improvement of legislation
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Author(s):  
Aleksander Travnikov

Extremist crimes in modern society pose a serious threat to its further successful development. It is at this point of our development when the danger of this type of crimes is extremely high due to a wide range of factors on an objective basis. However, along with the demand for the study of extremism as a phenomenon from the perspective of philosophy, sociology, religious studies, etc., the dogmatic approach is equally important. Improvement of legislation in the indicated direction acts as a prerequisite for increasing the effectiveness of the fight against extremist manifestations of the radically minded part of society. In this regard, it is essential to define the categories «involvement» and «organization» as crucial in the elements of the crimes, which provide for criminal liability for the crimes of this group. The lack of clarity of both terms directly in the text of the criminal law entailed uncertainty in the emerging judicial and investigative practice, which increasingly begins to assume the regional. One of the ways to overcome this tendency might be the analysis of specific decisions made by the law enforcement officer and the development of concrete recommendations on this basis.


2021 ◽  
Vol 25 (2) ◽  
pp. 376-394
Author(s):  
Raviya F. Stepanenko

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.


2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Iryna Parkhomenko ◽  
Kateryna Berezovska

Introduction. The relevance of the study is in the formation of conceptual and terminological apparatus for the functioning of the music industry in Ukraine, the identification of music product producers, determining the specifics of music product and its essence, to develop an effective mechanism for copyright protection of authors and performers (artists) in a crisis of royalty payments formed in Ukraine in 2021. Purpose and methods. The study aims to determine the model of production and consumption of a modern music product given the rapid digitization of such a product in the last decade. The methodological basis of the study is comprehensive, systematic, and historical approaches. Results. A music product is defined in two definitions: first, like a musical composition with lyrics (song) or without lyrics (melody); secondly, “artist” as a music product that is directly involved in creating a track (song), public performance (concert), products with the symbols of their brand (merch) and content for social networks, television, radio, including advertising. Modern manufacturers of the music industry commercialize the artist's brand, his unique story. This strategy ensures rapid monetization of the music project and reduces investment risks. Conclusions. The scientific novelty of the research results is to determine the specifics of the functioning of traditional and modern models of modern music product production and consumption. The practical significance of the obtained results is in the use of the concept of “music product” for the development and improvement of legislation in the field of culture, the functioning of the music industry, and the protection of intellectual property rights, including copyright.


2021 ◽  
Vol 27 (11) ◽  
pp. 2479-2502
Author(s):  
Evgenii V. POPOV ◽  
Anna Yu. VERETENNIKOVA ◽  
Sergei A. FEDOREEV

Subject. The article addresses crowdlending platforms as an alternative way to invest resources. Objectives. We focus on identifying opportunities and limitations for the development of crowdlending platforms. Methods. The paper draws on the systems analysis tools. It also applies a structure-behavior-result (SBR) model, which enables to characterize the external environment of crowdlending platforms to identify their opportunities and constrains. Results. We identify opportunities and limitations of stakeholders involved in the development of crowdlending, including investors, borrowers, operators of digital platforms, the State and banks. The paper shows that both the demand and supply for the development of crowdlending are created. However, the main limitations in the development of this type of activity are associated mainly with institutional factors. Transparency in the activity of crowdlending platforms will mitigate risks, increase the level of trust of owners and users of resources. The improvement of legislation in this field will help preclude misconduct of economic agents in using this tool. Conclusions. The findings can be used by federal and regional authorities in strategy implementation for the development of small and medium-sized businesses in the Russian Federation, as well as by bodies of legislative power in the development of regulatory framework for collective investment tools dissemination in Russia.


2021 ◽  
Author(s):  
Al'fiya Akmalova

The actual problems of municipal law in Russia are considered taking into account the peculiarities of master's degree training at the university, which provides for both the presence of a system of students with certain knowledge in the field of jurisprudence, including the main institutions of municipal law, and their significant focus on research work. Special attention is paid to the consideration of the main amendments and additions to the current legislation on local self-government, discussions that accompany the improvement of legislation and law enforcement practice. The electronic educational and methodological appendix to the textbook includes an approximate work program and educational and methodological materials for independent work on the study of the discipline, as well as lectures and presentations. Meets the requirements of the federal state educational standards of higher education of the latest generation. For students of educational institutions of higher education studying in the field of training 40.04.01 "Jurisprudence", as well as for graduate students, students of the system of additional professional education and teachers, all those who are interested in the problems of the development of municipal law, the theory of local self-government and the practice of state and municipal management.


2021 ◽  
Vol 6 (10) ◽  
pp. 72-80
Author(s):  
Dilaver Khamzaev ◽  

The article considers the role of the prosecutor's office in the fight against transnational financial crimes by examining the differences between the institutions of prosecutorial supervision, coordination of law enforcement agencies activities and the interaction of law enforcement agencies, taking into account the views of representatives of modern legal science. Also, based on the analysis of best foreign practice and national legislation on this issue, the author provides recommendationsfor further improvement of legislation and law enforcement practice in this area.Keywords:prosecutor's supervision, interaction of law enforcement agencies, coordination of law enforcement agencies


Lex Russica ◽  
2021 ◽  
pp. 9-22
Author(s):  
O. F. Zasemkova

September 2021 marks five years of the arbitration reform in Russia. During this period, fundamental changes have occurred in this area, affecting both arbitration institutions that are authorized to administer disputes on the territory of Russia, and the distribution of categories of arbitrable disputes between permanent arbitration institutions and arbitration tribunals created to resolve a specific dispute (ad hoc arbitration tribunals). The paper attempts to analyze the main results of the reform and assess its impact on Russia’s attractiveness as a place of arbitration. The author comes to the conclusion that, despite some positive consequences of the reform (such as "pocket" arbitration courts leaving the market, resolving the issue of arbitrability of corporate disputes, empowering state courts with the functions of promoting and monitoring the activities of arbitration courts, etc.) a number of problems remained unresolved, and the attitude towards Russia as a place of arbitration remainedalmost unchanged. Moreover, innovations that relate to the procedure for creating arbitration tribunals and obtaining the right to administer disputes on the territory of Russia and apply, among other things, to foreign arbitration institutions, have led to attempts to circumvent the requirements of Russian law both by the parties and by the arbitration institutions that failed to obtain appropriate permission. An equally important problem resulting from the reform includes leaving the market by regional arbitration courts that used to be popular among small and medium-sized businesses that are often not ready to pay rather high arbitration fees set by large arbitration centers. Thus, most of the goals set by the reform ideologists have not been achieved, which indicates the need for further improvement of legislation in this area.


Author(s):  
Andriy Drishliuk ◽  
Yurii Orzikh

Relevant problems of the practice of application of law and permanent process of improvement of the Ukrainian legislation are examined in this article. In particular authors stress on contradiction between process of the permanent improvement of the legislation and sustainability, predictability and legal certainty as principles of legal system. On the one hand, constant reforming of the legislation of Ukraine does not give possibility for subjects of law to create stable legal relations, which are regulated in a predictable way. On the other hand, legislation of Ukraine must be actual and even few “step ahead” the actual situation in Ukraine. It must give necessary methods, tools and legal instruments, which regulate relations between subjects of law. Described judicial and notarial practical cases show in what way flexibility of the legislation could be provided in conditions of the ongoing changes. Authors consider that qualified and high-quality application of the current legislation by the subjects of application of law gives possibility to provide flexibility of the legislation. Such application of law is done by subjects applying the law, although their actions are not directly provided for by the legislation, but they are not prohibited either. Essential principle of such application of law must be the whole tendency to create those legal consequences of the application of law which will not lead to the direct infringement of somebodies rights and interests within the process of application of law. Illustrated lawsuit and case of notarial practice show how exactly interpretative mechanism and analogy as a tool of the subject applying the law help to avoid infringements of rights and interests of heirs of the deceased person. Keywords: application of law, improvement of the legislation, notary, judge, court and notarial practice.


2021 ◽  
pp. 104-111
Author(s):  
N. N. Musinova

The demand for ritual and funeral services, which substantiates the importance of the development of the ritual and funeral industry for the Moscow is considered. It is noted that the legal basis for the organization of the ritual and funeral industry has ceased to correspond to the pace and level of its development, and a new version of the basic Federal law is currently being developed. Significant shortcomings in the organization of the ritual and funeral industry and the maintenance of burial places that hinder its development are revealed. From the point of view of the assessment of these problems, the main directions of improvement of this industry are determined, including: improvement of legislation, organization of an effective system of market activities, increasing the protection of citizens in the provision of ritual and funeral services.


Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat

Key words: Euro-Atlantic integration, intellectual property, objects of intellectualproperty rights, infringement of intellectual property rights, scientific and technical cooperation,military-technical cooperation Some issues concerning the protection of intellectualproperty in the process of Euro-Atlantic integration are considered, in particularthe peculiarities of the protection of intellectual property in the implementation of internationalcooperation of Ukraine and the protection of national interests in theprocess of this cooperation. The legislation of Ukraine regulating activities related tointernational scientific and technical and military-technical cooperation is analysed.The importance of intellectual property protection at all stages of international cooperationof Ukraine and the need to improve the legislation on the regulation of intellectualproperty protection in the process of this cooperation is determined. It is suggested totake a number of measures to address issues related to the protection of intellectualproperty in the process of international cooperation of Ukraine and the protection of nationalinterests regarding the use of intellectual property rights in the process of thiscooperation.The protection of intellectual property in international cooperation should be ensuredprimarily by bilateral agreements on this issue, which should be concluded at thebeginning of cooperation in any field, as well as agreements on the protection of classifiedinformation. These agreements should define the basic principles for concludingagreements (contracts) and be aimed at mutual protection of information, prevention ofinfringement of the rights for the results of intellectual activity when using them in thecourse of cooperation.To deal with this issue, it is necessary to systematically and comprehensively approachthe improvement of legislation on intellectual property in the defence sector, especially on the protection of national interests in the implementation of cooperation inthe process of Euro-Atlantic integration. It is necessary to clearly define in the legislationthe obligations of all subjects to ensure the protection of intellectual property at allstages of cooperation, as well as expanding the list of violations and responsibility fortheir implementation, especially for actions that threaten infringement of intellectualproperty rights measures to ensure the protection of intellectual property rights.


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