Types and Stages of Regulation of Legal Relations

One of the most important issues that reveal the essence and content of the regulation of legal relations is the question of the types and stages of regulation. Traditionally, the theory of state and law considers the regulation of legal relations through legal regulation, which includes normative legal regulation and individual legal regulation. In the article, based on the consideration of legal and individual regulation of legal relations as interrelated and mutually complementary types of regulation of legal relations, it is proposed to distinguish two stages of regulation of legal relations – the stage of legal regulation and the stage of individual regulation of legal relations.

Debt transfer agreement by the creditor: legal forms, procedure, meaning

The work catalogs and studies in detail (including in a comparative legal section) various legal forms of the creditor's approval of the transfer of debt by virtue of the transaction and on the grounds provided for by law. The main attention, first of all, is paid to debatable issues regarding the ratio of centralized and individual regulation of the relevant relations, the variety of ways to agree on the transfer of debt (models consent is a unilateral transaction, consent as a condition of the contract, etc.), the nature of the impact of (not) giving permission by the creditor on the fate of an agreement on the transfer of debt obligations concluded without his participation, comparison of the modes of preliminary and subsequent approval. The methodological basis of the research was formed by general theoretical (formal and dialectical logic) and special scientific (legal-dogmatic, interpretation of legal norms, legal modeling, comparative legal) methods. As a result, the author substantiates the feasibility of adjusting the legal provisions in the direction of a clear pairing of general instructions on consent to a transaction and special rules on consent to the transfer of debt, as well as in order to eliminate uncertainty about the actual moments of obtaining an approving creditor's will (subject of agreement, the essence of the nullity of the transfer of debt, admissibility the use of constructions of impersonal previously given and subsequent consent, etc.).

Convergence of the Contract Law of Ukraine and EU Member States

The purpose of the article is to analyse the modern contract law of Ukraine, which requires convergence with the provisions of the contract law of the countries of the European Community. The paper uses general scientific and special legal methods of scientific knowledge of private-law relations. The leading method of investigation of this issue is the modelling technique. In general, the issues of contractual regulation of private-law relations both in European Union law and in Ukraine are primarily addressed in terms of enhancing the role of the contract and shifting the emphasis from the statutory to individual regulation; strengthening the tendencies of the better legal protection of the interests of the weak side of the contractual obligation. Attention is drawn to the necessity of the introduction of a European methodology of binding law, which is reflected in the need for a combination of new and already known effective legal structures.

Legal and Individual Regulation of the Distribution of the Risk of Property Losses

The article examines the issues of legal and individual regulation of relations that arise when the parties have a legal relationship of property losses. The author examines the grounds for the occurrence of property losses and, depending on the grounds for their occurrence, proposes to differentiate them into losses associated with a violation of one of the parties' obligations and losses arising from reasons beyond the control of the parties. The article raises the question of approaches to the distribution of property losses that are not related to the violation of an obligation, and also highlights the levels of regulation of legal relations emerging in this area.

Concept and Essence of Individual Regulation of Property Relations

Property legal relations are a complex sphere, complex and capacious from the point of view of the specifics of the processes occurring in it, which are completely different both in terms of the status of subjects and in terms of legislative regulation. The purpose of this research is to define the concept and essence of individual regulation of property relations. To achieve this goal, it is necessary, first, to reveal the concept of «individual regulation» at the General theoretical level, and second, to consider the features of individual regulation of property relations in the field of Economics. The study used dialectical, logical, systematic, formal and legal methods. The conducted research allowed us to conclude that individual regulation, expressed in the relevant acts, allows us to take into account the specific situation and personal will of the subject, and is an important link in the mechanism of legal regulation of property relations.

Development of an air conditioning system with individual regulation of temperature and air flow rate in a compartment of a passenger car

Maintaining optimal parameters of the microclimate in the car along the route is the most important requirement for the passenger’s travel. In the 1st class passenger cars, maintaining optimal microclimate parameters is achieved through the operation of the air conditioning system, which provides individual regulation of the air temperature in each compartment. Individual air temperature control systems used in air conditioning systems are divided into two groups: active and passive.The article proposes for consideration a combined active-passive system with a separate air supply with a lower and higher temperature compared to the temperature maintained in the compartment and the installation of individual induction terminals, which makes it possible to increase the efficiency of individual regulation of air parameters in the compartment.To assess the uniformity of temperature distribution and air flow rate over the car volume with the proposed control scheme, a three-dimensional modeling of the distribution of these parameters in the compartment was carried out on the basis of Autodesk CFD software.The given simulation results indicate the uniformity of temperature and air flow rate distribution over the compartment volume, which makes it possible to characterize the proposed system as sufficiently energy efficient, easy to operate and reliable in operation.

TYPES OF INDIVIDUAL REGULATION OF LEGAL RELATIONS IN THE SCIENTIFIC AND TECHNOLOGICAL SPHERE

Введение: статья посвящена исследованию особенностей индивидуального регулирования правоотношений, возникающих в научно-технологической сфере. Материалы и методы: материалами исследования послужили правовые акты, результаты судебной практики, научные труды С.С. Алексеева, В.В. Ершова, Т.В. Кашаниной, И.А. Минникеса, Ф.Н. Фаткуллина и др. Методологической основой исследования является диалектический метод, в соответствии с которым использованы общенаучные методы анализа и синтеза, дедукции, а также применены частнонаучные методы: сравнительно-правовой, формально-юридический и метод толкования права. Результаты исследования: обращено внимание на особенности индивидуального регулирования правоотношений, возникающих в научно-технологической сфере. Обоснована специфика индивиду- ального договорного регулирования, индивидуального судебного регулирования и саморегулирования. Представлена теоретико-правовая характеристика преимуществ указанных видов индивидуального ре- гулирования правоотношений в научно-технологической сфере. Обсуждение и заключения: предлагается унифицировать нормы права, регламентирующие договорное регулирование правоотношений, возникающих в научно-технологической сфере. Обосновывается возможность совершенствования саморегулирования в результате принятия Стандарта этики научно-технологической деятельности, а также развития коллективного саморегулирования в научно-технологической сфере в части инновационной деятельности.

The Dual Effect of Transformational Leadership on Individual- and Team-Level Performance: The Mediational Roles of Motivational Processes

Using matched four-stage data from 477 team members and their 132 team leaders in Chinese companies, we examined a cross-level model in which group- and individual-focused transformational leadership (TFL) and their influence on team and member performance from the perspective of multilevel model of motivation in teams. The results indicated that group-focused TFL exerts positive effects through sequential mediation of team efficacy and team process whereas individual-focused TFL has a positive effect on team members' performance through sequential mediation of followers' self-efficacy and individual regulation process. In addition, we also find significant cross-level mediation effects demonstrating that group-focused TFL was positively related to self-efficacy through the mediator of team efficacy, team efficacy was positively related to the individual regulation process through the mediator of the team process, team process was positively related to individual performance through the mediator of the individual regulation process. Theoretical and applied implications are discussed.

Individual Regulation of Legal Relationships in Science and Engineering in the Conditions of Digitalization: A Theoretical Legal Aspect

The author creates evidence-based knowledge about the essence of individual regulation of legal relations, revealing the features of this type of regulation in the scientific and technological sphere in the context of the digitalization of civil society. The increasing role of individual regulation is substantiated in connection with the openness of society, the existing processes of its self-organization, as well as the need for self-realization of individuals. It has been established that the development of individual regulation in the scientific and technological sphere is facilitated by the lack of proper legal regulation of new social relations. The article analyzes the existing approaches to individual regulation in legal science, identifies the differences between legal and individual regulation of legal relations. The theoretical debatable nature of the concept of «individual legal regulation» has been proved. Results of a research can be used in law-making activity, including in the process of interaction between civil society and the state, aimed at improving the legal regulation of the scientific and technological sphere, in the subsequent scientific research.

Development of competence “forecasting” as conditions of readiness for professional self-determination

The article presents the results of the study of the conditionality of the components of forecasting the regulatory-will qualities of the personality among men who are ready and not ready for professional self-determination. In the article, the author reveals the specifics of the competence of forecasting in higher education. In the article, the author identifies two areas in the framework of which the competence of forecasting is considered – as a personal quality and as a "through" skill required in any professional activity. As a result of empirical research, differences were revealed in the conditionality of readiness for professional self-determination, depending on the development of forecasting components. Thus, for students unready for professional self-determination, such components of self-regulation as "planning", "programming", "evaluating results", "flexibility", "independence", are caused by changes in mood, well-being, activity. For students ready for professional self-determination, these same components of self-regulation are determined by the strength of the intentions of young men, the development of volitional qualities, the ability of individual regulation of activity and all regulatory links. Making a conclusion, the author focuses on the role of a teacher at a higher educational organisation in the development of forecasting competence.