Digitalization as a Global Process and a Legal Challenge

The article examines the regulatory and legal support for the implementation of state policy in the field of execution of criminal sentences under martial law. The relevance of the topic is due to the transformation of the conditions for the functioning of the penal system of Ukraine as a result of the armed aggression of the Russian Federation, which exacerbated existing and revealed new problems of legal regulation in the field of execution of criminal sentences. The current state of the legislative and regulatory framework that determines the activities of bodies and institutions of the penal system is analyzed, and its compliance with the conditions of the legal regime of martial law is also clarified. Particular attention is paid to the problem of the lack of a coordinated terminological approach to the definition of the concepts of "regulatory and legal support" and "implementation of state policy in the field of execution of criminal sentences". The author's definition of the concept of "normative and legal support for the implementation of state policy in the field of execution of criminal sentences under martial law" is proposed, which combines normative, institutional and functional approaches. The main problematic issues of a regulatory and legal nature caused by the introduction of martial law in Ukraine have been identified. Special attention is paid to the problem of ensuring legal certainty for the staff of penal institutions and persons held in them, as well as the role of strategic and departmental documents in the implementation of state policy under martial law. The lack of special financial and legal mechanisms and uniform minimum standards for the functioning of penal institutions during the war is emphasized. Key words: state policy in the field of execution of criminal sentences, execution of criminal sentences, regulatory and legal support, martial law, penal system, State Penal Service of Ukraine, human rights, pre-trial detention centers, institutions, public control.

The object of the study is labor relations developing in the northern regions. The subject of the study is regulatory legal acts devoted to the legal regulation of labor of persons working and living in the northern regions, special legal literature devoted to the consideration of this issue. Particular attention is paid to the study of the regulation of labor relations under the rotation method of work. Today there is a need for an in-depth analysis of the impact of this method on social relations, the health of workers and their social adaptation, as well as legal regulation of issues of wages and working conditions. Based on the analysis, conclusions are drawn that the provision of human resources in the context of the development of the northern regions is an essential component of strategic planning that requires special attention, given the negative migration trends manifested by the outflow of population from these regions. The research methodology is based on the fact that the shift method, or rather the interest in it, expands beyond the technical and economic aspect, also covering the social, psychological and legal aspects of its application. As a result of the study, the following conclusions were formulated: it is important to pay attention to research and analysis aimed at identifying the main challenges and problems in the field of labor regulation in the north; establish a federal body that will deal with the registration and classification of rotation workers and Arctic base cities; provide housing and relocation support for all employees and create conditions to meet the leisure and sports needs of shift workers, ensuring comfortable living through the improvement of the urban environment. It is important to involve corporate structures in cooperation with municipalities to implement infrastructure development projects.

Chapter 18 of the Criminal Code of the Russian Federation includes norms aimed at protecting individuals from criminal attacks on sexual integrity and sexual freedom. This chapter is included in the section of crimes against the person, the objects of which are the highest values of a person and a citizen, and accordingly they should be subject to greater legal protection. Responsibility for committing depraved acts against minors is enshrined in Article 135 of the Criminal Code of the Russian Federation. This article examines some gaps in legal regulation that were identified during the analysis of the operation of this criminal law norm in practice. The analysis showed the presence of a number of problems in legal regulation, which have a detrimental effect on the qualification of the act, bringing a person to criminal responsibility and the administration of justice. There is a note in Article 131 of the Criminal Code of the Russian Federation, which made it possible to qualify depraved acts committed against persons under the age of twelve, according to paragraph «b» of Part 4 of Article 132 of the Criminal Code of the Russian Federation. Such a legislative device entailed violations of legislation, in particular the General Part of the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation and the Constitution of the Russian Federation. The article draws attention to the absence in Article 135 of the Criminal Code of the Russian Federation of such a qualifying feature as the commission of depraved acts through the use of information and telecommunications networks, including through the Internet, and also provides arguments indicating an increased public danger in the case of the commission of the investigated act in this way. In addition, in order to objectively consider the problems, statistical data and judicial practice are provided in the work. At the end of the study, the article draws conclusions and suggests ways to solve these problems.

Author analyzes the legal regulation of the organization of working time in the State Police of the Republic of Latvia. Author has ascertained problems in legal regulation and made conclusions about current legal situation and provided proposals for improving legal regulation in this area.

The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.

The aim of this study is a methodological analysis of the draft law that changes the concept of "tourist product." In accordance with the chosen goal, the following tasks have been set: to conduct a historical and legal analysis of the formation and development of the concept of "tourist product" and to investigate the content of the draft law aimed at differentiating the concept of "tourist product." The object of the study is the legal regulation of tourism activities in the Russian Federation, in particular – the regulatory framework defining the concept and content of the tourist product (including the Federal Law "On the Basics of Tourism Activities in the Russian Federation" from 1996), as well as draft law No. 918087. The subject of this article is the legal nature of the concept of "tourist product," its evolution, problematic aspects of interpretation and application, as well as the proposed differentiation of the concept with respect to different types of tourism (outbound, domestic, inbound) in the context of current transformational processes in the industry. The methodological basis of the study is formed on the basis of general scientific and special methods of cognition, including historical-legal, systematic, formal-legal, comparative-legal, dialectical methods, as well as the method of legal modeling. The scientific novelty of the research is confirmed by a comprehensive analysis of the legal nature of the tourist product, the development of a methodology for assessing the effectiveness of the differentiation of legal regulation, the identification of potential risks when implementing changes, the formation of a model for improving legal regulation, and the development of practical recommendations for minimizing legal risks. The theoretical significance of the work lies in the development of new approaches to understanding the legal nature of the tourist product in the context of its differentiation. The practical significance of the research consists in determining directions for minimizing legal risks when implementing a differentiated approach and creating a methodological basis for further research on the problems of legal regulation in the tourism sector. The results of the study can be used in the development of new regulatory legal acts in the field of tourism, in the law enforcement practice of government authorities, and in scientific research activities.

The institution of a court fine is a measure of legal responsibility (official enforcement) for procedural violations, expressed in the form of a monetary sanction. The court fine is not uncommon to all types of legal proceedings, and its history goes back more than 100 years. However, it is in the Civil Procedure Code of the Russian Federation that the institution of a court fine has a special legal regulation, which differs significantly from similar regulation of the said relations in other procedural codes, which has also led to significant differences in the practical implementation of the said measure of enforcement. This includes a special procedure for protecting the rights of a person who has been fined, and the specifics of judicial practice on issues of bringing to liability in the form of a fine for disrespect for the court, and the ambiguity of the legislator’s approach to regulating the issue of the procedure for executing court decisions on the imposition of a fine on officials. The paper analyzes the legal regulation of the institution of judicial fines and the practice of its application in civil proceedings, identifies problems and suggests ways to solve them.

The research is conducted in order to develop practical recommendations for the further development and improvement of various forms or sources of law, individual legal acts, norms and institutions. The main objective of the article is to highlight the problems of legal regulation in the theory of legal science and in law enforcement practice, the elaboration of legal mechanisms and recommendations for improving current legislation, overcoming legal gaps.The subject of the research is the norms of Russian legislation regulating relations in the field of development work, legal positions reflected in judicial practice. The object of research is public relations related to the legal institution of a contract for the performance of development work. These agreements belong to the group of consensual, retaliatory and mutual, that is, bilaterally binding agreements that are considered concluded from the moment the parties reach all essential conditions.This type of contract has the features characteristic of both contracts for the performance of work and contracts for the provision of services. The practice of using this legal institution shows the dualistic legal nature of contracts of this type and the need to separate it into a separate independent type of contract – a contract of design activities and special legal regulation. Today in Russia, the contract for the implementation of the R&D is considered adjacent to the contract for the performance of work and is regulated by Chapter 38 of the Civil Code of the Russian Federation.The purpose of this article is to study the main features of the contract for the performance of experimental design work, generalization or isolation of its general and specific features, analysis of various points of view on the issue of its legal nature, review of Russian legislation, as well as Russian judicial practice, their positive and negative aspects.Methodology. In order to best solve the task, a systematic approach was used in combination with a logical method. This allowed us to study the theoretical, factual and legal foundations of the phenomenon of the contract for the implementation of R&D. The comparative legal method was also used by comparing single legal concepts and processes, contrasting legal norms and identifying similarities and differences between them, using conclusions by analogy, relying on the similarity of the signs of the facts being studied, which will allow transferring the signs from one phenomenon being studied to another.Main results and scope of application. The article outlines the main features of the contract for the implementation of R&D, different points of view on the definition of the legal nature of this type of contract. The results of the study contribute to the identification of problems of legal regulation in the theory of legal science and in law enforcement practice, the elaboration of legal mechanisms and recommendations for improving current legislation, overcoming legal gaps.

The purpose of the study is to examine issues arising in the legislation of Kazakhstan and law enforcement practice governing legal relations between the parties to the surrogacy agreement. The theoretical and practical significance of the study lies in the fact that its results can be taken into account by legislators when amending and supplementing legislative acts on healthcare issues, by practitioners when drafting surrogacy agreements, theorists when preparing teaching materials on medical and reproductive law, and citizens when exercising their constitutional right to health protection through the use of surrogacy. The study concludes that the existing difficulties in the application of surrogacy arise, first, from the fact that surrogacy remains outside the scope of comprehensive state legal regulation. Second, to the legal conflicts, gaps, and other defects in the legislation of Kazakhstan regulating the application of assisted reproductive methods and technologies legal conflicts, gaps, and other defects that prevent citizens from exercising their constitutional right to reproductive health, motherhood, and fatherhood, as well as the regulation of legal relations between persons involved in the use of surrogacy. Third, uncertainty or misunderstanding of the procedure itself for fertilizing male and female sex cells outside the human body, the procedure for transferring and implanting a human embryo into a gestational carrier – a third party providing services for carrying a pregnancy and giving birth to children who are genetically unrelated to them – as well as the legal nature and all essential terms of a surrogacy agreement, such as: the main subject and object, the scope of rights and obligations of the parties, and the limits and measures of responsibility of the participants in the process. The reliability of the obtained results is ensured by the chosen methodological basis of the research, which includes a set of general scientific theoretical and special private practical methods of cognition.

In the context of the rapid development of information and communication technologies and the proclamation of the constitutional right of everyone to freely search, receive and disseminate information, it is becoming increasingly difficult to restrict access to information of various kinds. Meanwhile, the confidential information at the disposal of the employer, access to which he restricts either in his own interests (commercial secret), or in the public interest or in the interests of third parties (information that has a secret regime, personal data of individuals) needs protection. The subject of the study is the provisions of the legislation, including labor legislation, which allow the employer, as the owner of confidential information, to build a system of limited access to it and take measures against employees who violate the established rules for protecting information. An analysis of the relevant norms leads to the conclusion that in the rapidly developing information society, which provides ample opportunities for the instant transmission (distribution) of a significant amount of information, the current legal regulation does not fully meet the requirements for balancing the rights and legitimate interests of the employee and the employer, since it allows the employer to stop the employee's access to protected information only by dismissing him on a disciplinary basis, which forces the employer to make such decisions even in cases where there are no grounds for this fixed by law (disclosure), thereby violating the rights of the employee. In this regard, it is proposed to introduce a legal mechanism for depriving an employee of access to confidential information when he commits actions that create a threat of its dissemination, which, on the one hand, will exclude him from working with such information, and on the other hand, will allow him (under certain conditions) to continue work for this employer. Such a mechanism, being aimed at optimal reconciliation of the interests of employers and employees, will ensure the right of the employer to the protection of information and at the same time will not allow excessive restriction of the rights of the employee.

The article reveals the legal problems associated with finding a treasure containing cultural values. According to the author, the person who found the treasure, without special knowledge, cannot independently determine its cultural significance. The paper also examines the legal consequences of the discovery of a treasure, which includes archaeological items. The normative legal regulation of these public relations has its own peculiarities. Based on the analysis of the norms of the current legislation of the Russian Federation in the field of protection of cultural heritage objects and law enforcement practice related to the finding of archaeological treasures, determining their fate, the author formulates a number of conclusions and proposals for improving legislation.

The artiсle is devoted to a number of both theoretiсal and praсtiсal problems related to the legal regulation of joint-stoсk сompany’s obligations to disсlose information and provide information, in partiсular, their сontent, relationship, goals of legal regulation of these duties, the сonsequenсes of their violation, as well as a list of information to be disсlosed joint stoсk сompany. The author argues that the obligation to disсlose information and the obligation to provide it are two independent obligations of the сompany. The researсhers show various approaсhes to defining the goals of establishing the obligations of a joint stoсk сompany to disсlose information and provide it. Examines the existing judiсial praсtiсe in this area. Problems in legal regulation of сivil and legal сonsequenсes of violation of these obligations by a joint-stoсk сompany are revealed. Made proposals to improve their legal regulation.

The article is devoted to the problems of legal and individual regulation of relations arising in the course of control and supervisory activities in the field of financial markets. In the context of the goals and content of reforming the legislation on control and supervisory activities and the urgent tasks of improving the judicial procedure for resolving public law cases, the regulation of control and supervisory activities in the field of financial markets is investigated, theoretical and practical proposals and recommendations in this area are substantiated.

The article develops the author’s research on the problems of administrative responsibility for violation of public licensing rules. It evaluates the current state of administrative responsibility of these legal relations in the Russian Federation and suggests the possibility of borrowing certain provisions of foreign legislation in view of the preparation and discussion of draft new legislation on administrative responsibility. To date, numerous changes and additions are being made to the Administrative Code of the Russian Federation, which do not solve some problems in the institute of administrative responsibility. Based on the results of the study of the features of administrative responsibility for violation of public licensing rules, gaps and problems in legal regulation in the Russian Federation are identified, mainly due to their accumulation and the need to change over the twenty-year period of the existence of the Administrative Code of the Russian Federation. The options for borrowing some provisions from the legislation on administration are proposed.

The article is devoted to the analysis of the basic legislation that regulates the spheres of gambling and lotteries, the identification of problems and gaps in the legal regulation of this sphere, which affect the process of proving criminal offenses provided for in Art. 203-2 of the Criminal Code of Ukraine and the formation of scientific proposals on ways to solve these problems. The authors draw attention to the fact that the gambling business has always been and will remain a high-risk type of activity characterized by a high level of the shadow sphere, and a number of unsolved problems of legal regulation today help illegal businesses evade criminal responsibility for carrying out illegal activities, because these problems do not allow pre-trial investigation bodies to establish the event of a criminal offense, which is the central element of the subject of proof, primarily during the qualification of such actions as: issuing or conducting lotteries by a person who does not have the status of a lottery operator; the organization or functioning of institutions for the purpose of providing access to gambling games or lotteries conducted on the Internet. As a result, no more than 10% of criminal proceedings initiated under Art. 203-2 of the Criminal Code of Ukraine end with the court’s sentencing. The authors admit that today restrictions or prohibitions in the activity of organizing and conducting gambling games do not hold lotteries, and for the activity and issuance and holding of lotteries, the prohibition of conducting gambling games does not allow to make an unambiguous conclusion, a lottery or a gambling game is conducted based only on visual signs. Therefore, the authors provide a set of features that allow us to distinguish between these types of activities. Also, the problems of special legislation that regulate the procedures for the implementation of these types of activities are clearly defined, and specific ways of solving these problems are proposed for the Parliament, the Government and KRAIL.