sustainable Development. Results: The paper findings suggest that influence factor of AI applications should be included in existing Liability framework and must be consistently updated as AIs are characterised by unpredictability and independence. Both the EU and India NITI Aayog states that regulatory insight must be an ethical reinforcement for AI practice and hence ensure the sustainability of AI technologies. Originality/Value: The recent government initiatives in EU and India are discussed with respect to the AI liability. The study provides positive insights of Artificial Intelligence (AI) technology and its liabilities to achieve Economic Sustainable Development. The key findings of the paper highlight the importance of Salmond’s defined Tortious liability during British Era for AI technologies for protecting Human Rights and also achieve Sustain Development.

POLÍTICAS PÚBLICAS HUMANITÁRIAS PORTUGUESAS: DA VISÃO DAS CONDICIONANTES À BREVE VISÃO DA PRÁTICA ASSOCIADA AOS COSTUMES

This article aims to an integrative literature review of humanitarian public policies in Portugal to understand how these policies are developed and implemented in the country. To this end, we will analyze the European Union and Portugal regulatory legislation, which encompasses the topic from different perspectives, to provide a sufficiently comprehensive view of the subject. Humanitarian public policies have been gaining prominence in the international scenario, especially given the frequency and intensity of natural disasters and humanitarian crises. In Portugal, these policies are influenced by such regulatory documents, from EU legislation to the Portuguese Constitution, encompassing relevant laws and culminating in the implementation of strategies, plans, and government programs with their humanitarian characteristics and approaches to resilience and humanitarian action determinants, permeating the practice of action related to the country's customs. The literature review conducted in this article seeks to contribute to the understanding of humanitarian public policies in Portugal and provide a general overview and support for academic debate on the subject.

Shifting sands: the use of marketing communication strategies in corporate social responsibility disclosure in the United Arab Emirates

Purpose This study aims to investigate the evolution of sustainability reporting in the United Arab Emirates (UAE) against a backdrop of changing legislation. It uses qualitative content analysis within the corporate social responsibility (CSR) communication framework proposed by Kotler and Lee (2005) to investigate how corporations in the UAE disclosed information on their CSR activities in 2018 and 2023. Design/methodology/approach The authors refer to the CSR communication framework proposed by Kotler and Lee (2005), which puts forward a set of marketing communication strategies that can be used to promote a corporation. The authors identify the strategies used by the top 14 companies operating in the UAE in their CSR disclosure in the fall of 2018 and the spring of 2023, respectively. The authors note any changes that have occurred over time and differences between the distinct business sectors. Findings The findings indicate a continuing reliance on the marketing communication strategies associated with corporate philanthropy, cause promotion and being a good corporate citizen. All of the corporations in the study showed evidence of engaging in an increasing diversity of CSR initiatives and a corresponding diversity in the marketing communication strategies they used to promote them. Practical implications Corporations wishing to promote themselves through their CSR activities and build a positive reputation would do well to select a diverse set of CSR activities communicated in a variety of ways. Originality/value To the best of the authors’ knowledge, this study is the first longitudinal, comparative study examining the CSR marketing strategies of the top corporations in the UAE. As such, it contributes to the ongoing debate on CSR in the Middle East in general and to understanding more about the approach as well as the changes in approach to CSR in a Muslim-majority Middle-eastern and secular developing economy, the impact of CSR legislation and government regulation on CSR disclosures in different business sectors and the promotional opportunities afforded by effective CSR disclosure within the UAE in particular.

Electronic auctions of seized property as a mechanism for ensuring the rights of participants in executive proceedings

The article is devoted to the study of the legal nature of electronic auctions of seized property as a mechanism for ensuring the rights of participants in executive proceedings. As part of the scientific research, the author reveals the legal nature of electronic auctions of seized property based on the analysis of their legal regulation, formulating conclusions about the role of this institution in the system of executive proceedings. The author emphasizes that electronic auctions as a special mechanism of enforcement proceedings must have a clear, consistent and unambiguous legal regulation in national legislation, since this type of activity directly affects the property rights of participants in enforcement proceedings, in particular, the right to private property, which is guaranteed to a person by the Ukrainian and international law. The article examines the legal nature of electronic trading through the prism of institutions of public electronic services and administrative services, as well as the institution of entrepreneurship. The author substantiated the conclusion that the researched institute is not a form of providing electronic or administrative services provided by the state at the request of a certain subject, nor can it be considered a separate type of entrepreneurial activity, given the multi-subject nature of the goal. The article concludes that electronic auctions of seized property by their legal nature belong to the category of measures of administrative influence on the participants of executive proceedings in terms of their property rights. This measure has an electronic legal form of forced alienation of property or property rights, which is used to ensure full, timely and legally executed decisions of courts and other bodies in executive proceedings. The role of the investigated institute is determined by the provision of a compensatory function in the enforcement proceedings, which guarantees the debt collector the acquisition of the right of ownership of the sum awarded by the court, through the forced sale of the property belonging to the debtor through electronic auctions.

Execution of decisions of the Constitutional Court of Ukraine: separate doctrinal approaches

It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant. The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research. In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance.