Requirements Of Current Legislation Research Articles

Early termination of the right to use the subsoil as ensuring state protection and protection of the subsoil

EARLYTERMINATIONOFTHERIGHTTOUSETHESUBSOILASENSURINGSTATEPROTECTIONAND PROTECTIONOFTHESUBSOIL The urgency of the problem of irrational use of mineral resources for human development and health led to the choice of a research topic in the subject plane of natural science aspects. The article discusses the legal basis of subsoil use and the grounds for early termination of the right to use the subsoil as ensuring state protection and protection of the subsoil. The procedure for early termination of the right to use the subsoil in accordance with the requirements of current legislation is also described. The differences between the termination and early termination of the right to use the subsoil are determined.

ОБЛІКОВА ПОЛІТИКА ЩОДО ВЛАСНОГО КАПІТАЛУ В КОНТЕКСТІ РІЗНИХ ОРГАНІЗАЦІЙНО-ПРАВОВИХ ФОРМ СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ

The article is devoted to the substantiation of the scientific-theoretical and regulatory framework for the formation of own capital of business entities in modern conditions. The object of the study is the processes of forming the equity capital of a joint-stock partnership in the context of the current legislative provisions and requirements for determining its components, as well as ensuring an effective accounting policy as an element of organizing an accounting system. The purpose of the work is to substantiate the theoretical and methodological principles of creating equity capital by entities of various organizational and legal forms of management and the features of the formation of accounting policies by them to provide the accounting system with complete and reliable information about their financial and property status and its appropriate reflection in financial statements. Research method is a theoretical and legal substantiation of the processes associated with the determination of the accounting policy of the entity's own capital in the context of a separate organizational and legal form of management. The tasks of ensuring economic stability in all types of activities of the enterprise are primarily solved due to the presence of equity capital in the required volumes as the basis of the resource base, as well as the implementation of an effective accounting policy in order to ensure complete and reliable information. 21 Тhe article proposes a number of measures for the formation of accounting policies by business entities belonging to the joint-stock sector in the context of the tasks of obtaining complete and realistic information on all components of equity capital in order to make timely effective management decisions. the authors provide their own definition of the category «own capital» and «accounting policy of the equity capital of a joint-stock company». The results of the article can be used by domestic both joint-stock and other enterprises of the corporate sector, in the process of current financial planning and budgeting, the foundations of which by a business entity should be built on the basis of the current accounting policy, which determines, first of all, all components of equity in the system of resource provision. Forecast assumptions regarding the object of study - the search for new measures to ensure the accounting system in conjunction with the accounting policy regarding the formation of equity capital along with joint stock structures and entities of other organizational and legal forms of management. KEY WORDS: EQUITY, JOINT STOCK PARTNERSHIPS, BUSINESS ENTITIES, ACCOUNTING, FINANCIAL ACCOUNTING, FINANCIAL ACCOUNTING OF LIABILITIES, LEGAL FORMS, ACCOUNTING POLICY, FINANCIAL REPORTING, MANAGEMENT ACCOUNTING, BUDGETING

HIGHER EDUCATION ESTABLISHMENT MANAGEMENT: INTERNATIONAL AND FINANCIAL REGULATION

The article highlights the main issues of international and financial regulation of the higher education establishment management. The study analyses the financial support of state, municipal and private establishments according to their autonomy. It indicates that one of the main funding sources for state higher education establishments in Ukraine is funds from various budget levels. The paper points out that higher education establishments can be financed from the other sources that are not prohibited by national legislation: payment for the educational services, grant income, research, rent, charitable funds, etc. The research also determines that establishments need to conform to the principles of targeted and effective use of funds, as well as publicity and transparency in decision-making. The previously received additional funds can only be used to carry out the statutory activities of a higher education establishment following the requirements of current legislation. The paper investigates the concept of government spending indicator per student to assess the financing of higher education establishments management, and a comparative analysis of the financial support of European countries. The article figures out the legislation of Ukraine and individual countries of the world regarding the financial support of higher education establishments. It establishes the importance of implementing a financing model of higher education establishments based on the results of their activities and determines that in accordance with the provisions of the Budget Code of Ukraine, the amount of state budget expenditures on higher education is distributed among higher education establishments based on a formula developed by the Ministry of Education and Science of Ukraine and approved by the Cabinet of Ministers of Ukraine. It highlights the main parameters of the formula, namely, the number of students by levels of higher education and subject areas, and the ratio of the educational services' cost; the level of results of students' external independent evaluation; the quality indicators of educational and scientific activities of higher education establishments. The research suggests ways to improve the financial management of higher education establishments in Ukraine.

General Principles of a Museum (Museum Formation) Establishment at a Military Educational Institution

The purpose of the article is to systematize and streamline the current legislation to simplify the algorithm for collecting and compiling a package of documents in order to establish and register a museum (museum formation) at a military educational institution. The scientific novelty lies in the fact that an attempt has been made to systematize and streamline the process of forming museum formation, as well as to harmonize and generalize the current legislative requirements for this process. Conclusions. A study of the legislation and regulatory framework for the establishment, operation and registration of museums at military educational institutions showed a complex and confusing system of regulatory legal acts, often requiring duplication of certain actions, and sometimes mutually exclusive, which complicates the procedure for creating a museum at a military educational institution. Systematization of regulatory requirements, structuring them in the order of implementation, as well as the classification and inventory of the collection items directly requires a specialist with the appropriate professional skills, abilities and motivation, otherwise, the assembly remains in the status of a storage.

НЕКОТОРЫЕ ВОПРОСЫ СОВЕРШЕНСТВОВАНИЯ МЕХАНИЗМА ИСПОЛНЕНИЯ СУДЕБНЫХ РЕШЕНИЙ О ВЗЫСКАНИИ АЛИМЕНТОВ

Article 64 of the Constitution of the Republic of Uzbekistan guarantees that parents are obliged to support and educate their children until they reach the age of majority. This article describes the procedure for voluntary payment of alimony, recovery of alimony in court, recovery of alimony debt, exemption from payment of alimony debt and payment of alimony when a person who is obliged to pay alimony abroad leaves, changes in the amount of alimony or exemption from alimony, termination of alimony obligations, forced recovery of alimony. This article highlights the issues of proper, timely consideration and resolution of suits on the recovery of alimony, ensuring the protection of the rights and interests of children, increasing the responsibility of parents. The author analyzes the order of execution of court decisions on the recovery of alimentary, procedural features, judicial practice and problems of legislation, as well as recommendations and proposals for their elimination. The purpose of the study is to form a unified judicial practice to protect the rights and interests of children based on the analysis of judicial practice and taking into account the requirements of current legislation, resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan and other regulatory legal acts.

The proposals for intensification of a non-capacity wastewater treatment plant

The article deals with the possibilities of intensification of mechanical-biological wastewater treatment plant with intermittent Flexidiblok type activity with denitrification. This wastewater treatment plant is located in a municipality with more than double of the equivalent population than the capacity of the wastewater treatment plant and therefore does not meet current legislative requirements. Proposals for the intensification of the wastewater treatment plant offer the possibility of reconstructing the existing wastewater treatment plant to the required capacity or rebuilding this wastewater treatment plant to a pumping station. Part of the article is an economic-technological comparison of both proposals.

Search for requirements for the width of pedestrian roads in the context of the classification of public space

Walking has long been the primary means of human transport. Nevertheless, in recent decades, the insufficient emphasis has been placed on it in the creation and renewal of public space. It focuses mainly on the needs of road transport, the volume of which is constantly growing enormously. It is only in recent years that the view begins to be re-evaluated and trends in the organization of public space gradually changed, as it is true that a larger supply generates a greater demand. Therefore, leading architects are gradually changing their approaches to the organization of public space and put humans, pedestrian transport, and its requirements first. In the Czech Republic, the trend is gradually changing, as it is worldwide. Walking again plays an important role in the creation of sustainable mobility plans for the cities of the Czech Republic. The main problems arise in the actual implementation of these ideas, as the legislative requirements are formulated only in general, unlike the requirements for road transport, which sets out the requirements for minimum road profiles in the context of design speed and traffic intensity in a given cross-section. These requirements are set out in Decree No. 501/2006 Coll. on general requirements for land use and also in CSN 73 6110 Design of local roads (CSN is Czech technical norm). However, such a categorization of requirements for pedestrian roads is not yet solved uniformly for the entire territory of the Czech Republic, even though CSN 73 6110 deals with sidewalks (functional group D roads). ). So far, this categorization is replaced only by seldom locally valid methodologies, manuals, or requirements and regulations in the town plans of individual cities. This paper aims to search for current approaches, legislative requirements, and approaches to addressing the width requirements for pedestrian roads in public space in the context of the classification of this area.

Derzhavnyi standart Ukrainy DSTU 4163:2020: novely ta problemy

According to public interest, caused by the entry into force on 01.09.2021 of the state standard of Ukraine DSTU 4163:2020 «State unified system of documentation. State unified documentation system. Unified system of organizational and administrative documentation. Requirements for execution of documents» this article is an author’s attempt from a professional point of view based on a systems approach to find out and evaluate the essence and significance of the innovations of this standard in relation to their impact on the preparation and execution of organizational and administrative documentation. Comparative analysis of DSTU 4163:2020 with its predecessor DSTU 4163:2003 in the research process was carried out, also a wide source base was used. The article presents comparative characteristics of the structural and semantic structure of these standards and the composition of the document’s requisite indicating statistical and semantic differences using a tabular form. According to the author, the text shows the most significant innovations that distinguish DSTU 4163:2020 from DSTU 4163:2003. Based on the principle of historicism, the article examines retrospective and modern normative-legal relations DSTU 4163: 2020, on the basis of which the author concludes that this standard is completely independent of the normative rudiments of Soviet office work, the full ability of the standard within its status to fully regulate the issue of execution of organizational and administrative documentation, accumulating the most modern requirements of current national legislation in combination with its own innovations. According to the author, one of the problems identified in the research process is the disregard in the standard of changes in the territorial organization of authority that took place in Ukraine in the process of decentralization of power. As a result, the rules of the standard ignore certain issues execution of documents by local executive state administrations and local self-government bodies, which are confirmed by the examples given by the author. The study revealed within this problem of the requisite composition of the forms of local state administrations and local governments contradictions of certain normative-legal acts, legislative unregulated use of forms with the image of the State Emblem of Ukraine, the name of the state and its names by local state administrations and local self-government bodies, as well as some other problems. According to the author, the solution of the problems revealed in the research process is possible in case introduction of the changes offered by it to specifically defined legislative and by-laws.

Análisis de buenas prácticas de fabricación en plantas procesadoras de leche de cabra en Cariri

The growing demand for safe food has resulted in a need for industries to adapt to established standards to ensure quality products that do not pose risks to consumers' health. There are several factors that can influence the quality of the milk and can make it an inappropriate product for human consumption, such as physical, chemical or biological factors that may contaminate the milk due to failures in obtaining, processing or shipping it. Thus, it is essential that food producing / industrializing establishments obtain excellent percentages of conformities about GMP's, which are measures that must be implemented by food industries in order to guarantee the necessary requirements for food production safe. The present work aimed to evaluate the application of Good Manufacturing Practices (GMP), in caprine milk processing units, in the Cariri region of Paraíba. Four processing units were visited, called A, B, C and D, and were checked for compliance with GMP standards. From the observational analysis carried out, it was found that, of the four establishments studied, only processing plants A and C were classified in group 1, being considered of low risk to food security, plants B and D, in turn, were classified in group 2, which offered a medium risk to food security. Non-conformities were observed in all five items on the list, in all establishments, being described flaws in buildings, lack of products related to personal hygiene, presence of pests within the industry, and mainly, non-compliance with some Operations Procedures Standardized. The present study demonstrated that plants B and D should improve their levels in relation to GMP's, both to meet the requirements of current legislation and to offer safer products to their consumers, in view of the large number of non-conformities observed in these establishments. It is also necessary to have a more effective inspection of the competent bodies to ensure that the establishments are adapted to all GMP's requirements, thus avoiding the risk of transmitting foodborne illnesses to consumers, waste of raw materials as well as financial losses for the establishment.

Concepts and types of funding of political parties

The article analyzes the doctrinal approaches to the definition of "financing of political parties", its relationship with such related concepts as "financial activities of the party", "financial support of political parties", "financing of political activities". While in the legislation of Ukraine there is no definition of the concept of "financing of political parties", in the scientific literature various interpretations of this concept are offered. Some approaches do not take into account the fact that the provision of funds to parties must take place in accordance with the requirements of current legislation, which establishes the procedure, limits and amounts of funding for political parties. Another disadvantage of these definitions is that they do not reflect the role of public authorities in relation to both the financing itself and in relation to the implementation of state control over the financing of political parties. Other definitions do not reflect the role of political parties themselves in their funding.
 The synthesis of the obtained results allowed to offer an improved concept of "financing of political parties" as carried out in the manner and within the statutory activities of political parties, public authorities, individuals and legal entities, aimed at providing political parties with financial and other resources subject to financial evaluation. and what political parties need to achieve their goals and objectives.
 It is necessary to distinguish between the financing of the current (statutory) activities of political parties and the financing of their participation in elections. At the same time, the study and comparison of political party funding through the prism of analysis of sources of such funding is more productive and allows a broader and more comprehensive consideration of the peculiarities of political party funding in individual countries through analysis of their legislation. Therefore, it is necessary to support the validity of the position on the division of funding of political parties into types depending on the source of funds (property): self-financing (entrance and membership fees, income from party property, income from illicit economic activities), private (private donations) and public funding of political parties

Development of a propolis collecting device

Propolis is a sticky resinous substance collected from buds, leaves, stems of wild plants and processed by bees, which has bactericidal properties and which they use to seal cracks in the hive, polish the walls of wax cells, embalm the corpses of enemies. The analysis of research and publications gives grounds to conclude that Ukraine has not yet paid sufficient attention to the conditions of propolis production. No devices or equipment to improve the process of production of safe and highquality propolis, which will meet the high requirements of regulatory acts on the quality and safety of food products and raw materials, are available today. Currently, apiaries use methods of collecting propolis, which require considerable human labor, are not economically efficient, and the resulting product does not meet the quality requirements of market operators. Therefore, there is a need to improve existing technologies for obtaining propolis, to ameliorate sanitary-hygienic conditions of production, to increase productivity and economic efficiency, mechanization, and automation of the production process. The goal of the present work was to develop a new propolis collecting device. The study was carried out as a part of the thesis research at the Department of Standardization and Certification of Agricultural Products of the National University of Life and Environmental Sciences of Ukraine during 2020-2021. A new propolis collecting device has been designed and manufactured. The design of the device shafts and the principle of mechanical cleaning of the grids from the propolis, laid down during its development, can be used to develop highly automated lines for cleaning the grids. The use of the device in industrial apiaries in countries with tropical and subtropical climates is possible by placing the device in honeycomb storage, if available, or in a manufacturing area equipped with air conditioning. For a good cleaning of the grids with propolis using the device, it is sufficient to cool the grids at a temperature of +5°C for 60-90 minutes, depending on the type of propolis. The device can be used at apiaries in Ukraine and in other countries where the production of propolis from bee colonies is carried out using elastic grids. The use of the device ensures the production of pure propolis without mechanical impurities, which meets the requirements of current legislation. The developed device is patented, a patent No. 139736 “Propolis collecting device”

Ensuring the confidentiality of information about a person involved in criminal proceedings: selected issues and solutions

The article highlights the problem of practical implementation of such a security measure that can be applied to participants in criminal proceedings, such as ensuring the confidentiality of personal information. It is analyzed the views diversity of investigators, prosecutors, judges and lawyers on the algorithm of application of ensuring the personal data confidentiality, on the issue of storage of resolutions (decisions) on the application of this security measure in criminal proceedings. The practice of conducting procedural actions in court with persons whose personal data have been changed is studied separately. The peculiarities of interrogation, identification with protected participants of criminal proceedings in the mode of videoconference and in a closed court session are studied. Previous attempts to solve this problem by developing a Model Instruction on conducting court proceedings with witnesses, victims and other participants in criminal proceedings, in respect of whom security measures have been taken, are considered. According to the analysis results of the domestic legislation on security of participants in criminal proceedings and identification of gaps, after conducting a survey of current investigators, prosecutors, judges and lawyers, the generalization of modern practice of criminal proceedings with the participation of protected persons is made. The purpose of this research is to formulate proposals for a unified and mandatory for all participants in criminal proceedings procedure for working with persons whose personal data are changed for security purposes at all stages of criminal proceedings. The expediency of enshrining at the bylaw level in a separate normative legal act an algorithm for carrying out procedural actions in court with participants in criminal proceedings, which would meet the requirements of current legislation, including the provisions of the Data Summary constituting a state secret, is substantiated.

Monitoring of gluten in meat and fish products

The global market of special foods has grown by 75 % in 2003–2008, that indicating a trend towards individualized diets and healthy lifestyles. Gluten-free foods are popular today due to the increase in the number of people with celiac disease and the general idea of healthy lifestyle. Thus, the production of such products increases due to the intensification of marketing activities. Because the only treatment for celiac disease is a lifelong gluten-free diet, people with this problem need to carefully read food labels for wheat, barley and rye, as well as so-called “hidden” gluten – barley-made malt and hydrolyzed vegetable protein (often contains wheat), as well as to exclude from the diet foods containing these cereals and select alternative foods for full life. However, given the number of people with individual gluten intolerance in Ukraine, the difficult economic situation and the high cost of gluten-free products, not every consumer with this problem can afford to buy certified specialized products labeled “gluten-free”. The aim of the research was to evaluate meat and fish products for gluten content. The article presents information of the results of monitoring gluten in meat and fish products (sausages, canned fish) from different regions of Ukraine by molecular genetic method for 2018–2020 using R-Biopharm diagnostic kits. According to the results of research, fish products that were not labeled “gluten-free” and were not certified as “gluten-free” met the requirements of current legislation of Ukraine and EU Regulation № 41/2009 on gluten-free products. Gluten was not detected in 29.4 % of meat products of various producers; 58.8 % of meat products contained gluten in trace amounts – less than 2 mg/kg; and 11.8 % of meat products contained gluten – more than 20 mg/kg. Prospects for further research are to monitor gluten in sweets and dietary products of domestic production and analyze the results of research on compliance with current legislation and safety for people with individual intolerance to gluten.

Regarding the use of special knowledge by an expert on legal issues in the criminal procedure of Ukraine

The article is devoted to the study of the feasibility of introducing the institute of expertise in the field of law in the domestic criminal process. The correlation and interrelation of special and well-known knowledge is analyzed. The content of special knowledge possessed by a forensic expert as a complex concept, including professional knowledge in the field of science, art, technology and craft, which are not publicly available and well-known, as well as certain skills and abilities how to apply them in order to obtain such a procedural source of evidence as an expert opinion. The peculiarities of the world experience of realization of the institute «amicus curiae» both in the countries of continental law and in the Anglo-Saxon legal system states are studied. It is noted that the subject and task of such expertise in foreign countries is the interpretation of legal norms in law enforcement practice, the establishment of compliance of certain legal facts with the current legislation requirements. The possibility of using legal knowledge by a forensic expert is determined, in particular, it is proposed the author's concept that the expert opinion on legal issues (as, in fact, the conclusion of a forensic expert) will not have an obligatory value, and its strength is in the rationality of arguments, reasoning of conclusions and proposals. It is noted that the opinion of a specialist in the field of law does not oblige to make a decision in favor of a particular participant in the process, but makes you think and motivate your actions, especially those participants in the process who are endowed with authority. According to the results of the study, it is substantiated that the involvement of legal experts in the domestic criminal process will be the key to making fair and reasoned decisions. The advantages and possible consequences of the legal expertise introduction of are highlighted, the relevant amendments to the CPC of Ukraine and recommendations for obtaining the status of a participant in criminal proceedings by a legal expert are proposed.

FEATURES OF FORMATION THE COSTS OF THE ORGANIC CROP PRODUCTS PRODUCTION

Improving the efficiency of agricultural production while reducing the anthropogenic load on the environment and natural resources can be achieved through the development of organic production as an alternative model of management. Unlike other methods of agriculture, organic production is based on the use of resource-saving technologies, minimization of mechanical tillage and eliminates the use of synthetic substances. The priority for organic agriculture is the use of materials and technologies that improve the ecological balance in natural systems and contribute to the creation of sustainable and balanced agro-ecological systems. The peculiarity of organic production is that the production, processing, packaging and storage of products are subject to certification by the relevant authorized institutions. The lack of own national standards for organic products necessitates certification with the help of international standards and national standards of other countries. Under such conditions, the products obtained are exported mainly to the countries of jurisdiction of the companies that have authorized the relevant certification bodies. In addition, the development of domestic organic production is complicated by the underdevelopment of the regulatory framework. Organic production allows implementing the concept of balanced development of the agricultural sector on the basis of socio-economic, natural resource balance and aims to provide society with safe and quality food, as well as preserving and improving the environment. The main goal of an organic agricultural enterprise, along with the production of organic products and meeting consumer demand, is to maximize profits. Profit generation is a continuous process that includes a set of actions to ensure the coordination of income and expenses of the enterprise in order to obtain and maximize their positive balance. Costs are the main limiter of profit and at the same time the main factor influencing the supply of organic products. The lack of developed standard documents for accounting for the costs of production of organic crop products necessitates the independent formation of a package of primary documents by business entities. At the same time, the standards of organic production, the requirements of current legislation on the production, circulation and labeling of organic plant products, the technology of its production must be taken into account. When determining the cost items, it is necessary not only to competently form their structure, but also to give comprehensive characteristics of the composition of each item. This is especially true of the specific costs of organic production. The use in practice of accounting for the proposed nomenclature of cost items will allow differentiating the costs provided by the technological conditions of organic production and allowed by law and the costs of which there are certain restrictions. This, in turn, will improve the information support of the control function of organic production management and provide an opportunity to reasonably calculate the cost of organic crop production.

The modeling of an innovative educational institution «Multidisciplinary training and rehabilitation center»

The article deals with the modeling of an innovative educational institution Multidisciplinary and in the context of the realization of its strategic purposes. The meaning of the terms professional rehabilitation, training apartment, and sports rehabilitation has been clarified. The urgency of creating the organizational structure of the educational institution is substantiated: early intervention department, preschool department, special school, and special classes for children with special educational needs, boarding school, department, inclusive education support center, summer health center, and summer parenting school, a service center with the use of Apartment technology. Mechanisms for the adoption of the European experience of using the Apartment technology have been revealed. It will protect the rights and interests of students with disabilities to live independently and will promote, in the future, their effective involvement in the life of the local community. The technological aspect of creating an innovative educational institution Multidisciplinary Training and Rehabilitation Center is described, considering the requirements of current legislation and in the context of implementing the National Strategy for reforming the system of institutional care and education of children for 2017-2026. The experience of practical implementation of the results of the author's research on this issue is outlined.

ВИПЛАТИ ПРАЦІВНИКАМ ПІДПРИЄМСТВА: ОБЛІК, ОПОДАТКУВАННЯ ТА КОНТРОЛЬ

The purpose of the article is to substantiate and disclose the features of accounting, taxation and control of payments to employees of the enterprise, taking into account legislative changes. The relevance of the topic is that wage is the basis of social and labor relations of different categories of persons: employees, employers and the state. It fills social funds through tax payments, the basis for which is the payment of employees of the enterprise. The theoretical and methodological basis of the study is fundamental principles of modern economic theory, the scientific work of scientists. Methods used in the article: theoretical analysis and synthesis of the test material, social and qualitative research methods. The essence and structure of payments to employees of the enterprise in accordance with national and international standards of accounting and financial reporting are studied. The components of payments to employees within the enterprise in accordance with PSBA 26 "Payments to employees" are considered. These are current payments, dismissal payments, post-employment payments, payments of equity instruments of the enterprise, other long-term payments to the employee. Accounting accounts used for accounting and taxation of payments to employees at the enterprise are highlighted. The types of tax payments that are made on payments to employees of domestic business entities in accordance with the requirements of current legislation are described. They are the single contribution to the compulsory state social insurance, personal income tax, military tax. The information regarding changes of normative-legal maintenance of taxation of payments to employees of the enterprise is reviewed. It is proposed to carry out control procedures for payments to employees within the enterprise in order to obtain reliable information for management decisions aimed at correcting the negative consequences of violations of labor legislation, their prevention and avoidance in the future. The obtained research results deepen the theoretical aspects of accounting and control of payments to employees of the enterprise, as well as provide an opportunity to take into account significant changes in regulatory and legal support for their taxation under the new requirements.

The problems of professional training of mediators in Russia

The object of this research is the professional training of Russian mediators within the framework of Master's Degree and vocational education. The subject of this research is the organizational and methodological problems of training and professional becoming of mediators, substantiated by the specificity of current legislation in this field, as well as the established practice of professional training. Application of general scientific methods allows examining the requirements of current Russian legislation in the sphere of professional training of mediators, comparing with the fundamental changes proposed in the draft law of the Ministry of Justice of the Russian Federation, and relevant practice. The author outlines the key vectors of professional training of future mediators offered by the Russian universities in the Master's Degree program. Based on the critical analysis of research and empirical methods (expert evaluation, survey), the authors determine the key personal and professional characteristics of the mediator, essential for successful their successful activity. The novelty of this work lies in drawing parallels between the requirements to professional training of mediators in the current legislation and according to the new draft law; as well as in the analysis of peculiarities and difficulties of professional training of mediators within the framework of the Master's Degree program “Mediation in Social Sphere” and competences that are considered of prime importance. The authors underline the need for raising requirements to the process of professional training of mediators, and their legislative consolidation. The top results can be achieved by acquiring basic legal or psychological education, as well as completion of the basic course of mediation prior to the advanced training.

«Розумні контракти» (смарт-контракти) як новий виклик для права в умовах глобалізації

The article defines the theoretical and legal content of the category of "reasonable contracts", outlines the concepts and basic forms of implementation of contractual obligations without enforcement. Based on the modern global paradigm of legal development, smart contracts are defined as contracts that are technologically secured in such a way that allows the parties to guarantee bilateral performance of contractual obligations without recourse to enforcement means, including judicial protection of violated right. It is noted that such a definition requires inclusion in the current civil and economic legislation, taking into account the actual existence in public relations of such contracts in the form of vending machines and other technically possible practical forms and models, as well as taking into account the real possibility of reducing the hypothetical costs of the parties to the contract for judicial consideration of the case. It is determined that in the context of modern social processes, self-help is not a fundamentally new phenomenon, since people regularly act independently before referring to the official legal system. So, over the past few years, a group of innovators have begun to develop computer technologies that have led to the emergence of a fundamentally new area of legal regulation in contract law, such as so-called "reasonable contracts" or smart contracts. From a teleological point of view, their purpose is to allow the parties to such a contract to ensure that they have reached an agreement to increase the cost of any violation by an appropriate amount. Smart contracts are defined as agreements in which conditions are executed automatically, usually using computers. Such contracts are intended to ensure execution without going to court. Automation ensures productivity by eliminating the human factor from contract execution. One example of a smart contract is a vending machine. If the machine is working properly and money is inserted into the machine, this will automatically execute the purchase and sale agreement. It is noted that such a contract does not create any legal problems if the machine will issue soda or coffee, but legal issues arise if the machine can issue, for example, narcotic drugs. So, there is a problematic question of the legality and expediency of legislative prohibition of such automatic means due to the theoretical possibility of their use for illegal purposes, or, conversely, their legalization and normalization by the requirements of current civil legislation.

ОСОБЕННОСТИ СОВРЕМЕННОЙ СИСТЕМЫ ИПОТЕЧНОГО КРЕДИТОВАНИЯ В РОССИЙСКОЙ ФЕДЕРАЦИИ

The article examines the process of mortgage lending in the Russian Federation, which, according to the authors, contributes to increased competition between market participants, which allows to optimize and im-prove the banking mechanism, reduce inflation and increase customer focus on banking products. It is noted that the use of the tool not only improves the social situation, but also contributes to additional activities in the construction sector, financial, insurance market, thereby increasing the investment attractiveness of the coun-try as a whole. The understanding of the term, the relationship with financial and economic relations, as a collaboration: a bank, a borrower, a financial institution is presented. The principles of housing mortgage lending and their implementation in the conditions of the Russian market are disclosed. The classification, types of mortgage lending, orientation and programs, taking into account the differentiation of clients, interest rates and social orientation, are generalized. The second part of the article is devoted to hedging risks and the reasons for their occurrence as a result of inconsistency with the nature and scale of the credit institution's activities, the requirements of the current legislation and violations in the banking sector.