Problems of thecurrent state of control of illegal extraction of precious stones of organogenic formation

Іn the article the decision of problem of counteraction to the illegal booty of jewels of оrganogenic formation is presented by his legalization and analysis rows of normative documents that set the special order of the use of bowels of the earth for this aim. It is indicated that among crimes that trench upon the natural resources of country, most latent, and to the volume, the least investigational is exactly this type of criminal offence. The concept of amber is given in a publication, and it is indicated in what the duties of users of bowels of the earth, and also the certain basic requirements during working mine of minerals and the basic requirements, consist in industry of guard of bowels of the earth Procedure is exposed and in detail taking title of sing the bowels of the earth is described for mining, in particular, she is begun with development in accordance with the current landed legislation of project organization of the use of land in relation to talk in of lot land for mining, realization of examination and estimation of the found out supplies of minerals all right established by the State Commission of Ukraine for Mineral Resources, obtaining a single subsoil use permit after coordination with the competent authorities, approval of the project for the development of a mineral deposit, obtaining land for subsoil use and ends at the time of state registration of property rights to the land. Socio-economic and legal factors of the problem of illegal amber mining are determined. The attempts of the legislator to regulate the issue of amber mining from its illegal fishing by developing numerous bills, issuing decrees and orders have been studied. Their shortcomings and positive directions are revealed. The socioeconomic and legal preconditions for illegal extraction of precious stones of organogenic formation are indicated.

Legal and Normative Requirements Related to Medical Devices for Individual Supply in Clinical Practice

This article has the form of a communication presenting recent legal changes in relation to medical devices. Until 26 May 2021, three medical directives were in force, namely Directive 98/79 / EC, Council Directive 93/42/ EEC and Council Directive 90/385 / EEC. They have been replaced by two regulations: Regulation (EU) 2017/745 on medical devices and Regulation (EU) 2017/746 on in vitro diagnostic medical devices. The article presents the reasons for introducing the changes and the new obligations that these changes bring for manufacturers of medical devices, in particular, products manufactured individually on a special order as necessary for the implementation of personalized therapies in clinical practice. There are also forecasts for the industry and end users of medical devices manufactured to order and used individually at medical centers.

Superconductivity of twisted double bi-layer graphene in chiral model

Taking into account the sp -hybridization effect for valence electrons in carbon atoms, a very simple chiral model of graphene was suggested some years ago [1]. This model used as a special order parameter the unitary SU(2) -matrix U with the kink-like (or domain wall) structure for the description of electrons in a mono-atomic graphene sheet. However, later the new graphene physics began since studying twisted multilayer configurations revealing unconventional superconducting properties (twist-tronics) [2]. Within the scope of the chiral model these twisted configurations can be described by the so-called “product ansatz” U = U1U2 ▪ ▪ ▪ Un . As an example, the special case of twisted double bi-layer graphene (TDBG) configuration is studied and the corresponding twist angles, for which the superconductivity takes place, are found.

An algorithm of moving pieces to become black alternation with white based on dimension reduction

Moving pieces to become black alternation with white (MPBBAW)is a game in which black and white pieces are continuously arranged by moving. This article traces the problem of MPBBAW and points out the possibility and necessity of computer calculation and commercial application of the problem. Using the non- recursive algorithm based on dimensionality reduction, this article deals with the problem of n-order MPBBAW. The special-order problem is solved and resubstituted. Thus, the computer processing and rule exploration of n-order and n-order MPBBAW are realised. As an auxiliary card, C++ is used to provide 20 black and 20 white pieces as an example. This article lays a foundation for the computer calculation and commercial application of MPBBAW.

The manifestation of the phenomenon of correctionnalisation on criminal cases with future consideration by the court in a particular order

The author draws attention to the following regularity based on the analysis of judicial and investigative practice. In criminal cases in which the investigator or inquirer predicts the trial in a special order, there is often a correction, that is, intentionally incorrect qualification of the actions of the accused in the direction of their reduction. The article discusses in detail the causes and consequences of these situations. Attention is also drawn to the phenomenon that differs from correctionalization — the qualification of what the suspect/accused did as a less serious crime, due to the lack of a solid evidence base that indicates guilt in a more serious crime than he is charged with.

On current changes in the legislation on the state civil service in the part concerning the consideration of individual service disputes

The article, from the standpoint of legal expediency and significance, examines the changes introduced in 2020 to Article 70 of the Federal Law ‘On the State Civil Service of the Russian Federation’ including in order to minimize appeals of civil servants to the courts. The reasons for the introduction of these changes were investigated, the content of the new legal provisions was thoroughly analyzed, reasoned assessments of the latest decisions of the highest courts concerning such disputes were given, recommendations were formulated and substantiated for revising the long-established judicial practice of considering cases related to individual service disputes within the framework of civil procedural legislation in favor of special order, taking into account domestic realities and European experience.

Meaning of the Category “Validity of the Charge” in Criminal Proceedings

The aim of the article is to identify the meaning of the category “validity of the charge” in criminal proceedings and the scope of its application. After analyzing the content and legal essence of this category, as well as procedural situations in which it is necessary to establish the validity of the charge, the authors come to the following conclusions. Any coercive measures against suspects and accused persons can be applied only if there are serious grounds to assume that a person is involved in the commission of a crime since the restriction of the most important constitutional rights of citizens who, by virtue of the presumption of innocence, are innocent of committing a crime is possible only in exceptional cases. The validity of the charge (suspicion) assumes that a person is involved in the commission of a crime, as well as the fact of the criminal prosecution of this person. It is established if there is sufficient evidence that a person may have committed a crime (a person was caught committing a crime or immediately after it was committed; the victim or witnesses identified the person as the perpetrator of the crime; obvious traces of the crime were found on the person or their clothing, with them or in their house, etc.). The validity of the charge may be confirmed by a decision to initiate a criminal case and bring a person as an accused, by protocols of detention, interrogations of the accused, the victim, witnesses, and other materials. In the procedural sense, the conditions for establishing the validity of the charge differ significantly. When resolving the issue of the use of detention and other preventive measures, the validity of the charge is established within the framework of a court session in the conditions of adversariality with the participation of the parties. When giving the court permission to conduct investigative and other procedural actions in accordance with Article 165 of the Criminal Procedure Code of the Russian Federation, to ensure the secrecy of the investigation, the issue is resolved in the absence of adversariality with the possible participation of only the prosecutor, the investigator, and the inquirer. The category “validity of the charge” is significant in legal terms in a criminal case with the special order of proceedings. A prerequisite for the court to consider a criminal case in a simplified procedure is the validity of the charge and its confirmation by the evidence collected in the case. The validity of the charge in the appointment of a trial in the special order provided for by Chapter 40 of the Criminal Procedure Code of the Russian Federation is established by the court outside the court session in the absence of the parties. In any of the above situations, the court is responsible for establishing the validity of the charge since failure to establish it means that the decision made is unfounded.

Two-sided estimates for solutions of boundary value problems for implicit differential equations

We consider a two-point (including periodic) boundary value problem for the following system of differential equations that are not resolved with respect to the derivative of the desired function: f_i (t,x,x ̇,(x_i ) ̇ )=0,i= (1,n) ̅. Here, for any i= (1,n) ̅ the function f_i:[0,1]×R^n×R^n×R→R is measurable in the first argument, continuous in the last argument, right-continuous, and satisfies the special condition of monotonicity in each component of the second and third arguments. Assertions about the existence and two-sided estimates of solutions (of the type of Chaplygin’s theorem on differential inequality) are obtained. Conditions for the existence of the largest and the smallest (with respect to a special order) solution are also obtained. The study is based on results on abstract equations with mappings acting from a partially ordered space to an arbitrary set (see [S. Benarab, Z.T. Zhukovskaya, E.S. Zhukovskiy, S.E. Zhukovskiy. On functional and differential inequalities and their applications to control problems // Differential Equations, 2020, 56:11, 1440–1451]).

ABOUT THE ESSENTIAL PROPERTIES OF THE SENTENCE

The article analyzes the features of the court sentence, which the science of criminal pro-cedure law traditionally defines as its external properties. The authors justify that such traits of the sentence as exclusivity, obligatory, verity and prejudicialness should be understood not as external, but as essential properties of the sentence. This is explained by the fact that the sentence as an individual act of a sub-regulatory regulation is an additional element of the legal criminal and criminal procedure regulation mechanisms, strengthening their impact on public relations. In this regard, the sentence a priori, regardless of the law-realization activities of the court, must have the properties of exclusivity, generally binding nature, verity and prejudi-cialness, because otherwise, the legal regulation will not achieve its purpose. This is the point of the sentence coming into force, and therefore, in the state of the final law enforcement decision, which means a certain resolution of the criminal dispute. The onset of the mentioned legal condition is associated with the launching of the principle of legal certainty, which ap-plies to the sentence only if there are such properties as exclusivity, generally binding nature, stability (irrevocability, cogency, invariability, and steadfastness), verity and prejudicialness. Prejudicialness and the related presumption of truth are not characteristic of any court deci-sion, but only the sentence, as they are based on the legal reliability of the court's conclusions, which is ensured by the course and the result of the trial, which includes the proof in the judi-cial investigation. Therefore, legal reliability is inherent only in the court's findings obtained during the trial, which is conducted in general order - without exemption from traditional fact-establishment procedures. In the case of the sentence, it should be a degree of legal reliability that allows it to be confirmed externally in the sentence by a legal symbol, i.e. the indication that it is ruled in the name of the Russian Federation. It is substantiated that the sentences, which were ruled in a special order, are illogical to confer on the property of stability because of the lack of legal reliability, which should not only be externally confirmed by the ruling on behalf of the Russian Federation but be also ensured by the entire course of the trial with a full-fledged judicial investigation. Such sen-tences, which were ruled in a special order, should not only be "blessed" by the symbol of legal reliability but should also be called in a different way, that will distinguish them from the sentences - full-fledged acts of justice, having all the necessary essential properties. It is argued that the reflection of the "conciliatory" nature of such a court decision, which is the result of compromise proceedings in the names of the above sentences, is appropriate. It is proposed to call it a "conciliation sentence" - as such it will represent a separate type of conviction.