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The enactment of the Hong Kong National Security Act, July 2020, sparked accusations of breaches of commitments made in 1997 and US retaliation. The article reevaluates the process of Hong Kong’s handover to China under the principle of “one country, two systems” and emphasizes the role of social movements in demanding political, socioeconomic and cultural improvements. It concludes by pointing out the need for a overhaul of the Basic Law, for reforms, for the recovery of governmental legitimacy and that the Sino-American conflict contributed to an increase of tensions., A promulgação da Lei de Segurança Nacional de Hong Kong, julho de 2020, provocou acusações de rompimento de compromissos assumidos em 1997 e retaliações estadunidenses. O artigo reavalia o processo de devolução de Hong Kong à China sob o princípio de “um país, dois sistemas” e enfatiza o papel dos movimentos sociais reivindicando melhorias políticas, socioeconômicas e culturais. Conclui-se apontando a necessidade de uma reformulação da Lei Básica, de reformas, de recuperação da legitimidade governamental e que o conflito sino-americano contribuiu para ampliar as tensões.

Ungarns Verfassung von 2012 steht als symbolträchtigstes rechtliches Dokument der Ära Orbán seit seiner Verabschiedung europaweit im Kreuzfeuer der Kritik. Die Vorwürfe beziehen sich auf das ausgrenzende Verfahren der Verfassungsgebung, die ideologische Aufladung und auf die Aushebelung der Gewaltenteilung. Das Werk sucht rechtsdogmatisch begründete Antworten auf diese Kritikpunkte und verwendet hierfür die Errungenschaften der europäischen und der ungarischen Verfassungstradition als Maßstab. Besondere Aufmerksamkeit widmet der Autor den Höhen und Tiefen der ungarischen Rechtsgeschichte, der Zeit ab 1989/90 und letzten Endes der Frage, ob mit einer langen Lebensdauer des Grundgesetzes in einem demokratischen Europa gerechnet werden kann. Hungary's 2012 Basic Law, the most symbolic legal document of the Orbán era, has been in the crossfire of criticism throughout Europe from the moment it has been adopted. The objections refer to the exclusionary procedure of constitution-making, the ideological bias, and the undermining of the separation of powers. This study seeks well-founded legal dogmatic answers to these criticisms, using the achievements of the European and Hungarian constitutional traditions as a yardstick. Special attention is paid to the ups and downs of Hungarian legal history, to the period after 1989/90, and finally to the question of whether the Fundamental Law can be expected to have a long life in a democratic Europe.

Der Autor behandelt überblicksartig mehrere für den Bildungskontext relevante Themen. Dazu zählen Ausführungen zum Sprachgebrauch im Themenfeld Rassismus, Fragen des gesellschaftlichen Zusammenhaltes, das Bundesprogramm „Demokratie leben!“ sowie das Magdeburger Manifests, einem Grundsatzpapier der Demokratiepädagogik. (DIPF/Orig.)

Die Rolle von Kinderrechten in Corona-Zeiten ist umstritten. Während beispielsweise manche den Schutz des Kindeswohls als Argument für Schulschließungen, Maskenpflicht und weitere Einschränkungen verwenden, fordern andere einen weitestgehend normalen Schulbetrieb und weniger strenge Maßnahmen – ebenfalls unter Bezug auf die Kinderrechte (z. B. Recht auf Bildung, Wohl des Kindes). Dieser Konflikt ist daher ideal geeignet, um Einsichten in das Thema Kinderrechte zu gewinnen und mögliche Spannungsverhältnisse exemplarisch, aktuali- tätsbezogen, problemorientiert und schülernah untersuchen. Die Arbeit gewann den zweiten Preis im Ideen-Wettbewerb der GWP – Die Corona-Krise im Unterricht.

The introduction of amendments to the Constitution of the Russian Federation necessitated a theoretical understanding of the established legal norms after their legislative update. Inclusion in the text of the state basic law of the public authorities concept, which requires its theoretical understanding, is of unconditional interest. To identify the specifics of the position of local self-government bodies in the state mechanism, depending on a particular model of state governance, it is necessary to study the experience of organization and functioning of the state apparatus at various historical stages. The aim of the study is to analyze the concepts of theoretical scientists on the legal nature and role of public authorities in the life of the state and to determine the position of local authorities in the public authority system in connection with consolidation of their unity with public authorities in the basic law of the state. In the process of research, the authors used general scientific methods of analysis and synthesis, as well as specific scientific methods - historical and comparative legal. It is concluded that, despite the novelty of the concept of public authorities in the text of the basic law of the state, conceptually it does not change the basis of the functional interaction of public authorities and local governments. Nevertheless, the normative consolidation of the unity of public authorities in the Constitution of the Russian Federation does not abolish the organizational separation of local self-government and its bodies from public authorities.

Este artículo analiza el proceso de transición hacia el autoritarismo que ha experimentado el sistema político de la Región Administrativa Especial de la Hong Kong a partir del análisis crítico y comparado de la literatura y de la normativa y la jurisprudencia constitucional. Si bien Hong Kong ha sido considerado en el pasado un régimen híbrido semidemocrático, desde 2014, las movilizaciones de la sociedad civil han provocado un endurecimiento de la estrategia del gobierno central y el progresivo vaciamiento del Estado de derecho de la región autónoma. Este estudio examina los principales factores que explican esta evolución: la inconcreción de su ordenamiento constitucional, el poder de interpretación de la Ley Básica de la región por parte del gobierno central y la adopción de la ley de seguridad nacional el 30 de junio de 2020.

Professional sports activities are always closely associated with numerous risks (risk of injury or even death of the athlete, the risk of using illicit drugs - doping, aleatory (risky) activities - bookmakers, sweepstakes, etc.). It is a direct violation of the Constitution of Ukraine, which proclaims the inalienable right of every person to life (Article 27) and recognizes it as the highest social value (Part 1, Article 3). Constitutional law, as the basic law, regulates social relations in all spheres of society. Accuracy, understanding, logic, consistency of legal norms - the main principles of constitutional rule-making, which not only prevent violations of rights, freedoms and legitimate interests of individuals and citizens, but also require careful study and detailed discussion of all bills in scientific and professional environment. Instead, in jurisprudence, the risk is one of the least studied legal categories, which does not take into account the realities of today and does not meet the requirements of modern society. The purpose of the article is to review and constitutional and legal analysis of the problem of risk in professional sports. The concept of risk in law is studied. The concept of "sports risk" as a kind of social risk is analyzed; its features are clarified, the subject, object and subject are specified. The classification of sports risks is considered. Particular attention is paid to the use of doping as one of the most common risk factors in the field of professional sports today. The need to immediately resolve the problem of risks on the level of the newly adopted Law of Ukraine "On Professional Sports" was emphasized. The expediency of establishing criminal liability for doping and any actions related to it (storage, manufacture, sale, transportation, etc.) is substantiated. Only in this case, the problem of risks in professional sports in general, and doping in particular, can be successfully solved.

Well known is the fact new hires of police agencies must complete a program of basic law enforcement training (BLET) before they can become sworn officers and this training usually occurs at police...

The purpose of the article is to study the concept and content of the constitutional principle of justice, its impact on constitutional relations, identifying problems that arose during the implementation of this principle during quarantine restrictions due to the pandemic of COVID-19. This goal was achieved through the use of such methods as analysis of comparative law and formal law method. The study found that the principle of justice, although not enshrined in the Basic Law of Ukraine, but it goes through the Constitution of Ukraine and procedural codes. The problematic issue is that there is no legislative definition of «justice». The practice of the Constitutional Court of Ukraine on the application of the principle of justice in its decisions is analyzed. It is substantiated that justice is a concept much broader than law and is a criterion for the legitimation of state power. The problems of realization of the constitutional principle of justice are investigated. It was found that the principles of law, which are enshrined in the Constitution of Ukraine and current legislation of Ukraine, are not properly implemented in our country. The reason for this is the mentality of Ukrainians, which is characterized by low legal and political culture, violation of the law, distrust to the authorities, devaluation of moral and spiritual values. On the part of officials, it is a misuse of office positions. It is justified that justice requires equal application of the law for all. However, everyone has his/her own understanding and vision of justice. This led to problems during the coronavirus pandemic. Violations such as the violation of the constitutional right to education have been identified, namely distance learning leads to a violation of the principles of justice and equality. Restrictions on small and medium-sized businesses during the COVID-19 pandemic discriminated against entrepreneurs compared to large businesses. As a result of the study, it was concluded that justice is a legal value and a fundamental principle of law, which permeates both the Constitution of Ukraine and current legislation. The realization of justice can be done only by observing the law. In Ukraine, it is quite difficult to implement this principle, because the laws are often unfair. During the quarantine restrictions, violations of constitutional human rights were revealed. Overcoming corruption and raising the legal culture and legal awareness of Ukrainians should be a necessary step for the effective implementation of the principle of justice.

Professor Dr. Florian Tremmel, an acknowledged Hungarian scholar of criminal law, paints and writes maqamat in his leisure time. The above-mentioned rhymed prose excellently expresses Florian Tremmels vocation, even affection for education and science. His adherents call him simple Master. Csaba Fenyvesi, who envisions himself as a follower of professor Tremmel, considers the quartet of knowledge, affection, humour and order as the Master’s Ars Poetica. Professor Fenyvesi means that these four key words ‘…can serve as guidelines in the activity of a law scholar, and so of the celebrated person, in his activity, mental conception, charisma, and what can be formulated - perhaps not exaggerating – also as an Ars Poetica for a law scholar, a school creating real Master.’ Florian Tremmel was born in Szombathely in 1941. He took his A-levels in the Premonstratensian secondary School „Nagy Lajos” in Szombathely and received his diploma at the Faculty of Law of the University of Pecs with the grade ‘summa cum laude’. After his certification he became first trainee then assistant lecturer and assistant professor at the Faculty of Procedural Law. In 1982, after defence of his dissertation in the topic civil suit, he became candidate. From 1991 he was appointed as leader of the Chair for Criminal Procedural Law. In 1994 he habilitated with his lecture ‘The Legal Remedy System of Criminal Procedural Law’ and he was appointed as university professor in the same year. In 2005 he became leader of the Chair for Criminal Procedural Law and Criminalistics and from 2007 he has worked as professor emeritus. FlorianTremmel has actively participated both in Hungarian and in international scientific public life. In 2003 he was organizer of the subsection criminal sciences at the anniversary conference ‘Law and lawyers on the edge of the 21st century’, in 2004 he organised the international conference titled ‘Physicians and lawyers in the criminal jurisdiction.’ He created the continuously expanding international legal forum, the Central European Criminal Cooperation in 2003. For his scientific and educational activities, he was priced with Officer Cross of the Merit of the Hungarian Republic in 2005, with Gold Grade of the merit Pro Facultate Iuridico-Politica Universitatis Quinqueecclesiensis in 2006 and with the Golden Professorship price in 2007. He presented more hundred publications, he has been author of numerous books, parts of book and papers. His most important works are: the textbook Hungarian Criminal Procedure, Civil Suit, the textbook and atlas Criminalistics (with co-author Csaba Fenyvesi), Evidence Theory, Rhetoric in the Judiciary, Evidences in the Criminal Procedure, New Hungarian Criminal Procedure (co-authors Csaba Fenyvesi and Csongor Herke), Basic Principles of Criminal Procedure in the Basic Law, The Theory of Criminal Procedural Law (co-authors Csaba Fenyvesi and Csongor Herke), Evidences in Criminal Procedure. Prof. Dr. FlorianTremmel was interviewed on the occasion of his eightieth birthday by Valer Danos, editor-in-chief of Belugyi Szemle and Csaba Szabo managing editor.

This study aims to examine how the concept of the application of the Open Proportional System in the Legislative Elections After the Amendment to the 1945 Constitution of the Republic of Indonesia is applied. This study uses a normative juridical method based on primary and secondary legal materials. The form of the results of this research is descriptive analysis, where the results of the research provide an objective description of the concept of the application of the Open Proportional System in the Legislative Elections After the Amendment to the 1945 Constitution of the Republic of Indonesia. The approaches in this study are: statute approach, and conceptual approach. In tracing legal materials, the author uses the Research library, and uses qualitative analysis. The results show that the application of the open proportional system in the legislative elections after the amendment to the 1945 Constitution of the Republic of Indonesia varies, the 2004 election with a limited open proportional system using a BPP value of 100%, the 2009 and 2014 elections applying a pure open proportional system using the hare quota method and the 2019 election applying the system pure open proportional with sound conversion method using sainte lague system. The open proportional system is also able to present a variety of electoral winning parties.

The New Israeli Basic Law that was adopted in 2018 called “Israel – the Nation State of the Jewish People” divided the Israeli society. Part of the inhabitants accepted this law with enthusiasm because of its emphasis on the reasons why the State of Israel was established. On the contrary, the more secular part of Israeli society, as well as the minority citizens, strongly objected to this law and described it as an unjust disregard of the non-Jewish citizens, an act of racial discrimination or even an apartheid. The aim of this paper is mainly to examine selected provisions of this law, i.e., the provisions related to the Israeli citizens, under public international law and find out to what extent these legal provisions are in accordance with or in contrary to international law.

The year 1945 brought a radical change in the German history. The total defeat landed the Reich in difficulty. On the territory of the German Reich four entities have been established which could only get in touch with each other if the Allied Powers allowed them. The Allies took over the supreme power after Germany’s unconditional surrender. The old-new German political parties had to face the state building under hard circumstances such as the lack of sovereignty. The postwar chaos could be overcome in four years, therefore two new states have been rebuilt on the territory of the ‘Third Reich’. This study is restricted to present the birth of West Germany also known as Federal Republic of Germany from 1948 when the Western Powers officially announced the establishment of a federal state in the West German area.

A tanulmány egy szélesebb körű kutatás részeként, az Alaptörvény XX. cikkében is elismert testi és lelki egészséghez való jog, s kiemelten az egészségügyi ellátás megszervezésével kapcsolatos állami kötelezettségek vonatkozásában készült. Az egészséghez való jogot, mint emberi jogot, napjainkban is fennálló jogérvényesítési dilemmájára tekintettel, többek között a Gazdasági, Szociális és Kulturális Jogok Nemzetközi Egyezségokmánya állami jelentéstételi mechanizmusában a 2009-es évben bevezetett közvetlen alkalmazhatósági indikátor és azzal összefüggő állami visszajelzések alapján vizsgáltam. Az említett indikátort ugyanis hosszabb távon a jogérvényesítés előmozdítására alkalmas kezdeményezésnek tartom abban a folyamatban, amelyet Buza László a nemzetközi jog programjellegű normáinak teljes értékű jogszabályokká alakításaként határozott meg. Ennek hazai vonatkozásban elengedhetetlen kiegészítőjeként tekinthetünk az Alaptörvény XX. cikk Alkotmánybíróság általi értelmezésére. Ezt az Alaptörvény elfogadásának tíz éves jubileuma mellett egyrészről alátámasztja, hogy a legutóbbi évek gyakorlatáról az államjelentések még nem reflektálnak. Másrészről, a testület által kimondottan, bár az alkotmányossági elbírálás alapját az alaptörvényi rendelkezések képezik, az mégsem zárkózik el feltétlenül a releváns nemzetközi és európai (jog)politikák, megközelítések vizsgálatától sem. Ezért elsőként a közvetlen alkalmazhatóságot és annak alkotmánybírósági gyakorlat által meghatározott akadályait, majd az államjelentések által nem érintett részkérdést tekintettem át.

The date of the 100th anniversary of the formation of the USSR makes it possible to refer to such a comprehensive publication of documents as "Top Secret": Lubyanka to Stalin on the situation in the country (1922 1934). In In 10 volumes. M., 2001 2017), belonging to the United State Political Administration (OGPU). The legal status of this structure was enshrined in Articles 61 63 of the Constitution of the USSR, adopted in January 1924. Supervision over the observance of the rule of law and the activities of the OGPU was entrusted to the Prosecutor of the Supreme Court. In 2019, at a meeting of the Russian Academy of Sciences, dedicated to "Fundamental problems of the development of modern Russian society," Academician A. Smirnov, referring to the topic of self-awareness, posed the question to the assembled participants: "Why does Russia exist on the world map?" What makes us "us", i.e. a community, and not just a collection of individuals?" And then he stated: "There is a reshaping of the cultural and civilizational map of the world." On the eve of the 100th anniversary of the formation of the largest civilizational state phenomenon the USSR, taking into account the formed rich source base, an appeal to the topic has a deep historical meaning. Moreover, an event on a planetary scale helps to clarify the current problems of the "actual past". Any event associated with the creation of a state, including the USSR in 1922, retains a certain secret, arouses a keen interest in its origins, the first steps in the political, economic and cultural spheres of the state. New state education - new social technologies, joining the efforts of the multinational community in the conditions of the just ended Civil War (1922). At its core, this is a truly unique phenomenon. Undoubtedly, a significant event in the life of the formed state was the adoption of the "Declaration on the formation of the USSR" (1922), which outlined the essence of the national state policy, its true goals. The Second Congress of Soviets of the USSR in January 1924 adopted the basic Law of the USSR the Constitution of the USSR, which set out the principles of arranging the new state education, its multivariate nature. The adoption of the Constitution marked the beginning of the path of recognition of the USSR.

The article touches upon the issues of the influence of worldview factors on the process of formation of law, and above all on the content of the fundamental law of the state. The characteristic of the specifics of the reflection of the axiological component in the constitutions of the states of the post-Soviet space is given. In this regard, the analysis of the latest changes in the constitutional text in the studied countries for the presence of ideological theses in them is carried out. The disclosure of the discussed topic is carried out through the prism of characterizing the problematic aspects of the concept of human rights, including the problem of its universality. Among other things, the article assesses the prospects for changing the Basic Law of the Republic of Belarus in the context of the reflection of national values in its text.

In this article the author considers the concept of restriction of individual rights in civil law, as well as the re-lationship between the concepts of restriction and encumbrance of civil rights. First of all, the lack of a legislative definition of the concept of restriction of individual rights in civil law, as well as the ambiguity of the position of the legislator on the use of the term restriction and its place among related conceptsIn writing this work, first of all, attention was paid to the Constitution of Ukraine, which is the Basic Law, which serves as a guide that establishes the general boundaries of human and civil rights. The connection of the provisions of the Constitution with the norms of the Civil Code of Ukraine within the framework of the chosen topic was presented. Emphasis is placed on the fundamental principle according to which the national legal system is built, namely: “everything is allowed that is not expressly prohibited by law.”The views of some scholars who adhere to their vision of the concepts under study are given. In addition, in this study, the relationship between the concepts of restriction and encumbrance of individual rights in civil law. In the process of writing this work, the positions of legal scholars who had relatively similar positions were given. They distinguish between the above concepts, and provide the relevant features. However, outside the scope of this study were many works of scientists who do not see a difference in these concepts.None of this was left out of the regulatory framework for the definition of the above concepts at the legislative level. In particular, it was found that in contrast to the concept of restriction of individual rights, including in civil law, the current legislation contains a definition of encumbrance. There are several acts that provide this definition. And in all cases, the definition is different.Based on the analysis of regulations, it was found that the legislator does not consistently approach the definition of encumbrance. In particular, in some cases the latter includes the encumbrancer’s right to the debtor’s movable property or restriction of such right, in others - prohibition or restriction of disposal and / or use of real estate, and in some cases the legislator identifies encumbrances and restrictions.According to the results of the study, the conclusions on the failure to define in national law the concept of re-strictions on the rights of persons in civil law, as well as the lack of a clear distinction between the concept of restric-tion of the right of person and encumbrance, in particular under civil law. There is a position on the need for further research on relevant topics, which will ensure clarity and clarity of the law, and promote its effective application, as well as consensus on this issue among scholars.

Given the uniqueness of the judicial system in the United States of America and the role of the Supreme Court in shaping the country’s entire judicial system, the authors devoted an article to an analysis of the Supreme Court of the United States as the body that makes up the country’s Basic Law, the Constitution. Taking into account the specificity of one of the oldest written Constitutions of the world, it was appropriate to understand the mechanism of its creation, the powers of the body, which creates it also in the characteristics of this body, which the authors of the article have implemented. The authors analyzed a number of scientific works of both domestic and foreign scholars, the legal literature of the United States of America, the provisions of the Constitution, and fundamentally analyzed the legal system of the United States, and in this way the authors reached the correct conclusions. The history of the creation of the Supreme Court of the United States, its functions and powers were also analysed. The stages of the creation of the Constitution and the procedure for amending it were studied; the evolution of the interpretation of various provisions and of the amendments to the Constitution was studied; The role of the Court’s case law in the creation of the Constitution has been clarified; a number of constitutional precedents have been examined, particularly those that have influenced the interpretation of the V Amendment to the United States Constitution. The term «living Constitution» had been interpreted and explained, what the phenomenon was and what role the Supreme Court played. Sufficient attention has been paid to the individual thoughts and views of Supreme Court judges in the various periods of the institution’s existence. Special attention was also devoted to the analysis of the content of the concept of “constitutional control”, its interpretation in a broad and narrow sense. In the conclusions, the authors stress the principal aim of the founding parents, what meaning was given to the provi-sion of the Constitution, and note the impact of the Court on the State, the social system and the legal status of the individual. In particular, the authors note that the Supreme Court of the United States of America has established effective and acceptable jurisprudence for the Ukrainian judicial system, which has provided the basis for this study.

Examining the liberal-democratic values ​​of the Polish Сonstitution of 1921, the author clarified the conditions under which the Polish state was formed in 1918. In general, the paper examines all sections of the constitution of March 17, 1921, carried out an article-by-article analysis of the basic law of the Polish state. Polish statehood was restored as a result of geopolitical changes following the First World War, including the victory of the Entente. Based on the guarantees contained in Woodrow Wilson's program, the Poles restored the Polish state. The Polish state in the postwar period faced a large number of political, social, economic and psychological problems that stood in the way of land integration and overcoming the gap with Western European states. It was found that the Constitution of March 17, 1921, in contrast to previous constitutional acts, established a clear division of power into legislative, executive and judicial, proclaimed the rights and freedoms of citizens. The Constitution stated that the supreme power in the republic belongs to the people. Both houses of parliament - the Seimas and the Senate - were not equal under the 1921 Constitution. Constitutional powers enabled parliament to revise and amend the constitution. It is noted that the executive power belonged to the President together with the relevant ministers. As for the judiciary, it belonged to independent courts. The constitution guaranteed broad rights to its citizens, as well as clearly defining the range of responsibilities that everyone had to perform properly. Thus, on the basis of the analysis conducted by the author, it was found that the Polish state adopted the model of the democratic system of France, and in terms of legislative activity also Weimar Germany. The Constitution of Poland incorporates such values ​​as citizenship and responsibility of the citizen, constitutionalism, freedom of speech, human dignity, honor and tolerance, freedom of conscience and justice, social order and equality.

The article is devoted to the study of legislative regulation of the powers of local governments in the field of environmental protection and the development of proposals for their improvement. It is noted that local governments occupy an separate and independent place in the mechanism of public administration, which indicates their special administrative and legal status. It is emphasized that local self-government bodies should be endowed with a sufficient amount of powers that would allow them to protect the interests of the administrative-territorial community in the field of environmental protection as effectively as possible. It is stated that the Constitution as the Basic Law of the state, taking into account the global importance of the issue of environmental protection should clearly and without any ambiguity in interpretation contain an article according to which local governments will be empowered to exercise primary control over environmental protection. natural environment at the local level and bringing perpetrators to justice. It is proposed to supplement Article 15 of the Law of Ukraine «On Environmental Protection», which defines the powers of local councils in the field of environmental protection, paragraph «й» of the following content: "decide to bring to administrative responsibility those guilty of violating legislation in the field of environmental protection environment of individuals and / or legal entities ". It is highlighted that based on the analysis of Part 4 of Art. 42 of the Law of Ukraine «On Local Self-Government in Ukraine», village, town, city mayor have a wide range of powers, but among these powers there are no ones that would give them the right to monitor compliance with environmental legislation in the region and bring perpetrators to justice. It is emphasized that local governments are given broad powers in terms of controling the activities of economic entities and they should be included as a subject of a lawsuit in accordance with Art. 16 of the Law of Ukraine "On Environmental Impact Assessment" in case of violations in the field of environmental impact assessment.

The article considers the constitutional and legal status of Subcarpathian Russia under the Constitution of the Czechoslovak Republic of February 29, 1920. Special attention is paid to the legal regulation of the highest state authorities of Czechoslovakia, as well as the position of national minorities in the country. Certainly, the First World War destroyed the political system and borders in Europe, which led to the creation of independent states, including Czechoslovakia. The newly created state faced a number of important tasks. The issues of state building, political system and establishing harmonious interethnic interaction between citizens were of paramount importance. Stabilization of the internal situation and success in the international arena were ensured by the adoption of a basic law - the constitution. After all, the constitution is the highest law of the country, which regulates the most important political and legal relations in it, establishes the basic provisions of law and order. It was established that the problem of Subcarpathian Russia was properly and in detail covered in the Constitution, although the terms of the Small Saint-Germain Peace Treaty on the "territory of the South Carpathian Ruthenians" did not require it. Nevertheless, both Czechoslovak specialists in state and legal issues and politicians of the republic considered it not only necessary but also necessary, primarily for state reasons, to fix the problem of the eastern province of the republic, Subcarpathian Russia, in the Constitution. Such a fixation, they believed, would demonstrate the sovereign right of the Czechoslovak Republic to the territory of Subcarpathian Russia, the constitutional legality of the region's membership in the Czechoslovak state. Demonstration of this right only by a separate law on the autonomy of Subcarpathian Russia would be insufficient, it would even feel some temporary solution to the problem.

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. Constitutional identity creates a subordination of norms in the constitutional text. The most important of them are on the top. Such a vertical system gives to the Constitutional courts a useful criterion for balancing different interests in a society. This criterion is fair enough, because it is stipulated by the constitution itself.Materials and methods. The materials for the study include the constitutions of states, whose content is related to the problem discussed, decisions of constitutional courts and the legal positions expressed in them, as well as the conclusions of the constitutional and legal doctrine. The study uses the comparative method, which makes it possible to compare homogeneous legal phenomena, the systemic method, with the help of which constitutional identity is considered as an integral part of the mechanism of legal regulation, the dogmatic method that reveals the legal nature of the subject under study, as well as the dialectical method, which gives a holistic idea of subject of research.Results. Constitutional identity, which determines the hierarchy of constitutional norms and values, characterizes a state, emphasizing its differences from others. Constitutional identity should be unchanged over time and free from ongoing changes to the constitutional text. Then it allows identifying the permanent features of a particular legal order and the state as a whole. Consequently, the principles of constitutional identity preserve the historical heritage of the people, the patterns of its development and a certain predictability of the future. Thus, constitutional identity ensures the continuity of different historical periods.Discussion and conclusions. According to the author, the application of the principles of constitutional identity can give the current legal order an internal structure, reflected in the text of the Basic Law. At the same time, constitutional norms build a hierarchy that can reflect the hierarchy of significant values. The presence of such a hierarchy expands the possibilities of legal protection of the constitution, since the constitutional courts have a criterion for «weighing» public and private interests.

The article is devoted to the study of the essence of the administrative and legal status of the President of Ukraine as a special subject of public administration. It is established that in the system of subjects of public administration the President of Ukraine is given a place among subjects of public administration which are not carried to bodies of the state executive power and local self-government, but which are endowed with separate powers to provide administrative influence in the sphere of public administration. The Council of Ukraine, the National Bank of Ukraine, the Verkhovna Rada Commissioner for Human Rights, military-civil administrations, etc. It is noted that since the introduction of the post of President of Ukraine, his role in the functioning of public authorities has been constantly reconsidered: from taking the post of head of the executive branch to bringing the President of Ukraine out of the triad of branches of power as provided by the Basic Law. It is determined that the legal status of the President of Ukraine in the field of public administration is mediated by his recognition as the head of state acting on its behalf; the guarantor of state sovereignty, territorial integrity of Ukraine, observance of the Constitution of Ukraine, human and civil rights and freedoms; the guarantor of the implementation of the strategic course of the state for the acquisition of full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization. It is established that the legal status of the President of Ukraine, which is enshrined in the Constitution of Ukraine, is the basis for the formation of his administrative and legal status. The content of the latter consists of the powers defined in Art. 106 of the Basic Law. Taking into account the criterion of functional purpose, the powers of the President of Ukraine in the field of public administration should be divided into powers of control (paragraphs 15, 16, 29, 30); powers to organize executive bodies (paragraphs 9–14, 22, 28); powers of management (paragraphs 17, 18); powers to establish certain states (paragraphs 19, 20, 21); other powers (paragraphs 24–27).

The paper deals with the contemporary systems of government in two Sub‑Saharan African states which belonged to the French colonial empire – Senegal and Ivory Coast. The Senegalese constitution of 2001 contains regulations based on the semi‑presidential model, whereas the Ivorian basic law of 2000 – on the presidential one (although it was not adopted in a pure form). Special attention is devoted to the similarities and differences between the two systems, taking into consideration their constitutional structure (e.g. powers of the head of state, political responsibility of ministers and other aspects of relations within the executive branch, as well as between the latter and the legislative one). It is also pointed out that since the two countries gained their independence in 1960 Senegal and Ivory Coast have had quite different political experiences, which have exerted a visible influence on the functioning of their systems of government in practice. One of the key factors that deserve to be taken into account is the ability to produce democratic alternation of power between presidential candidates and political parties taking part in the electoral process.

Article 4 of the Nation State Law (NSL), entitled ‘Languages’, stipulates that Hebrew is the language of the state (Article 4(a)); the Arabic language has a special status in the state and regulating the use of Arabic in or by state institutions will be set in law (Article 4(b)); and this clause does not harm the status given to the Arabic language before the law came into effect (Article 4(c), the ‘validity of laws’ clause). The question is whether, how, and to what extent these provisions hinder the present legal status of the Arabic language in Israel. The legal status of Arabic had never been determined decisively before enactment of the NSL. The High Court of Israel has always been divided on this matter, particularly between judges who perceived Arabic as an official language and judges who deemed it solely as having been granted its acknowledged ‘special legal status’. Furthermore, the judges who perceived Arabic as an official language of the state were also in dispute among themselves as to the meaning, the scope and the consequences of such recognition. Considering these circumstances, my view is that the NSL perpetuates the legal status of Arabic as prescribed in the laws and case law that already existed, and that the validity of laws clause, coupled with the special status granted to Arabic in a basic law, suggests that the door is still open for the Court to further endorse the legal status of Arabic in Israel.

The People’s Republic of China is, according to its Constitution, “a unitary multi-national state” based on the socialist system. The Constitution also allows the state to establish “special administrative regions” in light of “specific conditions.” This provision backs the principle of “One Country, Two Systems” that China applies to achieve territorial reunification, through allowing the relevant territories to continue with their capitalist system and way of life. This principle was operationalised in the cases of Hong Kong and Macau, resulting in the establishment of two Special Administrative Regions, each of which governed by a “Basic Law” prescribing the systems of the relevant region, when China resumed the exercise of sovereignty over them on 1 July 1997 and 20 December 1999 respectively. This article considers the two decades of constitutional and legal interactions between the Chinese “Central Authorities” and these sub-national Special Administrative Regions, so as to highlight the socialist mechanisms of central control that have been applied constitutionally, politically, economically and socially in Hong Kong and Macau to ensure that “One Country, Two Systems” with not be “distorted,” that national sovereignty, security and development interests are safeguarded, and that these regions will play a positive role in national economic development. It is clear from this study that the implementation of “One Country, Two Systems” in the two regions has been “developmental,” with the law serving the interests of the “Centre” under the leadership of the Communist Party of China.

This article aims to introduce German discussion on the approval of the non-invasive prenatal diagnosis (NIPD), which started with the development of PrenaTest® by LifeCodexx AG. The discussion started with the concern that the non-invasive nature of NIPD, such as PrenaTest®, may rapidly expand the use and scope of similar tests, thus leading to a new era of eugenics. Based on this concern, the need for clear clinical guidelines on specific indications for NIPD has been suggested. Along the same line, it was discussed whether PrenaTest® is against the Basic Law prohibiting discrimination on grounds of disability and whether the test is outside the scope of the purpose of gene testing limited by Genetic Diagnosis Act. Through such discussion, the Federal Ministry of Health of Germany established the preconditions for inclusion of NIPD in the German public health insurance system. For this, the German motherhood guideline was amended and the information for the insured persons provided to pregnant women was included in the amended guideline. Such discussion made in Germany provides insight on which points should be considered when various gene testings are accepted in Korea , in which genetic communication has not been systematized yet. In particular, German counseling system for pregnant women will provide valuable insights for Korea where the direction for regulations on abortion has not been established even after the ruling by the Constitutional Court that charges for abortion are against the constitution.

يتناول هذا البحث ماهية النظام الداخلي للمجلس التشريعي الفلسطيني ونطاق دستوريته؛ استناد لأحكام القانون الأساسي الفلسطيني. فتطرق البحث إلى تعريف هذا النظام، وطبيعته القانونية، وطريقة إصداره، ومرتبته القانونية. وقد توصل الباحث إلى أن النظام الداخلي للمجلس التشريعي يشير إلى مجموعة من القواعد التي تنظّم تكوين أجهزته، وشؤونه الداخلية، وكيفية أداء مهامه الدستورية في مجال الرقابة والتشريع، مما يضفي على قواعده الطبيعة الدستورية؛ لتعلقها بالمجلس التشريعي كسلطة دستورية، وعلاقته بالسلطة التنفيذية. كما توصل الباحث إلى أن القانون الأساسي أناط بالمجلس ذاته وضع وإصدار نظامه الداخلي، الذي يحتل مرتبة أدنى من هذا القانون، إلا أن إجراءات تعديل ذلك النظام منحته مرتبة أعلى من القوانين العادية. وفي إطار تناوله لنطاق دستورية النظام الداخلي، توصل الباحث إلى العديد من أوجه عدم الدستورية في تنظيمه لعلاقة المجلس بالحكومة، وفي وظيفته التشريعية، لذلك اقترح عدة تعديلات على النظام الداخلي بما يكفل معالجة أوجه المخالفة الدستورية في ضبط علاقة المجلس بالحكومة، وتنظيم وظيفته التشريعية. This research addresses the internal statute of Palestinian Legislative Council and its constitutionality according to the provisions of the Palestinian Basic Law. The research defines the statute, its legal nature, issuing process, and legal hierarchy. The researcher concludes that the statute is a set of rules that regulates council’s organs, affairs, and the performance of its constitutional oversight and legislation functions. This gives these rules a constitutional nature with regard to its legislative powers and its relation to the executive authority. The researcher also found out that the constitution has entitled the Council to regulate its internal statute, which is lower than that basic law. However, the procedures to amend this statute placed it in a higher rank than other legislative laws. Regarding to the constitutionality of the internal statute, the researcher underpins some unconstitutionality provisions that organize the Council’s relationship with the government and the council’s legislative function. Therefore, the researcher proposes several amendments to the internal statute to avoid such unconstitutionality.

This text synthesizes reflections on the dynamics and rationalities underlying the functioning of higher education (HE) in Angola, taking into account its social performance in view of the recurrent observations and inquiries regarding quality. Seeming to be anchored in the scrupulous compliance of the laws to the detriment of its social responsibility, the Angolan HE is questioning how to guarantee quality without extrapolating the legal requirements. The reflections seek to generate an understandingof the formation of a full individual adapted to the demands of the labor market and an ethically guided world citizen. The objective was to reflect the correlation between the instrumental paradigm and the socio‑constructivist perspective to guarantee the quality of HE, as a social process. The qualitative study is based on the documentary and content analysis of the basic law of the Angolan educational system and the statutes of the university teaching career and non‑university teaching. Theresults indicate the prevalence of an instrumental approach to the quality assurance system of the HE system in Angola.

The article is devoted to the history of coming to power and the analysis of the domestic and foreign policy of the President of the Arab Republic of Egypt (ARE), Field Marshal Abd-аl Fattah al-Sisi. The author notes that the new leader of the country chose a tough internal political course aimed at strengthening his own power and suppressing the opposition, fi rst of all, the Muslim Brotherhood (the organization’s activities are prohibited on the territory of the Russian Federation), and the 2014 Constitution and its 2019 amendments led to the virtual disappearance of the independent branches of power and its concentration in the hands of the president, as well as the consolidation in the Basic Law of provisions on the special role of the military in the life of society. Thus, the head of state and the Supreme Council of the Armed Forces determine the political processes in the country, controlling civil institutions. Unlike the traditional ARE course, Abd-al Fattah al-Sisi is building a tougher and more uncompromising policy, demonstrating a readiness to use force, primarily in Libya, narrowing his scope for diplomatic maneuver.

The article analyzes the international regulations governing the informatization of courts. An attempt was made to build a model of legal regulation of informatization of court activities, which is formed at the present stage in Ukraine and highlighted the levels of legal support. For a comprehensive analysis of legal regulation is necessary to study its components in their inseparable interaction, as a holistic system that provides the necessary efficiency set by society. It consists of certain links that are in interaction: each of them follows from the previous one. Therefore, legal regulation involves a systematic analysis, as well as the creation of a system of legal categories that reflects the multifaceted process of regulation. At this stage of development of the basics of legal regulation of information relations in the activities of courts, we consider it appropriate to develop a model of legal regulation of the use of information technology, appropriate diversity, which will correspond to the features and dynamics of regulated relations. Regulation of legal relations in the field of informatization in the courts is carried out at certain levels of legal regulation. The analysis of the hierarchical structure of the system of sources of the normative-legal base of informatization of the judicial system allowed to build the following levels of legal regulation in the field of informatization in the courts: the international level, which includes international acts that affect the legal regulation of relations in the field of informatization of courts; the constitutional level consists of the norms of the Basic Law of our state, which indirectly determine the basis for the next levels of legal regulation; the legislative level is a set of laws in the field of informatization of courts; the bylaw contains a significant number of acts issued on the basis of and to clarify the norms of the laws of Ukraine by specially authorized bodies; the local level is built by acts of judicial bodies, which are based on higher acts and extend their action within a particular court. Key words: court, informatization, legal support, international normative legal act, legal regulation.

Problem setting. According to the current Law of Ukraine «On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction», attorney offices and attorney associations are also included in the system of primary financial monitoring entities. However, with the entry into force on April 28, 2020, the updated version of the Law changed the procedure and conditions for financial monitoring, assigning a broader list of responsibilities, a number of grounds for prosecution for violating the Law, increased threshold transactions and more. The analysis of such innovations raised the question of the legal certainty and indisputability of some of these provisions. Therefore, the relevance of this work is to determine how successful the provisions of the new version of this Law have been in practice and how they have affected the implementation of primary financial monitoring by attorney offices and attorney associations over the past year. Target research. The purpose of the work is to analyze the provisions of the current Law, which have become novelties in the process of financial monitoring by attorney offices and attorney associations, to identify their problems that arise in practice and arise due to legislative inaccuracies or gaps, and to suggest solutions. Analysis of recent research and publication. The issue of changes for attorney offices and attorney associations as subjects of primary financial monitoring has become an active focus of many lawyers. Examples of authors who pay attention to this problem are Bilousov A.I., Panchyshyn A.D., Andrusyak V.V., Gaivoronskaya V.V., Pavlunenko K.L., Nechiporuk S.I., Onishchenko V.S., Bets N.P., Drozdov O.O., Drozdova O.G. and other. Article’s main body. One of the primary responsibilities of primary financial monitoring entities is to register. The Law does not contain more specific provisions on the terms of such duty and other conditions of registration. This issue was partially resolved by the adoption of the Resolution «Some issues of the organization of financial monitoring» of September 9, 2020. However, since it came into force only on January 1, 2021, the question arises as to the registration of those lawyers whose relations with clients were subject to financial monitoring and arose from the entry into force of the Basic Law. In addition, the question arose as to whether those attorney offices and attorney associations whose activities were aimed exclusively at providing protection, representing clients or advising them were obliged to register with a specially authorized body. After all, among the actions that the law allows not to perform in the case of providing such services, there is no exemption from the obligation to register. A topical issue for advocacy during the initial financial monitoring of their clients is the preservation of legal secrecy in this process. Lawyers see some uncertainty in national law in the possibility of a broad interpretation of the concept of «advising on the protection and representation of the client», as this is the basis that frees attorney offices and attorney associations from the obligations of primary financial monitoring of their clients. A similar generality is characteristic of the definition of «suspicion» in the Law, the existence of which the subjects of primary financial monitoring are obliged to report. As a result, attorney offices and attorney associations are effectively responsible for gathering information against their clients on a large scale. Conclusions and prospect of development. Adoption in 2019 of a new version of the Law «On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction» was aimed at a correct and useful goal. However, the legislator did not take into account all the issues that may arise in practice in the process of carrying out such activities. Some norms of the updated legislation also turned out to be imperfect. Based on this, it is necessary to define at the regulatory level all the requirements for registration of special financial monitoring entities by a special authorized body, to establish clearer rules for notification of suspicion by attorney offices and attorney associations and conditions for exemption from this obligation.

espanolEl presente articulo analiza los factores que caracterizan las relaciones sino-hongkonesas con el objetivo de analizar el futuro del regimen One Country, Two Systems desde un punto de vista del derecho constitucional. Las fuertes manifestaciones acontecidas en el ano 2019, asi como las ultimas acciones impulsadas por el Gobierno de Pekin, como la aprobacion de la ley de seguridad nacional, constituyen una senal inequivoca de la tension experimentada en la region ante el futuro incierto del regimen de Hong Kong, que parece estar limitado por el articulo 5 de su Ley Fundamental hasta el 30 de junio de 2047. Ante esta incertidumbre, esta investigacion valora tres posibles escenarios de futuro: Hong Kong pasa a formar parte de China continental, acontece una transicion democratica en la region o el regimen One Country, Two Systems perdura en el tiempo. EnglishThis article analyses from a Constitutional Law point of view, the factors that characterize Sino- Hongkonese relations with the aim of analysing the future of the One Country, Two Systems regime. The strong protests that took place in 2019 and the latest actions taken by the Beijing government, such as the approval of the national security law, constitute a clear sign of the tension experienced in the region in view of the uncertain future of the Hong Kong regime, which appears to be limited by Article 5 of its Basic Law to the 30th of June of 2047. In view of this uncertainty, this research assesses three possible future scenarios: Hong Kong becomes part of Mainland China, a democratic transition takes place in the region, or the One Country, Two Systems regime endures over time.

This study aims to describe the HOTS of students use a guided inquiry model on the basic laws of chemistry. This research is a library research, and the type of library research used is semi-systematic. Sources are secondary data from reputable scientific journals. The documentation method was used in collecting data and data analysis techniques used the Miles and Huberman method. Data analysis activities in the miles and huberman method consist of data reduction, data presentation, and conclusions. Based on the results of the journal review, it is concluded that the guided inquiry model can increase the HOTS of students and can be seen in the exploration, concept formation, application and closing stages of how to use the guided inquiry model in bringing out students HOTS on basic law of chemistry.

This study derived problems arising from the field application of “Seven Standards for School Safety Education” a representative policy of schools after the Sewol ferry sinking accident. As a result, the Seven Standard was analyzed that the basic law function of the school(School Safety Acts) needed to be strengthened to serve as the basic laws for school safety. Based on the students’ perceptions, the safety education of the school did not sufficiently meet the demands of students since the necessity was relatively higher than the satisfaction level of safety education. Teachers generally agreed with the purpose of the Seven Standards, they were passive in the implementation of education and showed negative tendency to administrative works related to safety education, so there is need to improve internal and external factors that hinder teachers implementation of safety education. In terms of policy execution, the Ministry of Education needs to make efforts to establish a policy to expand the expertise of the teachers in charge of safety education and to establish a school safety education system that supports the contents of the seven standards of education in cooperation with local related organizations and civic groups.

There are several intersections, in various aspects, between art, crafts, design and they contribute to the conceptual evolution of each of the sectors and, at the same time, to the interaction between them. In this study, there is a concern with the concepts related to art, handicrafts and design, their ambiguities, interrelationships, connections, in their respective updates during different times, which involve actions, technical and material terms, based on social and contextualizations. The methodology used opts for a synthesis and adaptation of the authors: Lobach, Munari and Baxter, in addition to Dijon De Moraes. The image, as visual communication, has different values, according to the context where they are inserted, and offer different information. In the same way that they will remain with greater or lesser intensity (condensing or diluting), for a greater or lesser time in people's repertoire of images. All these integrative possibilities are offered in relation to the already existing elements and the possibilities of "connections" that they will offer. Your permanence warning will be that of pregnancy in memory, that is, the real time of your true existence, not physical time, but, on the contrary, that of your psychophysical pregnancy, which gives consistency to the Gestalt laws, especially with regard to to its basic law of the pregnancy of form. The creator too. with his non-verbal communication in the artistic universe, he will use the same resource as his "archive of representative meanings" that he brings to memory, in accordance with the ethos of a collective body, as defined by Maffesoli.

The article discusses the specific mode of existence of values – balancing or op­timization when it comes to deontological values. The authors using examples of values such as the principles of law and human rights, the rules of balancing are analyzed, which, according to G. Hart's classification, are secondary norms. The critical issue for the legal balancing procedure is the relationship between legal reality and values as such. Are the constitutional and legal values set by the Basic Law (Constitution), or do they objectively exist in society as a general (pre-constitutional) order of values? Should the Basic Law be confined to its own text and remain value-neutral in this sense? Are legal values purely deonto­logical, or can they be related to utilitarian goals and interests? The second part of the article explores the value of balancing as one of the methods for resolving the most complex legal conflicts. The well-known dispute between J. Habermas and R. Alexy about the admissibility of balancing of human rights demonstrates how complex and philosophically rich the legal balancing procedure is. Based on Luhmann’s concept of the cognitive openness of law, at the end of the article, the authors substantiate their own position on the role of values in modern justice.

The article proves that the national issue, the national ideas and the national policy in the socio-political life of the multifaceted Russian emigration of China occupies a special place. The national processes considered by the authors, which took place in the USSR in the 1920s and 1940s, stirred up emigrant public opinion. Various emigrant publications from time to time gave their own assessment of the nation-building in the Soviet Union and of the constitutions of the USSR adopted in 1924 and 1936. Thus, the moderate democratic emigration considered it necessary in the future, i.e. after the liberation from Bolshevism, to preserve the provisions about the legal equality of nations fixed in the Soviet basic law. At the same time, it did not hide fears related to the Ukrainian, Polish and other separatist manifestations, which, under certain circumstances, could provoke the collapse of Russia. The representatives of the part of the Russian diaspora, that had a Russian identity, opposed separatism, which was destroying the unity of the three branches of the single, in their opinion, East Slavic people; they sharply criticized the policy of the Siberian oblastnichestvo (separatism), which was trying to separate Siberia from Russia. On the pages of democratic emigrant publications, they criticized Ukrainian, Polish, Georgian and other nationalists who tried to split Russia, to reduce it to national states. The novelty of the article is obvious, since the authors clearly define that the formation of the Soviet culture was understood by some emigrant scholars as a process of obscuring its Russian national component. Observed in parallel with the development of national cultures of non-Russian peoples, it could, in their opinion, warm up separatist tendencies in the USSR.

The article is devoted to the problems of the development of Ukrainian constitutionalism, identification of problematic issues and development of ways to avoid them. The research conducted in the article has established that constitutionalism is a complex and multifaceted political, legal, historical, social and cultural phenomenon. The article states that constitutionalism in modern scientific doctrine is considered in the historical-philosophical, political and legal aspects. Legal understanding of constitutionalism involves the normative consolidation and practical implementation of the features of constitutionalism, constitutional values and principles with the formation of appropriate regulatory methodology and mechanisms.It is also shown that constitutionalism is a complex systemic formation, which elements: factual and legal constitution, constitutional theory, constitutional relations, constitutional legal consciousness, constitutional legality and legal order. The basic values of constitutionalism include civil and political freedom, the service of the state to society and law, and civil consent. Society and the state are faced with the need to realize these shortcomings and make appropriate changes to the Constitution of Ukraine. Elaboration of the concept of amendments to the Basic Law and the draft law on amendments to the Constitution of Ukraine on its basis is becoming an increasingly important factor in stimulating further development of domestic constitutional and legal thought, raising legal awareness and legal culture. The state of modern Ukrainian society and the political process in Ukraine objectively requires the improvement of the constitutional regulation of public relations. The need and importance of changes to the Constitution is explained primarily by the need to improve the political and institutional design of statehood, the rejection of the vestiges of the Soviet legal heritage, the implementation of the latest political and legal vision of the state. Scientific support of constitutional and legal modernization should be based on the principles of deep mastery of the theory of modern constitutionalism, comprehensive analysis of Ukraine’s interaction with international institutions on constitutional reform, creative understanding of the European legal and political space to which Ukraine seeks to integrate. This will allow to determine the optimal ways of constitutional construction, which would organically combine the best foreign developments in this field and established domestic legal traditions.

The relevance of the article is stipulated by the necessity to rethink the basic law category – the principles of law, which are still perceived as declarations, as fundamental basis that do not directly regulate public relations and to which normativity is not inherent. The implementation of Western legal concepts, the provisions of the natural understanding of law increase the relevance of the study and are factors in the necessity to change the paradigm of law principles understanding. The purpose of the study is to focus the attention of domestic scholars in the field of law on the necessity to rethink such a phenomenon as law principles and to identify those features that reflect the essence of this phenomenon. It is noted that within the natural school of law, law principles cannot be assigned an optional role in the social relations regulation; principles of law are a form of law. It is substantiated that it is illogical to define law principles as the fundamental principles determining the content and direction of law system and at the same time make them dependent on the provisions of regulations and not to endow them with regulatory functions, not to endow them with normativity. It is emphasized that the European Court of Human Rights has repeatedly emphasized in its decisions (including decisions on complaints against Ukraine) that when the law does not meet the “quality of the law”, does not comply with the rule of law, the European Court of Human Rights does not consider restriction of human rights as such, which was carried out in accordance with the law. Thus, in fact, the law does not become normative, it remains only a prescription that does not regulate public relations. And this indicates the direct effect of the rule of law principle. It is argued that law enforcement agencies should be guided by the principles of law, especially in case of contradiction between the principles of law and legal norms. It is noted that the link of the principles of law with the rule of law in society can be traced through the connection of law with public relations, which is clearly reflected in sociological and historical approaches to law understanding. It is summarized that there is a necessity to rethink the understanding of specialized rules of law in the context of distinguishing of norms and principles as their separate type, especially in a situation where legal science distinguishes between the principles of law and norms of law.

The article considers the risks of amendments to the basic law of the state, which are associated with the inability to accurately predict political and managerial problems arising in the new constitutional context. An analysis is conducted of the changes in constitutions as the basis of the political, economic, and social life of the societies that are bifurcation points from which development can proceed in various directions. This creates risks at the stages of formation and functioning of complex public systems of authority, whose work greatly influences the creation of an optimal quality of life as the criterion of the basic goal of a modern democratic state. The analysis is comprised of factors that affect the reduction or levelling of such risks, or increase the possible of their occurrence. A developed democratic political culture and a high degree of public readiness for radical changes in the foundations of the political system (for example, France after World War II) are identified as factors that positively affect the state system, and excessive haste in decision making and lack of broad public fundamental changes discussion (for example, Germany in the early 90-ies of the last century) are identified as factors that negatively affect the social integration of society and the achievement of uniformity in the quality of life on the territory of the state. Both examples demonstrate in the Russian context the need to balance state policy in the process of implementing political decisions that led to amendments to the Constitution of the Russian Federation in 2020.

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.

espanolAunque no existe en los Estados Unidos una clausula similar a nuestro art. 155 o al art. 37 de la Ley Fundamental de Bonn, la intervencion federal ha encontrado una fuente de legitimidad tanto en la Constitucion de los Estados Unidos como en las leyes que la desarrollan. No obstante, el alcance de las normas referentes a la intervencion federal solo puede comprenderse desde las narrativas que las situan y las dotan de sentido. El proposito de este trabajo es, precisamente, hacer un recorrido historico por la regulacion y la aplicacion de la intervencion federal en Estados Unidos, desde la aprobacion de la Constitucion hasta nuestros dias. Como podra verse, la coercion federal en momentos criticos ha sido decisiva para el desarrollo de una autentica identidad nacional americana. EnglishAlthough a Constitutional clause similar to our article 155 or to article 37 Bonn Basic Law does not exist in the United States, federal intervention has found a source of legitimacy both in the United States Constitution and in the statutes developing it. However, the scope of the provisions regarding federal intervention can only be understood through the narratives that place them and provide them with meaning. The purpose of this article is precisely to explain the historical development of the norms regarding federal intervention and their application in the United States, from the ratification of the Constitution to our days. As will be seen, federal coercion in critical moments has been decisive for the development of a true American national identity.

The history of Hong Kong is intertwined with British colonialism and China’s Hong Kong policies. This history offers unique and important lessons on the rise and fall of Hong Kong’s constitutional order. In accordance with the 1984 Sino-British Joint Declaration, China declares 12 basic policies regarding Hong Kong and has translated these into the 1990 Hong Kong Basic Law. It is generally held that “One Country, Two Systems” will be the main constitutional architecture of Hong Kong for 50 years, and it will remain basically unchanged even after 2047. However, there are obvious difficulties and enormous differences on the interpretation of Article 5 of the Hong Kong Basic Law concerning the true meaning of “unchanged for 50 years.” Recent years have witnessed the great need for deciphering the time-code of the Basic Law because the question of 2047 draws closer and closer to the central stage for the determination of Hong Kong’s constitutional future. This Article aims to provide legal analysis on Article 5 of Hong Kong Basic Law and the constitutional fate of Hong Kong toward 2047. It distinguishes all sorts of Article 5 interpretations into three broad categories: “Unchanged for 50 years” as international promise, “unchanged for 50 years” as political commitment, and “unchanged for 50 years” as constitutional obligation. Different approaches have been utilized for various constitutional interpretations. But all in all, the constitutional puzzles regarding “unchanged for 50 years” must be addressed within the framework of the temporality of the Basic Law in a fast-paced world. In order to maintain the constitutional stability and endurance, to secure the unamendability of “One Country, Two Systems” in 2047 will be the best blessing for Hong Kong in every possible way.