bluuebunny/crossref_metadata_2025 huggingface dataset:
Problems of enforcement of court decisions on recovery of spousal maintenance abroad: legal and practical obstacles
Authors: Ilchenko I.P.
Published: October 2024

The article deals with the problems of recognition and enforcement of Ukrainian court decisions on recovery of spousal maintenance in foreign countries.
The author emphasises that the current conditions associated with the introduction of martial law in Ukraine have brought new challenges to family legal relations which require further research in order to provide proposals for their solution.
The author substantiates that the stay of the payer of spousal maintenance abroad makes the issue of proper fulfilment of his/her obligation particularly relevant in modern conditions.
The author examines international conventions relating to the enforcement of the obligation to pay alimony in foreign countries. It is established that despite the existence of the conventions studied, there are difficulties in the enforcement of court decisions.
The author examines the peculiarities of recognition and enforcement of a court decision on the recovery of alimony in a foreign country and the problems that may arise for plaintiffs.
The author establishes that despite the legal force of a court judgment in Ukraine, it cannot be automatically enforced in a foreign country without prior recognition.
Attention is paid to the problem of impossibility of recognition for enforcement of a Ukrainian court judgment in a foreign country in case of improper notification of the defendant of the court proceedings. The author highlights the problem of proper service and notification of the defendant located abroad of the proceedings and the grounds for the claim, which significantly affects the consideration of the case within a reasonable time and further enforcement of the court decision.
The author establishes that notification of the defendant of the commencement of litigation in Ukraine depends on cooperation between Ukrainian and foreign authorised bodies, which affects the efficiency of the enforcement of a court decision.
The author focuses on the problem of searching for a defendant in a foreign country and the possibility of enforcement of a court decision on recovery of spousal maintenance.
Attention is drawn to the problem of enforcement of a court decision on the recovery of spousal maintenance from persons who have been granted refugee status or from persons in need of temporary protection in foreign countries.
The author argues that further research should be aimed at finding and solving problems related to the enforcement of national court decisions in foreign countries.
The principles of the exercise of civil rights in the dynamics of contractual obligations
Authors: Panchenko S.
Published: October 2024

The article is devoted to the general principles of the execution of civil rights upon the occurrence, performance, change and termination of a contractual obligation. Such general patterns are the principles, the application of which is a legal fact that causes the dynamics of a contractual obligation (emergence, implementation, change, suspension, termination), as well as the protection and protection of civil law and interest). It has been proven that there is a group of principles that are characteristic of all stages of the dynamics of a contractual obligation, which are the principles of legal equality, justice, good faith and reasonableness, dispositiveness.
It was analyzed that the principle of freedom of contract and free expression of will are determining principles for the execution of civil rights by participants in contractual obligations, because such principles are designed to ensure the validity of the deed, which will subsequently undergo its dynamic development. The basis of these principles is a voluntary action, without any coercion, to enter or not to enter into contractual relations (that is, emergence as a stage of dynamics), as well as to choose a counterparty, its conditions, methods of provision, special conditions for the exercise of rights and performance of duties, freedom of change and termination of the contract. Therefore, this principle will be relevant for almost all stages of dynamics, only with a different magnitude of its role.
It has been proven that the principles of the fulfillment of obligations, namely the principles of proper and real fulfillment of obligations, complement the above-mentioned principles of freedom of contract and free expression of will in importance for the realization of civil rights in contractual obligations. The principles of the exercise of subjective civil rights establish fundamental requirements for the conduct of participants, in particular in contractual obligations.
It is proposed to highlight such principles of the exercise of civil rights by participants in contractual obligations as the principles of consistency, unimpededness and full satisfaction of interest. The principle of protection of civil rights is manifested in the abnormal dynamics of the contractual obligation.
It has been proven that a certain set of basic principles for the exercise of civil rights is inherent to each stage of the dynamics of a contractual obligation.
International commercial arbitration in Ukraine under martial law
Authors: Baranovska V.M.
Published: October 2024

It is indicated that International Commercial Arbitration is one of the most effective ways of resolving disputes between participants in international trade, ensuring speed, flexibility and neutrality of the process. However, the activity of arbitration in Ukraine faces a number of new challenges due to the introduction of martial law as a result of large-scale aggression. The hostilities led to significant disruptions to normal economic activity, including making it difficult to enforce contracts, access to justice, and enforce arbitral awards. This raises questions about the ability of arbitration to function effectively in such extraordinary circumstances.
The topic is extremely relevant in today’s environment, where Ukraine faces large-scale military aggression that significantly affects all spheres of economic life, including international trade and legal relations between business entities. The article examines the legal and practical aspects of international commercial arbitration during martial law, particularly the impact of military operations on arbitration procedures, the possibility of enforcing arbitral awards, and the problems of their enforcement in a limited legal and economic environment.
The main focus is on how arbitration institutions in Ukraine, in particular the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, are adapting to the new realities. The author also considers the issue of enforceability of arbitral awards in the light of military operations, sanctions, economic restrictions, and challenges for the Ukrainian legal system.
The challenges related to the organization of the arbitration process, such as logistical difficulties, limited access to resources and documents, as well as the application of sanctions against the parties to the dispute, are explored.
Special emphasis is placed on the possibilities of conducting arbitration hearings in a remote format and the use of modern technologies to ensure the continuity of the process under martial law. The article also examines the prospects for adapting arbitration to the new realities, including the possibility of filing claims for compensation for damages caused by military operations.
The study analyses the prospects for the development of international arbitration in Ukraine, including the use of digital technologies, online hearings, and adaptation of the arbitration process to the challenges of wartime. Particular attention is paid to the opportunities for Ukrainian entrepreneurs to protect their rights through arbitration in international disputes, including the issue of compensation for damages caused by military actions.
Some issues of state policy in the field of relocation of business entities under the influence of economically dangerous events
Authors: Yershova Yu.O.
Published: October 2024

In recent years, Ukrainian businesses have been forced to make decisions to relocate their production and other facilities to safer regions of Ukraine or abroad. First of all, the relocation of business is directly related to the consequences of the full-scale invasion of the Russian Federation (one of the types of economically dangerous events). It should be noted that Ukraine currently lacks a unified state policy on the relocation of business entities under the influence of economically dangerous events. This causes additional difficulties both for the business itself (business does not understand the direction of this policy) and for the state (due to the lack of a strategic vision).
The article aims at defining the purpose of the State policy in the area of relocation of business entities under the influence of economically dangerous events and the basic principles of this policy. These are the principles on which the State policy is based and which ensure its effectiveness.
The principles of the State policy in the field of relocation of economic entities under the influence of economically hazardous events are based on the principles of the State regulatory policy in the field of economic activity, which are most relevant.
As a result of the study, the author defines the purpose of the state policy in the field of relocation of business entities under the influence of economically hazardous events, namely: to facilitate the continuity of economic activity under the influence of economically hazardous events by relocating production and other facilities to safer regions of Ukraine
For the first time, the author outlines the main principles of the state policy in the field of relocation of economic entities under the influence of economically dangerous events: universal (expediency, adequacy, efficiency, timeliness, efficiency, balance, predictability, planning and forecasting, scientific support, transparency and openness, availability of state support); special (validity, security, integration, competition (ensuring a competitive component), promotion of territorial development, social responsibility). Each of these principles was also described.
Current legal activities come to the complexity of the term "electronic commerce": international and national level
Authors: A.A. Markulinets
Published: October 2024

The article provides a comprehensive study of various approaches to defining the term «electronic commerce» in the context of modern legal, economic and technological challenges. The analysis begins with an overview of scholarly perspectives on e-commerce, which range from narrow interpretations that focus on basic online sales contracts to broader concepts that encompass all aspects of electronic interaction between business entities, including logistics, marketing, financial operations and international transactions.
The term «e-commerce» is clearly distinguished from related concepts, such as «e-commerce», «e-business», which mostly focuses on the sale of goods and services.
The article also explores the positive aspects of e-commerce, such as increasing the efficiency of business processes, reducing transaction costs, access to global markets, increased convenience for consumers, etc. At the same time, a number of negatives have been identified, including the risk of personal data theft, payment fraud, and other types of cybercrime.
The normative regulation of electronic commerce at the level of international law and in Ukraine is separately analyzed. The main legislative acts and their impact on the development of e-commerce are highlighted.
On the basis of the conducted research, three key criteria for a clear definition of e-commerce are formulated, including legal relations arising through electronic means, interaction of entities through the Internet, and multi-level business processes, namely: basic e-commerce, integrated e-commerce and global e-commerce.
As a result, a proper understanding of e-commerce as a form of business activity is proposed, which involves the implementation of commercial transactions using information and telecommunication means, covering a wide range of processes, including the conclusion and execution of contracts for the sale of goods and services, payment processing, logistics, marketing and advertising , as well as management of currency and customs operations during international transactions, which allows to increase business efficiency and reduce costs due to process automation, optimization of resource management, rapid exchange of information, reduction of transaction costs and simplification of communication between market participants.
The fine as a form of liability for anti-competitive concerted actions: novelties of the competition legislation of Ukraine and review of the AMCU practice
Authors: Shvydka T. , Lozova A.
Published: October 2024

The article analyzes the provisions, including novelties, of the Ukrainian competition law on determining the amount of fines imposed for anticompetitive concerted actions.
The article analyzes certain provisions of Ukrainian legislation, in particular, the Law of Ukraine «On Protection of Economic Competition» and the Procedure for Determining the Amount of a Fine Imposed for Violation of the Law on Protection of Economic Competition, approved by the AMCU Order No. 22-rp dated December 14, 2023.
The author analyzes the provisions of competition law regulating the mechanisms of: 1) determination of the basic amount of a fine; 2) adjustment of the amount of a fine taking into account the circumstances which are taken into account when determining the amount of a fine and increase or decrease the amount of a fine compared to the basic amount of a fine; 3) determination of the maximum amount of a fine. The author cites the practice of the Antimonopoly Committee of Ukraine to support the statements made in this paper.
The authors emphasize that the Procedure has solved one of the existing problems of legal regulation in this area. However, this legal act still provides for unlimited discretion of the AMCU in determining the basic amount of the fine, which leads to the possibility of attempts to influence the authorized representatives of the antimonopoly authorities in order to reduce the amount of the imposed penalties.
Based on the analysis of the provisions of the Procedure, the Law of Ukraine and the AMCU Decisions on violation of legislation on protection of economic competition and imposition of a fine, the authors conclude that the provisions of the above Procedure are imperfect in terms of legal regulation of the mechanism for reducing the basic amount of a fine in the presence of circumstances provided for by it. The solution of this problem will be facilitated by cooperation of the business entity that has committed or agreed to commit anticompetitive concerted actions with the bodies of the Antimonopoly Committee of Ukraine.
In view of the above, it is proposed to amend the competition legislation of Ukraine, including the Procedure.
Social entrepreneurship: an innovative tool for solving social problems in Ukraine
Authors: Boldyzhar S.M. , Khokhlova I.V.
Published: October 2024

It is indicated that in the modern world, where social and environmental problems are becoming increasingly acute, social entrepreneurship appears as an innovative and effective tool for solving them. This phenomenon is at the intersection of business and charity, combining an entrepreneurial approach with a social mission.
This article explores the phenomenon of social entrepreneurship as an innovative tool for addressing social and environmental challenges in the modern world. It examines the relevance of developing social entrepreneurship in the context of the UN’s global sustainable development goals and in conditions of limited state resources to meet growing social needs.
The author analyzes the historical roots of social entrepreneurship, tracing its evolution from the 17th century to the present day. Special attention is given to the «Triple Bottom Line» concept (profit, people, planet), which underlies social entrepreneurship, and the ideas of Nobel laureate M. Yunus regarding «social business».
The article discusses the key characteristics of social entrepreneurship that distinguish it from traditional business, and the principles of social enterprise operation. The author identifies three main models of social entrepreneurship: inclusive, social reinvestment, and innovative social model.
Particular attention is paid to the legal aspect of social entrepreneurship in Ukraine, specifically the absence of a special organizational and legal form for such activities and the opportunities provided by current legislation.
The author emphasizes the role of social entrepreneurship in the development of the economy and civil society, particularly in job creation, overcoming social isolation, and promoting civic participation. The categories of population for whom social entrepreneurship is especially relevant are considered.
The conclusions highlight the potential of social entrepreneurship as a tool for achieving sustainable development and building a more inclusive society, as well as the need for further research in this field, especially in the context of post-COVID reality and the state of war in Ukraine.
International practice of state regulation in the field of gambling
Authors: Veselov M.Yu. , Pylypiv R.M. , Volkova D.M.
Published: October 2024

State regulation in the field of gambling is an important factor for the harmonization of these relations and their adjustment. Currently, world practice does not have special legislation that would establish international requirements for the organization and conduct of gambling. However, the development of gambling business in other countries of the world has a long history and considerable experience of successful state regulation of these legal relations. Accordingly, the purpose of this study is to study similar practices of other states and their possible consideration for further improvement of state regulation in the field of gambling in Ukraine. The article presents certain aspects of state regulation of activities related to the organization and conduct of gambling in some countries of Europe (Switzerland, France, Malta) and North America (United States of America, Canada). It is emphasized that public management and administration in the field of gambling should be aimed at solving the main problems of this sphere of social relations: meeting the needs and interests of a certain group of people; prevention of gambling; protection of citizens from criminal encroachments that pose a danger to a large segment of the population; full and timely receipt of taxes provided for by law to the state budget and their allocation to socially important needs; prevention of types of gambling addiction not permitted by law; combating corruption offenses and legalization (laundering) of proceeds obtained through crime, etc. As evidenced by international practice, in order to solve these problems and eliminate existing problems and risks in this area, a more or less permanent trend is developing in the world (for those countries in which gambling is allowed and controlled): the adoption at the national level of a special regulatory law (legal act); creation of a system of relevant authorized state bodies of public administration with the distribution of organizational, permitting, supervisory and jurisdictional powers; maintenance of the necessary balance of public interests and the interests of business entities and individuals by introducing a system of permissive, agreeable and prohibitive methods of legal regulation and relevant organizational and legal measures.
State special transport service in the system of subjects of the Ministry of Defense of Ukraine: directions of influence and the role of public administration for their implementation
Authors: Hankevych K.B.
Published: October 2024

It was emphasized that in the conditions of ongoing Russian aggression, the issue of effective and stable functioning of the system of the Ministry of Defense of Ukraine has become important. It is noted that such an intention is possible only thanks to the systematically effective work of all subjects of this system. The exceptional role of the State Special Service of Transport in this aspect is emphasized, given the subject orientation of the latter. We are talking about the transport component, which is one of the basic prerequisites for the successful implementation of the lion’s share of measures by subjects not only of the ministry system, but also of the entire security and defense sector.
The position of the State Special Service of Transport as a subject of public-legal relations at the current stage of law-making is highlighted in general outlines. It was found that it is appropriate to talk about an institution endowed with the status of a specialized military formation, which carries out a number of defense measures peculiar only to it. Despite its regulatory specifics, it is advisable to talk about a number of similar parameters, compared to the rest of the institutions.
The essence of the directions of the analyzed body’s work, including under the current situation, is outlined and disclosed. Arguably, it is emphasized that such directions are derived from the functions of the institution, which the latter’s officials implement in practice. The legislator’s position on their gradation into two fundamental groups was supported and developed: 1) peacetime; 2) a special period. Based on this, the author’s vision of the quantitative and specific composition of the areas of work of the State Special Service of Transport is proposed, followed by their general characteristics.
The problems of the importance of public administration tools in the framework of the implementation of management functions performed by this specialized military formation have been studied. It is emphasized that the presence of these tools is a prerequisite for the implementation of management steps. The above constitutes a critical and unalternative position from the point of view of the application of appropriate measures within the limits of one or another outlined direction.
Based on the preliminary results, an attempt was made to determine the place of the State Special Transport Service in the structure of the Ministry of Defense system. Based on the competence of the institution, directions of influence and awareness of the role of the stability of the transport component, a well-argued assumption is made about the uniquely important role of this institution.
State policy of sustainable development on the basis of the "green economy"
Authors: Kovalenko V.
Published: October 2024

The article deals with issues of the state policy of sustainable development based on the principles of «green economy». The transition to sustainable development is a process of changing the value orientations of many people. The internationally recognized fundamental values of development are freedom, equality, solidarity, tolerance, respect for nature, and shared responsibility. It was determined that the national goals of sustainable development are based on political, economic, social, ecological, moral and cultural values inherent in Ukrainian society. They determine the focus of the strategy on caring for the common good and protecting the national interests of Ukraine. Radical changes related to today’s problems and the course towards European integration make it possible to build a new Ukraine based on the principles of sustainable development, rule of law, protection of human rights, democracy, solidarity, and proper governance. It was emphasized that the strategic vision of sustainable development of Ukraine is based on ensuring national interests and fulfilling Ukraine’s international obligations regarding the transition to sustainable development. Such development involves: overcoming imbalances in the economic, social and environmental spheres; building a peaceful and safe, socially cohesive society with good governance and inclusive institutions; transformation of economic activity, transition to the principles of «green economy», etc. A «green economy» can be defined as one that increases people’s well-being and ensures social justice, while significantly reducing risks to the environment and increasing poverty.
Attention was drawn to the Recovery Plan of Ukraine (2022) and the main priorities were determined, namely the acceleration of the implementation of the European Green Agreement thanks to the development of low-carbon energy and the existing energy infrastructure and the possibility of green exports; availability of electricity at a price below the European price with a significant share of «green» energy; support for the transition to energy with zero carbon emissions: development of carbon-free energy (nuclear), increase in gas and biofuel production, development of the ecosystem; regulation of green tariffs; promoting the transition of the agro-food sector to «green» growth; removal of technical barriers to the integration of Ukrainian manufacturers into the Single European Green Market, in particular, by spreading the necessary certification procedures and confirmation of compliance, increasing the level of awareness of manufacturers in this area, supporting manufacturers of ecologically better products, expanding the capacity of Ukrainian manufacturers to participate in «green» (energy­efficient, sustainable) public procurement, etc.
Legal regulation of education in Ukraine. Part 6: Features of admission to higher education in Ukraine
Authors: Marinich V.K. , Myklush M.I. , Holub S.M.
Published: October 2024

This article examines the legal issues of regulating the access of citizens of Ukraine to higher education of the third educational and scientific degree (doctor of philosophy) in the paradigm of international acts, the Constitution of Ukraine, the Laws of Ukraine, and Resolutions of the Cabinet of Ministers of Ukraine in the field of education.
This is related to the existence of certain legal conflicts in the education sector, which arose as a result of the ambiguity and imperfection of the legislation of Ukraine on education, which the Ministry of Education and Science of Ukraine uses to illegally restrict the access of citizens of Ukraine to higher education of the third educational and scientific degree.
Taking into account the requirements of the Constitution of Ukraine, the Universal Declaration of Human Rights of the United Nations, and the Convention for the Protection of Human Rights and Fundamental Freedoms, the article presents the results of a study of the peculiarities of the application of the provisions of the relevant legislative acts in the field of education (with all changes and additions introduced as of September 1, 2024), namely the Law of Ukraine “On Education” (dated September 5, 2017, under No. 2145-VIII), the Law of Ukraine “On Higher Education” (dated July 1, 2014, under No. 1556- VII) and the “Procedure for Training Candidates for Higher Education Degrees of Doctor of Philosophy and Doctor of Sciences in institutions of higher education (scientific institutions)”, approved by Resolution No. 261 of the Cabinet of Ministers of Ukraine (dated March 23, 2016).
At the same time, the research is mainly focused on the peculiarities of applying the above­mentioned legislative acts to determine the differences in the conditions of access to free and paid education and the established legitimacy and feasibility of certain elements of such conditions. Principally this concerns the introduction by the State of Ukraine of unified professional exams and other tests (with the use of external independent evaluation) as a condition for access to the next stage of tests, namely, entrance exams and other tests for admission to study introduced by higher education institutions of Ukraine. That is, the legality of establishing a two-level system of competitions and entrance tests for those who wish to obtain a higher education of the third educational and scientific degree (doctor of philosophy) on a paid basis (i.e., at their own expense or the expense of non-state grants and scholarships) is being considered.
The article is the sixth one within the cycle of studies in which the peculiarities of access of Ukrainian citizens to higher education in martial law conditions are addressed.
The concept and legal nature of the principle of cassation appeal in administrative proceedings of Ukraine
Authors: Samara V.S.
Published: October 2024

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings.
The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens’ rights to defend their interests in court.
New approaches to the implementation of supervisory powers in capital markets and organized commodity markets
Authors: Handoga A.
Published: October 2024

The article analyzes new mechanisms and measures of influence on supervisory entities in capital markets and organized commodity markets. A general positive assessment is given to the innovations related to the introduction of more flexible tools for adjusting the state of stock and organized commodity markets, as well as the expansion of the powers of the National Securities and Stock Market Commission (NSSMC), while simultaneously strengthening the legal guarantees of the rights of supervised entities.
Attention is paid to changes regarding the inclusion of individuals as subjects of responsibility under this law, clearer delineation of the scope of supervised entities, and significant expansion of the rights of supervised entities by utilizing the best practices of regulating procedural relations between the supervisory body and the supervised entity. The article also explores the deepening regulation of communicative connections between these entities and the procedures for implementing supervisory measures.
Attention is given to preventive measures for violations, such as «recommendations by inspectors» and «requests for the adoption of measures.» The article analyzes new forms of implementing supervisory powers and measures of influence on supervised entities, as well as new mechanisms for their implementation that were not previously known in domestic practice. The legal significance of «public warnings» is highlighted, and a legal evaluation of «settlement agreements regarding the consequences of violating sectoral legislation» is provided as an alternative to administrative enforcement measures. According to the authors, concluding such an agreement cannot be considered as a discretionary power of the NSSMC but rather a right of the supervised entity.
Conclusions are made regarding the compliance of the introduction of «controlled services» with the IOSCO principle. Taking into account the guarantees of the rights of supervised entities, as stipulated in Article 35 of the Law of Ukraine «On Amendments to the Law of Ukraine ‘On State Regulation of Capital Markets and Organized Commodity Markets’ and Some Other Legislative Acts of Ukraine on Improving State Regulation and Supervision in Capital Markets and Organized Commodity Markets» of February 22, 2024, No. 3585-IX (hereinafter referred to as Law No. 3585-IX).
The article defines the functional purpose of legislative restrictions on financial sanctions against supervised entities - legal entities, which, in the authors’ view, aim to prevent their economic destruction and the disruption of economic ties in the respective market.
In conclusion, the changes introduced as a result of the adoption of Law No. 3585-IX are expected to positively impact the relationship between the regulator and market participants. The innovations in the practice of legal regulation of relations between the regulator and supervised entities deserve to be extended to other similar areas of state control and supervision.
Dialectical Unity of Historical Experience and Modern Practices of Labor Dispute Resolution
Authors: Yasinskaya-Kazachenko A.V.
Published: October 2024

The article attempts to show the state of the Soviet and modern periods at the level of the transition of the uncertainty of law into the certainty of law. Purpose. The purpose of the study is to outline the contours of the dialectical process at the level of forms of protection of the rights and legitimate interests of workers in resolving labor disputes, to characterize the patterns that are repeated in the dynamics of the incessant circulation of forms of law - having their own typology, universal, polymeric nature, as well as (before), (outside) and judicial procedure for resolving labor disputes. Methodology. When writing the work, the following methods were used: general philosophical (dialectical-materialistic), general scientific (analysis, synthesis, logical, historical, comparisons), special-legal (comparative-legal, historical-legal). Results. The author dwells on cyclically reproduced defects, gaps and shortcomings, passing uncertainties of law. An analysis of labor legislation and law enforcement practice at the level of the legality of labor relations allows us to conclude that the content of the right to protection (in the substantive sense) includes two possibilities: the possibility of performing protective actions by the authorized person himself and the possibility of claiming against the offender. The right to protection in the procedural (more precisely, in the jurisdictional) sense means the ability of a person to apply for the protection of his rights to jurisdictional bodies. Dialectical unity is considered in ways of protecting the rights and legitimate interests of workers. Conclusion. The means to achieve the certainty of law is the process of law enforcement and its stage of subsummation. It is necessary to revise the existing rules on the jurisdiction of labor disputes: allow a judicial procedure for resolving collective labor disputes and develop a conciliation procedure for considering individual labor disputes of a claim nature, the introduction of specialized labor dispute courts can serve to achieve certainty of law.
State Council in the System of Public Administration in the 19th - Early 20th Century: Historical and Legal Aspects
Authors: Arsnukaeva R.S.
Published: October 2024

Giving the State Council of the Russian Federation the status of constitutional state body in 2020 and its “ascension” to the top of the system of public authority actualizes the need for historical and legal analysis of the place and role of this body of supreme power in the strengthening vertical of imperial power in the 19th - early 20th century and constitutional construction of the Russian state. Purpose. The author's aim is the following - on the basis of the legal-historical analysis to define the peculiarities of incorporation (in the aspect of interaction with other organs of the Supreme Ruling) of the State Council into the vertical of imperial power. Methodology. The author used historical and formal-legal methods of research. Results. Historical evidence confirms that the period when the decision to create the State Council as a law-advisory body was characterized by a deep crisis in the system of public administration of the Russian Empire and the contradictory legal status of many public authorities, causing their uncertainty (impossibility of their legal identification). The urgent need for administrative reforms, political and socio-economic transformations in the state required the supreme authorities to resort to deliberative institutions, the members of which assisted the emperor in making important decisions in the field of public administration. The Council of State became one of them. The issues highlighted in the article allow us to better understand the place of the State Council in the 19th - beginning of the 20th century in the strengthening of the vertical of power, which in its turn opens up the possibility of making historical parallels in the development of this institution, functioning at the modern stage of Russia's development. Conclusion. The State Council could not become the significant state body that was conceived by M.M. Speransky. In the form in which it was first created by Alexander I, it only strengthened the centralization of state power. However, despite this, he acted as the basis for the further development of the state apparatus in some accordance with the demands of society, the foreign and domestic policy of the Russian Empire.
Special Disciplinary Responsibility of Employees in the Sphere of Ensuring the Safe Life of the Population
Authors: Pyatkov K.V.
Published: October 2024

His work is devoted to the consideration of the issue of distribution and the presence in certain branches of labor legislation of the norms of special disciplinary responsibility relating to participants in labor relations in the field of ensuring safe life. Purpose. Analysis and generalization of the norms of special disciplinary responsibility in the field of ensuring the safe life of the population. Methodology. The basis of this study is a combination of general scientific and special-legal research methods. Among the general scientific methods used, it is possible to name analysis, dialectical and structural-functional methods. In addition to the above methods, such special-legal methods of cognition were also used: formal-legal, comparative-legal, historical. Results. The author states the presence of various non-systematized criteria for the application of special disciplinary liability in the considered areas of labor law, the presence of multiple norms that were previously subject to change and cancellation, the absence of clear prospects for the further development of special disciplinary liability in the sectors under consideration. Conclusion. There is a legal need to streamline relations in the field of ensuring safe life, including the development of unified legal approaches in the application of disciplinary measures, including the extension of such measures to all industries mentioned by the legislator under clause b) of part 1 of Article 413 of the Labor Code of the Russian Federation.
Modern Russian local government and prospects for its development
Authors: Ivanov V. N. , Maksimov V. P.
Published: October 2024

The article examines the process of development of the local government system of the Russian Federation formed in 2003-2008. An assessment of system condition at the present time is given. The main provisions of the concept of a new municipal reform, which should be carried out in the coming years, after the adoption of a new law on local government, are analyzed. The main changes in the system of local government expected as a result of the reform are identified: improving the efficiency of management in the territory of urban and municipal districts and strengthening the financial base of local government institutions. However, at the same time, a large number of municipalities will be liquidated, the practice of direct elections of heads of municipalities will be reduced, and the influence of regional state power on local government will increase.
“So would like to talk to you personally”. George Fedotov's letters to Yurii and Tamara Ivask. 1947-1949
Authors: Antoshchenko A. V.
Published: October 2024

The letters of G.P. Fedotov written and sent from the USA to Germany to Yu.P. and T.G. Ivask are published. They recorded the specific assistance provided by G.P. Fedotov to a young couple who decided to move from Europe to America. George Petrovich not only gave advice, based on his experience of a recent settlement in a new place, but also used every opportunity to provide formal grounds for obtaining the documents necessary for naturalization. The letters are stored in the fund of Yu.P. Ivask in the archives of the Center for Russian Culture of Amherst College. Their text is brought into line with modern spelling standards. The publication of letters is preceded by an introduction describing the conditions for their appearance, and is also accompanied by the necessary comments.
All-Russian Omsk local Forum About the history and the present state of local studies
Authors: Tomilov N. A.
Published: October 2024

Contains an overview of scientific topics and reports discussed during the All-Russian Omsk Local History Forum on October 27-29, 2022. The reports of the plenary session were related to the topic “The role of state institutions in the development of domestic local history”. There was also an open discussion “‘New is a well-forgotten old': on the occasion of the 100th anniversary of the Central Bureau of Local Lore”, a round table “Encyclopedia of Russian Local Lore”.
International Symposium “integration of archaeological and ethnographic research” in Tyumen
Authors: Korusenko S. N. , Tomilov N. A.
Published: October 2024

Information is provided on the XXIII International Scientific Symposium "Integration of Archaeological and Ethnographic Research" held on October 26-27, 2022 in Tyumen. A review of a number of reports (58 reports in total) included in the sections of the program - “Historiographic aspects of the interaction of archaeology and ethnography in the reconstruction of ancient and medieval history”, “Results of practical work in the areas of integration of historical disciplines”, “Ethnoarchaeological research. Theory, methodology, sources”. The symposium was organized by the institutions of Omsk, Pavlodar and Tyumen and was held on the basis of the Tyumen Scientific Center of the SB RAS. Scientists from Russia, Armenia, Germany, Kazakhstan, Kyrgyzstan and the Czech Republic took part in its work in full-time and part-time form.
The fate of the country through the fate of the dynasty. Book review: Petin D.I. the history of the Omsk Batyushkin family, Omsk, Zolotoi tirazh (omskblankizdat) publ., 2021, 140 p
Authors: Komleva E. V.
Published: October 2024

A review of D.I. Petin's monograph “The History of the Omsk Batyushkin family” (Omsk, 2021) is presented. The author's approach, the sources involved, the structure and content of the work are characterized. Using the methods of microhistory and based on a voluminous corpus of sources, D.I. Petin successfully fits the reconstruction of the fate of a particular family into the broad context of the historical development of Russia during the second half of the 19th - 20th century, coming to such subjects as merchant entrepreneurship, the history of public education, public activity in pre-revolutionary society, dramatic collisions of post-revolutionary time, the evolution of conditions everyday life of citizens, Russian emigration in China. The conclusion is made about the high scientific level of the publication, which will undoubtedly attract the attention of not only specialists, but will also be in demand by a wide range of readers.
The page in the history of the Dormition Cathedral in the town of OSA during the period of the anti-religious campaign
Authors: Dolgova A. V.
Published: October 2024

The country was on the brink of a humanitarian catastrophe in 1921-1922. The food policy in the countryside, the lack of workers and draft animals, crop failure, the Red Terror are the main causes of famine. The events take place in the small county town of Osa, Perm region. The parishioners of the Dormition Cathedral refused the proposal of the local authorities to hand over church property to the Committee for Assistance to the Starving in the Volga Region. The purpose of the study is to show the attitude of the Orthodox residents of the county to anti-church policy using the example of unique archival documents. The methodological basis of the study is the principles of objectivism and historicism. In order to demonstrate the influence of objective facts on historical events, an ideographic method was applied. The use of archival documents as a primary source allows us to restore a picture of the relationship between the authorities, parishioners and the church. After the devout of the Dormition Cathedral refused to hand over church property to the famine relief committee, arguing that it would be looted, an anti-church campaign was launched with the mediation of local authorities, and a criminal case was opened against two priests. The protocol of the meeting of the devout is the only document that has been preserved and filed with the criminal case - the last manuscript of the parishioners of the Assumption Cathedral. Most of the documents of the case are represented by protocols of searches and interrogations of priests, testimonies of witnesses and sentencing. The Orthodox residents of the Osinsky district decided not to go into conflict with the district executive committee and decided to allocate personal funds for the fight against hunger, realizing that their funds would be embezzled. It was an attempt to save the Dormition Cathedral from ruin. But, as the subsequent course of events showed, the local authorities did not appreciate the deed of the parishioners, and the refusal to hand over church items was used as a pretext for initiating a criminal case and starting anti-religious propaganda in the press. All the accused were ultimately sentenced by the Perm Provincial Revolutionary Tribunal to community service. It is not known how the further fate of the clergy and parishioners developed. The Dormition Cathedral, built at the expense of parishioners in the late 18th - early 19th century, which was once the center of world of spirit suffered a sad fate. The central dome and bell tower were demolished, and the rest of the building is occupied by the local museum.