ДЕРАДИКАЛИЗАЦИЯ КАК ОБЪЕКТ ПРАВОВОГО РЕГУЛИРОВАНИЯ В ЗАКОНОДАТЕЛЬСТВЕ ГОСУДАРСТВ – УЧАСТНИКОВ СОДРУЖЕСТВА НЕЗАВИСИМЫХ ГОСУДАРСТВ

The issue of classifying migratory species of wild animals as objects of the animal world is examined in accordance with doctrinal definitions and legal terminology. The author presents and supplements a scientific definition of the term «animal world.» The term «wild animals» is analyzed, and their main characteristics are identified. Emphasis is placed on the generic affiliation of migratory animals to wild animals, and their specific biological features that are significant for the legal regulation of the protection, use, and reproduction of such species are highlighted. The state of natural freedom is necessary for migratory animals to meet their basic biological needs: appropriate temperature conditions of the surrounding natural environment, sufficient food resources, and safe places for reproduction. The spatial and temporal peculiarities of the life activity of animals that undergo migration are noted. It is substantiated that migratory species of wild animals live not only on the territories of different countries but also within the territory of Ukraine. The place of residence of such species depends on the trajectory and length of the migratory route. The territory of Ukraine can be either a part of the migratory path, its starting point, endpoint, or intermediate link, as well as a space beyond which the respective species moves for migration purposes. Attention is drawn to such objects of the animal world as parts of migratory species of wild animals and the products of their life activity. The concept of migratory species of wild animals as both a component of the animal world and its objects is differentiated. The Law of Ukraine «On the Animal World» identifies certain objects of legal regulation, such as the habitats and structures of migratory animals, their breeding grounds, bird nesting colonies, permanent or temporary animal aggregations, spawning areas, and migratory routes. These objects of legal regulation are not identical to the objects of the animal world; they are separate material assets that are subject to protection together with living organisms. It is concluded that migratory species of wild animals are both an integral part of the animal world and its objects, the protection, use, and reproduction of which are regulated by the Law of Ukraine «On the Animal World.» Their specific characteristics, such as the temporary nature of their residence in Ukraine and periodic cross-border movements, necessitate the separation of migratory animals as a distinct object of the animal world with special legal regulation.

Technologies, overcoming the limitations of human factors, acquire distinctive expression forms and trends in human society through mutual human and technè integration. The impact of dynamism of technologies, as an object of legal regulation in the area of health law, is explored in this article as a degree of turmoil in social relationships and as the issues of resultant legal regulation rather than from the perspective of state-of-the-art research and development in the area of technologies. Hence, the impact of the new technologies in the area of health, as an object of legal regulation, implies changes with external features and attributes, with individual, variable, and accidental nature that law should, on the principle level, foresee, plan, and bring together by determinant and coordinating links into an integrated system of interacting elements.

The author examines the state of legal regulation of social labor relations. It is emphasized that legal reform is being gradually implemented in Ukraine. It particularly affects those areas of law that are related to human and civil rights. Among these rights, the right to work occupies a special place. The Constitution of Ukraine has several articles aimed at regulating labor relations and human health. It is especially necessary to allocate Art. 43 of our Basic Law, which proclaims this right, establishes constitutional guarantees for citizens to exercise their right to work, prohibit forced labor and protect the health of workers. «Everyone has the right to work, including the opportunity to earn a living by work which he freely chooses or freely agrees to». However, enshrining the right to work in the general law is insufficient. The current Labor Code of Ukraine is clearly outdated. The necessity of adopting a new codified legal act, which should regulate labor relations, is proved. The subject and object of law in general, the subject and object of labor law and the Labor Code of Ukraine are studied. At this stage of development of Ukrainian society, it is necessary to adopt a new codified legal act that would fully regulate relations in the field of labor. The draft law of such a legal act (the draft Labor Code of Ukraine — hereinafter LCU) was developed by experts, but due to its imperfections, the legislator postponed its adoption. It is thought that first of all it is necessary to more clearly define the subject and object of legal regulation of the LCU. Without objecting mainly to their definition, the LCU offers clarifications. The authors of the bill list what relates to the object of labor relations, and at the end note: «other issues defined by this Code». It should be noted that «issues» cannot be the object of a relationship. After all, in the Ukrainian language «question» is «a form of thought expressed in the language of a sentence, which is uttered or written when they want to ask something, that is, to obtain information of interest». Not all objects of labor relations should be listed when defined in Part 2 of Art. 1 LCU. However, it is inappropriate to point out that these objects include «questions». It is suggested to replace the phrase «other issues defined by this Code» with the words: «other objects of relations related to labor law». Key words: the object of legal regulation, the subject of legal regulation, labor legal relations, the right to work, the draft Labor Code of Ukraine.

The transition to Industry 4.0 and 5.0 in production and business is followed both by an increase in opportunities and a number of new problems, including legal regulation of new phenomena and relationship. The paper contains the analysis of problems and contradictions in legal regulation arisen under the influence of digitalization and networking of production processes. The study considers various ways of the influence of digitalization on the organization and the innovation processes in corporations. The legal aspects of such activities cover the norms of Corporate law, Civil law (in the field of intellectual property protection), information and data protection. Current legislation in the field of intellectual property rights protection does not correspond to the requirements of the digital age and needs some improvement. Having used the methods of Civil law, regulatory and comparative analysis, it is concluded that such a new object of legal regulation as “Digital Twins” needs special means of protection. In these conditions, information technology security becomes a key aspect of the corporate legal security system.

Abstract: Introduction. The current processes of digitalization, the development and implementation of artificial intelligence have an impact on many spheres of public life. Law is no exception. The danger emanating from artificial intelligence, associated with technical failures, errors, machine learning defects, causes a high probability of harm to legally protected public relations. In this regard, the issues of legal liability are becoming acute. The purpose of the research is to study the issue of determining the subjects of legal liability for harm caused by artificial intelligence, to analyze ways to solve it. Research methods. The author used the dialectical method of cognition, a set of general scientific methods of cognition (analysis, synthesis, induction, deduction), as well as a number of special methods of cognition (formal legal, comparative legal, systemic, functional). Results. As a result of the research, the author comes to the conclusion that today artificial intelligence cannot act as an independent subject of legal liability due to the fact that it is a technology, the implementation and its use needs legal regulation. Artificial intelligence is considered as an object of legal regulation. Only individuals and legal entities that ensure its functioning can be brought to legal liability for the damage caused by artificial intelligence. The idea of endowing artificial intelligence with legal personality, which is popular in science today, leads away from real issues that need to be solved to ensure its development and large-scale use. The author suggests focusing on those forms of artificial intelligence that surround us at the moment, and considering theoretical and practical issues as applied to them. Not only robotic devices can act as such forms, but also various programs (software) that do not have a cyber-physical shell.

Objective: to formulate proposals to form a system of subsidiary liability for harm resulting from the use of artificial intelligence systems. Methods: the research is based on a comprehensive methodological basis, including the abstract logical method for theoretical understanding of the legal nature of artificial intelligence as an object of legal regulation; the method of comparison to analyze the Russian and European legislations on tort liability; generalization to systematize the existing concepts of responsibility distribution between subjects of law; and correlation analysis to identify the relationships between the typology of artificial intelligence systems and the mechanisms of legal responsibility for their functioning. Results: the study summarizes and systematizes modern theoretical and legal concepts and regulations of the European Union and the Russian Federation on the distribution of subsidiary responsibility for the adverse effects of artificial intelligence. Potential subjects of responsibility were identified, as well as the key factors influencing the distribution of responsibility between them. A multidimensional matrix was developed for responsibility distribution between the subjects, taking into account their impact on the specific artificial intelligence system functioning and the systems typologization under the risk-based approach. Scientific novelty: for the first time, an original concept is proposed, which combines the differentiation of the subjects’ roles in terms of their real impact on the artificial intelligence results; the differentiation of artificial intelligence systems under the risk-based approach; and the system of legal presumptions of responsibility distribution corresponding to the above two classifications. The novelty lies in the creation of a multidimensional matrix of subsidiary liability, which allows taking into account many factors when determining the subject of responsibility in each specific case of harm caused by artificial intelligence systems, which differs significantly from existing unilateral approaches to this issue. Practical significance: the research conclusions and suggestions can be used to develop the doctrine of subsidiary responsibility in the field of artificial intelligence use, to develop and modify the legal norms regulating artificial intelligence. The proposed multidimensional matrix of responsibility distribution can serve as a theoretical basis for improving judicial practice in cases of compensation for damage caused by artificial intelligence systems, as well as for creating an effective balance between stimulating the development of AI technologies and ensuring the protection of the rights and legitimate interests of individuals and legal entities.

The article reveals the importance of providing consulting services, which are becoming an important tool for social adaptation, restoring labor potential and ensuring economic stability of IDPs. In the current conditions of martial law and socio-economic instability, the issue of consulting as a tool for supporting IDPs and other socially vulnerable categories of the population is of particular importance. Despite the presence of individual initiatives, the scientific literature has not yet sufficiently disclosed the content, forms and technologies of providing consultations specifically to IDPs, taking into account their traumatic experiences, psychological state and the specifics of the regional labor market. The purpose of the study is to reveal the features of providing consulting services to IDPs in Ukraine under martial law. The article analyzes the regulatory and legal framework of Ukraine that regulates the provision of social services to IDPs, in particular consulting services. The features of consultation as an object of legal regulation are identified. A comparative analysis of social counseling and psychological counseling is carried out according to the criteria: goal, process, emphasis, typical request, time orientation, duration. The essence of a consulting service for IDPs is determined, according to the classifier of social services, which consists in a purposeful process of professional support, within which a structured analysis of the client’s life situation is carried out, key problems and resources are identified, realistic goals are formulated and a step-by-step plan for overcoming difficult circumstances is developed. The authors provide a characteristic of the types of consulting services for IDPs according to the State Standard of Social Consulting Services. The emphasis is on the fact that a social worker uses consulting technologies to increase the client’s autonomy, develop his decision-making ability and mobilize internal resources. The content and tasks of consulting services for IDPs are substantiated. The conclusions emphasize the introduction of various types of counseling that not only minimize the consequences of difficult life circumstances, but also strengthen the autonomy, social inclusion and resilience of internally displaced persons.

Object of legal regulation in the sphere of international flights

Crypto exchanges as an object of legal regulation: types, trading mechanisms and current challenges

In recent decades, technological progress has contributed to a consistent change in approaches to organizing the provision of medical care in various regions of the world. Electronic data-gathering systems make it possible to create extensive information databases about the health status of the population of certain territories or entire states. The introduction of technological solutions based on the use of artificial intelligence (AI) technologies makes it possible to provide a systematic analysis of large volumes of information, as well as to develop new treatment methods of life-threatening diseases. The use of AI technologies not only has significant potential for improving the organization of medical care, but also brings essential risks of human rights restriction, it may also form discriminatory practices or even cause harm to health. The authors demonstrate the importance of AI technologies in improving separate stages of medical care and the circulation of healthcare technologies, and also present various approaches to defining the notion of “artificial intelligence”, that is a crucial element in specifying the object of legal regulation. The article systematizes the list of threats and challenges to human security associated with the use of AI technologies. The development of legal regulation of this sphere at the national (United States of America) and supranational (European Union) levels is analyzed, and also the main directions of development of this field in the Russian Federation are presented.

Coexistence of States and protection of individual interests as the object of legal regulation by international law

The article is devoted to the issues about the interpretation of certain aspects of the European Union maritime policy. In order to understand the content of the European Union maritime strategy, the following directives were analyzed: Marine Strategy Framework Directive, Directive of the European Parliament and of the Council establishing a framework for Community action in the field of water policy, Directive on the conservation of natural habitats and of wild fauna and flora, which have a single objective - to protect the marine environment and sustainable use of the seas. Analysis of key positions of the EU maritime legislation is based on the provisions of international conventions and the Environmental Law’s theory, and helps to systemize knowledge.The author considers the European seas as the object of legal regulation, which plays an important role in ensuring the national interests of each member-state and the EU in whole. At the same time, the European Union maritime policy is based on a variety of approaches, the choice of which depends on both the environmental impact and the objectives of the use of the marine environment.

The urgency of the issue under study is determined by the purpose of a comprehensive analysis of the development history and performance features of foreign private prisons. The article analyzes the factors of emergence, establishment, and management of private prisons (in particular, in the area of administration, economy, production, re-socialization) of the United States, Great Britain, France). The article notes both the advantages and disadvantages of performance of private penitentiary institutions and states proposals on possible integration of international experience into Russian life. At the same time, the question about full adaption of experience of a private-state partnership in terms of national and economic features of the domestic penitentiary system is still open. The purpose of the article is to determine and reveal the general trends, historical and economic features of the establishment and development of private prisons in several foreign countries. The main methods of the study are historical and comparative-law analysis as well as the method of interdisciplinary synthesis, which allow a comprehensive review of establishing private prisons as a structural-functional element of economic and legal system. Results: the article presents the historical establishment of private prisons in foreign countries, uncovers the general trends and peculiarities hereof, reveals the socio-economic premises of their emergence as an element of market relations and object of legal regulation. The materials of the article are of practical value for experts in the field of penitentiary law and penitentiary economics, researchers of legal regulation of penitentiary relations, people engaged in penitentiary law-making and economic planning.

The relevance of the study is due to the inconsistency of the national legislation of Ukraine on bankruptcy with the current conditions on the territory of the state, which are connected with the full-scale invasion of the Russian Federation. Martial law causes high risks of destruction of medium, small and large business enterprises, in particular in uncontrolled and temporarily occupied territories. Thus, the purpose of the study is to justify the need to improve the national legislation on bankruptcy, increase the efficiency of the mechanisms for the realization of rights, the fulfilment of obligations and the protection of the interests of economic entities in the conditions of military confrontation. The main methods used to write the work: historical, comparative, statistical, method of analysis, synthesis. The results of this work turned out to be the following: the legislation regulating legal relations regarding bankruptcy was investigated, it was found out which subjects of economic activity are at risk of bankruptcy, and the impact of the war on the state of legal regulation of the economic sphere was investigated. A conclusion was made regarding the main shortcomings of the national bankruptcy legislation. The question of the possibility of preserving the debtor’s further reputation and the proportional satisfaction of creditors’ rights by following the bankruptcy procedure, which was developed in accordance with modern conditions, was also investigated. The possibility of compensation for losses from the side of the aggressor country for those enterprises that suffered losses and destruction as a result of Russian military aggression is also indicated. The expediency of introducing a moratorium on bankruptcy and the main disadvantages of this type of restriction are discussed. Further directions for improving and increasing the level of effectiveness of the legally provided mechanisms for the implementation of the bankruptcy procedure in the conditions of war on the territory of Ukraine are proposed. The results of research work can be used as a theoretical basis for further legislative developments in the field of bankruptcy.

Not only are the operational and overseeing tasks of Frontex, Easo and Europol reinforced, but their multilateral cooperation on the ground to assist the frontline Member States has also been expanded after the adoption of the hotspot approach. Gradually, these agencies have been assigned operational tasks on closely intertwined matters, which require their coordination and cooperation to prevent overlaps, duplications and working silos. While Frontex, Easo and Europol were already cooperating on a bilateral and multilateral basis before the hotspot approach was designed in 2015, the “refugee crisis” revealed the need to develop a more systematic and operational cooperation of these agencies on the territory of the Member States. This chapter thus examines the concept of operational cooperation, the evolution of the bilateral and multilateral operational cooperation of Frontex, Easo and Europol, as well as their reinforced multilateral operational cooperation on the ground in the hotspots.