Внутрішній контроль процедури оцінки вартості мобілізованих колісних транспортних засобів підприємства

The article provides a scientific analysis of the legal aspects of transferring state or municipal property in pledge and the need to comply with the requirements of the current Russian legislation, including antimonopoly legislation within of granting state and municipal preferences. The article analyzes the relevant law enforcement practice in the process of control and supervisory activities of the Federal Antimonopoly Service of Russia in this area.

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

The article summarizes theoretical and methodical problems related to the need to create a logical valuation theory and methodology of intellectual property, identification and valuation of intellectual property rights and its relation to accounting; the problem of methods of valuation of intellectual property rights within their subject characteris considered, as well as identification of the majority of intellectual resources that take part in production and contribute to the improvement of product quality, technological update, innovative orientation of economic processes; the need to strengthen the state policy of carrying out the valuation of intellectual property rights in relation to intangible assets within the objects of intellectual propertyrights (OIPRs) has been considered. The author analyzes the relationship to the value appraisal of OIPRs, which is most often done by using a narrow range of methods (approaches) within the generally recognized: income, cost and market (comparative) approaches, that affects the limitation of the selected methods of valuation, leads to a template use of valuation methodic without a variety of OIPRs that have specific features of their use. Also it is disclosed the meaningful meaning of the development of a single terminology and value classification, whichcan be carried out on the basis of synthesis of foreign experience in the field of valuation and value management, as well as the analysis of valuation standards.The problem became due to the OIPRs conducting of value appraisal of the advanced intellectual capital, that is complicated by the fact that by economic essence it does not belong to the traditional assets of the enterprise and has its own peculiarities. It is urgent to rethink existing standards on valuation and supplement them with new ones in the direction of minimizing fundamental contradictions between the traditional accounting methodology and the valuation of OIPRs, taking into account the peculiarities of the development of the information and intellectual economy. It is methodically detailed by the economic content the techniques used to determine the value of OIPRs, which are divided into three groups: approaches, methods and methodologies, from the point of view of economic content, conditions of application and valuation procedure, as well as requirements for the appraisal of the value of OIPRs in the privatization of state enterprises and organizations. The author considers the problems of organization of training of professional ppraisers in Ukraine taking into account the requirements of State Property Fund of Ukraine and their legal support.

The article is dedicated to identifying the subjects of public administration involved in the implementation and use of AI in the justice system of Ukraine. It emphasizes that the relevance of this issue lies in the need for a clear legal definition of the roles of such subjects to ensure transparency, efficiency, and legality in the digitalization of justice in Ukraine. The doctrinal understanding of the term “subjects of public administration” is analyzed, along with both narrow and broad interpretations of the concept of “public administration”. It is proposed to consider the subjects of public administration in the context of AI implementation in justice based on the broad interpretation of public administration. The constitutional principle of state power being exercised by legislative, executive, and judicial branches served as the basis for identifying relevant subjects. The legislative, oversight, and budgetary powers of the Verkhovna Rada of Ukraine and its committees (in particular, the Committee on Legal Policy and the Committee on Digital Transformation) are reviewed. It is noted that executive authorities are responsible for shaping and implementing state policy in the field of digitalization, including the introduction of AI technologies. In this regard, the role of the Ministry of Digital Transformation, Ministry of Justice, and Ministry of Education and Science in AI implementation within Ukraine’s justice system is outlined. It is emphasized that these bodies have general-purpose powers, while the State Judicial Administration of Ukraine is specifically responsible for introducing innovations into the judicial system. The organizational and technical support for digitalization lies with the court staff, who carry out this task also in cooperation with the State Judicial Administration. Based on current legislation, the High Council of Justice and judicial self-government bodies – the Council of Judges of Ukraine and the Congress of Judges of Ukraine – are also included among the subjects of AI implementation and use in justice. Given the broad approach to defining such subjects, the article highlights the advisability of including international organizations (such as CEPEJ and CCJE) among them. Although these organizations are not direct subjects of domestic public administration, they may act as external participants or partners influencing policy and the development of standards for the implementation and use of digital technologies, including AI in justice.

The need to study certain aspects of the judiciary is explained by the constant updating of current legislation. Given that the Ukrainian legislator has recently paid close attention to the call-up foreign experience, there is an objective need to analyse the legal status of the High Council of Justice, or bodies that perform its functions in foreign countries. The purpose of the article is to conduct a comprehensive comparative legal analysis of the status of the High Council of Justice in Ukraine and abroad. In the process of comparative legal analysis of the status of the High Council of Justice in Ukraine and foreign countries, the following methods were used: formal-legal (dogmatic), comparative-legal and the method of dogmatic (logical) analysis. According to the results of the research, it is determined that the current state of activity of the High Council of Justice is characterised by a certain representation of executive bodies, including judicial bodies. The key task is to work on the development of the judiciary, participation in the administration of judges, and the disciplinary responsibility of prosecutors and judges. It was found that the legislation of foreign states, consolidating the powers of judicial self-government bodies, gives them the right to select candidates for judges, appoint court chairmen, including bringing judges to disciplinary responsibility. Such bodies always involve government officials, including the president. However, it should be noted that the judiciary has exclusive independence from other bodies, including the executive and the legislature, which is manifested in broad powers. It is argued that the world practice identifies two main options for the appointment of judges: appointment by the President or Parliament on the proposal of the Ministry of Justice or the relevant body of judicial self-government (judicial councils); direct appointment of judges by the relevant body of judicial self-government (judicial councils). The study provides a comprehensive comparative legal analysis of the functioning of the High Council of Justice in Ukraine and foreign countries in today’s conditions, and provides specific proposals to improve existing legislation in terms of the activities of the body under study. The materials of this study can be useful for teaching training courses: Judicial system of Ukraine, international law. Also, the submitted proposals to improve the functioning of the body under study can be used by the legislature in considering the possibility of updating special national legislation

The publication comprehensively examines the questions of formation and development in Ukraine of the institute of «knowledgeable people» and «reviews of knowledgeable people» and their transformation since the second half of the XIX century. The publication comprehensively researches the questions of development of «knowledgeable people» institute and their transformation from the second part of the XIXth century to the court experts and court expertise. The development of the system of Ukrainian judicial system and proceedings is analyzed and the tendency of approval of the conclusions of court experts and strengthening of their value in the system of evidence in criminal, civil, commercial and other types of processes. The primary sources for the history of forensic expertise and expertology are analyzed systematically, including analysis of the relevant provisions of the conclusions of the laws and statutes of proceedings of the 19th century – early 20th century, which were in force on the Ukrainian lands, which were part of the Austro-Hungarian and Russian empires, documents about the organization of forensic expertise during the national liberation struggle of Ukraine, regulatory legal acts concerning forensic expertise in the Soviet period and, finally, the current Ukrainian legislation on forensic expertise and legal. It is established that the main periods of genesis and development of forensic expertise in Ukraine: 1) XI-XIX centuries. – period of genesis of certain types of expertise in criminal proceedings from the times of «Russian Pravda» – to the Cossack time; 2) XIX – beginning of XX century – allocation and consolidation in legislation the status of «enlightened people» (experts), as independent subjects of criminal, civil and commercial process and formation of the first forensic institutions of Ukraine in Kiev and Odessa; 3) 1917 – 1922. – Development and institutionalization of forensic activities during the national liberation struggle in the Ukrainian state; 4) 1922 – 1991. – Forensic activities in Soviet times; 5) 1991 to the present – development and improvement of forensic expertise in independent Ukraine, approval of private forensic experts and reforming of forensic activities by the Ministry of Justice of Ukraine. It is noted that the main task of forensic institutions of the Ministry of Justice, Ministry of Internal Affairs, etc. today is to form, in cooperation with experts from EU member states, a reliable evidence bases to hold the Russian Federation liable in national and international courts for war crimes committed in Ukraine. An equally important task of forensic expertise is to establish the losses and damage caused by the Russian Federation to private, communal and state property, in order to fully compensate them by the aggressor state.

The part of a monograph is devoted to the principles of enforcement proceedings analysis, established under the Law of Ukraine «On Execution Procedure» and «On Bodies and Persons Engagedin the Execution of Judgments and The Other Jurisdictional Bodies Decisions». An excursion of the researches in the field of general theory of law positions concerning the notion, value, classificationof the principles of law has been carried out and these developments has been extrapolated on the system of enforcement proceedings principles and the organization and practice of executors principles.From the analysis of articles texts, which lists enforcement proceedings principles and the organization and practice of the State executive service and private executors principles, it follows that the legislaturemainly duplicates general (constitutional), interbranch principles of law, failing to formulate principles inherent exactly the institution of jurisdictional bodies decisions enforcement. It has been concludedthat there is no necessity in such duplication, because these principles have already been objectified in other legal acts in the form of separate articles (directly) or follow from logical, lexical analysis and so from their contents (indirectly). Based on the main purpose for legislative confirmation of law principles list, which is to facilitate filling the gaps in the legal regulation by applying the analogy of law, the authorsconsider that the legislative confirmation of only the principles of integrated interdisciplinary institute of enforcement proceedings would be more effective.The legal nature and subject, respectively, of judicial and departmental control over the actions of private executors are studied.Methods (forms) of judicial control over the actions of executors in the course of decisions of courts and other jurisdictional bodies enforcement contained in the procedural legislation are identified: Section VII of the Civil Procedural Code of Ukraine, Section VI of the Commercial Procedural Code of Ukraine, Art. 287 and Section IV of the Code of Administrative Procedure of Ukraine.It is concluded that procedural actions (decisions, actions or omissions) of a private executor, committed during the enforcement of the decision as the final stage of the legal process in accordance with theLaw of Ukraine «On Enforcement Proceedings», are subject to judicial control, with only the court checking the legality of procedural actions of private executors only if the parties (participants) of enforcement proceedings receive complaints, ie, court control is neither periodic or current, nor planned or unscheduled, etc., in contrast to departmental control; the court checks the legality of the executor’s actions, not their expediency; court control is exercised within the procedural form.The court establishes the facts of violations (or their absence) in the procedural actions of private executors; the court restores the violated rights of the complainant by revoking (changing) the procedural decision of the private executor or his obligation to take appropriate procedural actions.It is stated that the institute of a separate decision can be applied by the court in relation to illegal actions of executors. Unlike the judiciary, the Ministry of Justice monitors the activities of a private executor byconducting scheduled and unscheduled inspections.The grounds, procedures and consequences of bringing private and public executors to justice have been studied, which have many differences, as the legal nature of the status of public and privateexecutors differs significantly. Such legislation is discriminatory against private executors compared to public executors.Based on the statutory principle of dispositive enforcement proceedings, the Ministry of Justice has no right to inspect procedural decisions, actions or inaction of a private executor on its own initiativewithout a complaint (administrative claim) of the participant in enforcement proceedings (and only after a court decision on this issue).Instead, written appeals of participants in enforcement proceedings regarding the actions of a private executor as a basis for unscheduled inspections of private executors, should be considered in the mannerprescribed by Art. 3 of the Law of Ukraine «On Citizens’ Appeals».The actions of a private executor as a subject of a written appeal of participants to the Ministry of Justice may not be related to the procedural activities of a private executor during the enforcement proceedings and must have signs of disciplinary misconduct.It is concluded that the subject of departmental control of the Ministry of Justice of Ukraine is the sphere of organization of private executors – powers under the Law of Ukraine «On bodies and personsenforcing court decisions and decisions of other bodies», and not their procedural actions during enforcement proceedings.

abstractTo remedy the structural and systemic socio-economic effects of apartheid, colonialism and patriarchy, South Africa’s constitutional legal framework provides creative remedies through anti-discrimination and employment equity (affirmative action) legislation to promote equal participation of women with disabilities in the workplace. In an Equality Court hearing, Singh, an applicant for a position of magistrate, argued that she was excluded from being short-listed ostensibly because as a partially blind woman, she would be unable to meet the requirement of a valid driver’s licence. Her disability status was not considered in applying the short-listing criteria. Singh successfully challenged the discrimination inherent in the short-listing process in Singh v Minister of Justice and Constitutional Development and Others (SA National Council for the Blind and another as Amici Curiae). The Equality Court ordered the Magistrate’s Commission to revise its criteria for short-listing in the appointment of magistrates to reflect the necessary racial and gender composition in appointments in the judiciary as well as to have regard for the need to promote persons with disabilities in its short-listing and appointment processes. The article will consider the relationship between race, gender and disability in employment equity (with emphasis on gender and disability) against the backdrop of the Singh case. It outlines the monitoring roles of two constitutional watchdogs: the Commission for Gender Equality (CGE), and the South African Human Rights Commission (SAHRC); and the enforcement role of the Commission for Employment Equity (CEE), in promoting equal workplace participation. The analysis of the Singh case and the greater legislative scheme can be used for employees and employers generally in understanding not just the importance and need for advancement of persons with disabilities in the workplace, but also in how this category of employees is considered in the hierarchy of other transformational grounds, such as race and gender and why it is not subordinate to those statuses. The article argues for a fuller notion of diversity, than mere representivity in employment equity, which would necessitate transforming current notions of “able-bodied and able-minded” norms within workplace processes of recruitment, appointment and retention practices. It recommends accountability fostered by the monitoring of state compliance by the Chapter Nine institutions, as well as strategic litigation to challenge state and non-state inaction or omissions.

In the face of the ongoing biodiversity crisis, questions are arising regarding the success, or lack thereof, of biodiversity offset schemes, where biodiversity losses from human development are compensated by producing equitable gains elsewhere. The overarching goal of offsetting is to deliver no net loss (NNL) of biodiversity. Assessing whether offsetting does indeed deliver NNL is, however, challenging because of a lack of clear and reliable information about offset schemes. Here we consider barriers in tracking NNL outcomes, outline criteria of public offset registers to enable accessible and credible reporting of NNL, and show how existing registers fail to satisfy those criteria. The lack of accessibility and transparency in existing registers represents a fundamental gap between NNL targets and a valid tracking system, which challenges the impetus to enact the transformative changes needed to reverse biodiversity decline.

California's regulatory forest carbon market: Viability for northeast landowners

In 1999, the Institute of Medicine [IOM] released its report, To Err is Human: Building a Safer Health System, which stated that as many as 98,000 people die annu- ally as the result of medical errors (Kohn, Corrigan, & Donald, 1999). Although medical management decisions are often dependent on laboratory testing results, the field of diagnostic medicine has received little recognition for its contribution to medical errors. The most significant error rate occurs during the preanalytic phase of specimen testing, both in hospitals and primary health care (PHC) centers. This phase is significant because it occurs outside the laboratory's supervision and control. Patient and specimen identification as well as collection and handling by nursing staff are a significant aspect of the patient's hospitalization. The patient's diagnosis, evaluation, and management may be dependent on laboratory testing results. A delay in treatment or inappropriate interventions can have a deleterious effect on patient outcomes as well as health care costs.An increased risk of error affecting patient safety is associated with preanalytic venous blood collection (VBC) procedures, including patient identification. In one survey (Wallin et al., 2010), Swedish laboratory staff compared to clinical ward staff reported better practices with respect to specimen collection and handling, but both clinical ward and laboratory staff indicated a failure to consistently follow standardized instructions for patient identification. Swedish PHC laboratory staff reported better performance than clinical staff for patient identification and VBC procedures, but important risks exist for patient misidentification and inaccurate test results, which can seriously affect the diagnosis and treatment of patients (Soderberg, Wallin, Grankvist, & Brulin, 2010). According to Carraro, Zago, and Plebani (2012), there was a high relative frequency of preanalytic errors, including patient misidentification and unacceptable samples, observed during the workflow on three Italian hospital wards.Reducing preanalytic VBC errors is difficult because of the complexity of the initial phase of the total testing process. Acute care preanalytic VBC practices are outside the laboratory's control and are not covered by the same regulated and documented procedures (Carraro et al., 2012; Wallin et al., 2010). According to Soderberg and colleagues (2010), laboratory staff undergo mandatory competency education based on regulated documented procedures that may have contributed to their superior performance regarding VBC practice. All three studies stressed the need to recognize blood sample results as a product of the total testing process with several error-prone steps (Carraro et al., 2012; Soderberg et al., 2010; Wallin et al., 2010).Collaborative laboratory and clinical quality improvement (QI) initiatives including ongoing monitoring, process redesign, and staff training and education are necessary to improve VBC practices. Wallin et al. (2010) stressed the importance of collaborative efforts between acute care and laboratory staff in ongoing competency training of all clinical staff about preanalytic VBC practice. Soderberg et al. (2010) also stressed the need for collaborative efforts between laboratory and PHC staff as a way to reduce VBC errors. A systems approach, involving all phases of the total testing process, is needed to improve the quality of VBC practices. Ongoing monitoring of compliance with an evidence-based protocol for specimen collection and identification should be performed after clinical and laboratory staff collaborate in the development and standardization of such protocols regarding VBC procedures (Carraro et al., 2012).In an attempt to decrease error in the preanalytic phase of specimen collection, a process called Critical Check was developed and implemented by six South Carolina hospitals with a sustained 90% patient-label mismatch error reduction more than 90 days (Hospitals seek 90% reduction, 2012). …

To assess whether products sold in the Australian alcohol market are displaying the mandatory pregnancy warning label as per the design requirements. Between June and November 2023, data collectors photographed 5,964 unique alcoholic products from three Sydney alcohol retailers. A random sample of 20% of the 3,760 products displaying the mandatory pregnancy warning label was analysed to assess whether they met the design requirements outlined in the Food Standards Code. Across the sample, 11% of products displaying the mandatory pregnancy label did not do so correctly. Adherence was lowest for spirits (73%), then wine (90%), beer (94%)and premix (97%). In terms of package type, adherence was lowest for individual beverages in containers >800 ml in volume (74%). The findings indicate that the application of the mandatory pregnancy warning label may be suboptimal in the Australian alcohol market. The lower adherence among spirits and wine products is concerning given their higher alcohol content. For the effectiveness of the mandatory pregnancy warning label to be optimised, it must be displayed as per specifications. There is a need for ongoing compliance monitoring to improve adherence.

The potential of artificial intelligence to revolutionize the creation of self-adapting Governance, Risk, and Compliance (GRC) systems is explored in this article. It discusses how organizations are transitioning from traditional, manual GRC processes to sophisticated AI-driven solutions that can autonomously adapt to evolving regulatory landscapes. The article illustrates how reinforcement learning, adaptive algorithms, and neural networks reshape GRC practices by examining current implementation challenges, technological foundations, and future opportunities. It also discusses critical implementation factors across technological, regulatory, and organizational aspects while highlighting real-world applications in intelligent policymaking, predictive risk management, and ongoing compliance monitoring. The article addresses future developments in GRC technology, such as enhanced ecosystem creation, advanced analytics, and integration capabilities. Analyzing prospects and challenges provides valuable insights for companies implementing self-adapting GRC systems while maintaining robust governance frameworks.

The article deals with determination of the problem aspects of juridical possibility (admissibility) or impossibility (inadmissibility) of protection of property right to real estate in case of refusal of registration subject (particularly state registrar) to provide the state registration of such a right within juridical mechanism of the original right-acquisition. The author highlights the essence of right-establishing and right-proving conceptions of state registration in sphere of real estate civil circulation. The legal opinions formulated in the judgment of the Constitutional Court of Ukraine of November 16, 2022 in case No 3-270/2019(6302/19) are analyzed. It is concluded that taking into account the subject-matter of the case had been listened by the Constitutional Court of Ukraine the conclusions made by the court deals mostly with the juridical consequences of nullification of right registration decision particularly in aspect of interference with the right, concepts of legal certainty and a fair balance. It is stated that the conclusions made by the Constitutional Court of Ukraine characterizes the conceptual limitation of protective possibilities of participants of real estate civil circulation. On the one hand the probability of taking away the power of the Ministry of Justice of Ukraine and its territorial bodies to nullify (to abolish) the state registrar decisions relates to cancelation of the legal mechanisms of administrative protection of rights to real estate including the property right in case of refusal of registration subject (particularly state registrar) to provide the state registration of such a right within juridical mechanism of the original right-acquisition. At the same time on the other hand the conclusions made by the Constitutional Court of Ukraine do not solve finally the problem of possibility or impossibility of protection of property right to real estate in case of refusal of registration subject (particularly state registrar) to provide the state registration of such a right within juridical mechanism of the original right-acquisition. Key words: protection of the rights, real estate, refusal of rights registration, nullification of right registration decision.

The article presents forensic veterinary characteristics of fractures, fracture dislocations, dislocations and subluxations of skeletal bones in animals classified as severe injuries, including open and closed fractures of the upper and lower jaws, which lead to inability to receive normal food and water after healing; fracture or fracture dislocation of one or more thoracic or lumbar vertebrae along with spinal cord dysfunction or in the presence of clinically established severe shock; fracture of the dorsal or ventral arch of the first cervical vertebra; fractures and fracture dislocations of arches from the second to the seventh cervical vertebrae, as well as fractures of the dentate gyrus of the second cervical vertebra, including or excluding violation of the integrity and function of the spinal cord; dislocations and subluxations of the cervical vertebrae with life-threatening phenomena; closed fractures of the hyoid bone, closed and open injuries of the endocrine glands, which are located in the neck (thyroid, parathyroid, thymus - in young animals) - with life-threatening phenomena; open fractures of the humerus, femur and tibia; pelvic fractures with life-threatening phenomena. These injuries are classified as severe due to the fact that they harm the health of the animal and are life-threatening at the time of infliction, or after a certain period of time. They lead to the emergence and development of life-threatening phenomena and without necessary and sufficient veterinary care may end in death. A bone fracture is a complete violation of its anatomical integrity. Fractures can be non-fragmentary with the division of the bone into two fragments, fragmentary, and traumatic epiphysiolysis (with separation of bone part). If traumatic dislocation is accompanied by a fracture of the articular end of the bone, this condition should be diagnosed as fracture dislocation. For forensic veterinary examination of animals in case of fractures of tubular bones, such important features as the type of deformation (displacement (cutting), bending, compression, torsion, tension), the direction of the fracture line, the depth of penetration of fragments, the place of application of fractures, differentiation of injury, establishing the characteristics of the subject, the sequence of injury and the mechanism of injury should be taken into account. The empirical basis of the study is the analysis of expert opinions on the results of forensic veterinary examinations on animal cruelty, conducted in the Bureau of Forensic Veterinary Research at Kharkiv State Zooveterinary Academy from 2010 to 2020, as well as at the laboratory of forensic research of the National Research Center “Institute of Forensic Science named after Professor M.S. Bokarius” of the Ministry of Justice of Ukraine from 2017 to 2020. The aim of the study was to provide forensic veterinary characteristics of fractures of the skeletal bones in animals qualified as serious injuries. Modern methods of scientific cognition are used, in particular: general scientific (system-structural analysis, logical-grammatical, modelling), as well as special (clinical and pathomorphological).