FORMATION OF THE PRINCIPLES OF THE RIGHT TO HOUSING IN THE FIRST YEARS OF THE SOVIET AUTHORITIES (1917-1922)

The article contains a historical and legal analysis of the formation of the right to housing in the context of the formation of the legal system of the Soviet state in the period 1917-1922. As a result of rule-making during the period of the policy of "war communism", the right to housing was represented by its content: the restriction of the right of ownership of residential premises, the creation of a system of rationing and distribution of living space and the class principle of housing policy. Under the influence of the new economic policy, the principles of the right to housing were supplemented with provisions on the continuity of pre-revolutionary law, the permission of individual construction on the right of development, the provision of public services on a paid basis.

ESSENCE, CONTENT AND SIGNIFICANCE OF LEGAL TECHNIQUE AS A LEGAL CATEGORY

The scientific article is devoted to the study of general theoretical aspects of the category “legal technique”, which is conditioned by the problem of the modern Ukrainian legislation improving and bringing it to conformity with the requirements of international standards. The author considered the issue of active development of the legal system of Ukraine, impact of the processes of globalization and integration on it, as well as renovation of the content of some state-legal phenomena, which actualizes the improvement of rule-making and law enforcement. Taking into account the analysis of the degree of efficiency and quality of legal technology in modern conditions, it should be noted that there is no sufficient scientific research of this issue by legal scholars in modern legal science. The problem of studying and analyzing the essence of legal technique is of great interest among scientists in different legal spheres and plays an important role in improving lawmaking in general. In connection with this, the issue of search for means of increasing the efficiency of legal activity is quite topical in modern legal science. The aim of the study is to analyze various aspects of legal technique in modern legal science and elicit problems of its improvement in the context of globalization and integration processes. It has been ascertained that legal technique plays an essential role in ensuring the effectiveness of law and strengthening legality. Complete and correct use of all means and methods based on elaborated rules of legal technique provides an accurate expression of the content of legal acts, their simplicity and possibility of their most rational use in practical work. The level of legal technique is one of the indicators of the level of legal culture in the country. The need for full and thorough use of legal technique, expressing the advanced experience of legislation and progressive recommendations of science, is an objective principle that allows one to avoid certain negative consequences, costs and shortcomings in the form of law.

"Legal regulation" vs "legal regulation"

The purpose of the study is to comprehend and define the substantive differences between the concepts and phenomena of legal rule-making and legal rule-making. The research methodology is represented by a set of philosophical and general scientific methods. Determinants of which are comparative and hermeneutic, as well as socio-cultural and axiological approaches. Results. It is shown that legal investigations’ conceptual and terminological accuracy is one of the foundations of qualitative research. It is proved that rigor and clarity in the application of the conceptual apparatus in legal research contribute to a fuller disclosure of the specifics of legal phenomena, and is also an indicator of the level of a philosophical and general culture of the researcher. Thus, the study will contribute to the improvement of the conceptual and terminological apparatus of the theory of law and philosophy of law. Scientific novelty. The paper proves that the concepts of "legal rule-making" and "legal rule-making" are not identical, but denote different, in essence, the processes of formation of legal norms. Practical significance. The results of the study can be used in further philosophical and theoretical-legal scientific research, preparation of special courses.

EU Competition Law Devours Its Children: The Proliferation of Anti-Competitive Object and the Problem of False Positives

In the last decade, EU competition law reached a major turning point in its history. Anti-competitive object became an elusive and unpredictable rule, which boosts the risk of false positives and has a significant chilling effect. This article analyses this metamorphosis and the social damages it is causing, and proposes an alternative conception. The article demonstrates that the emerging new concept of anti-competitive object erroneously conflates ‘contextual analysis’, which has been part of the object-inquiry from the outset, and ‘effects-analysis’, which has no role to play here. It submits that both doctrinal and policy reasons confirm that anti-competitive object should be a category-building principle of ‘judicial rule-making’ (‘definition of the definition’) and not applicable to individual arrangements directly.

The Brasilian Electoral Justice

Introduction: electoral justice can be called the basis of a modern system of democratic elections based on the principles of protecting the rights and freedoms of citizens and equal access for all to the electoral process on the terms of transparency, impartiality, and justice. Purpose: the purpose of the paper is to consider electoral justice in Brazil and analyze its significance for the political and electoral competition in the country during the elections. Methods: when working on the paper, the author studied a large volume of scientific and legal materials, some of which were little known to the Russian scientific community or introduced into the scientific circulation for the first time. The methodological framework for the research is a complex of general scientific and special legal methods, in particular, the system method, analysis, synthesis, and generalization and forecasting. The formal legal method was also used to analyze the normative legal acts, as well as a comparative approach when analyzing the foreign and Russian sources. The historical and legal method allowed us to consider the origin, formation, and development of electoral law in chronological order, taking into account the modern features of Brazil. Results: the peculiarities of the modern Brazilian electoral justice system are that such a system, created as a necessary element of democratic elections, eventually became the basis for the democratic consolidation of Brazil, influencing not only the making and application of independent decisions but also the rule-making in the electoral process. This is due, firstly, to the fact that the Brazilian electoral justice is independent neither of the regulatory body that carries out electoral justice, nor of the party interests, nor of the interests of the majority in the matters of protecting society exercising its electoral right. Secondly, the electoral justice system has quite broad powers in terms of implementing the rule-making process on the issues of law enforcement of the constitutional regulations on the electoral process. Conclusions: such rule-making contributes to the creation of conditions for the effective judicial protection and political competition, and the institution of electoral justice itself objectively shows its efficiency and is recommended for the implementation in the Russian Federation in the form of an autonomous system of electoral courts, including the federal electoral court, the electoral courts of the subjects of the federation, the municipal electoral courts and the corps of electoral judges of polling stations.

Legal space of the state: constitutional and legal aspect

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category. It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space. It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

ON THE ISSUE OF PROSPECTIVE ADMINISTRATIVE AND LEGAL STATUS OF THE PERSON AUTHORIZED TO CARRY OUT ANTI-CORRUPTION EXAMINATION MEASURES IN THE ADMINISTRATIVE PROCESS OF UKRAINE

The proposed article is devoted to a range of debatable issues to outline the desired long-term administrative and legal status of a person legally authorized to evaluate the acts of subjects of power in administrative proceedings to determine the presence or absence of corruption-causing factors. It is noted that the current legal conditions for administrative proceedings in Ukraine complicate the possibility of a fair resolution of some disputes concerning the results of rule-making work of the subjects of power. Emphasis is placed on the urgent need to qualitatively strengthen the role of administrative justice in the context of active multi-level reform of domestic legislation, in particular through the introduction of anti-corruption expertise in resolving certain categories of public law disputes. For the completeness and comprehensiveness of scientific research, first of all, attention is focused on the basic conceptual and categorical apparatus. In particular, such definitions as "status", "legal status", and "administrative-legal status" are considered and analyzed. The author's vision of the concept and features of the specified terms is offered. It is noted that it is expedient and an attempt is made to argue the involvement in administrative proceedings of a person who has special knowledge on assessing the corruption of acts of subjects of power. It is noted that the conclusions of such a person should contribute to the fair resolution of certain public disputes. My own point of view is expressed regarding the understanding of the desired administrative-legal status of a person who is authorized to evaluate the acts of subjects of power for the presence or absence of corruptioncausing factors in administrative proceedings. Emphasis is placed on the structure of the administrative and legal status of this person and formulates my own opinion on the quantitative composition of its elements. The author's description of the elements of the proposed structure of the administrative and legal status of a person who can potentially be authorized to evaluate the acts of subjects of power for the presence or absence of corruption-causing factors in administrative proceedings.

Setting the Bar Low: Are Websites Complying With the Minimum Requirements of the CCPA?

On June 28, 2018, the California State Legislature passed the California Consumer Privacy Act (CCPA), arguably the most comprehensive piece of online privacy legislation in the United States. Online services covered by the CCPA are required to provide a hyperlink on their homepage with the text “Do Not Sell My Personal Information” (DNSMPI). The CCPA went into effect on January 1, 2020, a date that was chosen to give data collectors time to study the new law and bring themselves into compliance. In this study, we begin the process of investigating whether websites are complying with the CCPA by focusing on DNSMPI links. Using longitudinal data crawled from the top 1M websites in the Tranco ranking, we examine which websites are including DNSMPI links, whether the websites without DNSMPI links are out of compliance with the law, whether websites are using geofences to dynamically hide DNSMPI links from non-Californians, how DNSMPI adoption has changed over time, and how websites are choosing to present DNSMPI links (e.g., in terms of font size, color, and placement). We argue that the answers to these questions are critical for spurring enforcement actions under the law, and helping to shape future privacy laws and regulations, e.g., rule making that will soon commence around the successor to the CCPA, known as the CPRA.

ORGANIZATION OF TAX CONTROL IN THE RUSSIAN FEDERATION

The article discusses the principles of building a tax system, the content of tax policy, characterizes taxation in modern Russia. As well as the forms of tax control in the Russian Federation and tax evasion. Topical issues of rule-making activity in this area are analyzed.

Local rule-making as an element of local legal order

The article analyzes the problematic issues of the content of local rule-making activity, which is considered as an element of the local legal order. It is noted that local rule-making should be necessary, not accidental. Local regulations acts are correlated with corporate acts. It is proposed to consider them as independent but partially overlapping phenomena. The segment of their intersection depends on the direction of legal regulation, methods of objectification outside and the type of the subject that generates them. The tendency of decentralization of legal regulation and its influence on the local legal order is noted. Local legal regulation has a limited scope of regulation (within a collective formation), is subordinate in nature, implements a generally permissible approach in a strictly defined legal framework and forms a local legal order