Separation Law Research Articles

The Essence of Restorative Justice in the Development of Indonesian Law

Objective: This study aims to explore the essence of Restorative Justice within the framework of Indonesian legal development. It seeks to understand how Restorative Justice principles are integrated into the Indonesian legal system, assess their impact on law enforcement and justice outcomes, and provide policy recommendations for enhancing their implementation. Theoretical Framework: The theoretical framework of this research is rooted in Restorative Justice principles, emphasizing the repair of harmed relationships and the involvement of all stakeholders in conflict resolution. By adopting a normative legal approach and utilizing a case law methodology, this study analyzes the compatibility of Restorative Justice principles with Indonesian legal norms and evaluates their application in resolving legal cases. Methodology: This research delves into Restorative Justice within Indonesian law by analyzing judicial decisions, legislative reforms, and historical precedents. It employs normative legal analysis, utilizing Restorative Justice principles to examine applicable norms and their implementation in resolving legal cases. Through a case law approach, the study aims to uncover the essence of Restorative Justice in Indonesian legal development. By scrutinizing judicial decisions, legislative reforms, and historical precedents, it seeks to demonstrate how Restorative Justice principles can be effectively integrated into the Indonesian legal system and assess their impact on law enforcement and justice outcomes. The research aims to contribute to a deeper understanding of Restorative Justice and provide evidence-based policy recommendations to enhance its implementation, considering both normative aspects and empirical observations from the field. Results and Conclussion: Restorative Justice as an approach can realize legal compliance, justice and legal expediency simultaneously, therefore it is important for Indonesia to establish a special law regulating Restorative Justice. This will provide a solid and clear legal framework for the application of this concept in the justice system. With a specific law, there will be more detailed guidance on how Restorative Justice can be implemented effectively and equitably across law enforcement agencies In addition, this law can also strengthen Indonesia's commitment to making Restorative Justice a mainstream approach in law enforcement, creating a justice system that is not only fair, but also equitable for all parties involved in the process. Thus, by regulating Restorative Justice through a separate law, Indonesia affirms its position as a leader in building a justice system based on human values and universal justice.

Approaches to Determining the Law of a Constituent Entity of the Russian Federation That Establishes Regional Tax Exemptions: The Experience of the Siberian Federal District

The article notes that when the state authorities of the constituent entities of the Russian Federation exercise the powers to establish tax exemptions for regional taxes they are significantly limited by the provisions of federal legislation. The Tax Code of the Russian Federation establishes an exhaustive list of powers of regional authorities, but in terms of exemptions for regional taxes, it provides the constituent entities of the Russian Federation with the opportunity to determine independently the list of taxpayers and the amount of exemptions. At the same time, the form of the legal act is predetermined (the law of the subject of the Russian Federation), but the region has a choice of their number and subject of legal regulation. A comparative analysis showed that the constituent entities of the Russian Federation included in the Siberian Federal District use different approaches. In most of them, exemptions are established in several laws, each of which is dedicated to a separate regional tax. At the same time, there is an example of the establishment of tax exemptions by a single tax law. There are also examples of the introduction of additional tax exemptions for certain categories of taxpayers by independent regional laws, along with general tax exemptions established by the law on a specific tax. The author concludes that all indicated approaches do not contradict federal tax legislation. It is noted that earlier in the regions there was a practice of regulating the procedure for making a decision on the introduction of tax exemptions by separate laws, but today this issue is being resolved by assessing their effectiveness and is regulated at the by-law level, which does not contradict the procedure for establishing and introducing tax exemptions. Finally, it was concluded that a meaningful analysis of various approaches to establishing tax exemptions in the regions included in the Siberian Federal District did not reveal differences in the issue of internal systematization of tax exemptions, since they are set separately for each tax. However, in some regions there has been a tendency to systematize tax exemptions by categories of taxpayers. The use of various approaches is due to the goals of regional legal regulation and does not exclude further systematization of tax exemptions.

Traction–separation law for bridged cracks at immiscible polymers interface

A traction–separation law for bonds at cracks bridged zones at immiscible polymers interface is developed. It is assumed that bonds at the crack bridged zone between different polymers are formed by bundles of the polymer molecules–promoter of adhesion. It is taken into account that molecules of the polymer-promoter can form one-stitch and many-stitch bonds between polymers. Nonlinear deformation curves of bonds at the crack bridged zone were obtained on this basis. The model of different materials joint with bridged interface crack is used to simulate immiscible polymers adhesive bonding. The system of singular integral-differential equations is applied for evaluation of bonds traction for the polymers interface bridged crack. The analysis of the bond traction–separation law parameters influence on the numerical iterative solution convergence of the integral-differential equations system has been performed. Evaluations of the polymer joint fracture toughness were performed using the non-local two-parameter criterion for quasi-static growth of bridged cracks.

EVOLUTION OF THE PUBLIC PROCUREMENT SYSTEM IN POLISH LAW

The research purpose of this paper is to present the genesis and evolution of public procurement in Polish law, i.e. the 3 variants in which public tasks were (and are) carried out in Poland. Currently, each of these 3 variants is defined by a separate law. Together, these laws form the public procurement system. However, in order to better understand the legal institutions currently operating within this system (public procurement law, public-private partnership law and the law on concessions for works or services), it is worth tracing their pedigree and analyzing the development cycle of these legal institutions in Polish law. Especially in the context of the socio-economic changes taking place in Poland over the past 100 years. This experience will allow a better understanding of some currently existing legal constructions within the legal institutions presented in the study. The dominant research method used in the article is the historical-legal method.

Parading the eyewitness: Caste atrocity and the Test Identification Parade

The study of the Test Identification Parade (TIP) within Indian evidence law must be contextualised considering the intensification of atrocities and brutalities against oppressed caste communities in India. Despite the existence of a separate law – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – to adjudicate caste-based atrocities, its implementation has been met with severe obstacles. Studying how evidentiary practices encounter the Act reveals how the law of evidence, too, participates in the playing out of a caste crime. It is in this regard that the discussion surrounding the Test Identification Parade must be infused with a political character, surfacing the power relations and structural aspects surrounding testimony and memory within crimes. Through the TIP, evidence law constitutes the nodal site upon which the dominant caste police and judiciary collude to deprive marginalised castes of just outcomes. This piece examines the jurisprudence of the TIP in caste atrocities judgments, in order to investigate the various ways in which the law plays out a caste atrocity.

Features of state regulation of defense procurements

The article is devoted to the consideration of state regulation in the field of public procurement, in particular in the defense-industrial complex. The main law defining the basic principles and mechanisms of procurement is the Law of Ukraine «On Public Procurement». However, during the period of martial law, many changes were made in the procedures and mechanisms of public procurement, changes were already made more than once, through the adoption of separate laws and by-laws. The article analyzes the peculiarities of the application of public procurement mechanisms in certain sectors of the economy, in particular the defense-industrial complex. The necessity of modernization and improvement the procurement procedures for successful and effective compliance with the principles of competition and overcoming corruption, and other principles stipulated by legislation, is argued. Mechanisms for conducting procurement procedures are analyzed as one of the key elements of increasing the effectiveness of state economic policy, which is based, in particular, on the principles of fair competition, openness and transparency, non-discrimination of participants, objectivity and impartiality of evaluation of tender offers.
 It is substantiated that it is important to borrow international procurement experience to ensure compliance of national legislation with EU legislation. The issue of ensuring the appropriate level of defense capability of Ukraine in the conditions of countering full-scale military aggression on the territory of Ukraine by the Russian Federation is quite acute. A pressing challenge now is to ensure the rational spending of budget funds and the effective functioning and development of the state defense procurement system. It has been proven that the mechanism for the redistribution of budget funds should have the most transparent order of organization and the order of execution of the concluded procurement contract, which in the case of defense procurement involves reducing the number of closed procurements, excessive secrecy, increasing competitive procedures in the procurement of imported products and services, further improving pricing, canceling profit limits, accounting for inflation and life cycle cost.
 It is argued that consideration of physical, economic and informational security requirements is extremely important. It is about compliance with the principles of protecting customers from military threats, ensuring the simplification of public procurement by reducing the terms of the procurement procedure and simplifying the requirements for procedure participants, the effectiveness of the procurement process and the efficiency of the use of funds, primarily through the involvement of domestic entrepreneurs in tenders and ensuring the development of the domestic market, stability and defense capability.

An experimental study into the degradation of elastic, plastic and fracture properties of a pre-corroded ductile material at elevated temperatures

Carbon steel is one of the most commonly used engineering materials. However, the mechanical properties of steel deteriorates due to exposure to harsh environments like corrosive surroundings and high temperatures. Extensive studies have been done to understand the exclusive effect of corrosion and high temperatures on tensile and fracture properties, although their combined effect has not been addressed. The present work aims to experimentally investigate this by conducting tensile and fracture tests at elevated temperatures on pre-corroded ductile steel. Pre-corroded steel was considered with corrosion levels up to 55%. Empirical relationships were established to quantify the degradation in tensile and fracture properties. An unloading compliance approach using a single specimen was utilized to determine the J-integral fracture toughness and also establish traction separation relation for mode I. The results reveal that the combined influence increases the degradation in fracture toughness, but it restricts the degradation in tensile properties.

Fundamental principles of Roman law and their relation to legal argumentation

Modern philosophy of law defines the principles (foundations) of law as the initial conditions of law, the determinants of its content, on which law relies and which constitute its foundation. At the same time, most European countries use ancient Roman legal formulas in their modern legal systems, which evolved into maxims and became the basis of modern positive law in the form of principles. The establishment of general legal principles, concepts/ constructions is reflected in the legislation, doctrines and case law of most countries. In this article, we focused on the values and concepts formulated in the 1930s by the novelist and legal historian F. Schultz, including the principle of isolation/abstraction, the principle of simplicity and tradition, the principles of freedom and authority, the principle of humanity, the principle of loyalty/ good faith, the principle of security, and some others. These principles continue to be researched by Ukrainian and foreign scholars who supplement this list and study their impact on the legal systems of Ukraine and other countries.
 We emphasize that the principles were not formulated by Roman lawyers, for example, in the preamble to their own works or in a separate law or legal document. Roman law was casuistic, it mainly consisted of decisions made in individual cases. This is related to the peculiarities of legal argumentation in ancient Rome, which had a dual nature. On the one hand, they were determined by the rules of law, and on the other hand, they reflected a system of filling gaps in legal relations by applying the principles of law and the oratory techniques of lawyers of that time.
 Modern legal scholarship has tried to find and argue for the existence of general principles of Roman law development as a basis for making specific decisions, or because Roman lawyers sometimes used certain terms and concepts on which their decisions were based.

Study on the separation and mixing laws of wide-grained dense medium in vibration separation fluidized bed

Vibro-fluidized dry coal beneficiation involves the unavoidable mixing of −1 mm coal dust into a fluidized bed, which compromises the stability and homogeneity of the bed density and reduces the effectiveness of fine-grained coal separation. To understand the features of coal powder separation and mixing (-1 mm) in a vibrating fluidized bed, as well as to achieve a uniform and stable bed density, a wide-grained dense medium consisting of −1 mm coal dust and 0.3–0.15 mm magnetite powder was homogeneously mixed in this work. The degree of density separation in the entire bed and the local mixing properties of the wide-grained dense medium were examined. It was discovered that when low vibrational energy was introduced at the same air velocity, particle separation was enhanced compared to the usual fluidized bed. Small bubbles were found to ensnare fine coal dust and migrate upwards, increasing the density separation. The introduction of high vibrational energy led to particle disorder within the bed and an increase in the level of particle mixing. The beneficial effects of the vibration on the bed diminished when the air velocity was gradually increased under the specified vibration conditions. This caused large bubbles to develop more frequently, which increased particle mixing. The 1–0.5 mm fine-grained coal exhibited the best mixing state; it was less affected by variations in air velocity and vibration levels, whereas the −0.5 mm coal dust was more affected by each variable. Furthermore, the particle system achieved a wide range of air velocity regulations without a significant segregation state change under the vibration conditions of f= 25 Hz and A=1 mm and f= 25 Hz and A=2 mm.

Legal problems of the production of agricultural raw materials for baby food

The article analyzes modern legal problems of the production of agricultural raw materials for baby food in Ukraine, taking into account the latest legislative changes in the field of baby food production, organic agricultural production, state control over the use of genetically modified organisms in the manufacture of food products.
 It has been established that the improvement of the legislation in the field of child nutrition should be carried out by making amendments and additions to the Law of Ukraine «On Child Nutrition» in order to bring its prescriptions into line with EU requirements, and not to cancel the specified special Law. Given the specifics of baby food and the importance of guaranteeing its quality and safety, replacing a separate special law with one article in the Law of Ukraine «On Basic Principles and Requirements for the Safety and Quality of Food Products» is hardly expedient.
 Taking into account the specific legal nature of a personal peasant economy, the author proves that persons who run such an economy can produce raw materials for baby food products, subject to compliance with legal requirements for the quality and safety of such raw materials. Based on the latest legislative changes in the field of legal provision of biosafety of Ukraine, the article proposes to legislate the possibility and necessity of using organic agricultural products as raw materials for baby food before creating an effective system of state control in the field of use and circulation of genetically modified organisms.
 In order to ensure the constitutional right of the child to sufficient, high-quality and safe nutrition, the author considers it expedient to conduct in-depth scientific research on these issues and make appropriate scientific conclusions and recommendations on improving the current legislation in this area, taking into account the requirements of EU legislation on the adaptation of the national agricultural, food, environmental and other legislation regarding the production of agricultural products for baby food.

Raster approach to modelling the failure of arbitrarily inclined interfaces with structured meshes

This paper presents an approach to evaluate the failure of arbitrarily inclined interfaces using FE models with structured spatial discretization, providing accurate prediction of crack propagation along paths known a priori that are not constrained to the element boundaries. The combination of algorithms for the generation of structured discretization of representative polycrystalline microstructures with novel cohesive element formulations allow modelling the failure of complex topologies along rasterised boundaries, with noticeably higher computational efficiency and comparable accuracy. Two formulations of raster cohesive elements are presented, adopting either elastic-brittle or Tvergaard–Hutchinson traction separation laws. The formulations proposed are first validated comparing the failure of the interface within bi-crystal structures discretised using hexahedral elements either within a structured mesh (i.e. with rasterised boundaries) or an unstructured mesh (i.e. with planar boundary). Subsequently, the effectiveness of the formulations is demonstrated comparing the inter-granular crack propagation within complex polycrystalline microstructures. The behaviour of the novel cohesive element formulation in structured meshes consisting of regular hexahedral elements is in excellent agreement with the deformation and failure of classic cohesive element formulations placed along the planar boundaries of unstructured meshes consisting of tetrahedral elements. The higher computational cost of the raster cohesive elements is more than compensated by the increase in computational efficiency of structured meshes when compared to unstructured meshes, leading to a reduction of the simulation time of up to over 200 times for the simulations presented in the paper, thus allowing the simulation of large domains.

Административно-правовое регулирование миграционных отношений в сфере внешней трудовой миграции

The globalisation of factors of economic development, the development of world economic relations is manifested, in particular, in the formation of the international labour market, stimulating the growth of external labour migration. These processes fully affect Russia and sharply actualise the need to improve legal regulation, a new level of institutional interaction of public administration bodies at the federal and regional levels on the regulation of external labour migration flows. The necessity of developing the concept of external labour migration is proved, which requires a systematic approach based on the “reverse” dichotomous analysis, which makes it possible to consider external labour migration as a single socio-legal phenomenon consisting of relatively autonomous, but organically connected outbound and inbound labour migration flows. Ensuring the national interests of Russia involves the search for an effective administrative and legal mechanism for the implementation of state policy in the field of external labour migration, developing in the unity of closely related outbound and inbound labour migration flows. The imperfection of migration legislation in the field of external labour migration requires its codification, development and adoption of a separate federal law “On external labour migration”.

Using Machine Learning and Finite Element Analysis to Extract Traction-Separation Relations at Bonding Wire Interfaces of Insulated Gate Bipolar Transistor Modules.

For insulated gate bipolar transistor (IGBT) modules using wire bonding as the interconnection method, the main failure mechanism is cracking of the bonded interface. Studying the mechanical properties of the bonded interface is crucial for assessing the reliability of IGBT modules. In this paper, first, shear tests are conducted on the bonded interface to test the bonded interface's strength. Then, finite element-cohesive zone modeling (FE-CZM) is established to describe the mechanical behavior of the bonded interface. A novel machine learning (ML) architecture integrating a convolutional neural network (CNN) and a long short-term memory (LSTM) network is used to identify the shape and parameters of the traction separation law (TSL) of the FE-CZM model accurately and efficiently. The CNN-LSTM architecture not only has excellent feature extraction and sequence-data-processing abilities but can also effectively address the long-term dependency problem. A total of 1800 sets of datasets are obtained based on numerical computations, and the CNN-LSTM architecture is trained with load-displacement (F-δ) curves as input parameters and TSL shapes and parameters as output parameters. The results show that the error rate of the model for TSL shape prediction is only 0.186%. The performance metric's mean absolute percentage error (MAPE) is less than 3.5044% for all the predictions of the TSL parameters. Compared with separate CNN and LSTM architectures, the proposed CNN-LSTM-architecture approach exhibits obvious advantages in recognizing TSL shapes and parameters. A combination of the FE-CZM and ML methods in this paper provides a promising and effective solution for identifying the mechanical parameters of the bonded interfaces of IGBT modules.

Adoption of the law on combating human trafficking � A new milestone in the development of the legal policy of the Republic of Kazakhstan

Relevance. The relevance of the article is due to the need to study the problems of forming a legal policy to combat human trafficking, and subsequently to create an effective legislative regulation of this area. Purpose. The purpose of the article is to assess the legal policy, as well as the legal status in the field of legislative regulation of combating human trafficking in the Republic of Kazakhstan and to analyse the draft law developed in this area. Methodology. Such methods as dialectical, comparative legal, method of induction and deduction, analysis and synthesis, and functional method were used to achieve this goal. Results. The peculiarities of the formation of a new legal policy in the field of combating human trafficking are revealed. The connections of the legal policy of combating human trafficking in the Republic of Kazakhstan with other areas of state policy are characterized. The article considers problems of forming a global legal policy to combat human trafficking, which is recognized as transnational organized crime. Scientific provisions are formed to improve the legal policy in the field of combating human trafficking. The particular importance of the need to modernize the legal policy and adopt a separate law on combating human trafficking is emphasized. Conclusions. The conclusions obtained in the article develop criminal law science, criminal political science and contribute to the solution of practical issues regarding the prevention and suppression of human trafficking. Keywords: forced labor; human exploitation; legislation; crime victim; illegal migration

Keabsahan Pendaftaran Kapal sebagai Objek Jaminan Hipotek

Mortgages with collateral as collateral for ships are one of the credit agreements that support business activities in the current era of globalization and free trade. Ship mortgages can of course also support business activities in Indonesia because it is an archipelagic country which, when distributing goods between one island and another, uses ship transportation facilities. However, in Indonesia there is no separate law that regulates mortgage guarantees, so legal protection for creditors is very lacking because the mortgage regulations in BW are in practice less relevant for the increasingly rapid development of the business world. In particular, legal protection regarding the execution of mortgage guarantees if the debtor defaults is deemed to be very lacking. Therefore, the Notary as an official authorized to make a mortgage deed must truly understand his duties in order to achieve justice and legal protection for the parties contained in the mortgage agreement deed.

Legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine)

The legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine) is considered. The legal aspects related to the change of the existing system of radiation protection of a person from the impact of ionizing radiation, which is based on the approach - «practice» and «intervention», to the modern European system of radiation protection, which is based on situational analysis and the key concept of the updated system, have been studied. what is the exposure situation, which is defined as one of three situations: planned situation, emergency exposure situation, existing exposure situation.
 According to the results of the study, the need for a comprehensive approach to the implementation of EU legislation in the legislation of Ukraine «on the example of the Council Directive 2013/59/Euratom» is substantiated. In particular, we believe that it is advisable to do this by one separate law, and not in parts, since without the implementation of the main provisions, the implementation of individual provisions leads to problems with their implementation. In our opinion, the Government of Ukraine should develop an «autonomous road map» for each EU directive, the implementation of which concerns the field of activity of more than one public administration body in the field of nuclear energy use, since some provisions of the Directive are not included in the draft laws on implementation, as they belong to spheres of administration of another state administration body. At the same time, aspects of the extensive legislation regulating relations regarding liquidation of the consequences of the Chernobyl accident should be reflected, in particular in the part of radiation protection, which cannot be reflected in the Directive, but belong to the scope of its regulation. Thus, it will simultaneously allow internal harmonization of legislation and avoid the situation of double interpretation of legislation, will contribute to overcoming contradictions, collisions and gaps in the current legislation of Ukraine.
 In some cases, it is important to carry out the synchronous development of other basic regulatory documents, in particular, new Radiation Safety Norms in order to make a harmonious transition from the existing to a new system of radiation protection of humans against the effects of ionizing radiation. In the future, this will contribute to a more successful systematization and harmonization of the entire array of normative legal acts of nuclear legislation in Ukraine.

Alat Bukti Elektronik dalam Penanganan Tindak Pidana Kepabeanan

This article will explain that international trade is part of the customs system and takes place in the customs area. Customs is a special type of crime that is regulated by a separate law outside the Criminal Code. Customs is a special criminal offense regulated by law outside the Criminal Code (KUHP). This special customs criminal law is regulated in a separate law outside the general criminal law contained in the Criminal Code. This special criminal offense is regulated in law outside of general criminal law separately, and rapid progress in the field of information and communication technology has led to the development of modern transactions via electronic media. Advances in information and communication technology, which have led to the development of modern transactions via electronic media, in connection with increasingly rapid technological advances, will of course give rise to a new social order. Recognized evidence (KUHAP) of course also makes digital or electronic evidence difficult to accept, as well as proving the defendant's guilt on the grounds that digital evidence has not been fully regulated in the Criminal Procedure Code (KUHAP), forms of action that can be categorized as criminal acts in the field of customs, and the legal force of proof using electronic evidence. This research uses normative methods, namely, conducting research on problems through an approach to legislation by examining statutory regulations.

Alat Bukti Elektronik dalam Penanganan Tindak Pidana Kepabeanan

This article will explain that international trade is part of the customs system and takes place in the customs area. Customs is a special type of crime that is regulated by a separate law outside the Criminal Code. Customs is a special criminal offense regulated by law outside the Criminal Code (KUHP). This special customs criminal law is regulated in a separate law outside the general criminal law contained in the Criminal Code. This special criminal offense is regulated in law outside of general criminal law separately, and rapid progress in the field of information and communication technology has led to the development of modern transactions via electronic media. Advances in information and communication technology, which have led to the development of modern transactions via electronic media, in connection with increasingly rapid technological advances, will of course give rise to a new social order. Recognized evidence (KUHAP) of course also makes digital or electronic evidence difficult to accept, as well as proving the defendant's guilt on the grounds that digital evidence has not been fully regulated in the Criminal Procedure Code (KUHAP), forms of action that can be categorized as criminal acts in the field of customs, and the legal force of proof using electronic evidence. This research uses normative methods, namely, conducting research on problems through an approach to legislation by examining statutory regulations.

Juridical Reviewcyber Law On Developmentfintech In Indonesia

Objective: Technological developments in the digital era are something that cannot be avoided. These significant changes have occurred in the financial industry throughout the world, including in Indonesia. Financial technology or in another language equivalent is financial technology (Fintech) as a result of exposure to technology is a new thing in Indonesia that continues to develop rapidly. This is because financial technology makes it easier for people to carry out transactions safely and more efficiently. In connection with these benefits, there are also other negative things, one of which is related to cybercrime (cyberlaw). Methods: By using normative juridical methods with secondary sources, this paper concludes that the government does not yet have a separate law related to financial technology regulations, but the substance regarding technological developments can be found scattered in other regulations and an approach to introducing cyber law is needed. towards business people and the wider community so as to create a legal function, namely as legal certainty and justice. Results: This development is accompanied by the development of the world of crime in the world of technology, namely cybercrime. This crime is a transnational crime and requires a more comprehensive approach to tackling this crime. In positive law, regulations related to cybercrime are regulated in Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronics and updated in Law No. 1 of 2023 concerning the Criminal Code. However, the provisions regarding cybercrime in this law are not accommodated holistically. Suggestions: It is necessary to create a separate law regarding fintech which regulates cybercrime. It is necessary to regulate consumer protection accompanied by criminal sanctions whose elements regulate from upstream to downstream related to financial technology. Regulations at the statutory level provide legal certainty because in theory the hierarchy of statutory regulations has a higher status than regulations regarding fintech which are only regulated at the institutional regulatory level. Regulations at the statutory level also avoid overlapping regulations between state institutions, thereby creating legal certainty for fintech business actors.

Direction with the discovery of legal control in the field of support for rare types of entrepreneurial activity

Within the framework of the article, an analysis of the current state of legal support in the field of support for certain types of entrepreneurial activity was carried out and ways for further development of legislation in this area were proposed. An assessment is made of the current preferential legal regimes for conducting certain types of entrepreneurial activity. In particular, the author focuses on special economic zones, industrial (industrial) parks, a special investment contract and territories of advanced socio-economic development. The problems of each of the considered legal regimes are indicated. Based on this, theoretical proposals are formulated aimed at optimizing and increasing the efficiency of the entire system of measures to support individual sectors of the economy. These theoretical proposals are based on a single conceptual model of legal regulation of preferential regimes for doing business. The basis of the new conceptual model should be a separate Law on preferential regimes for doing business. Within the framework of this normative act, the preferential legal regimes that are currently quite fragmented in relation to each other will unite into a coherent and orderly system of tools to support certain areas of entrepreneurial activity.