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Lately lawyers and medical professionals pay more attention too the process of minor patient healthcare. The research shall address the issues of legal relationship between minor patients and medical professionals, consent to treatment of minor patients and communication problems including the scope of information which the doctor can provide to the minor patient’s relatives to protect themselves and patients. Legislation prescribes that the information provided by the medical professional to the minor patient must be not only easy-to-understand, but also be consistent with the patient’s age maturity. However, in Latvia, for example, there are no guidelines that specify how medical professionals can determine the patient’s maturity. In the course of provision of medical services to the minor persons legal disputes involving communiucation failures between the minor patients, their relatives, legal representatives and the doctors arise increasingly frequently. The research will look into issue of communication problems in healthcare. The aim of the research is to provide insight into challenges of legal relations betweem minor patients and medical professionals and communication problems in healthcare.

This paper deals with the discussions on accounting criteria taken place at the Board of Directors of the Bank of Spain short after its establishment. Shareholders pretended that Public Debt and real property should appear on the Balance sheet at market price values and some members of the Board of Directors shared this opinion. This was against the accounting principle of purchase price, which was the generally accepted at that time. Another burning matter discussed was the convenience of a wider disclosure of financial issues. The way to implement an accrual basis accounting was also a discussion subject as well as even the model that the published Balance sheet had to adopt. These discussions were so harsh that even the Governor, that is, the highest responsible of the institution, began to think to resign, although his appointment was made by the Government and not by the shareholders. Another questions regarding accounting were also the object of bitter criticism that caused the corresponding retorts on the part of the Bank in defence of its actuation and reputation. It seems that nowadays many of the arguments used to defend some accounting principles or to reject others are overcome. Nevertheless, it has to be concluded that the same reasons put forward in those times have been recently heard on the occasion of the acceptance of International Accounting Standard (IAS) in Europe. About 150 years later, in some way, the wax continues burning in the oil-lamp of the controversies. In order to insert the subject matter within its context, the paper begins with an explanation of the background of the Bank of Spain's establishment in 1856. For this purpose, it departs from its predecessor, the Spanish Bank of San Fernando, which in its turn was successor of the Bank of San Carlos, founded in 1782. The banking changes began at that time as a consequence of a new normative framework. Its configuration constitutes the starting point of the current Spanish banking system. The economic environment was stimulated by legislation on several more favourable fronts, which facilitated the entry of foreign investments as an economic path to develop the country. Under the new order, the Bank of Spain did not enjoy the traditional supremacy of its predecessors and experienced the pressure from the competitors, i.e., the Credit Societies, which under this denomination were authentic private banks. On the other hand, the Bank had to learn to assume some opposition to their management, administration and accounting criteria in the shareholders' meetings. This opposition constitutes properly the subject of the paper as seen above.

Outraged by the lack of concerted effort to fight the AIDS crisis, queer activists formed the direct-action AIDS organization, ACT UP, in 1987. They were enraged because tens of thousands of people, disproportionately gay and bisexual men, had died of AIDS, yet governmental, mass media, medical establishment, and other institutional responses were characterized by homophobia and genocidal neglect. Beginning with the first chapter in New York City in March 1987, activists soon established over 80 chapters in the United States, including Puerto Rico, and over 30 elsewhere, including Australia, Canada, and Europe. ACT UP's repertoire of innovative, confrontational tactics was decisive in publicizing myriad aspects of the HIV/AIDS crisis, increasing government HIV/AIDS budgets, preventing new HIV infections, galvanizing research, reshaping clinical drug trials, securing access to services and treatment for people living with HIV/AIDS, and fighting repressive legislation including calls to quarantine people with HIV/AIDS. ACT UP empowered people living with HIV/AIDS and challenged homophobia, racism, sexism, and other inequalities fueling the AIDS crisis. In the process, the organization ignited gay and lesbian pride, cultivating rebellious queer identities and political action that celebrated sexual difference and envisioned a more just and inclusive world. Most ACT UP chapters declined in the early to mid 1990s but a few continue to do vital AIDS activism today. Keywords: gay and lesbian studies; gay; gender; homosexuality; non-violence (ahinsa); police; queer theory; race; repression; sexuality; United States of America

OBJECTIVE The U.S. declared the opioid epidemic as a national public health emergency in 2017. Given the strong and bidirectional relationship between trauma and substance misuse, policy responses to this crisis that reflect principles of trauma-informed care are especially salient. This study is the first to use trauma-informed policy analysis to systematically assess the U.S. Congressional response to the opioid epidemic. METHOD We used policy mapping methods to build and analyze a dataset of all opioid-related bills and resolutions proposed in Congress between 2009 and 2017 (N = 188). Following an established trauma-informed policy analysis framework, 2 researchers reviewed these policies and coded their incorporation of trauma-specific language and the principles of safety; choice; trust and transparency; collaboration and peer support; empowerment; and intersectionality. We calculated coding frequencies in these categories and rates of intercoder agreement. RESULTS A minority of policies (10.6%) directly mentioned trauma and 55% of policies incorporated at least 1 trauma-informed principle. Safety was the most commonly coded principle (38.3%), while intersectionality was the least (6.9%). CONCLUSIONS Our analysis found limited attention to trauma in opioid-related federal legislation. Based on these findings and following the example of coalitions such as the Campaign for Trauma-Informed Policy and Practice, advocates can mobilize for better inclusion of trauma-informed principles in opioid policy. Further, this study demonstrates the feasibility of applying the trauma-informed policy analysis framework to code Congressional policies using publicly available data, a replicable methodology with potential application at federal and state levels. (PsycInfo Database Record (c) 2020 APA, all rights reserved).

School managers, teachers, students, as well as their parents are faced with increasingly frequent attempts to integrate the diversity of pupils as a result of integration policies at national and European level. Educational needs of impaired persons require special attention. Is necessary to make steps should be taken to ensure access to education for each category of disabled person as part of the education system. Legislative framework in the field of special education Romania takes into account the legislation created by the international bodies on the education of persons with special educational needs, to which Romania has adhered. This paper presents aspects regarding the organization of educational support services dedicated to children, students and young people with special educational needs in mainstream schools in accordance with Romanian law; it also underlines the international legal framework of reference.This paper is part of a wider project that focuses on teacher training to optimize the integration of SEN pupils into the mainstream school; we used data collection methods, such as social document study and focus-group. An integrated and tailored approach is needed for children with SEN (special educational needs); focus-groups organized with primary school and gymnasium children, as well as with support teachers, revealed a number of adaptation issues from both sides (pupils with SEN and students with no problems). On the other hand, the itinerant teachers are assaulted by a series organization problems and it becomes impossible to provide support and assistance to children with special needs who are growing in numbers.Training of teachers is one of the most important pillars in the integration of all those involved in education, it is the way to optimize service organizations. Teacher training must respond to the real and complex needs of the beneficiaries, based on exploratory learning.In the final, will be presented and analyzed the main important problems faced by both teachers and pupils in the current educational context. Keywords: special education, educational needs, integration policies, children, teachers

While Canada has long criminalized aspects of sex work, the specific act of purchasing sexual services was not against the lawper se.In 2014, however, the then Conservative government implemented new legislation targeting sex work clients. Given the criminalization and persistent stigmatization of their activities, assessing clients’ changing actions, perceptions, and knowledge of the new legislation is challenging. We thus turned to a major Canadian online sex work review forum to examine postings on forum threads. This paper examines the risk knowledge practices in which clients engage as they try to make sense of the modified legal regime and avoid new legal risks. Our findings illuminate clients’ varied understandings of their own criminalization.

This paper looks at UK’s preparations for the possibility of leaving the European Union without a negotiated deal with respect to civil justice in non-family cases. Although Parliamentary forces now appear aligned against a “no deal Brexit”, it remains the default option under both treaty and legislation. Moreover, in the absence of any reference to provision for civil justice matters in the Political Declaration, the signalling of the UK’s intentions with regard to these matters forms an important part of the background against which negotiations on a future UK-EU relationship will be conducted. If, on the other hand, the final outcome of the process is destined to be “no Brexit”, the following account will serve as a snapshot – hopefully interesting in itself - of a system of private international law that never existed.

Scope of practice decisions, such as granting pharmacists independent prescriptive authority, are governed at the state level and are often contentious debates. Five states – Florida (FL), New Mexico (NM), Colorado (CO), Idaho (ID), and Oregon (OR) -- have created structures that can theoretically expand independent prescriptive authority through decentralized approaches rather than needing the legislature to approve each drug that pharmacists may prescribe. These approaches have the potential advantage of allowing the states to expand independent pharmacist prescriptive authority to address public health needs more quickly. Four distinct models have been identified from most to least restrictive in practice: 1) medical veto; 2) interdisciplinary committee; 3) board of pharmacy; and 4) pharmacist-determined. These models have generally focused on postdiagnostic and preventive care by pharmacists. In terms of enabling broad pharmacist prescribing, only two of these models have demonstrated success: board of pharmacy and pharmacist-determined. Pharmacy and public health stakeholders considering similar legislation in their own states should consider the success of these decentralized models prior to enacting legislation.

Introduction: Many individuals who experience an injury go on to have subsequent injuries. This study examined the views of health professionals about potential opportunities to prevent subsequent injuries. Methods: Semi-structured individual interviews were held with a range of health professionals involved in treating injuries. Interviews examined opportunities for the prevention of subsequent injuries, particularly opportunities that may be implemented by health professionals. A thematic analysis of the data was undertaken. Results: Thirteen health professionals were interviewed, including physiotherapists, occupational therapists, and emergency department staff. Opportunities to prevent subsequent injuries aligned with the Dahlgren-Whitehead model of health determinants, representing opportunities to focus on demographic factors (e.g. older adults), individual lifestyle factors (e.g. alcohol consumption), social and community networks (e.g. social isolation), living and working conditions (e.g. access to preventive healthcare), and general socioeconomic, cultural, and environmental conditions (e.g. changes in legislation). Conclusions: Health professionals identified a number of opportunities for subsequent injury prevention, ranging from individually oriented interventions to broader societal interventions. Within their roles, health professionals highlighted potential opportunities to provide education, modify attitudes, engage in multi-disciplinary teamwork, and serve as advocates. Use of these strategies could help to reduce the disability burden presented by subsequent injuries.

Problem statement. Taxes as an economic concept have two meanings. First, they are the financial basis for the existence of the state, the basis for the development of all spheres, and the performance of various functions by the state. Second, the income of legal entities and individuals is redistributed through taxes. Therefore, the use of taxes and their administration affects not only each business entity or individual but also all social groups. Other countries have experience in the formation and implementation of tax policy, which can be implemented in domestic practice to improve relations between the state and business entities in taxation.Recent research and publications analysis. A number of scientists in their works study the foreign experience of the state in the taxation sphere, in particular, they pay attention to the problems of tax harmonization for certain types of taxes. A number of scientists have studied the contradictions and prospects of tax harmonization for certain EU member states. Many pieces of research of domestic scientists are also devoted to the problems of adaptation of tax legislation and tax policy to the requirements of the European Union. The entrepreneurial development contributes to the processes of formation and strengthening of the middle class in the country, which is an imperative of time for Ukraine. Western countries have made an evolutionary way of middle-class formation based on entrepreneurial development. Support of entrepreneurial development is not only an economic but also a social and political task to strengthen the state.Highlighting previously unsettled parts of the general problem. It is important to consider the processes of the formation and implementation of tax policy in terms of stimulating economic activities of business entities. Such researches and implementation of their results in practice lead to additional impetus in connection with the signing of the Association Agreement between Ukraine and the European Union. Paper main body. Taking into account the general EU legislation during the formation and implementation of tax policy in Ukraine will help to prepare the country for European integration and increase the effectiveness of cooperation between the state and business entities. Provisions on the state support for entrepreneurial development are provided in particular by Articles 379, 383, and 404 of the Association Agreement between Ukraine and the European Union, according to which the parties shall cooperate to: promote the development of innovation policy through exchange of information and best practices.Stimulating economic activities of business entities in European countries is multifaceted; considerable attention is paid to the problems of small and medium business development. A key document on EU policy in the area of small and medium-sized enterprises (SMEs) is the Small Business Act for Europe, by which EU countries are guided. The implementation of this document is facilitated by the European Small and Medium Business Support Program “Competitiveness of Enterprises and Small and Medium-sized Enterprises” (COSME). Ukraine officially joined this program in 2016. European researchers have found out that SMEs face higher costs than large enterprises. The following recommendations prevail over those developed for the governments of certain EU member states to reduce the total costs for administering corporate taxes (Total Enterprise Tax Compliance Costs): reducing the frequency of changes in the tax legislation, disseminating clearer and more timely tax accounting guidelines, using online platforms for consulting and tax payments, etc.The European Small Business Portal is a positive foreign example of supporting SMEs through information on potential financial opportunities. It provides information on the types and conditions of obtaining financial support for different areas of business activities in the EU as a whole. Similar business activities support systems operate at the level of individual countries. Implementation of the state support policy for producers in the EU is aimed at achieving different goals, including promoting economic growth without distorting significantly the competition. Over the last few years, the EU member states have tended to increase the role of tax support for innovation activities and reduce the role of other types of government assistance for research, development, and innovation. Some EU states supplement the standard list of tax instruments to stimulate innovation activities with additional benefits that can be provided to low-income companies. Conclusions of the research and prospects for further studies. The analyzed European experience makes it possible to identify certain trends in the formation of tax policy instruments aimed at intensifying the activities of business entities. First, they focus on simplifying the conditions for entrepreneurship, especially SMEs. Second, tax legislation is being harmonized in the EU member states, although the new EU members observe some negative economic consequences of this process. Third, specific recommendations have been developed for a number of countries to improve tax policy, including reducing the variability of tax legislation, disseminating tax accounting guidance, etc. Fourth, preferential taxation is aimed at, first of all, stimulating the innovation activities of business entities.

Problem setting. The Institute of Public Services is a determining factor in the development of civil society and an indicator of the effectiveness and efficiency of public administration. An aspire of the Ukrainian state to implement the European integration course involves significant reforming in the system of public services performance, as the absence of democratic traditions in the relationship between government structures and society and also the shortcomings of the public administration system lead to levelling the overall image of the state on the world stage and the decrease of social and economic development of society. Therefore, the regulation of public services, their content and types within the context of public administration requires completeness in accordance with contemporary challenges and the need for reforming pursuant to the European integration aspirations of the Ukrainian state.Recent research and publications analysis. Issues connected with essence and particularities of public services are raised in the publications of such scientists as V. Averianov, V. Vakulenko, I. Venedyktova, V. Harashchuk, N. Hnydiuk, I. Kolisnychenko, A. Kirmach, I. Koliushko, T. Kolomoiets, V. Mamonova, L. Mickiewicz, N. Nyzhnyk, R. Rudnitska, S. Serohin, V. Soroko, V. Tymoschuk, Yu. Tykhomyrov, L. Tereshchenko, A. Chemerys, Yu. Sharov and other. However, the development of scientific idea, the expansion of terminological tools and the need to take into account the world’s experience encourages the deepening of research works on understanding of the public services and their place in the system of public administration at the present stage of Ukrainian society development.Highlighting previously unsettled parts of the general problem. The purpose of this article is to assess the degree of scientific development of the concept of public services, clarify the concept and essence of these services, as well as the algorithm for their implementation, and determine the role of public services in ensuring the quality of public administration.Paper main body. Public services are provided not only by public authorities, but also by regional and local, as well as various organizations and associations, which are established by legislation that determines their universality, flexibility and complexity. It is the regionalization that makes it possible to distinguish public services from purely state ones, significantly expanding the understanding of given concept and enabling consumers to receive more specific types of services.The concept of “public services” is much more wide-ranging and involves much more components and interactions than “state services”, as they can be provided by both governmental and non-governmental structures. The process of providing the public services is a complex system based on components that harmonize with each other. At the same time, it is necessary to follow the sequence of decision-making, providing particular services to the consumers. The peculiarity of this process is that the managers in such case are not only the state and its authorities, but also non-governmental structures, but all of them must act in a coordinated and purposeful manner for the interests of the state and its population.Public services in the field of public administration should be considered as a set of focused actions of state and municipal government authorities, enterprises, citizens and their associations, public organizations and other state entities, which are authorized under the applicable law to provide services, the aim of which is to meet requirements and basic needs of natural and legal persons and full-fledged social and economic development of the state.The availability of public services provides the cooperation of public authorities and those entities that receive such services by purposeful, full-fledged and reasonable public administration, which is intended to guarantee high-quality consumer services. The quality of administrative public actions in this particular case provides the result, which is expressed in meeting the basic requirements of those who need them, regardless of political, economic, social, cultural, mental and other circumstances, the development of the legal framework, etc.Public services is a complex concept that can be viewed from many points of view and different perspectives by many scientists and researchers. The existence of this concept is due to the objective circumstances of the development of modern society, whereby it must operate on the basis of democracy and taking into account the interests of all members of society. Service consumers must have guarantees of receiving all necessary services from the state, which will give them confidence in the future meeting of their requirements and successful self-perfection. A wide range of public services in a particular country testifies to its civilized and progressive development and also the ability to confidently face up to the challenges that constantly arise at the present stage of civilization development.Conclusions of the research and prospects for further studies. The complex procedure of providing public services in the field of public administration permits to claim that they are aimed to solve many problems that modern society faces. Meanwhile, they are not a strictly prerogative of the state, as this concept is more wide-ranging than the state services. The ability of non-governmental entities to provide public services indicates a high level of public administration and steady development of the state as a whole.

У статті аналізуються наукова література, міжнародні та вітчизняні нормативно-правові документи, медико-статистичні дані, що визначають актуальність проблеми, медико-соціальні, біоетичні, правові аспекти еутаназії та паліативної і хоспісної допомоги (ПХД) як альтернативи еутаназії. Мета роботи: представити аналіз ситуації в Україні і у світі щодо нормативно-правової оцінки і ставлення суспільства до еутаназії та її альтернативи – ПХД, стратегій та підходів до розвитку служби ПХД в рамках реформування системи охорони громадського здоров’я в Україні. Матеріали дослідження. Матеріалами для дослідження при виконанні представленої роботи були документи ВООЗ та міжнародних організацій, законодавча база України, вітчизняна та закордонна наукова література, міжнародні та вітчизняні нормативно-правові документи, що стосуються еутаназії та ПХД, медико-статистичні дані Держкомітету статистики та звіти МОЗ України. Методи дослідження. Авторами були використані наступні методи: інформаційно-аналітичний, бібліосемантичний, системного підходу, структурно-логічного аналізу та порівняльного контент-аналізу. Результати дослідження та обговорення. Ефективна і доступна система ПХД, застосовуючи мультидисциплінарний та міжсекторальний підхід, може адекватно реагувати та задовольняти потреби паліативних пацієнтів та їхніх рідних, що сприяє забезпеченню належної якості життя і зменшує бажання в інкурабельних хворих щодо застосування еутаназії. Це визначає велике медико-соціальне, економічне та гуманітарне значення ПХД – цього інноваційного напрямку охорони здоров’я і соціального захисту населення, яка є важливою складовою реформування системи охорони здоров’я в Україні. Найбільш важливими є міжнародні нормативно-правові акти, що стверджують невід’ємні права людини, і які, з точки зору більшості юристів, забороняють еутаназію, хоча в деяких країнах має місце легалізація та застосування еутаназії. Законодавство України однозначно забороняє еутаназію. Висновки. 1. Забезпечення максимально досяжного рівня якості життя інкурабельних хворих з обмеженим прогнозом тривалості життя стало в останні десятиліття однією з найважливіших гуманітарних проблем сучасного суспільства, що зумовлено несприятливими медико-демографічними процесами, зокрема постарінням населення і збільшенням смертності від хронічних неінфекційних захворювань. 2. Зазначене потребує оптимальної організації та розвитку сучасної ефективної та доступної системи ПХД, яка є інноваційним медико-соціальним мультидисциплінарним підходом, що найбільш адекватно забезпечує потреби та належну якість життя паліативних пацієнтів та їхніх рідних, сприяє збереженню людської гідності наприкінці біологічного життя. 3. Відповідно до сучасних міжнародних концепцій та стандартів, ПХД має забезпечити 4 обов’язкових складових: медичну, психологічну, соціальну і духовну. 4. Сьогодні найбільш важливими є міжнародні нормативно-правові акти, що стверджують невід’ємні права людини, і які, з точки зору більшості юристів, забороняють еутаназію, хоча в деяких країнах спостерігається тенденція до легалізації та застосування еутаназії. 5. Чинне законодавство України однозначно забороняє еутаназію. 6. Зазначене потребує створення та розвитку в Україні доступної та ефективної системи надання ПХД населенню як альтернативи еутаназії.

Reform of the abortion laws in favour of the well-being of pregnant women is one aspect of the removal of gender discrimination. The Medical Termination of Pregnancy Act (MTP Act) 1971, was a breakthrough legislation in this regard, as it reduced the number of unsafe illegal abortions. With advancements in ultrasonography and genetic technologies, many foetal malformations and genetic disorders were being diagnosed after 20 weeks of gestation. The fact that termination of pregnancy was not legally permitted beyond 20 weeks of gestation caused great distress to such women, and highlighted the need to increase the upper limit of termination of pregnancy. Concurrently, there has been greater awareness around the world on the rights of women to take decisions regarding their own bodies. The MTP Bill, 2020, has come as a breath of fresh air extending the term limit for legal abortions to 24 weeks for certain categories of women, and removing the limit for abortion in the presence of a significant foetal abnormality. The amendments were recently approved by Parliament and the President of India, and have become law as of March 25, 2021. This paper presents the amendments made and their implications for obstetric, ultrasonographic and foetal medical practice. It also presents a critique of the various Acts and suggests further amendments that would enhance the value of the Act.

The article highlights the need to adopt an integrated program act, which would determine not only scientific and theoretical fundamentals of the institute of legal entities as actors of administrative law but also would stipulate, based on elaborated and unified scientific provisions, the basic vectors of reforming and developing administrative legislation on a legal entity. Through the prism of particular fundamentals of administrative doctrine, the current legislation, and its practical application, the authors propose to introduce a possible option of the structure and the most general and important provisions of the Concept of reforming the domestic administrative law on a legal entity.

Background The opioid epidemic is a health crisis in the United States. Within orthopedic surgery, opioid misuse and incautious prescription remains a concern. In the last several years, there has been a growing interest and public effort toward reducing opioid use in total joint arthroplasty (TJA) in response to the opioid epidemic in the United States. We aim to review opioid-limiting practices, policies, and legislations that are implemented at the state level and nationally that are relevant to TJA, as well as evaluate studies that measure the efficacy of these policies in the management of patients undergoing TJA. Methods Two independent reviewers conducted a systematic review of national and state level opioid-limiting policies implemented in the United States and their effects on opioid prescription, in accordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses statement (PRISMA). Results We identified 3 national bills and 9 policies set forth by national organizations that imposed limits on opioid prescription. Opioid-reducing legislation was also identified in 24 states, with the majority specifying a 7-day limit on initial opioid prescription for acute pain management. Six research studies evaluating the impact of opioid-restricting policies on postoperative opioid prescription for TJA patients were found. Three studies assessed legislation at the state level while the others were institution-based guidelines. Overall, these studies demonstrated a significant decrease in mean morphine milligram equivalents of initial opioid prescription after implementing the policies. Conclusion Recent opioid-restricting legislation is effective in decreasing postoperative opioid prescriptions following TJA.

This study examines the relationship between state legislation relevant to equality for sexual minorities and past-year suicide attempts among lesbian, gay, bisexual, and questioning (LGBQ) adolescents in the United States.Data were aggregated from 24 states that participated in the 2017 Youth Risk Behavior Surveillance System (LGBQ adolescents were significantly more likely to report having made a suicide attempt in the past year than heterosexual youth (adjusted odds ratio [AOR]: 3.82; 95% confidence interval [CI]: 3.29-4.44). The 2016 SEI moderated the positive association between sexual minority identity and suicide attempts, with odds of past-year suicide attempts significantly reduced in states with more inclusive legislation (AOR: 0.91; CI: 0.85-0.97). Among sexual minority subgroups, significant effect modifications were found for bisexual (AOR: 0.88; CI: 0.77-0.99) and questioning (AOR: 0.87; CI: 0.78-0.96) - but not gay or lesbian (AOR: 1.10; CI: 0.97-1.24) - adolescents. The effect modification was strongest for bisexual males (AOR: 0.68; CI: 0.47-0.99).State legislation relevant to equality for sexual minorities differentially affected associations between sexual minority identity and suicide attempts, such that past-year suicide attempts were substantially lower in states with more inclusive legislation. Inclusive state legislation may exert a protective effect on risk for suicide attempts among sexual minority youth.

The article examines some modern trends in the development of domestic legislation, as well as general theoretical legal thinking. One of them is a noticeable spread in the legislative acts of Ukraine of those terms that have an outlet to the problem of legal understanding, for example, they talk about such words as: «right», «justice», «unjust sentence», «unright agreement», «unright use», «unright actions», «unright gain». Such terminology can be directly used in legal regulatory practice, and taking into account the pluralism of legal thinking, known from ancient times to this day, inevitably there is a need for an official explanation, interpretation of one or another of the given terminological concepts. In all the above cases, the following question will inevitably arise: the terms above are synonyms for the adjectives lawful, illegal, and are similar to them? Or, on the contrary, in the examples given above, they are talking about some other – meaningful and different – from legal / illegal – phenomenon? If we are inclined to the first answer, the question arises: for what purpose different terms were used to name the same phenomenon? If we support the second of the possible answers, then it directly leads to the problem of legal thinking. One of the aspects of the general problem of legal thinking is the substantive allocation of the so-called phenomenon of the antipode of the phenomenon of right, – the phenomenon of unright. The urgency of solving this practically significant task is illustrated, in particular, by the fact that, for example, in the current Criminal Code of Ukraine, adjectives unright gain are used almost sixty times! What complex of problems in legal regulation, this situation generates, can be seen by analyzing, for example, the reaction of the Constitutional Court of Ukraine regarding the inconsistency of the Constitution of Ukraine with the provisions of Art. 375 of the Criminal Code of Ukraine. Arguing this decision, the Constitutional Court of Ukraine referred to the fact that, in particular: a) formulation of this article allows possibility of abuse by the bodies of pre-trial investigation, in connection with legal clarity, unambiguity in content of the norm is lost when they are applied; b) the situation under discussion creates the possibility of an official assessment of the court decision by non-judicial bodies, which contradicts the principle of the distribution of power. It seems remarkable that in response to the aforementioned decision of the Constitutional Court of Ukraine, almost half of those judges who took part in the consideration of this case expressed separate opinions in which they thoroughly criticized the arguments of the Court. Without resorting to a specific analysis of each of these thoughts, we state the pluralistic interpretation of the first part of the complex word «unjust» by different judges of the Constitutional Court of Ukraine. We explain it by the socially-natural heterogeneity, the interpretation of any evaluative legal concepts by various subjects of society in the process of legal regulation.

Legal certainty is considered in the paper not only as one of the general principles of law and one of the requirements of the Rule of Law, but also as a fundamental feature and condition of the significance of law and its instrumental value in general. In this regard, the definitions of the Rule of Law conception and the lists of its components proposed by Western philosophers and theorists of law and by the Venice Commission are analyzed. Elements of the principle of legal certainty such as legislation and case law accessibility, legal acts’ predictability, principles of case law unity, legitimate expectations, res judicata, the European concept of autonomous interpretation and the American doctrine of uncertainty of law are covered. By analyzing and synthesizing theoretical concepts of the principle of legal certainty, the practice of its interpretation and application by European and national courts, the connections between it and other general principles of law (in particular – principles of legality and reasonableness), this principle plays a key role in the Rule of Law implementation in the national legal system.

Historical policy was one of the main directions of the domestic policy of the Roh Moo-hyuns government (2003-2008). The ideological justification of revising the 20th century history of Korea was the idea of building a new Korean society based on the principles of democracy and the rule of civil rights and freedoms. Through the implementation of a new historical policy the Roh Moo-hyuns government tried to prove that the creation of such a society was impossible without revealing the truth about the historical past, in which the state repeatedly neglected civil rights and committed crimes. Increased attention to issues of restoration of the historical justice is typical for the current government of Moon Jae-in, the political successor of Roh Moo-hyun. Based on the analysis of the governmental documents, legislation this paper reveals the main disagreements between political parties of the Republic of Korea around the establishment of the Truth and Reconciliation Commission, identifies the key results of its activities.

In Belarus the Belarusian-Russian bilingualism is legalized constitutionally and the existing language legal framework has a long-standing basis for civil agreement on the use and functioning of both state languages. However, in recent years there have appeared a number of negative phenomena aroused by certain shifts in the structure of the communicative interactions. This refers, in particular, to a recently defined offence of insult of the language. This phenomenon is new to the Belarusian linguistic-legal discourse and the interest in it predetermined the purpose of this research, namely, to study the phenomenon of insult of the language from the standpoint of modern Belarusian linguistic legal expertise. Materials and methods. The research is based on records of administrative offences that violate the language regulations. The methodological basis comprises the method of parameterization and the logical-linguistic, comparative and lexical-semantic analyzes. Results. The research carries out both the theoretical analysis of the phenomenon of insult of the language from the standpoint of linguistic expertise and the practical analysis of conflict-prone texts. Unlike personal insults, where the defining parameters are factfulness, attributiveness and non-normativity, insults of the language are only defined in legal practice by the parameter of attributiveness, i.e. by the presence of words in the remark that derogate the language and demean its status. The obtained results indicate that the Belarusian legislation system treats the language with a special regard. Firstly, acknowledgement of the fact that the language can suffer an insult proves its special role among other cultural artifacts. Secondly, the legal practice demonstrates respect for the language and regards it as a super entity that stands above the category of personality.

The most important aspect of the transition to the knowledge society is the interaction of science and industry. The article considers the triple helix theory as a basis for managing the innovative economy. The interaction of science and business can provide Russia with larger incomes, especially provided the state participation in the countrys innovative economic development. The authors analyze official documents regulating the cooperation of universities, research institutions and innovative enterprises, and the features of financing this cooperation. The article is based on the databases of the monitoring research of the Institute of Sociology of FCTAS RAS Continuous education and knowledge- intensive industries: Institutions and practices of interaction which was conducted with the financial support of the Russian Science Foundation. On the basis of 100 expert interviews conducted in 2017- 2019 in 12 regions of the Russian federal districts with key figures of innovation processes (chief engineers, leading designers, rectors, ministers, heads of development institutions, venture funds, technoparks and special economic zones), the authors describe the practices of interaction of scienceintensive companies with other participants of the innovative economy. In the framework of the triple helix theory, the authors consider the interaction of knowledge-intensive enterprises with higher educational institutions, the main challenges these enterprises face, investment legislation and risks of investment in scientific research. The authors argue that the state policy in this field needs a network of subjects that would ensure a dialogue between the state, science, business and education at different stages of creating and promoting innovative products. The authors also consider some issues of the development of innovation infrastructure, and possibilities of using the experience of other countries.

The article examines the conceptual ideas of the World Russian Peoples Council, acting under the auspices of the Russian Orthodox Church, regarding the implementation of the right to freedom of conscience and the status of religious associations in Russia. Furthermore, the speeches of heads of the states at the Councils were studied for their attitude to the ideological content of the activities of this organization. On the basis of the data obtained, the author attempts to find a correlation between the proposals voiced at the Councils on changing certain aspects in the religious sphere and the reforms of the Russian legislation on freedom of conscience. As a result of this study, a striking coincidence was revealed between the two factors mentioned: the provisions discussed at the Councils, as a rule, after some time were reflected in Russian normative legal acts. Not having sufficient grounds for declaring an unambiguous causal relationship between conciliar ideas and legislative reform, one can, in any case, assume a significant impact of the activities of the World Russian Peoples Council on the state policy in implementation of the right to freedom of conscience in modern Russia.

In Russia, the aim to attain biosafety is declared in the strategic political documents without being adequately addressed in law relating to interaction between human communities and natural systems. To involve the ecological approaches into environmental legislation it seems reasonable to include into the general concept of beneficial quality of the environment the biological health of nature, when the impact of pathogenic, disease generating factors emanated by nature shall be minimized. The legal regulation should be based on the ecosystem and nature-based approach assuming that social development should follow and be in harmony with laws of nature. This approach will allow to upkeep the biological balance and biological health of nature and ensure biological safety of nature for human communities.

The problem of induced termination of pregnancy has been a burning issue for mankind for centuries. An analysis of doctrine and legislation demonstrates that there is no consensus on this issue. The problem of induced termination of pregnancy is defined by ethical, religious, medical, social and legal aspects, which is also associated with the uncertainty of the legal status of the embryo. The aim of the study is to analyze the legislation of Latin American countries regarding the legal regulation of abortion, in order to verify its compliance with the fundamental rights - the right to life, the right to health and the right to inviolability. Special scientific methods were used in the research: comparative law, legal and technical methods. The relevance of the problem stems from the need to solve the controversial issue of legalization of artificial termination of pregnancy. The existence of disagreement lies in the lack of a unified approach in seeking to resolve this situation.

The article deals with the topical issues of searching and identifying legal indicators of the socio-economic category quality of life. The goals and objectives of social development, respect for and protection of socio-economic rights and freedoms of citizens, improvement of legislation in the study area are specified with the help of theoretical and applied methodological levels of legal analysts. The expediency of formulation and use of the legal criteria for the quality and standard of living is justified; it helps to identify the state as social and law-governed. The author focuses on the need to apply an interdisciplinary approach in the research of the category the quality of life, which is of mutual importance for legal, economic and, in general, socio-humanitarian science.

Silage is a source of roughage obtained by anaerobic fermentation of fresh green feeds, certain vegetable products, and agricultural and industrial waste. Silage is widely used to feed animals and is importance for animals, humans, and the environment. This study, it was aimed to examine the production, use, and importance of silage, which is widely used in animal nutrition, in terms of legislation. Therefore, the study analyzed national and European Union legislation on the subject. For this purpose, content analysis was carried out on the relevant Turkey and European Union legislation. The scans determined that seven national and four European Union regulations could be related to issues animal feeding and silage. Therefore, it can be said that the issues related to silage management, including the precautions from production to consumption, should be defined in a way that minimizes the detrimental effects on animal, human and environmental health. Accordingly, specific regulations should be made on silage., Silaj; taze yeşil yemler, diğer bazı bitkisel ürünler ile tarımsal ve endüstriyel artıkların oksijensiz ortamlarda fermantasyonu ile elde edilen kaba yem kaynağıdır. Silaj, hayvan beslemede yaygın olarak kullanılmakta, hayvan, insan ve çevre açısından önem taşımaktadır. Çalışmada hayvan beslemede yaygın olarak kullanılan silajın üretimi, kullanımı ve öneminin mevzuat açısından incelenmesi amaçlandı. Bu amaçla konuyla ilgili Türkiye ve Avrupa Birliği mevzuatına içerik analizi yapıldı. Yapılan taramalarda hayvan besleme ve silaj konusu ile ilgili olabilecek yedi ulusal ve dört Avrupa Birliği düzenlemesi olduğu belirlendi. Üretimden tüketime kadar olan önlemler de dahil olmak üzere silaj yönetimi ile ilgili hususların hayvan, insan ve çevre sağlığı üzerindeki zararlı etkilerini en aza indirecek şekilde tanımlanması ve bu doğrultuda silaj konusunda spesifik düzenlemeler yapılması gerektiği söylenebilir.

O projeto político-pedagógico é um documento de gestão escolar, obrigatório para as escolas públicas, estabelecido na legislação federal brasileira. O objetivo da pesquisa realizada foi desvelar a ideologia e a utopia subjacentes aos projetos político-pedagógicos. A pesquisa empírica de metodologia mista foi realizada em dois períodos: 2010-2012 e 2018-2019, e empregou, como método quantitativo, o método indutivo, e na base qualitativa, a Hermenêutica de Profundidade. O método indutivo forneceu os critérios de coorte na coleta dos dados e a Hermenêutica de Profundidade propiciou o desvelamento da ideologia e da utopia ocultos nos conteúdos dos projetos político-pedagógicos. A análise qualitativa, por intermédio da Hermenêutica de Profundidade, recorreu aos conceitos de ideologia e de utopia na perspectiva mannheimiana. A análise conseguiu identificar quatro componentes ideológicos e um componente utópico.

Narcotics abuse cases in Indonesia have been at an alarming level, which causes all levels of society to become targets of victims of narcotics abuse. Efforts to overcome this use two approaches in the narcotics law that regulate it, namely the penal approach and the non-penal approach, which are commonly referred to as the double-track system. As a form of transnational organized crime, narcotics crimes need special efforts to overcome them. Among the many substances of criminal legislation, one of the special measures that can be used is applying the benefits of the existence of the principle of strict liability. The discussion regarding the existence of the principle of strict liability will be the object of study in this paper, namely by using the normative legal research method which prioritizes the study of positive legal provisions and general legal principles. So, it can be found what the strict liability principle is in the teachings of criminal law and the use of the strict liability principle in enforcing criminal law in the field of narcotics in Indonesia. The principle of strict liability can be an option for a new breakthrough in the effectiveness and efficiency of combating narcotics crimes in Indonesia. Although the existence of the principle of strict liability in its implementation provides convenience and practicality for law enforcement officials in carrying out their duties, it also provides an opportunity for injustice. So that the focus of the application of the principle of strict liability is not only used as a means of making it easier but is more used to overcome injustice for the victim or the perpetrator in cases of narcotics abuse so that it will no longer cause an injustice that can injure the basic human rights contained in the paragraph 1 Article 28D of the Indonesia Constitution.Keywords: Narcotics, strict liability, transnational organized crime. Abstrak:Kasus penyalahgunaan narkotika di Indonesia sudah berada pada level yang mengkhawatirkan, yang menyebabkan semua lapisan masyarakat menjadi sasaran korban penyalahgunaan narkotika. Upaya penanggulangannya menggunakan dua pendekatan dalam undang-undang narkotika yang mengaturnya, yaitu pendekatan penal dan pendekatan non penal yang biasa disebut dengan sistem jalur ganda. Sebagai salah satu bentuk kejahatan transnasional terorganisir, kejahatan narkotika memerlukan upaya khusus untuk menanggulanginya. Di antara sekian banyak substansi peraturan perundang-undangan pidana, salah satu upaya khusus yang dapat digunakan adalah dengan menerapkan manfaat dari adanya prinsip pertanggungjawaban yang tegas. Pembahasan mengenai adanya asas strict liability akan menjadi objek kajian dalam tulisan ini, yaitu dengan menggunakan metode penelitian hukum normatif yang mengutamakan kajian ketentuan hukum positif dan asas hukum umum. Sehingga dapat diketahui apa prinsip strict liability dalam ajaran hukum pidana dan penggunaan prinsip strict liability dalam penegakan hukum pidana di bidang narkotika di Indonesia. Prinsip strict liability dapat menjadi pilihan terobosan baru dalam efektivitas dan efisiensi pemberantasan tindak pidana narkotika di Indonesia. Meskipun adanya prinsip strict liability dalam pelaksanaannya memberikan kemudahan dan kepraktisan bagi aparat penegak hukum dalam menjalankan tugasnya, namun juga memberikan peluang terjadinya ketidakadilan. Sehingga fokus penerapan prinsip strict liability tidak hanya digunakan sebagai sarana untuk mempermudah tetapi lebih banyak digunakan untuk mengatasi ketidakadilan bagi korban atau pelaku dalam kasus penyalahgunaan narkotika sehingga tidak lagi menimbulkan kerugian. ketidakadilan yang dapat mencederai hak asasi manusia yang terkandung dalam ayat 1 Pasal 28D Undang-Undang Dasar Negara Republik Indonesia.Kata Kunci: Narkotika; Strict Liability; Kejahatan Terorganisir Transnasional.

The article is devoted to the emerging threats to human rights in the context of the development of biomedical technologies, as well as to the identification of social risks requiring legal resolution in this area. It suggests a human rights model for regulating innovative methods of diagnosis and treatment. The purpose of the article is to analyze legislation in the field of modern biomedicine, genetic engineering, and related innovative technologies. A comparative legal study applied in the work made it possible to substantiate a framework model for regulating modern biomedicine. The main task of such a model is to identify risks affecting fundamental human and civil rights and freedoms. With this approach, the details of regulation are the subject of bylaws or the corresponding prescriptions of professional medical organizations. Methods . The basis of this research was formed by such research methods as analysis of legal regulation, formal legal and comparative legal methods. The main results of the study are to determine the legal links between modern biomedical technologies and the concept of personalized medicine. In fact, the lack of interaction of new advances in biomedicine with the basic provisions of medical care has been revealed. The article proves the need to impose restrictions on the alleged popularization of innovative technologies by persons without medical education, using them for dubious social purposes. The risks of developing updated eugenics have been outlined. The tendency of relativism in consolidating the principles of mutual relations between a person, state, and society has been identified. Conclusions. The development of biomedicine requires an adequate response from the Russian legislation, which does not yet take into account most of its achievements. This creates certain risks for human and civil rights and freedoms. The article substantiates the introduction of bans on the most ethically questionable technologies and experiments. It is proposed to expand the powers of professional medical organizations (including the transfer of some of the regulatory powers to them).

The article reveals the characteristics of think tanks as actors of the interest group politics in the European Union (EU). In this policy, they inspire public debate, conduct research, encourage new legislation and more effective public administration. A large number of European think tanks is engaged in interest group politics both at the national and supranational level of the EU governance, encouraging integration processes among the EU countries and Europeanization, which is the subject of analysis of this study. The strengthening of the role and importance of interest groups in EU policy is largely due to the increased power of the Unions institutions, since the introduction of new legislation and regulation common to all EU countries leads to the feedback from various groups that represent both public and private interests. Obviously, these groups, when interacting with the power institutions of the EU, strive for the most effective protection of their interests. For this purpose their representatives hold meetings with officials of the European Commission and the European Parliament, as well as other structures of the Union. This interaction, aiming at promoting their interests by means of lobbying and advocacy, has been regulated since 2011 by the Transparency Register, jointly created by the European Commission and the European Parliament. The purpose of this study is to analyze the quantitative performance of think tanks in the EU and to develop on its basis the Ranking of EU countries, according to the level of Europeanization of the think tanks representing them. From the research methods perspective, the study is based on the matching of statistical data from the Transparency Register and the Global Go To Think Tank Index, which serves the basis for this Ranking. The study of the ranking makes it possible to identify groups of countries with a high, medium and low level of Europeanization of think tanks in all EU countries as of January 31, 2019. The results revealed on the basis of the analysis demonstrate the heterogeneous nature of the Europeanization process of think tanks in different EU countries.

The topicality of the article is due to the strategy of transition to personalized medicine in Russia, based, among other things, on technologies of preimplantation and prenatal genetic diagnostics. The purpose of the article is to analyze the main directions of ethical and legal support for the development of these technologies. The work is based on the study of relevant international regulations, foreign and Russian legislation using the methods of legal-dogmatic and philosophical-legal analysis. The article substantiates the need for a clearer distinction between legal and moral-religious approaches to regulating relations in applying these technologies. The task is to find legal structures that can take into account the moral aspects of the problem without replacing legal regulation with an appeal to moral and religious values and norms. An example of this approach is the development of a legal regime for manipulations with embryo in vitro, in which the necessary legal protection of the embryo is provided by recognizing its special ontological status as a constitutional value of the common good. From these positions, the author identifies a range of issues that should form the organizational and legal context necessary to ensure adequate guarantees of human rights in the field of application of the considered genetic technologies. The legal regulation of this range of issues should be fixed in a special federal law on genetic testing.

Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the center of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance from both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in Industrial safety and health-related acts.

Many climate-relevant behaviours are habitual. Habits are memory-based propensities to respond automatically to specific cues, acquired by repetition of behaviours in stable contexts. Socio-cognitive models are widely used to predict climate-relevant behaviours, but by positing behaviour as intentional, provide a poor account of habitual behaviours. While unsustainable habits are barriers to change, their very features (frequent, automatic and resistant to change) also make them desirable for sustainable behaviours to obtain. While informational approaches are generally ineffective for breaking habits, legislation, incentives, ‘nudges’, implementation intentions, competitions, and ‘moments of change’ (e.g., moving house) are more effective. Linking behaviour to identity and a stable context can ensure new habits to endure. Psychological theories and policy efficacy can be greatly improved by attention to habits.

Recent changes in innovation development are related to the new technological revolution (Industry 4.0), pandemic, economic crises, and new legislation. These trends provide new opportunities for the improvement of production materials, construction, processes, and capacities. Innovative technologies improve the processes of business analyses and forecasting, as well as new product development, order processing, logistics, production automation, quality control, and marketing. Modern technologies are gradually replacing ergonomically demanding and dangerous occupations. Such innovations are particularly necessary for the transformation of problem companies and regions, as they often have a significant impact on economic development. This study is part of our long-term research on the technology innovation of problem companies and regions. Its primary goal is to methodically emphasize the importance and role of technology innovation management, mainly in problem companies, and analytically compare the innovation success of regions and countries from a global perspective. The study was carried out from 2015 to 2021. The time scope of the analyzed data is 2000–2018. The results show a certain Asian dominance in technology innovation management, in terms of the number of technology patents as well as of the growth dynamics and the ability to overcome the pandemic and crises in general.

The problem of legal regulation of gene editing in recent years has obviously become global in nature due to the lack of unified systematic legislation in the world. The authors set a goal to study the main existing regulatory legal acts and determine whether there is currently an array of legislation that protects and at the same time establishes responsibility for the editors of the genome and persons who have given consent to it, before future generations, who will receive the edited gene, but who did not actually ask for it. The authors analyzed the most known general public cases related to patent disputes for the CRISPR-Cas9 genome editing technology and came to the conclusion that the strong desire to obtain the legal status of the author of the CRISPR/Cas9 genome modification technology is explained not by scientific ambitions but by commercial interest in a promising technology.

Research Summary: The importance of the law appears in considering it a regulator and ruler of social ties that works on the survival and advancement of society by controlling relations between individuals and spreading the spirit of order and tranquility among them. In addition, the law plays a pivotal role in facing crises through a number of decisive measures that control the risks of the crisis. This was reflected in the face of the Corona crisis that swept the world recently and caused confusion in determining ways to deal with it at all levels, including the legal level; Where this crisis posed a real challenge to the extent of the effectiveness of legal texts in confronting them and analyzing their legal nature, and the extent to which this nature agrees with the criminal policy of the principles that govern criminalization and punishment in the face of the dangerous behaviors involved in it that constituted a threat to one of the basic human rights, which is the right to health. Studying the legal frameworks for the precautionary measures taken by Egypt and Saudi Arabia to confront this pandemic; Based on the policy of indirect criminalization, which is one of the most prominent axes of innovation in modern criminal legislation, as it is based on the principle of criminal legitimacy in its modern sense, which accompanies the policy of punitive development in the contemporary criminal system. Keywords: indirect criminalization - Corona crisis- (Covid-19) - the principle of criminal legality - precautionary measures) - Egypt - Saudi Arabia.

The decision in Marr v Collie represents a significant expansion of the common intention constructive trust doctrine. Unsupported by authority, it relaxes the requirement that the property be acquired for a ‘domestic’ purpose, and widens the doctrine to encompass all property, whether real or personal. The decision's abrogation of the ‘purpose’ restriction redraws the line between the common intention constructive trust doctrine and the presumed resulting trust doctrine and expands the former to the greatest possible extent. This exacerbates a doctrine already apt to adversely affect both individual litigants and the justice system as a whole, and which creates incongruous theoretical divisions within the law of intentionally created trusts. As the doctrine is reliant on the proposition, unsupported by authority or legislation, that conveyance of a title to land into joint names necessarily gives rise to a trust, it is hoped that a future apex court will reconsider the doctrine's proper scope.

The paper is devoted to monitoring the development in the Russian criminal legislation of responsibility for the illegal movement of strategically important goods and resources across the customs border of the Customs Union within the EurAsEC or the State border of the Russian Federation. At the same time, the author argues the correctness of the indication in the disposition of Art. 226.1 of the Criminal Code of the Russian Federation a State Border as a place of commission of the crime under consideration. The author provides a detailed list of strategically important goods and resources, since the establishment of the subject matter of a crime makes it possible to qualify the offense and differntiate criminal smuggling from smuggling the responsibility for which is envisaged only in administrative legislation. The author substantiates the statement according to which this type of smuggling infringes not on public safety, but on relations in the field of economic activity. Therefore, a proposal is made to return the criminal law rule to Ch. 22 of the Criminal Code of the Russian Federation. At the same time, it is proposed to establish criminal liability for smuggling flora and fauna items classified as strategically important goods and resources in a separate article in the Chapter entitled "Environmental Crimes" with due regard to the social danger of this act. The liability should not be related to the value of the goods and resources being moved. Taking into account only the cost of biological resources in their protection under criminal law does not reflect the real social danger of these acts. The need for the protection of biological resources using criminal law instruments is caused not only and not so much by economic preconditions but by the need to preserve rare and endangered representatives of flora and fauna for future generations—the most important components of the ecosystem of the entire planet. The author draws conclusions largely aimed at observing the systematic nature of the criminal law due to the peculiarities of the object of the offence.

O presente artigo, tem como objetivo analisar a possibilidade da aplicação da guarda compartilhada em situações de alienação parental quando o término do vínculo conjugal acontece de forma litigiosa. Aborda de forma pontual a respeito da família e da responsabilidade do poder familiar, os aspectos jurídicos das leis de guarda compartilhada, bem como da lei de alienação parental, com a finalidade de compreender os limites da aplicação da guarda compartilhada nas questões de alienação parental. Na guarda unilateral, em que apenas um dos genitores detém a guarda da criança ou adolescente, é possível que a alienação parental ocorra de forma mais frequente, exigindo, portanto, uma atuação eficaz do Poder Judiciário, a fim da garantia do princípio do melhor interesse e proteção integral da criança e do adolescente. A título de técnica de pesquisa bibliográfica, tem-se a análise da legislação pertinente, doutrinária, artigos científicos e entendimento jurisprudencial, utilizando-se para tanto do método dedutivo. Por fim, pode-se concluir que ambas as modalidades de guarda, compartilhada ou unilateral, podem ser aplicadas na ocorrência de atos de alienação parental pelos genitores. Devendo prevalecer na decisão do magistrado o bem-estar e desenvolvimento saudável dos filhos, com o fim de favorecer o melhor interesse da criança e adolescente.

The article is devoted to the study of the range of responsibilities of man and citizen in Ukraine and the European Union, the formation of an approach to their classification. The following range of human responsibilities in the EU have been identified: equality between women and men in terms of pay; non-discrimination; respect for human dignity; receiving compulsory education; completion of compulsory school education. The following range of responsibilities of an EU citizen has been identified: to perform military service in relation to one of the EU member states; to be registered as conscripts in one of the EU member states. Such a range of human responsibilities has been established in Ukraine (strict observance of the Constitution of Ukraine and laws of Ukraine; non-encroachment on the rights and freedoms, honor and dignity of others; responsibilities in marriage and family; parents are obliged to maintain children until they reach adulthood adult children are obliged to take care of their disabled parents; to obtain a complete general secondary education; not to harm nature, cultural heritage; to compensate for damages; to pay taxes and fees in the manner and amount prescribed by law) and the duties of a citizen of Ukraine (protection of the Fatherland, independence and territorial integrity of Ukraine; respect for the state symbols of Ukraine). According to these criteria, the responsibilities of man and citizen are classified into the following groups: criterion "subject": 1) human responsibilities; 2) responsibilities of a citizen; by the criterion of "form of implementation": 1) individual; 2) collective; by the criterion of "content": 1) economic; 2) social; 3) cultural; 4) political; 5) others; according to the criterion of "source" of consolidation: 1) enshrined in the founding treaties of the EU; 2) enshrined in international (additional) EU agreements with international organizations and other countries; 3) enshrined in regulations, directives, recommendations; conclusions; 4) contained in the decision of the Court of Justice, the conclusions of the Court of Justice; 5) contained in the national legislation of the EU member states, third countries; 6) according to the criterion of the circle of subjects in relation to which they are assigned: 1) in relation to other people; 2) in relation to the world community; 3) in relation to future generations.

This research is devoted to the disclosure of the institution of precautionary measures, namely - securing the claim, which is one of the procedural mechanisms for ensuring access to justice. Because it is the possibility of execution of the final court decision that will ensure a fair trial for each participant in the process. To ensure the reliability and completeness of the results obtained by the authors in this study used a set of general and special methods that are characteristic primarily of legal science. The integrated use of such methods ensured the achievement of the purpose and objectives of the study, as well as the persuasiveness of the conclusions. In particular, the dialectical method was used to study the legal nature and significance of the institution of precautionary measures in civil and commercial proceedings. Methods of analysis and synthesis were used in the formulation of basic concepts, such as «precautionary measures», «securing the claim» and so on. The historical and legal method allowed us to focus on the process of legal regulation and legislative consolidation of the institution of security measures. The formal-logical method was used in the analysis of the norms of the current legislation and theoretical developments concerning, in particular, the essence of procedural tools of accessibility or restriction of access to justice. The empirical basis of the study was the materials of domestic judicial practice. Based on the study, the authors conclude that securing the claim as a procedural phenomenon cannot remain unchanged, it acquires new features over time, loses archaic elements, but still does not lose, but rather, on the contrary, increases its importance in modern civil process. Now securing the claim is an integral part of the institution of security measures (along with the provision of evidence), which corresponds to the protected function. Thus, the actual enforcement of court decisions is largely intended to guarantee the institution of securing the claim as one of the types of precautionary measures. Participants in civil proceedings apply to this institution in order to guarantee the execution of future court decisions and prevent them from causing significant harm.

The author analyzes the development of legislation aimed to combat raiding, in particular, that establishes crimi-nal liability for crimes covered by the concept of “raiding”, namely: Art. 205-1, 206, 206-2 of the Criminal Code of Ukraine. Investigated normative use of the term “raiding” in the legislation of Ukraine. Analyzed signs of crimes, which consist in illegal seizure of business entities. The history of the phenomenon of raiding in Ukraine is stud-ied and the stages of its spread are singled out. The comparison of the Criminal Code of Ukraine of 1960 and the Criminal Code of Ukraine of 2001 in the context of “anti-raider” articles is made. Each legislative change of Art. 205-1, 206, 206-2 of the Criminal Code of Ukraine. Additionally, the innovations of the laws aimed at counteracting raiding were analyzed, namely such laws as: “On Amendments to the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” to prevent amendments to the Unified State Register of Legal Entities and Individual Entrepreneurs according to forged documents” № 815-VIII of 24.11.2015, “On Amendments to the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” and some other legislative acts of Ukraine on decentralization of powers for state registration of legal entities, individuals - entrepreneurs and public formations” № 835-VIII from 26.11.2015, “On limited and additional liability companies” from 06.02.2018 № 2275-VIII, “On amendments to some legislative acts of Ukraine to combat raiding” from 05.12.2019 № 340-IX.

Brazil, as a Democratic State of Law, has the tripartite function of federal powers, as assigned by the Federal Constitution: Executive, in its administrative role, Legislative as creator of legal norms, and the Judiciary, which has the primary function of applying the existing law to specific cases. There is no way for the legislator to foresee all the legal situations that exist in today's society, which is constantly changing. Thats why it is necessary for the Judiciary to interpret the pre-existing rules, in order to achieve the best solution for that specific case within the Constitutional limits. In the light of this, questions arise about the effect of these decisions on the Brazilian legal system and if in fact it is possible for the Judiciary to create regulations without violating the Constitution. Thus the purpose of this article is to carry out an analysis of the effects caused by legal rulings of a manipulative nature, as well as the possibility of the Judiciary acting as a positive legislator. Manipulative rulings are the result of broader interpretation of the existing laws by the Supreme Court. After several doctrines compelled, it can be concluded that this type of decision basically causes two effects: additive and substitute. In the first effect, the Judiciary indicates an applicable rule instead of the unconstitutional one, while in the second it creates a new rule to replace the inapplicable one. There is disagreement in the doctrine regarding the possibility of the Judiciary taking the role of a positive legislator. Nonetheless, it is certain that the judiciary has been creating regulations with the aim of resolving conflicts that are not contemplated by the current positive legislation, or that are not in conformity with the Supreme Law. The methodology applied in this research was based on deductive approach, bibliographic techniques, jurisprudential and documentary research, as well as doctrinal reviews, the analysis of Brazilian legislation and jurisprudence about the subject.

The article under studies relies on the understanding that the future of any state, society and mankind on the whole largely depends on the moral virtues of each individual. However, today's moral, spiritual and cultural basics are seriously challenged, annihilated and neglected. Resting on a comparative-legal analysis of the current criminal legislation of Ukraine and the Republic of Moldova, the article deals with the peculiarities of the criminal and legal protection of morality, identifies in the above legislations certain common and distinctive features in the context of existence and construction of legal norms, investigates their structural elements and, eventually, determines types of punishment. It has been substantiated that Ukrainian criminal legislation is rather progressive in terms of the criminal and legal protection of morality. It might be explained by the fact that respective criminal and legal prohibitions not only have been reflected in a special section of the Criminal Code of Ukraine, but are also described there in detail. In addition, these prohibitions are marked with partial, but at the same time significant and expedient changes and supplements that completely comply with the present-day challenges (for instance, in terms of liability for cruel treatment of animals, vandalizing a grave or other burial place or the body of the deceased, etc.). Particular emphasis has been laid on the fact that due to the recent changes in the Criminal Code, which came into force in March, 2021, especially striking are the elements of such crimes as access to child pornography, its acquisition, storage, import, transportation or other movement, production, sale and dissemination (Art. 301-1), and carrying out of entertaining action of sexual character with participation of the minor (Art. 301-2). On the other hand, the criminal legislation of Moldova does not contain a separate structural part, which would systematize all socially hazardous actions regarding morality. Instead, certain articles on the protection of social morality are enshrined in different chapters of a Special Part of the Criminal Code of the Republic of Moldova. It is also important that the article under discussion draws a conclusion that the protection of social morality in the criminal legislation of Moldova comprises both traditional for most states norms (for example, liability for pimping, illegal acts on pornographic objects, vandalizing a grave, etc.) and not quite common ones (liability for incest, obtaining child prostitution services; cruel treatment of animals by a person responsible for the care, protection and welfare of animals, for training or veterinary care; vandalism; debauched actions in the form of exhibitionism, compelling to participate in making pornographic performances, etc.).

The search for effective sources of filling local budgets leads to the establishment of various local tax payments. The legislator defined the tourist tax as a local tax, the funds from which are credited to the local budget. Is it possible to recognize a certain payment as a «tourist tax» if there are signs of belonging and direction of funds? The article is devoted to some problems of legal regulation of tourist tax in Ukraine. The work focuses on establishing the legal content and essence of the tourist tax, as well as the rules governing the collection of this tax payment. The views of scholars on the legal content of the tourist tax are considered. Based on the analysis of the provisions of the legislation, the peculiarities and some shortcomings of the legal regulation of the collection of tourist tax are revealed. It was found that the normatively defined definition of «tourist tax» does not allow to reveal the essence and highlight the specific features of this mandatory payment. The tourist tax does not belong to the tax payments that are subject to mandatory establishment by local governments, the decision on this payment depends on the discretion of the local government. The substantiation of the establishment of the tourist tax should correspond to the objective needs of a certain territorial-administrative unit, and the definition of the circle of payers of this tax payment should be in accordance with the constitutional bases of guaranteeing the right of ownership. The article provides a list of current regulations governing the collection of tourist tax. The peculiarities and criteria for determining the preconditions for the obligation to pay the tourist tax are revealed. It is noted the need to define and form a conceptual framework that characterizes the essence of the tourist tax and amendments to the Tax Code of Ukraine, which will reflect the updated model of tourist tax. The results of the study can be used in lawmaking and law enforcement, as well as further research.

The article is devoted to the analysis of the latest innovations in the legislation on veterinary medicine, namely the regulation of the production, distribution and use of veterinary medicines. The adoption of the new Law of Ukraine “On Veterinary Medicine” is caused by the need to approximate the relevant national legislation with the legislation of the European Union to fulfill Ukraine’s international obligations under the Association Agreement. This law reflects the latest trends in the development of legislation on veterinary medicinal products in the European Union. The article pays attention to the strengthening of state regulation of production and distribution of veterinary medicines, in particular the introduction of licensing of imports, wholesale and retail sales of these medicines in Ukraine, due to the need to combat counterfeiting and veterinary medicinal products of dubious quality. It is also noted that the changes in the procedure of state registration of veterinary medicines provided by this law will on the one hand reduce the administrative burden on business due to the transition to indefinite state registration of veterinary drugs, and on the other hand new requirements for the registration dossier will improve the safety, quality and efficacy of veterinary medicinal products. New requirements for the use of antibiotics are analyzed. Attention is drawn to the fact that along with the regulation of the use of antibiotics in animal husbandry, it is also necessary to regulate in more detail the issues of control of the circulation of active substances (active pharmaceutical ingredients). The article also deals with the mechanism of veterinary pharmacovigilance, which is new for Ukraine. At the same time, it is necessary to study the practical experience of implementing the European model of pharmaco to improve the relevant legislation in Ukraine.

The authors raise the urgent issue of ensuring the principles of the election of people's deputies of Ukraine proclaimed by the Constitution of Ukraine and national election legislation. It is noted that the principles of elections of people's deputies of Ukraine are a special legal phenomenon, which embodies the fundamental, fundamental ideas that determine the content and procedure for forming a single legislative body in Ukraine, find expression and manifestation in the legal sphere of society and state and are characterized by such features: 1) reflect the conscious and volitional aspects of elections; 2) these are fundamental ideas, guiding rules, which contain defining guidelines of a guiding nature regarding the elections of people's deputies of Ukraine, a guideline in the formation of suffrage; 3) have a general character, they have an inherent element of generalization, elevated above the specifics; 4) express the essence of suffrage as a system of legal norms governing public relations related to the election of public authorities; 5) is a social phenomenon, the property of the democratic development of the world community. The principles of parliamentary elections determine the content of the electoral process and are characterized by a high level of scientific and theoretical validity, historical accuracy and tried and tested in practice, serve as guidelines and coordinates of legal influence on participants in electoral relations. Based on their importance in the formation of a single legislative body of Ukraine, an important issue is their provision through the appropriate constitutional and legal mechanism. Based on the analysis of doctrinal and legal ideas about the mechanism of the state, the mechanism of legal regulation, the legal mechanism, the conclusion of the constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine is defined by the Constitution and detailed by normative and institutional component, through which the legal influence on public relations on the lawful implementation, protection and defense of the principles of elections of people's deputies of Ukraine is practically carried out. It covers two components: normative (substantive and procedural) and institutional.

Having studied the peculiarities of interpretation of administrative-tort provisions of customs legislation establishing the procedure for proceedings on violations of customs rules, the author, in particular, expresses the opinion that in order to ensure the legality and validity of the decision to impose administrative penalties through the correct determination of the circumstances of the case and the applicable law as well as through the choice of a fair type and amount of administrative penalty – the customs legislation on the right to explain the alleged offense and comment on the case should be interpreted in a way that the person prosecuted should be given sufficient time and procedural opportunities to express their position on the legal substantiation of the allegation that they committed an offense and on the proposed penalty, as well as to provide evidence on the circumstances of the case. Also, the author substantiates that the model of termination of proceedings in customs rules violation case on the basis of a compromise, introduced in the customs legislation, needs to be radically improved, because it is built so that this tool of customs administration does not correspond to its nature and purpose since under the current customs law this model demands unconditional admission of guilt and imposition of possible type and amount of administrative penalty, which is unchangeable according to negotiated mutual concessions. Moreover, the motivation of offenders to conclude amicable agreements with customs authorities is limited to avoiding stricter penalties for repeated offenses, which is incompatible with the principle of inevitability of liability and may devalue the progressive increase in penalties. In addition, the author proposes ways to expand the interpretation of customs law on the temporary seizure of goods, vehicles and documents to maximize the protection of property rights of enterprises, which in light of the circumstances may be unreasonable and disproportionate.

The article is devoted to the study of notarial procedural legal relations in the system of other legal relations. The author aims to explore the range of relations that mediate notarial procedural legal relations, and to trace the relationship of these legal relations, their relationship with each other, in order to properly understand the legal nature of notarial procedural legal relations. According to the results of the research, when notaries perform notarial acts, a number of other than notarial procedural legal relations may arise, some of which look quite similar to notarial procedural legal relations and can sometimes be mistaken for the latter. It is concluded that notarial procedural legal relations cannot be understood as material and procedural at the same time. Notarial procedural legal relations are not complex (material and procedural) due to the fact that they seem to have in their content such a component as the notary's relationship with the client, which is directly related to the notarial act. There are no grounds to consider registration legal relations as notarial procedural. Registration legal relations are intertwined in notarial procedural ones, superimposed on each other. In fact, the same subjects take part in these legal relations as in the notarial process. However, despite this, we do not have two clear consecutive procedures (notarial procedural and registration), which follow one another, but two parallel procedures. The model provision on the procedure for providing state notaries of additional legal services that are not related to notarial acts, as well as technical services, approved by the order of the Ministry of Justice of Ukraine № 3/5 of 04.01.1998, does not correspond to the terminology of current legislation and must be brought into line with current legislation. Fiscal legal relations that arise when a notary performs a notarial act are not by their nature notarial procedural legal relations. These legal relations are independent, existing both along with notarial procedural and other notarial legal relations arising with the participation of a notary.

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.