Special Legal Regulation Research Articles

Правовые механизмы и инструменты повышения внутренней устойчивости экономики Республики Беларусь

Improving the internal stability of the economy is one of the leading tasks of public policy in most countries. The Republic of Belarus is continuously actively searching for effective legal mechanisms and tools aimed at creating favorable conditions for stable economic growth and improving its qualitative characteristics. Purpose. The author's aim is to determine effective legal mechanisms and tools to increase the internal stability of the economy of the Republic of Belarus, based on the essential content and causes of the economic crisis. Methodology. The research is based on general scientific and private scientific methods: dialectical, formal-logical, system-structural, terminological; general logical methods. Results. The study allowed us to reveal the concept of economic stability, the prerequisites of crisis situations, to identify legal mechanisms and tools to increase the internal stability of the economy, to develop practical recommendations for their implementation. Conclusion. The choice of legal tools for improving the internal stability of the economy directly depends on the causes, scale, direction and duration of the crisis situation. In order to effectively solve the problems of countering economic collapses, it is proposed to consider the possibility of switching to special legal regulation to streamline relevant public relations and adopt an anti-crisis law of a model nature at the national level, fixing a single procedure for actions in conditions of economic turbulence.

Settling cross-border disputes of a private law nature as part of the legal regulation mechanism

Private legal relations with a foreign element require specific legal regulation, highlighting the immediate need for an effective resolution mechanism. The article explores the interconnection and interaction of the various components within the legal regulation mechanism, which is conceptualized as a complex and multifaceted system. This system encompasses the rulemaking, the implementation of legal rules and the utilization of state coercion in instances of non-compliance. The authors made an effort to determine the distinct features of the settlement process for cross-border disputes of a private law nature, which constitutes an essential component of the legal regulation mechanism. The article consistently covers the challenges that arise when law enforcement officers address the international treaties and customs, select an appropriate legal order and apply foreign law if conflicts-of-laws rule refers to it. Particularly, such institutions of private international law as “the problem of qualification of legal concepts”, “remission” and “transmission”, “preliminary question” were analyzed. Special emphasis is given to the challenges encountered by law enforcement officers when determining the content of foreign law, which has been chosen as applicable following the resolution of a conflict of laws. Despite the various methods offered by the legislator to determine the content of foreign law, practical evidence reveals persistent challenges arising from the ambiguity surrounding their sequence and extent of application. In certain instances, the application of foreign law may be accompanied by substantial limitations, either due to their inapplicability based on the contradictions with the public order of the state, or the existence of directly applicable rules of a super-imperative nature in the law of the court’s country.

EKSPЕRTIZA TAYINLASH VA O‘TKAZISHDA SHAXS HUQUQLARINI TA’MINLASH

Development strategy of the new state program of Uzbekistan in the direction of “turning the principles of justice and the rule of law into the most basic and necessary conditions for development” – improvement of criminal procedural legislation, equality of all citizens before the law in accordance with the Constitution of the Republic of Uzbekistan and the Code of Criminal Procedure in order to ensure the implementation of justice on the basis of equality of citizens before the law and the court, improving Article 179 of this Code, and renaming this article “Ensuring the right of the individual to be examined by the court”. Problem statement: it is necessary to fill the gaps in the existing procedures of criminal procedural legislation related to ensuring the rights of individuals in appointing and conducting expert examinations to ensure the establishment in this Code of equal rights for those who are legally interested in appointing and conducting an expert examination. In the process of research methods of synthesis, comparative-legal, induction and analysis of scientific knowledge were used. Based on the results of the analysis of the improvement of Article 179 of the current Code of Criminal Procedure of the Republic of Uzbekistan, as well as procedural actions and documents related to the petitions submitted to this code during the investigation, on request and preliminary investigation, proposals were made for the introduction of a separate article with specific legal regulation.

Партнерское финансирование как перспективный канал для инвестиций

Last summer, the Russian Parliament adopted Federal Law No. 417-FZ, which defined the basic principles and parameters of the experiment that began in the country to establish special legal regulation for the implementation of partner financing activities as a new and very promising investment channel.

SOCIAL AND LEGAL VALUES IN THE PROCESS OF GOAL SETTING OF NORMS OF ADMINISTRATIVE LAW

Based on the analysis of scientific sources, the article provides a comparative description of social and legal values, as well as reveals their role in the process of goal-setting norms of administrative law. It has been found that the subject of rule-making activity, proposing to establish one or another norm of administrative law, must clearly understand for the achievement of which goals he is enshrining it in the sources of legislation. In this case, social values, which are a kind of reference points for any goal-setting subject, help the subject of rule-making activity to orientate. It has been proven that there is an urgent need for a terminological distinction between the concepts of «value of law» and «legal values». The first concept considers law as a value, while the second one reveals the specifics of the impact of social values on the formation of legal norms, as well as the specifics of legal regulation and protection of social values. On the basis of this, the subject of the study devoted to the role of social values in the process of goal-setting of the norms of administrative law was specified, because then the subject of such a study covers a more general concept – «social values». On the one hand, it includes the concepts of «law as a value» and «legal values» in its content, and on the other hand, it allows specifying the concept of «values as guidelines for goal-setting norms of administrative law», narrowing the subject of such research to only those social values that are important for the process of forming the goals of the norms of administrative law. It was concluded that the peculiarity of the study, which is devoted to the role of social values in the process of goal-setting of legal norms, is that it covers the period when the legal norm has not yet been adopted, but the subject of norm-making activity is already determined with its goals (given the existing in society’s values) and ways of formulation in the sources of law. It was established that if the majority of scientists divide the world of values into legal and extralegal and, accordingly, work within the boundaries of the defined worlds – legal (theory of constitutional, administrative law, etc.) and extralegal (philosophy, sociology, psychology, etc.), then within the scope of research the goal-setting of the norms of administrative law is analyzed during the period when the rule of law has not yet been adopted, but legal processes are already taking place – the subject of goal-setting based on legal awareness and taking into account the scale of existing social and legal principles is determined with the goals of the future norm of administrative law.

KEPASTIAN HUKUM TERHADAP PEROLEHAN HAK ATAS TANAH DAN BANGUNAN SEHUBUNGAN DENGAN PERALIHAN DARI OBJEK SEWA GUNA USAHA MENJADI SEWA BELI

Land is a basic human need that is used for various activities. Article 28h paragraph (1) of the 1945 Constitution recognizes the right of everyone to live in prosperity and live in a good environment. Article 33 paragraph (3) of the 1945 Constitution affirms the right of the Indonesian nation to natural resources. The agreement is legally binding on all parties and provides certainty for the resolution of disputes. There are different types of agreements, including lease and purchase.A lease agreement involves an option right for a tenant to purchase goods or extend a lease. There are problems related to the transition of leasing objects into leases that come to litigation. The formulation used in this study is how the process of leasing turned into lease purchase in terms of applicable laws and regulations? And what about legal certainty on the acquisition of land and building rights that change from lease to lease? The theory used in this study is the theory of legal certainty according to Jan Michael Otto. The method used in this study with the type of normative juridical research in the form of legal material literature or secondary data with sources of primary, secondary and tertiary legal materials. The research approach that used the approach of legislation, conceptual, analytical and case and collection techniques of legal material is done by identifying and inventorying the rules of positive law, literature books, journals and other sources of legal materials. For legal material analysis techniques carried out with the interpretation of grammatical and systematic laws. The results showed that the context of the transition from leasing to lease purchase, it can be seen that this process involves various parties with agreements that regulate their rights and obligations. Legal certainty in the transition from leasing to lease purchase is a principle that provides clarity and certainty for all parties involved in this transaction. This transition involves a change in the legal status of the right of lease to the right of ownership, which has a significant legal impact. Therefore, the consent and agreement of all parties involved is very important. Special legal regulations are needed regarding the transition from leasing to lease purchase. This regulation should set out in detail the processes, requirements, rights and obligations involved in this transition, so that all parties have clear guidelines

Особливості укладання банківських договорів у мережі інтернет

Abstract. In the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of deduction, induction, analysis and synthesis were used in the research process. The subject of the study is the norms of civil law on the contract, the norms of banking law on the conditions of certain types of banking contracts, the procedure for their conclusion and execution. It noted that the actions of the right holder of the program, including the bank, with the aim of further concluding an electronic contract on certain terms with unspecified counterparties, should be qualified as a public offer. Acceptance of this offer must create rights and obligations for the person who is the right holder of this program, regardless of his awareness of the fact of concluding such an agreement. The need for special legal regulation of the procedure for concluding banking contracts on the Internet substantiated. The procedure for concluding these contracts can found in the instructions of the National Bank of Ukraine, which defines the requirements for the banking institution regarding the additional identification of clients in the procedure for concluding banking contracts in the form of an Internet bank. The use of a smart contract requires a legal framework that would define the legal nature, concept and legal mechanism of a smart contract. An offer for the conclusion of a contract received in the personal account; the client accepts it using the actions provided in the software, which can be equated to a qualified electronic signature.

Disgorgement of Profits: An Alternative Solution to Stolen State Assets’ Recovery from Corporate Financial Crimes

In recent years, the Indonesian government has suffered a huge loss of state assets due to the misbehavior of corporations in financial management because the Indonesian legal system does not have a specific regulation to address corporate financial crime. When a corporate financial crime case arises, Indonesian law enforcement approaches this crime using the Anti-Corruption Act. However, the aim to retrieve the stolen government assets purloined by a corporation using the Anti-Corruption Act is still insufficient, therefore, other related regulations such as the Money Laundering Act have to apply as an additional instrument to realize optimal recovery from the misbehaving corporation. Because the long process involved in criminal and civil courts it is sometimes a waste of the law enforcement effort and the funds expended to get paid back from offenders and/or corporations because the money received is much lower than the money lost or even zero. To bridge the gap between the money lost initially and the repayment money, because of the lack of special legal regulation concerning corporate financial crime, this research intends to study the possibility of using a “disgorgement of profits” approach as a faster way to get the maximum repayment of stolen money/assets from instances of corporate financial crime in out-of-court settlements.

Актуальные вопросы банковского и гражданского права

The publication discusses issues related to the rapid development of the digital economy and the impact of unilateral anti-Russian sanctions on the financial system and civil turnover. The study was prepared on the basis of a combination of general scientific (analysis, synthesis, induction, deduction, abstraction, modeling, dialectics) and private scientific research methods (formal legal, concrete historical, comparative legal, as well as methods of legal forecasting and questioning). The following groups of topical issues are considered: legalization or prohibition, the choice of a model of legal regulation of digital financial assets and smart contracts; regulation of controversial issues related to the purchase and sale of ‘big data’ of an impersonal nature about customers of commercial banks of the Russian Federation as a special commodity; regulation of customer verification processes using biometric data (in conditions of increased risks the use of neural network replacements, deepfake technology); introduction of special legal regulation of ESG reporting and liability in the activities of commercial banks.

Health research in vulnerable groups in Mexico

Research for health in humans has medical, legal and bioethical implications. By virtue of its nature and scope, it has a special legal regulation, particularly in the norms of Health Law. As it has medical and bioethical implications, various principles have consequently been pronounced by medical organizations, including international organizations, embodied in Declarations; They constitute ethical principles of the medical discipline and must be observed in terms of the lex artis. One of the modalities of research for health is that which is carried out in vulnerable groups. The term vulnerability is applicable to population groups that, due to their age, sex, marital status and ethnic origin, are in a condition of risk that prevents them from joining development and accessing better welfare conditions. Given its bioethical and legal significance, at least three principles have been established, namely respect, beneficence and justice. The provisions governing research in vulnerable groups are in no case discriminatory, but rather, they seek to protect their rights.

Reservations and References in Legislation: Correlation Aspects

The article discusses certain aspects of the correlation of norms-reservations and references used in the provisions of legislation. Applying complex general scientific and special research methodology, including: dialectical, comparative legal, and formal legal methods, based on elements of general and special norms-reservations and references in legislation, the author formulates provisions that clarify and develop the doctrine of the specialization of legislation, the legal technique of law-making, as well as proposes a vision of the fundamental basis of the norms-reservations. The reservation is seen as a kind of special legal regulation aimed at regulating specific legal relations. The thesis is argued that interacting with other technical and legal means and methods of legal regulation, primarily legislative references, the norm-reservation often acquires its legal expression. Based on the analysis of legislation, law enforcement practice and legal doctrine, the various functional potential of norms-reservations and legislative references is proved, their significance as means of legal influence is shown. The conclusions expressed by the author expand legal knowledge about the theory of the legal norm, and will also serve as the beginning of a scientific discussion regarding the independent perception of the norm-reservation, and will stimulate further scientific endeavor.

CODIFICATION AND DEVELOPMENT OF CIVIL LAW
 IN THE RUSSIAN EMPIRE

The article reveals the general characteristics of the development of civil law of the Russian Empire. In particular, four features of civil law of the specified period are highlighted: the absence of a clear sectoral division, the absence of a certain system, the essential importance of customary law, polysystem, i.e. the presence of a special legal regulation of civil relations in certain areas. The characteristics and significance of the Civil Laws of the Code of Laws of the Russian Empire are given, the assessment of the law-making activity of the Governing Senate of the Russian Empire is given, the characteristics of the development of individual institutions are given.

Electronic document circulation: private law and public law aspects

The article examines electronic document circulation from the standpoint of private law and public law aspects of legal regulation. A comprehensive analysis of legislative acts of Ukraine in the field of public administration and civil legal relations regarding the regulation of electronic document circulation, identification of key points affecting decision-making in the field of documentation management, carried out using a systematic approach and the method of comparative analysis, historical and comparative methods. Justification of the classification of the regulation of the organization of document circulation regarding the interaction of various subjects with state authorities as objects of law requiring special legal regulation. Attention drawn to the direct interrelationship of legal and technological procedures of documentation, production and protection of documents. The basis for recognizing the legal force and significance of a document is the implementation of technological and legal procedures for documenting information and producing documents. Based on the comprehensive analysis of legislative and regulatory documents, scientific research, on the materials obtained during the study of the functioning of electronic document circulation, distinctive features were formulated that are included in the complex documentary and archival functional requirements for information systems that automate document circulation and take into account the possibility of creating and maintaining multiple document movement schemes in order to ensure the corporate flow of documents, the need to integrate electronic document management systems with other information systems, the possibility of using technological solutions to optimize document management processes, increase the efficiency of information transmission, and eliminate errors during document processing. It indicated that the modular integration model of electronic document circulation in the authorities provides for the possibility of technological connection of a certain number of modules to increase the functionality of the system. An enterprise focusing on digitization should implement electronic document management.

CONFLICT OF LAWS REGULATION OF FAMILY RELATIONS WITH A FOREIGN ELEMENT

The article examines the prospects for the development of regulation of family relations with a foreign element by conflict of laws rules. Today, in the context of changing directions of global leadership, the aggravation of both economic and military confrontation, the deterioration of international relations, the division of states into hostile camps, a radical restructuring is needed in the sphere of regulating family relations, which people from different countries enter or have previously entered. The purpose of this study is to determine trends in the modern conflict regulation of family relations complicated by a foreign element. The author shows that the massive use of modern communication opportunities and movements around the world naturally leads to the establishment of transnational family relations, which, due to their properties, require special legal regulation. The author explores the basic approaches formed by the theory of law and practice in the regulation of family relations with a foreign element. The reasons why the conflict-of-laws regulation of family relations in the Russian Federation remains one of the most difficult and problematic for law enforcement are given. The author reveals the main problems of conflict-of-laws regulation of family relations in the Russian Federation, which hinder its effectiveness. Specific ways of solving these problems are proposed. Assumptions are made about the main directions of the future conflict regulation of family relations with a foreign element.

Usi Civici: Open Evaluation Issues in the Italian Legal Framework on Civic Use Properties

Physical spaces and assets vary in legal nature and as such can be subjected to both private and public ownership. Therefore, rights and obligations connected with the use and enjoyment of the different goods depends on the juridic nature of the good itself. In the Italian legal framework, private goods are subject to homogeneous regulation, whereas public goods might comprehend a plethora of heterogeneous categories each of them featuring a specific legal regulation. Among those, collective-owned goods present a complex case as they have the typical characteristics of common goods but might be the object of specific rival and exclusive rights that are guaranteed to certain communities with the system of “civic use rights” (usi civici). This peculiar legal regime is typical of rural areas, where, traditionally, common ownership of the land was pursued and encouraged resulting in the creation of a common agri-sylvan-pastoral heritage. As such, the areas susceptible to being left behind or even abandoned due to a lack of public resources or initiatives that can foster their intrinsic cultural, social, and economic value. We intend collective goods to be long-term physical assets that trigger ecosystems of social entrepreneurial, innovative partnerships, and impact investing that can meet long-lasting and/or emerging social and collective needs. This paper aims to achieve two objectives. Firstly, we investigate the Italian juridical regime of “shared-ownership rights” and “civic use rights” aiming to define a taxonomy that provides support in categorising these goods according to pre-defined legal clusters. Secondly, we explore the evaluation issues related to land appraisal processes.

MODERNISATION OF THE LEGAL REGULATION OF TEMPORARY RESTRICTIONS ON THE EXERCISE OF PRIVATE RIGHTS IN UKRAINE ON THE WAY TO ECONOMIC INTEGRATION

The subject of the study is the theoretical and applied aspects of legal regulation of certain economic relations, in particular, the temporal restrictions on the implementation of private rights in Ukraine. Methodology. General scientific and special legal methods were used in the research process. Quantitative and qualitative parameters of organisational, legal and economic measures aimed at modernising the legal regulation of time limits on the exercise of private rights in Ukraine were determined with the help of the analysis. The synthesis ensured the clarification of the common features of economic and legal phenomena, which is a precondition for the modernisation of the legal regulation of time limits for the exercise of private rights in Ukraine. The comparative legal method allowed to identify common and specific features of the normative regulation of time limits on the exercise of private rights in different states (taking into account legal and economic features). The formal-legal method made it possible to draw conclusions on the effectiveness of the normative fixing of time limits on the exercise of private rights in the civil legislation of Ukraine and to make relevant proposals for changes in the civil legislation. The purpose of the study is to determine the state of legal regulation of time limitations on the exercise of private rights in Ukraine and to determine the prospects of its modernisation for the sake of economic integration (through the study of legal and economic aspects of the specified phenomenon). The results of the study showed that the state of legal regulation of time limits on the implementation of private rights in Ukraine on the way to economic integration creates the conditions for its modernisation within the framework of general and special legal regulations. Conclusion. The basis of the civilised development of the modern world community is the establishment of civilised rules for the circulation of relevant property goods. From this point of view, among the social relations that are the subject of civil law regulation, the most important are property rights and non-property rights related to them (which have no economic significance, but by their very nature play an important role in ensuring civil circulation). The Civil Code of any state is a basic legislative act regulating a significant part of social relations. The modernisation of temporal categories in various institutions of civil law can be characterised from the standpoint of the concept of updating the Civil Code of Ukraine, as well as from the study of the state and the need for improvement of other legal structures, in particular, from the standpoint of international jurisprudence. The temporal characteristics of the law are characterised through the prism of the limitation of the subjective right to intellectual property, which is generally consistent with the normative prescriptions contained in intellectual property law as a subdivision of civil law. The problematic aspects of the unification of intellectual property relations in the general provisions of the Civil Code of Ukraine and special legislation are identified, and proposals for the legal regulation of such relations are made in the light of international legislation, judicial practice and legal doctrine.

Особливості укладання банківських договорів у мережі інтернет

In the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of deduction, induction, analysis and synthesis were used in the research process. The subject of the study is the norms of civil law on the contract, the norms of banking law on the conditions of certain types of banking contracts, the procedure for their conclusion and execution. It noted that the actions of the right holder of the program, including the bank, with the aim of further concluding an electronic contract on certain terms with unspecified counterparties, should be qualified as a public offer. Acceptance of this offer must create rights and obligations for the person who is the right holder of this program, regardless of his awareness of the fact of concluding such an agreement. The need for special legal regulation of the procedure for concluding banking contracts on the Internet substantiated. The procedure for concluding these contracts can found in the instructions of the National Bank of Ukraine, which defines the requirements for the banking institution regarding the additional identification of clients in the procedure for concluding banking contracts in the form of an Internet bank. The use of a smart contract requires a legal framework that would define the legal nature, concept and legal mechanism of a smart contract. An offer for the conclusion of a contract received in the personal account; the client accepts it using the actions provided in the software, which can be equated to a qualified electronic signature.

International legal protection standards personal information

The article examines the specificities of personal data protection at the international level, clarifying the meaning of concepts such as “personal information”, “personal data”, “person” and “identity”. The analysis and synthesis of existing norms of international standards have been carried out, allowing to identify the range of issues requiring elimination of contradictions at the legislative level, in order to increase the efficiency of their application, given the rapid processes of globalisation, development of high technologies and as a consequence – appearance of a new international terrorism form – cyber terrorism, the society requires new approaches and definition of new standards for modern personal data system, resolution of contradictions arising in modern law, legal control over the development of electronic environment and computer systems. To address these issues, the dynamics and specifics of legal regulation in this area have been studied.
 A significant number of monographs and periodicals are devoted to the issue personal data protection. Among them, we can highlight the scientific achieve-ments of M. Bem. K. Bennett, V. Bryzhko, S. Vorren, T. Kostetska, T. Obukhovska, A. Paziuk, K. Polinkevych, I. Sopilko, M. Shvets. Given a large number of statutory regulations and their differences in defining conceptual and categorical apparatus, mechanisms of application of personal information protection standards, a large range of issues in this area of relations are unresolved today, in connection with which their consideration and systematization are relevant.
 Definition of the content and scope of essential features of the "personality", "natural person" and "personal data" terms. The statutory regulations of the European legal system regulating issues related to the protection of personal data are investigated and the most important provisions are highlighted. New European standards in accordance with Regulation 2016/679 are identified.
 It should be noted that international documents in the field of personal data protection have a similar purpose, but at the same time, they do not have a single definition of basic concepts, such as natural person, information, information about a natural person, identified natural person, personal data processing, etc. that complicates their effective understanding and application by all participants of these relations.
 It is worth noting that the adoption of Regulation 2016/67 was a breakthrough in the simplification of the legal regulation. After all, the framework Directive 95/46/EC, which was in force before its adoption, was interpreted differently by each country, which caused many misunderstandings and created obstacles to ensure the human right to privacy. That is why the issue of unification of legal regulation in this area is always relevant and requires continuous improvement and timely response to changes in the information technology space.

On the Question of the Specifics of the Investigative Actions with Minors in the Investigation of Crimes

The object of the study is the criminal procedural relations that develop during the conduct of investigative actions against minors during the preliminary investigation. The subject of the study is the norms of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, other laws regulating relations related to the production of investigative actions involving minors, as well as theoretical foundations and materials of investigative and judicial practice. The procedural features of the interrogation, confrontation, identification, verification of testimony on the spot and other investigative actions with the participation of minors are considered. At the same time, special attention is paid to the use of video recording of their conduct and the involvement of a psychologist or teacher to participate in the investigative action against a minor. The authors note that Federal Law No. 432-FZ of December 28, 2013 has significantly expanded the range of investigative actions involving minors, during which it is necessary to comply with special legal regulations that protect the rights and interests of these persons. The conducted research made it possible to identify some shortcomings in the regulation of investigative actions against minors. The authors propose ways to eliminate them: video filming as a means of fixation should be carried out during all investigative actions involving minors; situations of participation of a psychologist or (and) a teacher, and in some cases a psychiatrist in the production of investigative actions with this category of persons are determined.

‘How is it possible that at times we can be physicians and at times assistants in suicide?’ Attitudes and experiences of palliative care physicians in respect of the current legal situation of suicide assistance in Switzerland

IntroductionSwitzerland lacks specific legal regulation of assistance in suicide. The practice has, however, developed since the 1980s as a consequence of a gap in the Swiss Criminal Code and is...