Criteria for Establishing the Status of Law Enforcement Officers under Criminal Legislation of Ukraine

The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceed power or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of division of their system are described. The criteria for determining the status of law enforcement officers are established, and the features that distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in the Criminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. The concepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcement powers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation are also investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal law scholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided.

WHO EXECUTES COMPULSORY MEASURES OF EDUCATIONAL INFLUENCE?

The problem of sentence enforcement against minors in the form of compulsory measures of educational influence is actualized. On the one hand, the gaps in the legislative provision on the procedure for the enforcement of compulsory measures of educational influence confirm the absence of a legal culture, which undermines respect for the law, justice and the authorities. On the other hand, a person subjected to compulsory influence has nowhere to seek protection, since observance of his rights and legitimate interests when applying compulsory measures of educational influence cannot be guaranteed even by the prosecutor's supervision. The domestic legislation defines neither the procedure to exercise compulsory measures, nor the subjects, nor their powers.

The Term Concept of Right and Unright in Practical and Theoretical Jurisprudence

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 problems of digitalization of ecological accounting data

The article raises the question of the need to introduce into legal circulation the term «environmental accounting», which has existed in economics since the 70s of the twentieth century, and in environmental law - under the name «state accounting in the field of environment». As for domestic legislation, there is no unifying for many types of cadasters, registers, registers, reports, etc. information of ecological nature name. It is established that in the system of domestic legislation the legal regulation, within the outlined subject, is subject to cadasters of natural resources, the account of objects harmful to environment, the account of substances harmful to environment, and also factors of harmful influence on environment (chemical, physical, biological). Unfortunately, many of these credentials are closed, incomplete, or non-existent. At the same time, at the international and European level, these processes are developing rapidly and today there is a need to expand such data by including in the relevant accounting resources information and issued permits for the use of natural resources, payment of environmental fees, fines, environmentally friendly products, etc. Based on this, a proposal is made on the need to systematize domestic legislation on environmental accounting, by developing and adopting a special legal act that would meet international and European requirements in this area. There is also a proposal on the need to transform the provisions of Articles 23 and 24 of the Law of Ukraine «On Environmental Protection» by merging them and expanding the content, including all types of environmental accounting. It was found that Ukraine has already begun the process of adapting legislation on this issue, in particular, by setting requirements for digitization of all environmental data, i.e. the creation of a single environmental electronic platform, which today is only in its infancy. Keywords: ecological accounting, cadasters, registers, registers, digitalization, systematization of legislation

Data Localization and the National Treatment Obligation in International Investment Treaties

Data localization hurts foreign investment and brings potential economic advantages to domestic corporations relative to foreign corporations. This leads to the argument that data localization violates the national treatment principle in international investment treaties. By applying the ‘three-step’ approach to assess the legality of data localization with respect to the national treatment principle, this article finds that the legality of data localization depends on certain circumstances, including the domestic catalogues of foreign investment, the definition of data localization in domestic legislation, and whether international investment treaties explicitly or implicitly incorporate data protection through exceptions for the protection of the state's essential security interests, public order, or public morals. China's acceleration of its legislation processes to regulate cross-border data transfer has significant implications for the negotiations and modifications of Chinese international investment treaties.

Interdepartmental Interaction to Combating Against Domestic Violence

The role of interdepartmental interaction to combating against domestic violence is described. The need for interdepartmental cooperation in combating against domestic violence is highlighted. Interdepartmental cooperation is considered as a coordinated prevention of domestic violence and ensuring effective and practical realization of the rights of victims. Aspects (appearance, meaning, process, result) of domestic violence are described. It is stated that the act of domestic violence is a planned, conscious, controlled process. It is proved that in accordance with international standards and domestic legislation, interdepartmental cooperation is carried out both in the field of prevention and combating domestic violence. A socio-pedagogical model of domestic violence prevention is developed. The use of the model makes it possible to describe not only the long-term relationships between its components, but also to determine the potential ability of individual components in the future to restore equilibrium. In general, the developed socio and pedagogical model of prevention of domestic violence will effectively to combating against domestic violence and its recurrence. Presented analysis demonstrates the benefits of comprehensively reflecting the interagency relationships between different organizations and victims of domestic violence.

Overview of novels of domestic legislation in the field of cyber security (on the example of the Cyber Security Strategy of Ukraine for 2021 – 2025)

The provisions of the updated Cyber Security Strategy of Ukraine are analyzed. The effectiveness of the Cyber Security Strategy of Ukraine in 2016 has been determined. The issue of organizational and legal bases of cyber security is studied. The components of the national cyber security system are considered. The practical component of the Cyber Security Strategy of Ukraine and the priority tasks of the security and defense sector are detailed. The strategic principles of cyber security in Japan are highlighted. The prospects of implementation of the Cyber Security Strategy of Ukraine in the conditions of modern geopolitical confrontation are generalized.

Marine Scientific Research in Japan’s Practice

This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.

China’s Approach to Marine Scientific Research

This article addresses the legislation, policy and State practice of China on marine scientific research (MSR). It elaborates in detail both international and domestic legislation of China governing MSR in waters within its national jurisdiction and points to the legal controversy and ambiguity of MSR conducted by foreign parties. It also raises a critical question on how to approach MSR in overlapping maritime zones amidst pending maritime delimitation.

ISSUES OF COMPETITION OF THE RULES OF THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES AND THE LAW OF UKRAINE “ON EXECUTIVE PROCEEDINGS” IN CASES OF INSOLVENCY OF INDIVIDUALS

The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue of “foreign currency borrowers”, which has become relevant for many Ukrainians after the financial crisis of 2008. In general, the procedure for restoring the solvency of individuals is designed to encourage responsible borrowing, start or resume business, increase economic activity and taxable income, aimed at preventing crime and unemployment. Such a procedure is beneficial not only to the debtor, but also to the state. An individual, getting rid of debts, returns to active legal work, and the state returns another economic unit to an active lifestyle, acquires another taxpayer. In addition, the procedure provides creditors of the debtor – an individual with legal grounds for instalment and (or) write-off of part of the debt, as well as improving their own financial performance. However, currently many norms of the Code and other acts of the legislation of Ukraine are inconsistent, which causes conflicts during their practical application. The article considers some aspects that arise in cases of insolvency of individuals, individuals – entrepreneurs during the competition of the Code of Ukraine on Bankruptcy Procedures and the Law of Ukraine “On Enforcement Proceedings”, which relate to: suspension of enforcement proceedings during the moratorium on satisfaction of claims creditors; removal of arrests (encumbrances) in the procedure of debt repayment; consequences of the completion of the debt repayment procedure (including the exclusion of a person from the Unified Register of Debtors), identified problematic issues and proposals for their improvement by making appropriate changes to the legislation of Ukraine.