Journal №7 (43) vol. 2 / 2021|KELM

LIST OF FILES

DEVELOPMENT OF HUTSUL STUDIES IN EDUCATIONAL INSTITUTIONS OF THE CARPATHIAN REGION OF UKRAINE (LATE XX – EARLY XXI CENTURIES)

Taras Paska

Postgraduate Student at the Department of Bogdan Stuparyk Pedagogy and Education Management
Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0002-4579-388X

Anotation. The article considers the theoretical principles and experience of studying the regional ethnographic component in educational institutions of the Carpathian region of Ukraine on the example of Hutsul region. The contribution of Polish and Ukrainian scientists, local historians, and teachers to the study of the ethnocultural phenomenon of the Hutsul region, one of the ethnographic regions of modern Ukraine, is highlighted. The preconditions of emergence at the turn of the XX – XXI centuries are revealed. educational movement for the revival of the Hutsul school. The essence of the concept of Hutsul school and Hutsul studies as a subject, organizational and pedagogical principles of development of Hutsul school as a regional Ukrainian national are described. The educational and methodological support for the study of Hutsul studies is analyzed. Emphasis is placed on the need for international cooperation in research and solving problems of the mountain school. The necessity of further research of the scientific heritage of the founders of Hutsul studies and the best pedagogical experience of educational institutions of the Hutsul region is substantiated.
Keywords: The article considers the theoretical principles and experience of studying the regional ethnographic component in educational institutions of the Carpathian region of Ukraine on the example of Hutsul region. The contribution of Polish and Ukrainian scientists, local historians, and teachers to the study of the ethnocultural phenomenon of the Hutsul region, one of the ethnographic regions of modern Ukraine, is highlighted. The preconditions of emergence at the turn of the XX – XXI centuries are revealed. educational movement for the revival of the Hutsul school. The essence of the concept of Hutsul school and Hutsul studies as a subject, organizational and pedagogical principles of development of Hutsul school as a regional Ukrainian national are described. The educational and methodological support for the study of Hutsul studies is analyzed. Emphasis is placed on the need for international cooperation in research and solving problems of the mountain school. The necessity of further research of the scientific heritage of the founders of Hutsul studies and the best pedagogical experience of educational institutions of the Hutsul region is substantiated.

PEDAGOGICAL CONDITIONS OF FORMATION OF READINESS OF FUTURE TEACHERS OF PHYSICAL CULTURE FOR SPORTS AND PATRIOTIC ACTIVITY

Dmytro Pelypas

Postgraduate Student at the Department of Theory and Methods of Physical Education, State Institution «Luhansk National University named after Taras Shevchenko» (Starobilsk, Ukraine)

ORCID ID: 0000-0002-1912-6418

Anotation. The article considers the concepts of «pedagogical conditions» and «pedagogical conditions of readiness of future physical education teachers for sports and patriotic activities». Three pedagogical conditions for the readiness of future physical education teachers for sports and patriotic activities are identified: raising awareness of student youth about sports and patriotic education of students in general secondary education on the basis of interdisciplinary links and the philosophy of Olympism; implementation of a set of sports and patriotic activities during pedagogical (industrial) practice; the third pedagogical condition for enriching the creative experience of future physical education teachers in the context of sports and patriotic education. Positions and opinions on patriotic education in the works of Ukrainian scientists are considered. Methods, forms and means that are appropriate to use during sports and patriotic activities have been developed. The study will promote the introduction of physical education teachers of national-patriotic, militarypatriotic and sports-patriotic education in general secondary education.
Keywords: The article considers the concepts of «pedagogical conditions» and «pedagogical conditions of readiness of future physical education teachers for sports and patriotic activities». Three pedagogical conditions for the readiness of future physical education teachers for sports and patriotic activities are identified: raising awareness of student youth about sports and patriotic education of students in general secondary education on the basis of interdisciplinary links and the philosophy of Olympism; implementation of a set of sports and patriotic activities during pedagogical (industrial) practice; the third pedagogical condition for enriching the creative experience of future physical education teachers in the context of sports and patriotic education. Positions and opinions on patriotic education in the works of Ukrainian scientists are considered. Methods, forms and means that are appropriate to use during sports and patriotic activities have been developed. The study will promote the introduction of physical education teachers of national-patriotic, militarypatriotic and sports-patriotic education in general secondary education.

JAZZ AS A SOCIOCULTURAL PHENOMENON

Alina Popova

Postgraduate Student at the Department of Academic and Variety Vocal and Sound Directing
National Academy of Management of Culture and Arts (Kyiv, Ukraine)

ORCID ID: 0000-0001-5534-073Х

Anotation. The article explores and reveals the essence of jazz as a socio-cultural phenomenon. The peculiarities of the genesis of the art of jazz in its historical-cultural and socio-artistic connections are highlighted. The technique of jazz performance in comparison with academic music is considered. The period of initial formation and the first decades of development of the named musical genre is traced. The article reveals the socio-cultural and musical influences on the emergence of a new type of African American music, in particular – the influence of folklore. Musical stylistic trends and genres that played an important role in the formation of jazz art are identified. During the writing of the article the methods of analysis, synthesis, forecasting, secondary processing of information were used. It is concluded about the reasons for the popularity of jazz and the factors that contributed to its global spread.
Keywords: The article explores and reveals the essence of jazz as a socio-cultural phenomenon. The peculiarities of the genesis of the art of jazz in its historical-cultural and socio-artistic connections are highlighted. The technique of jazz performance in comparison with academic music is considered. The period of initial formation and the first decades of development of the named musical genre is traced. The article reveals the socio-cultural and musical influences on the emergence of a new type of African American music, in particular – the influence of folklore. Musical stylistic trends and genres that played an important role in the formation of jazz art are identified. During the writing of the article the methods of analysis, synthesis, forecasting, secondary processing of information were used. It is concluded about the reasons for the popularity of jazz and the factors that contributed to its global spread.

INTERNATIONAL LEGAL AND FOREIGN EXPERIENCE OF ANTI-CORRUPTION JUSTICE

Iryna Prodan

Advocate (Kyiv, Ukraine)

ORCID ID: 0000-0002-2412-7829

Anotation. In the article researches the international legal and foreign experience of anti-corruption justice in the context of the norms of international law and the legislation of individual states in which specialized anti-corruption courts operate. In the course of the study, a doctrinal method was used, which made it possible to characterize the various approaches of scientists to the analysis of the functions and appointment of anti-corruption courts in different countries; the historical and legal method was used, which made it possible to analyze the various stages of the formation of anti-corruption legislation in international acts. In conclusion, it was stated that international legal norms create general principles of anti-corruption justice, a specific model is determined by the domestic judicial and law enforcement system, and in order to improve the Ukrainian model, it is necessary to study the dynamics of transformations in foreign models of anti-corruption judicial bodies.
Keywords: In the article researches the international legal and foreign experience of anti-corruption justice in the context of the norms of international law and the legislation of individual states in which specialized anti-corruption courts operate. In the course of the study, a doctrinal method was used, which made it possible to characterize the various approaches of scientists to the analysis of the functions and appointment of anti-corruption courts in different countries; the historical and legal method was used, which made it possible to analyze the various stages of the formation of anti-corruption legislation in international acts. In conclusion, it was stated that international legal norms create general principles of anti-corruption justice, a specific model is determined by the domestic judicial and law enforcement system, and in order to improve the Ukrainian model, it is necessary to study the dynamics of transformations in foreign models of anti-corruption judicial bodies.

CULTURAL DIMENSION OF NEUROLINGUISTIC PROGRAMMING IN THE TRINITY OF INTERACTION OF DIRECTOR, ACTOR, SPECTATOR

Svitlana Sadovenko, Lesya Poriadchenko

Svitlana Sadovenko, Doctor of Cultural Studies, Associate Professor, Honored Artist of Ukraine, Professor at the Department of Directing and Acting at the Institute of Contemporary Art National Academy of Managerial Staff of Culture and Art, (Kyiv, Ukraine)
Lesya Poriadchenko, Candidate of Pedagogical Sciences, Associate Professor, Associate Professor of Borys Hrinchenko University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0001-9166-5259, ORCID ID: 0000-0001-8596-8907

Anotation. The article provides a theoretical analysis of the problem of personal interaction between actor, director and audience. Peculiarities of the director's emotional and communicative influence on the actor and the actor on the spectator using the basics of neurolinguistic programming (NLP) are presented. The main focus is on the use of neurolinguistic programming technologies in the process of creative communication, which will promote better understanding between the subjects of the creative process and patronize a clear understanding / relationship between director and actor during rehearsals and between actors and spectators during the performance. It is hypothesized that taking into account the neurolinguistic features of the priority sensory channel of actors and spectators, their representative systems (audio, visual, kinesthetic and digital), based on which the perception and reproduction of information, will allow the director to consciously take into account individual features of the world. Anchoring (consolidating people's emotions to then evoke them again at the right moment) of emotions will help the director and the actor to achieve the desired emotional state of the hero faster. The perfect use of linguistic means in the creative interaction of the actor and the spectator and the director and the actor will contribute to the direct influence on the consciousness of the objects of creativity.
Keywords: The article provides a theoretical analysis of the problem of personal interaction between actor, director and audience. Peculiarities of the director's emotional and communicative influence on the actor and the actor on the spectator using the basics of neurolinguistic programming (NLP) are presented. The main focus is on the use of neurolinguistic programming technologies in the process of creative communication, which will promote better understanding between the subjects of the creative process and patronize a clear understanding / relationship between director and actor during rehearsals and between actors and spectators during the performance. It is hypothesized that taking into account the neurolinguistic features of the priority sensory channel of actors and spectators, their representative systems (audio, visual, kinesthetic and digital), based on which the perception and reproduction of information, will allow the director to consciously take into account individual features of the world. Anchoring (consolidating people's emotions to then evoke them again at the right moment) of emotions will help the director and the actor to achieve the desired emotional state of the hero faster. The perfect use of linguistic means in the creative interaction of the actor and the spectator and the director and the actor will contribute to the direct influence on the consciousness of the objects of creativity.

CROSS-CULTURAL INFLUENCES IN THE DEVELOPMENT OF VOLYN FOLK DANCE ON THE EXAMPLE OF OIRA DANCE

Mykola Tsapiak

Postgraduate Student at the Department ofCultural Studies Lesya Ukrainka Volyn National University, Teacher of Choreographic Disciplines Volyn College of Culture and Arts Named after I. F. Strainsky (Lutsk, Ukraine)

ORCID ID: 0000-0003-3645-201X

Anotation. The essence of cross-cultural ties in the process of development and formation of Volyn folk dance choreology is determined. Based on the dialectical, analytical, historical, and comparative research methods, the author tries to substantiate the version of the origin of the oira dance. On the example of this dance a comprehensive analysis is carried out and the connection between the dialogue of cultures during the genesis of the development of the choreographic tradition of the region is revealed. The systematization and structuring of the obtained results, the expansion of the source base of the research points to the importance of the acculturation process in the formation of dance vocabulary and determines further directions in the study of Volyn folk dance choreology.
Keywords: The essence of cross-cultural ties in the process of development and formation of Volyn folk dance choreology is determined. Based on the dialectical, analytical, historical, and comparative research methods, the author tries to substantiate the version of the origin of the oira dance. On the example of this dance a comprehensive analysis is carried out and the connection between the dialogue of cultures during the genesis of the development of the choreographic tradition of the region is revealed. The systematization and structuring of the obtained results, the expansion of the source base of the research points to the importance of the acculturation process in the formation of dance vocabulary and determines further directions in the study of Volyn folk dance choreology.

WAY TO RECOGNIZE WATERCOLORS THROUGH ART UNIONS

Dutch school, watercolors, art unions, Kharkiv Art Museum

Postgraduate Student National Academy of Culture and Arts Management, Chief Expert Forensic Kharkiv Scientific research Forensic Center of the Ministry of Internal Affairs of Ukraine (Kharkiv, Ukraine)

ORCID ID: 0000-0003-3972-0817

Anotation. The work is devoted to the study of artistic associations of the XIX century, which were created in Holland. The role played by such associations in the development of art, the schemes of the functioning of associations, the positions taken in relation to each other, the need for the formation of a union of artists, the additional reasons for the creation of similar societies, and the reasons for the dissolution of one of the famous associations of artists, namely the Dutch Graphic Painting Company, are determined. The links of associations with art dealers of international salons, on the examples of internally-collective positions, were substantiated and found. Statistical data of sales of exhibitions was analyzed, which made it possible to track the level of demand and supply of the contemporary art market. The scientific novelty of the work is to expand the range of research of associations of artists who united in one type of painting, namely watercolor. Establishing lists of participants of unions and researching catalogs of exhibitions of works can become the future subject of study of other art critics. It should be noted that there is no fundamental research of the "Dutch Graphic Drawing Company", so many questions have not been highlighted so far.
Keywords: The work is devoted to the study of artistic associations of the XIX century, which were created in Holland. The role played by such associations in the development of art, the schemes of the functioning of associations, the positions taken in relation to each other, the need for the formation of a union of artists, the additional reasons for the creation of similar societies, and the reasons for the dissolution of one of the famous associations of artists, namely the Dutch Graphic Painting Company, are determined. The links of associations with art dealers of international salons, on the examples of internally-collective positions, were substantiated and found. Statistical data of sales of exhibitions was analyzed, which made it possible to track the level of demand and supply of the contemporary art market. The scientific novelty of the work is to expand the range of research of associations of artists who united in one type of painting, namely watercolor. Establishing lists of participants of unions and researching catalogs of exhibitions of works can become the future subject of study of other art critics. It should be noted that there is no fundamental research of the "Dutch Graphic Drawing Company", so many questions have not been highlighted so far.

THE PROBLEM OF DEATH AND IMMORTALITY OF PERSONALITY IN THE SCIENTIFIC WORLDVIEW: THE CRITERION OF THE BEGINNING OF PERSONAL EXISTENCE

Pavlo Nesterenko

Postgraduate Student at the Department of Theology and Religious Studies, Faculty of History and Philosophy
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0002-8252-6879

Anotation. The main goal of article is to analyze the problem of death and immortality of the individual in the context of the scientific worldview. The paper attempts to reveal the meaning of death in human existence and to consider the main types of immortality in the scientific type of worldview. The problem of death is that it is invisibly always with us. Each of our breaths is a symbolic death, and each breath of oxygen is a symbolic resurrection from the dead. Among the faces of Thanatos in human existence are: 1. Death as total relaxation. 2. Death as a dream. 3. Any ending as death. 4. Orgasm as a small death. 5. Madness as a form of death. The scientific worldview raises the question of the criterion of the beginning of personal existence. The author proves that individuals are not born, but become in the process of ontogenetic development of personality. The criterion for the beginning of personal existence is the awareness of the inevitability of one’s own death and the desire for immortality. The solution to the problem of death and immortality in science depends on the type of worldview of the scientist: idealistic, materialistic or personalistic.
Keywords: The main goal of article is to analyze the problem of death and immortality of the individual in the context of the scientific worldview. The paper attempts to reveal the meaning of death in human existence and to consider the main types of immortality in the scientific type of worldview. The problem of death is that it is invisibly always with us. Each of our breaths is a symbolic death, and each breath of oxygen is a symbolic resurrection from the dead. Among the faces of Thanatos in human existence are: 1. Death as total relaxation. 2. Death as a dream. 3. Any ending as death. 4. Orgasm as a small death. 5. Madness as a form of death. The scientific worldview raises the question of the criterion of the beginning of personal existence. The author proves that individuals are not born, but become in the process of ontogenetic development of personality. The criterion for the beginning of personal existence is the awareness of the inevitability of one’s own death and the desire for immortality. The solution to the problem of death and immortality in science depends on the type of worldview of the scientist: idealistic, materialistic or personalistic.

JAZZ ART IN UKRAINE: HISTORICAL CONTEXT

Valentina Olianych, Larysa Olianych

Valentina Olianych, Doctor of Historical Sciences, Associate Professor, Professor at the Department of History and Socio-Economic Disciplines Kharkiv Academy of Humanities and Pedagogy (Kharkiv, Ukraine)
Larysa Olianych, Candidate of Historical Science, Associate Professor, Associate Professor at the Department of History and Socio-Economic Disciplines Kharkiv Academy of Humanities and Pedagogy (Kharkiv, Ukraine)

ORCID ID: 0000-0002-7880-6579, ORCID ID: 0000-0002-4924-145X

Anotation. The article examines cultural changes in society, from the NEP period to the present day, using the example of the phenomenal phenomenon of jazz art, which made a real breakthrough in cultural life. The emergence of new jazz orchestras, instrumental dance music, and elements of theatricalization introduced new phenomena into the spiritual life of society. During the period of the new economic policy, the concept of «jazz» among the average population of the country was presented as a phenomenon of commercial music. The Soviet government constantly tried to control cultural life, putting it in an ideological framework, dictating rules and putting obstacles. Jazz was interpreted as a «bourgeois» weapon of ideological struggle for the consciousness of the Soviet people. Jazz was listened to with pleasure, gradually it acquired the term «mass popular art», which absorbed various trends of the XX century: beat, pop, smash hit, pop, musical, rock, rap, rhythm and blues, soul, folk, jazz. In the context of historical research, it is worth noting that jazz in Ukraine over the centuries is gradually becoming a unifying ideological innovation that goes deeper into society and, regardless of race, religion, ethnic origin, unites millions of people.
Keywords: The article examines cultural changes in society, from the NEP period to the present day, using the example of the phenomenal phenomenon of jazz art, which made a real breakthrough in cultural life. The emergence of new jazz orchestras, instrumental dance music, and elements of theatricalization introduced new phenomena into the spiritual life of society. During the period of the new economic policy, the concept of «jazz» among the average population of the country was presented as a phenomenon of commercial music. The Soviet government constantly tried to control cultural life, putting it in an ideological framework, dictating rules and putting obstacles. Jazz was interpreted as a «bourgeois» weapon of ideological struggle for the consciousness of the Soviet people. Jazz was listened to with pleasure, gradually it acquired the term «mass popular art», which absorbed various trends of the XX century: beat, pop, smash hit, pop, musical, rock, rap, rhythm and blues, soul, folk, jazz. In the context of historical research, it is worth noting that jazz in Ukraine over the centuries is gradually becoming a unifying ideological innovation that goes deeper into society and, regardless of race, religion, ethnic origin, unites millions of people.

SYNONYMUOUS RELATIONS IN THE TERMINOLOGICAL SYSTEM OF THE GERMAN PROFESSIONAL LANGUAGE OF ARCHITECTURE AND CONSTRUCTIONS

Yevhenia Rubana

Postgraduate Student at the Department of German, General and Comparative Linguistics
Yuriy Fedkovych Chernivtsi National University (Chernivtsi, Ukraine)

ORCID ID: 0000-0002-4039-0977

Anotation. The article deals with the comprehensive analysis of synonymous relations that exist within the terminology of the German professional language of architecture and construction. Achieving the main goal of the study to identify groups of terms-synonyms of the GLSPAC, outline the specifics of synonymous relations in the studied terminology, as well as analysis of frequency potential of synonyms in the historical context can be implemented in the use of techniques of structural method. The study of synonymous series of the GLSPAC showed that out of 6108 terms, there are 250 synonymous series, which are united by 1090 synonymous relations. In total, 2499 terms-synonyms of the GLSPAC were sorted by the use frequency in the process of professional communication according to 5 groups. The results of the research will help in the reconstruction of the stages of formation and development of the GLSPAC and its existing paradigmatic relations (antonyms, homonyms).
Keywords: The article deals with the comprehensive analysis of synonymous relations that exist within the terminology of the German professional language of architecture and construction. Achieving the main goal of the study to identify groups of terms-synonyms of the GLSPAC, outline the specifics of synonymous relations in the studied terminology, as well as analysis of frequency potential of synonyms in the historical context can be implemented in the use of techniques of structural method. The study of synonymous series of the GLSPAC showed that out of 6108 terms, there are 250 synonymous series, which are united by 1090 synonymous relations. In total, 2499 terms-synonyms of the GLSPAC were sorted by the use frequency in the process of professional communication according to 5 groups. The results of the research will help in the reconstruction of the stages of formation and development of the GLSPAC and its existing paradigmatic relations (antonyms, homonyms).

PSYCHOLOGICAL FEATURES OF THE PROFESSIONAL ACTIVITY OF RESCUERS OF THE SPECIAL RISK RESCUE SERVICE OF THE MINISTRY OF EMERGENCIES OF THE REPUBLIC OF AZERBAIJAN

Sofiyeva Khanim Ramiz

Head of the Department of Medical and Psychological Help of the Ministry of Emergency Situations Azerbaijan Republic (Baku, Azerbaijan Republic)

ORCID ID: 0000-0002-3267-8209

Anotation. The scientific article outlines the authors’ view towards psychological features and psychological components of the professional activities of rescuers of the Special Risk Rescue Service of the Ministry of Emergencies of the Republic of Azerbaijan. For this objective, the following research methods are used: systematic analysis of scientific literature and regulations, comparisons, generalizations, systematization of information, observations, individual interviews, methods of expert evaluation. The data presented in the article will help conduct a psychological prognosis of the professional suitability of candidates for service in the Ministry of Emergencies of Azerbaijan. Prospects for further research may justify the need to change the format of professional selection in the Ministry of Emergencies of the Republic of Azerbaijan, based on the recent experience of the State Emergency Service of Ukraine.
Keywords: The scientific article outlines the authors’ view towards psychological features and psychological components of the professional activities of rescuers of the Special Risk Rescue Service of the Ministry of Emergencies of the Republic of Azerbaijan. For this objective, the following research methods are used: systematic analysis of scientific literature and regulations, comparisons, generalizations, systematization of information, observations, individual interviews, methods of expert evaluation. The data presented in the article will help conduct a psychological prognosis of the professional suitability of candidates for service in the Ministry of Emergencies of Azerbaijan. Prospects for further research may justify the need to change the format of professional selection in the Ministry of Emergencies of the Republic of Azerbaijan, based on the recent experience of the State Emergency Service of Ukraine.

PSYCHOLOGICAL THEORIES OF UNDERSTANDING THE ESSENCE OF POLYGRAPH RESEARCH

Regina Yaremchuk

Head of Polygraph Research Department
Ship Security Service (Kyiv, Ukraine)

ORCID ID: 0000-0002-8866-7947

Anotation. The main methodological approaches of explaining the results of polygraphic research are considered in the article. Based on the theoretical analysis, an attempt is made to analyze the most common approaches to the interpretation of polygraphic research indicators. The positions of scientists in the bosom of the theory of manifestations of memory, emotions, attention, “Preliminary theory of processes”, system approach, etc. are given. It is outlined that one of the main methodological tasks of the polygraph application is to define among the existing concepts the one that will be accepted by the majority of representatives of the scientific community. The vast majority of theoretical concepts are based on a correlation approach to explaining the mechanisms of physiological reactions and involve assessing the immediate significance of the stimulus. At the same time, these theories do not reveal the essence of the phenomenon itself. A systematic approach provides an opportunity to build a scientifically sound model that can be mathematically confirmed. It is assumed that the objects of polygraph testing are not individual mental cognitive processes, but primarily functional systems with differentiated adaptive outcomes.
Keywords: The main methodological approaches of explaining the results of polygraphic research are considered in the article. Based on the theoretical analysis, an attempt is made to analyze the most common approaches to the interpretation of polygraphic research indicators. The positions of scientists in the bosom of the theory of manifestations of memory, emotions, attention, “Preliminary theory of processes”, system approach, etc. are given. It is outlined that one of the main methodological tasks of the polygraph application is to define among the existing concepts the one that will be accepted by the majority of representatives of the scientific community. The vast majority of theoretical concepts are based on a correlation approach to explaining the mechanisms of physiological reactions and involve assessing the immediate significance of the stimulus. At the same time, these theories do not reveal the essence of the phenomenon itself. A systematic approach provides an opportunity to build a scientifically sound model that can be mathematically confirmed. It is assumed that the objects of polygraph testing are not individual mental cognitive processes, but primarily functional systems with differentiated adaptive outcomes.

FOREIGN MODELS OF LEGAL COUNTERACTION TO ILLICIT ENRICHMENT

Bohdan Bezghynskyi

Postgraduate Student at the Criminal Law Department
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-4362-153

Anotation. The article is about one of the most popular corruption offenses by officials – illicit enrichment. The proposed article analyzed the criminal legislation of foreign states regarding the establishment of criminal liability for illicit enrichment by analyzing the characteristics of its features to overcome these practical problems. The place of criminal legal for illicit enrichment in the international system anti-corruption legislation and main measures of criminal response to such crimes and conditions of exemption from criminal responsibility has been outlined in the world. The main method used at investigation is the method of comparative analysis, which was used to expose differences between criminalization for illicit enrichment in foreign states. The general conclusion was made that illicit enrichment has a number of differences in the foreign legislative system. These differences determine the features of the investigation of such crimes. In particular, such features are manifested in anti-corruption politics.
Keywords: The article is about one of the most popular corruption offenses by officials – illicit enrichment. The proposed article analyzed the criminal legislation of foreign states regarding the establishment of criminal liability for illicit enrichment by analyzing the characteristics of its features to overcome these practical problems. The place of criminal legal for illicit enrichment in the international system anti-corruption legislation and main measures of criminal response to such crimes and conditions of exemption from criminal responsibility has been outlined in the world. The main method used at investigation is the method of comparative analysis, which was used to expose differences between criminalization for illicit enrichment in foreign states. The general conclusion was made that illicit enrichment has a number of differences in the foreign legislative system. These differences determine the features of the investigation of such crimes. In particular, such features are manifested in anti-corruption politics.

PATENTING AS AN INSTRUMENT FOR THE PROTECTION OF INTELLECTUAL PROPERTY

Vyacheslav Bukovsky

Candidate of Legal Sciences, Applicant Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1759-3881

Anotation. The article analyzes the legal status and trends of patenting as a tool for intellectual property protection. The normative base of the patent legislation of Ukraine, the USA and the EU is considered and analyzed in detail. A comparative legal analysis of Ukraine, EU member states and North America on patenting as an effective administrative tool in the field of intellectual property protection. It is concluded that the Ukrainian patent legislation in order to harmonize with EU legislation has common key provisions on patenting as a tool in the field of intellectual property protection. With regard to US patent law, international efforts to create a level playing field have been successful, although some differences remain.
Keywords: The article analyzes the legal status and trends of patenting as a tool for intellectual property protection. The normative base of the patent legislation of Ukraine, the USA and the EU is considered and analyzed in detail. A comparative legal analysis of Ukraine, EU member states and North America on patenting as an effective administrative tool in the field of intellectual property protection. It is concluded that the Ukrainian patent legislation in order to harmonize with EU legislation has common key provisions on patenting as a tool in the field of intellectual property protection. With regard to US patent law, international efforts to create a level playing field have been successful, although some differences remain.

OBJECTIVE PARTY OF CRIMINAL OFFENSES PROVIDED BY ARTICLES 3662-3663 OF THE CRIMINAL CODE OF UKRAINE

Dmytro Volonets

Applicant of the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1347-9562

Anotation. The article considers the content of the objective side of the composition of criminal offenses under Art. 3662-3663 of the Criminal Code of Ukraine. It has been established that crimes in the form of declaring unreliable information and failure of the subject to declare a declaration of a person authorized to perform the functions of state or local self-government are criminal offenses of formal composition. It is proved that the objective side of the criminal offense under Art. 3662 of the Criminal Code of Ukraine, is characterized by criminally illegal action, which is to submit in the declaration of knowingly inaccurate information that differs from the reliable amount established by law (in the case of a criminal offense under Part 1 of Article 3662 of the Criminal Code of Ukraine – from 500 to 2000 subsistence minimums for able-bodied persons, and in the case of a crime enshrined in Part 2 of Article 3662 of the Criminal Code of Ukraine – more than 2,000 subsistence minimums for able-bodied persons).
Keywords: The article considers the content of the objective side of the composition of criminal offenses under Art. 3662-3663 of the Criminal Code of Ukraine. It has been established that crimes in the form of declaring unreliable information and failure of the subject to declare a declaration of a person authorized to perform the functions of state or local self-government are criminal offenses of formal composition. It is proved that the objective side of the criminal offense under Art. 3662 of the Criminal Code of Ukraine, is characterized by criminally illegal action, which is to submit in the declaration of knowingly inaccurate information that differs from the reliable amount established by law (in the case of a criminal offense under Part 1 of Article 3662 of the Criminal Code of Ukraine – from 500 to 2000 subsistence minimums for able-bodied persons, and in the case of a crime enshrined in Part 2 of Article 3662 of the Criminal Code of Ukraine – more than 2,000 subsistence minimums for able-bodied persons).

TO THE PROBLEM OF DETERMINING THE NATURE AND CONTENT OF DISCIPLINARY PROCEEDINGS AS AN IMPORTANT GUARANTEE OF THE REALIZATION OF LABOR RIGHTS OF EMPLOYEES

Daria Hlushkova

Postgraduate Student of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0001-5909-6367

Anotation. The article, based on the analysis of scientific views of scientists and the norms of current legislation, describes the content and reveals the importance of labor rights of employees. The essence of labor rights guarantees has been worked out and their classification has been carried out. The significance and features of disciplinary proceedings as one of the guarantees of labor rights of employees in modern labor law of Ukraine are established. The author's definition of the concept of disciplinary proceedings is offered. It is concluded that disciplinary proceedings are a guarantee that the employee's violation of labor discipline will be established in full, and the disciplinary measures applied to him, in particular, dismissal, will be objective in nature, corresponding to the degree of guilt. That is, disciplinary proceedings not only declare the need to analyze each case of violation of labor discipline, but embodies the obligation of the employer to decide on a negative change in the status of the employee and limit his rights only if the objective reasons, conditions and circumstances of disciplinary misconduct.
Keywords: The article, based on the analysis of scientific views of scientists and the norms of current legislation, describes the content and reveals the importance of labor rights of employees. The essence of labor rights guarantees has been worked out and their classification has been carried out. The significance and features of disciplinary proceedings as one of the guarantees of labor rights of employees in modern labor law of Ukraine are established. The author's definition of the concept of disciplinary proceedings is offered. It is concluded that disciplinary proceedings are a guarantee that the employee's violation of labor discipline will be established in full, and the disciplinary measures applied to him, in particular, dismissal, will be objective in nature, corresponding to the degree of guilt. That is, disciplinary proceedings not only declare the need to analyze each case of violation of labor discipline, but embodies the obligation of the employer to decide on a negative change in the status of the employee and limit his rights only if the objective reasons, conditions and circumstances of disciplinary misconduct.

CONCEPTS AND SIGNS OF THE ADMINISTRATIVE PROCESS IN CASES REGARDING APPEALS OF DECISIONS OF AUTHORITIES ON INVOLVEMENT OF PERSONS IN THE ADMINISTRATIVE DEPARTMENT IN UKRAINE

Liudmyla Domuschi

Researcher at the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-5124-8514

Anotation. The purpose of the article is to define and outline the concepts and features of the administrative process in cases of appealing against the decisions of the subjects of power to bring individuals to administrative responsibility in Ukraine, based on the work of legal scholars. Administrative proceedings in cases of appealing against decisions of subjects of power to bring persons to administrative responsibility in Ukraine are legal relations that are formed when a court resolves a public law dispute over the decision, action or inaction of subjects of power designed to restore and establish legal rights, freedoms and legitimate interests of citizens.
Keywords: The purpose of the article is to define and outline the concepts and features of the administrative process in cases of appealing against the decisions of the subjects of power to bring individuals to administrative responsibility in Ukraine, based on the work of legal scholars. Administrative proceedings in cases of appealing against decisions of subjects of power to bring persons to administrative responsibility in Ukraine are legal relations that are formed when a court resolves a public law dispute over the decision, action or inaction of subjects of power designed to restore and establish legal rights, freedoms and legitimate interests of citizens.

EMPIRICAL RESEARCH OF INDIVIDUAL STYLE OF PROFESSIONAL ACTIVITY IN REGARD TO LAW-ENFORCEMENT ACTIVITY TYPES OF POLICE OFFICERS

Viktoriia Yevtushenko

Postgraduate Student at the Department of Legal Psychology of the National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-1249-7662

Anotation. The article aims at generalization of scientific views on the notion of the individual style of activity and reporting results of the experiment concerning identification of individual style of police officers in regard to lawenforcement activity types. Applied methods include general scientific and psychological methods as well as theoretical (analysis, synthesis, comparison, generalization) and empirical (observation, testing) research methods. In order to process empirical data, quantitative and qualitative methods of experimental research have been used. The topicality of the paper is determined by the fact that the results of experimental research concerning identification of individual style of lawenforcement activity types of police officers (investigators, detective officers of the criminal investigation department, local police officers) have been claimed for the first time by the author. On the basis of empirical research results, it is stated that the formation of an individual style of police officers’ professional activity is essential for the development of the personality of a police officer as a subject of efficient professional activity. Furthermore, it provides an opportunity to offer recommendations concerning the formation and development of the individual activity style during the process of professional and psychological training as well as psychological support of NPU employees’ activity relating to different types of police activity (investigators, detective officers of the criminal investigation department, local police officers).
Keywords: The article aims at generalization of scientific views on the notion of the individual style of activity and reporting results of the experiment concerning identification of individual style of police officers in regard to lawenforcement activity types. Applied methods include general scientific and psychological methods as well as theoretical (analysis, synthesis, comparison, generalization) and empirical (observation, testing) research methods. In order to process empirical data, quantitative and qualitative methods of experimental research have been used. The topicality of the paper is determined by the fact that the results of experimental research concerning identification of individual style of lawenforcement activity types of police officers (investigators, detective officers of the criminal investigation department, local police officers) have been claimed for the first time by the author. On the basis of empirical research results, it is stated that the formation of an individual style of police officers’ professional activity is essential for the development of the personality of a police officer as a subject of efficient professional activity. Furthermore, it provides an opportunity to offer recommendations concerning the formation and development of the individual activity style during the process of professional and psychological training as well as psychological support of NPU employees’ activity relating to different types of police activity (investigators, detective officers of the criminal investigation department, local police officers).

THE ESSENCE AND FEATURES OF ENSURING THE RIGHTS OF POLICE OFFICERS IN THE FIELD OF LABOR PROTECTION

Illia Klochko

Postgraduate Student of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-0101-0709

Anotation. The article, based on the analysis of scientific views of scientists and current legislation, argued that the essence of ensuring the rights of police officers in the field of labor protection is to implement a set of various measures for police officers in their work, and aimed at saving lives, health and their professional suitability. The key factors that determine the peculiarities of ensuring the rights of police officers in the field of labor protection are highlighted. It is concluded that the peculiarities of ensuring the rights of police officers in the field of labor protection are due to: first, the sphere of their professional activity, which is characterized by increased danger; secondly, high-risk measures that should take into account various risk factors for police work; thirdly, measures to protect the work of police officers can be both general, regulated by labor law and covering all categories of workers, and special, which are built on rules that take into account the special working conditions of certain categories of police officers.
Keywords: The article, based on the analysis of scientific views of scientists and current legislation, argued that the essence of ensuring the rights of police officers in the field of labor protection is to implement a set of various measures for police officers in their work, and aimed at saving lives, health and their professional suitability. The key factors that determine the peculiarities of ensuring the rights of police officers in the field of labor protection are highlighted. It is concluded that the peculiarities of ensuring the rights of police officers in the field of labor protection are due to: first, the sphere of their professional activity, which is characterized by increased danger; secondly, high-risk measures that should take into account various risk factors for police work; thirdly, measures to protect the work of police officers can be both general, regulated by labor law and covering all categories of workers, and special, which are built on rules that take into account the special working conditions of certain categories of police officers.

FEATURES OF THE LEGAL STATUS OF A LAWYER AS A PARTICIPANT IN LABOR RELATIONS

Oleksandr Kraiz

Postgraduate Student of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-9190-2658

Anotation. The article, based on the analysis of scientific views of scientists, reveals the essence, content and characteristics of the category of “legal status”, on the basis of which the author’s definition of the legal status of lawyers is proposed. The content of the labor status of a lawyer as a participant in labor relations has been studied and its specifics have been highlighted. Emphasis is placed on the fact that the legal status of a lawyer as a participant in labor relations has a dual nature. It is concluded that in a relationship where a lawyer carries out the types of advocacy provided by national law, his employment status changes, as the provisions of special legislation are intensified, which: first, provide for the use of professional rights and the need to perform professional duties directly; secondly, determine the principles of advocacy; third, they set professional restrictions that a lawyer must strictly adhere to in his or her employment.
Keywords: The article, based on the analysis of scientific views of scientists, reveals the essence, content and characteristics of the category of “legal status”, on the basis of which the author’s definition of the legal status of lawyers is proposed. The content of the labor status of a lawyer as a participant in labor relations has been studied and its specifics have been highlighted. Emphasis is placed on the fact that the legal status of a lawyer as a participant in labor relations has a dual nature. It is concluded that in a relationship where a lawyer carries out the types of advocacy provided by national law, his employment status changes, as the provisions of special legislation are intensified, which: first, provide for the use of professional rights and the need to perform professional duties directly; secondly, determine the principles of advocacy; third, they set professional restrictions that a lawyer must strictly adhere to in his or her employment.

MECHANISMS OF INTERNATIONAL LEGAL REGULATION OF GLOBAL CLIMATE CHANGE UNDER THE PARIS AGREEMENT

Olga Nanarova

Postgraduate Student at the Department of International Law
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0002-3675-7385

Anotation. The Paris Agreement is a new global climate agreement that demonstrates the urgent need to find new forms of cooperation based on international employment law and sustainable development. The article reviews the key aspects of the Paris Agreement, defines its legal form, mechanisms for regulating climate change and options for international cooperation between member states in terms of compliance with this agreement. The legally binding nature of the agreement provides the basis for the establishment of an institutional framework, ensuring the functioning of clear procedures for transparency and accountability of the parties to the agreement; a high level of participation of governments, the private sector, the media in compliance with the provisions of Paris agreement is ensured.
Keywords: The Paris Agreement is a new global climate agreement that demonstrates the urgent need to find new forms of cooperation based on international employment law and sustainable development. The article reviews the key aspects of the Paris Agreement, defines its legal form, mechanisms for regulating climate change and options for international cooperation between member states in terms of compliance with this agreement. The legally binding nature of the agreement provides the basis for the establishment of an institutional framework, ensuring the functioning of clear procedures for transparency and accountability of the parties to the agreement; a high level of participation of governments, the private sector, the media in compliance with the provisions of Paris agreement is ensured.

THE CONCEPT OF CRIMINAL CHARACTERISTICS OF ILLEGAL FELLING AND SMUGGLING OF FORESTS COMMITTED BY AN ORGANIZED CRIMINAL GROUP

Anton Novitsky

Adjunct at the Department of Organization of Educational and Scientific Training
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-1181-5473

Anotation. In the article has been emphasized that forensic characterization is an integral and initial element of the method of illegal logging and smuggling of forests committed by an organized criminal group. It has been emphasized that the formation of forensic characteristics is a complex and time-consuming process of studying and summarizing criminal illegal activities related to illegal logging and smuggling of forests. It has been emphasized that with the help of knowledge about the elements of forensic characterization of illegal logging and smuggling of forests committed by an organized criminal group, it is possible to organize and correctly determine the direction of the investigation at the beginning of criminal proceedings without sufficient source information. It has been noted that in scientific works there is no unity in the interpretation of the concept of forensic characteristics, due to which there are some difficulties in the formation and use of relevant forensic characteristics in practice to detect, detect and investigate criminal offenses in general and illegal logging and smuggling criminal group, in particular. The essence of the concept of “forensic characteristics of criminal offenses” as a forensic category and a structural element of the methodology of investigation has been clarified. The author’s definition of the forensic characterization of illegal logging and smuggling of forests committed by an organized criminal group has been proposed.
Keywords: In the article has been emphasized that forensic characterization is an integral and initial element of the method of illegal logging and smuggling of forests committed by an organized criminal group. It has been emphasized that the formation of forensic characteristics is a complex and time-consuming process of studying and summarizing criminal illegal activities related to illegal logging and smuggling of forests. It has been emphasized that with the help of knowledge about the elements of forensic characterization of illegal logging and smuggling of forests committed by an organized criminal group, it is possible to organize and correctly determine the direction of the investigation at the beginning of criminal proceedings without sufficient source information. It has been noted that in scientific works there is no unity in the interpretation of the concept of forensic characteristics, due to which there are some difficulties in the formation and use of relevant forensic characteristics in practice to detect, detect and investigate criminal offenses in general and illegal logging and smuggling criminal group, in particular. The essence of the concept of “forensic characteristics of criminal offenses” as a forensic category and a structural element of the methodology of investigation has been clarified. The author’s definition of the forensic characterization of illegal logging and smuggling of forests committed by an organized criminal group has been proposed.

CRIMINAL CHARACTERISTICS OF CRIMES RELATED TO ILLEGAL EXTRACTION OF PRECIOUS STONES ORGANOGENIC FORMATION

Yana Pustovoitova

operative at the Main Directorate of the National Police in Kyiv region (Kyiv, Ukraine)

ORCID ID: 0000-0003-2838-4491

Anotation. In the provisions of the scientific article, the author, by analyzing the different views of scientists, criminal proceedings, the study of statistics, cites the problems associated with the illegal extraction of precious stones of organogenic formation as a crime against the environment. Indicates the need for further investigation of this type of crime, in particular its forensic characteristics and the formation on its basis of appropriate methods of investigation. Despite its absence, it proposes to use the recommendations available in other, forensically similar methods of investigating other crimes against the environment. As for the issues that have specifics and for the solution of which the current recommendations are not suitable, he proposes to develop and include in the methodology of investigation of illegal extraction of precious stones of organogenic formation. Provides the concept of forensic characteristics of this type of crime and its typical components, in particular the identity of the offender; motive and purpose of committing crimes; the circumstances of the crime; the subject of criminal encroachment; typical methods and typical trace picture, typical criminal consequences.
Keywords: In the provisions of the scientific article, the author, by analyzing the different views of scientists, criminal proceedings, the study of statistics, cites the problems associated with the illegal extraction of precious stones of organogenic formation as a crime against the environment. Indicates the need for further investigation of this type of crime, in particular its forensic characteristics and the formation on its basis of appropriate methods of investigation. Despite its absence, it proposes to use the recommendations available in other, forensically similar methods of investigating other crimes against the environment. As for the issues that have specifics and for the solution of which the current recommendations are not suitable, he proposes to develop and include in the methodology of investigation of illegal extraction of precious stones of organogenic formation. Provides the concept of forensic characteristics of this type of crime and its typical components, in particular the identity of the offender; motive and purpose of committing crimes; the circumstances of the crime; the subject of criminal encroachment; typical methods and typical trace picture, typical criminal consequences.

ON THE ISSUE OF PROVIDING THE DEFINITION «PROCEDURAL PROVISION OF PARTICIPATION OF PERSONS IN CRIMINAL PROCEEDING»

Andriy Svintsytskiy

Candidate of Law, Director of the Ukrainian Research Institute of Special Equipment and Forensic Science of the Security Service of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-2562-8852

Anotation. The article analyzes the views of scholars on the concept, nature and content of procedural support for the participation of persons in criminal proceedings. It is noted that the term «procedural support for the participation of persons in criminal proceeding» is almost never used in criminal procedural science, but widely known «measures of criminal procedural coercion», «measures to ensure criminal proceeding», «precautionary measures», «coercive measures» and so on. A comparative analysis of the content of these concepts. Under the procedural support in the criminal process of Ukraine it is proposed to understand the procedure defined by the legislation of Ukraine to involve participants in criminal proceedings at various stages of criminal proceedings, trials, etc., carried out in certain forms of the Criminal Procedure Code of Ukraine and entrusted to certain participants in criminal proceeding. With the help of this institution of criminal proceeding, the implementation of the principles of legality, the rule of law and the immediacy of the examination of testimony is ensured.
Keywords: The article analyzes the views of scholars on the concept, nature and content of procedural support for the participation of persons in criminal proceedings. It is noted that the term «procedural support for the participation of persons in criminal proceeding» is almost never used in criminal procedural science, but widely known «measures of criminal procedural coercion», «measures to ensure criminal proceeding», «precautionary measures», «coercive measures» and so on. A comparative analysis of the content of these concepts. Under the procedural support in the criminal process of Ukraine it is proposed to understand the procedure defined by the legislation of Ukraine to involve participants in criminal proceedings at various stages of criminal proceedings, trials, etc., carried out in certain forms of the Criminal Procedure Code of Ukraine and entrusted to certain participants in criminal proceeding. With the help of this institution of criminal proceeding, the implementation of the principles of legality, the rule of law and the immediacy of the examination of testimony is ensured.

HISTORICAL AND LEGAL SIGNIFICANCE AND SOCIO-POLITICAL ESSENCE OF THE TREATY OF HADIACH

Yaroslav Sonko

Postgraduate Student at the Department of History of State and Law
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-4866-7771

Anotation. The article is devoted to the study of the Treaty of Hadiach and its socio-political significance in the context of the history of Ukrainian statehood. The direct role of the agreement, its further influence on the functioning and formation of the basic principles of the state-legal system of the Hetmanate are analyzed and outlined in detail. The key causal aspects of the strategy of foreign policy, the formation of the specifics of legal norms and the improvement of international diplomatic relations as part of the process of state formation of Hetman Ukraine are highlighted. In addition, attention is focused on the problems of implementation of political and ideological concepts of the agreement, the leading lawmaking provisions and its main points. A comprehensive analysis of foreign publications based on individual Polish sources, a large set of documents, archival materials that were previously little used by historiography in relation to the development of state legal policy of Hetman Ivan Vyhovsky.
Keywords: The article is devoted to the study of the Treaty of Hadiach and its socio-political significance in the context of the history of Ukrainian statehood. The direct role of the agreement, its further influence on the functioning and formation of the basic principles of the state-legal system of the Hetmanate are analyzed and outlined in detail. The key causal aspects of the strategy of foreign policy, the formation of the specifics of legal norms and the improvement of international diplomatic relations as part of the process of state formation of Hetman Ukraine are highlighted. In addition, attention is focused on the problems of implementation of political and ideological concepts of the agreement, the leading lawmaking provisions and its main points. A comprehensive analysis of foreign publications based on individual Polish sources, a large set of documents, archival materials that were previously little used by historiography in relation to the development of state legal policy of Hetman Ivan Vyhovsky.

FORMS OF PUBLIC AND SERVICE ACTIVITY OF THE NATIONAL POLICE OF UKRAINE

Vadim Troyan

Applicant of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0001-6415-2215

Anotation. Forms of public service activities of the National Police have been studied through the prism of the adoption of permits, which are related to the expression of will of the National Police, whose right to carry out public service activities is determined by current legislation. It is proposed to understand the form of public service activity of the National Police as an outwardly expressed action of police bodies or their officials (police), carried out within the powers provided by regulations in order to achieve their goals and objectives to ensure human rights and freedoms, as well as protection of the interests of society and the state, maintenance of public order and security, counteraction to crime. The main features that are inherent in the forms of public service activities of the National Police are identified: 1) the presence of legal regulations provided by regulations or their formal definition; 2) the existence of legal consequences for recipients of services; 3) focus on the implementation of state powers inherent in the National Police.
Keywords: Forms of public service activities of the National Police have been studied through the prism of the adoption of permits, which are related to the expression of will of the National Police, whose right to carry out public service activities is determined by current legislation. It is proposed to understand the form of public service activity of the National Police as an outwardly expressed action of police bodies or their officials (police), carried out within the powers provided by regulations in order to achieve their goals and objectives to ensure human rights and freedoms, as well as protection of the interests of society and the state, maintenance of public order and security, counteraction to crime. The main features that are inherent in the forms of public service activities of the National Police are identified: 1) the presence of legal regulations provided by regulations or their formal definition; 2) the existence of legal consequences for recipients of services; 3) focus on the implementation of state powers inherent in the National Police.

THE ROLE OF LEGAL PRINCIPLES IN THE PSYCHOLOGY OF INTERACTION OF THE INVESTIGATOR (DETECTIVE) WITH THE PROSECUTOR IN THE PROCESS OF INVESTIGATION CORRUPTION CRIMES

Yurii Khyt

Applicant at the Department of Legal Psychology National Academy of Internal Affairs, Prosecutor of the Specialized Anti-Corruption Prosecutor's Office (Kyiv, Ukraine)

ORCID ID: 0000-0003-1012-9062

Anotation. The paper considers the issues of improving the understanding of general and special legal principles, which determine the effective legal and psychological interaction between the investigator and the prosecutor in the criminal process, taking into account modern research in the field of legal psychology. Various scientific approaches to understanding the effective interaction between the investigator and the prosecutor, based on the principles of legality, the presumption of innocence and ensuring guilt, compliance with reasonable deadlines for pre-trial investigation of criminal proceedings are analyzed. In the legal and psychological doctrine of Ukraine, there are currently significant changes in approaches to understanding the principles of interaction between the investigator and the prosecutor. Legal and psychological interaction between the investigator and the prosecutor is impossible without an appropriate level of coordination and communication at its various stages and is a key condition for ensuring an effective pre-trial investigation. Effective legal and psychological interaction between the investigator and the prosecutor is impossible without a deep understanding by the participants of such interaction of the basic principles of legality, presumption of innocence and ensuring proof of guilt, reasonable time and efficiency of pre-trial investigation.
Keywords: The paper considers the issues of improving the understanding of general and special legal principles, which determine the effective legal and psychological interaction between the investigator and the prosecutor in the criminal process, taking into account modern research in the field of legal psychology. Various scientific approaches to understanding the effective interaction between the investigator and the prosecutor, based on the principles of legality, the presumption of innocence and ensuring guilt, compliance with reasonable deadlines for pre-trial investigation of criminal proceedings are analyzed. In the legal and psychological doctrine of Ukraine, there are currently significant changes in approaches to understanding the principles of interaction between the investigator and the prosecutor. Legal and psychological interaction between the investigator and the prosecutor is impossible without an appropriate level of coordination and communication at its various stages and is a key condition for ensuring an effective pre-trial investigation. Effective legal and psychological interaction between the investigator and the prosecutor is impossible without a deep understanding by the participants of such interaction of the basic principles of legality, presumption of innocence and ensuring proof of guilt, reasonable time and efficiency of pre-trial investigation.

THEORETICAL-LEGAL BASIS OF PROVISION OF ADMINISTRATIVE SERVICES OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE TO PROVIDE FACILITIES OF THE PERMIT SYSTEM

Anastasia Chepizhko

Associate Professor Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-7395-9541

Anotation. Changes in the criminal legislation of Ukraine have occurred in the sphere of illegal trafficking of firearms, munitions, explosive materials, explosive devices, as well as in connection with the reform of all state authorities and anti-terrorist operation, which is taking place on the territory of Ukraine since 2014, This has led to the distribution of an extremely large number of weapons, munitions and explosive materials, which are not registered with the National Police authorities and their illegal distribution already poses an increased threat to the public and the national security of the state. Progressive development of the Ukrainian state not least depends on the stability of social relations, protection of individual interests and requires effective work of all law enforcement bodies, in particular the National Police. A significant role in the implementation of the tasks prescribed by the statutory law, belongs to the activity of the National Police in the sphere of ensuring licensing procedures.
Keywords: Changes in the criminal legislation of Ukraine have occurred in the sphere of illegal trafficking of firearms, munitions, explosive materials, explosive devices, as well as in connection with the reform of all state authorities and anti-terrorist operation, which is taking place on the territory of Ukraine since 2014, This has led to the distribution of an extremely large number of weapons, munitions and explosive materials, which are not registered with the National Police authorities and their illegal distribution already poses an increased threat to the public and the national security of the state. Progressive development of the Ukrainian state not least depends on the stability of social relations, protection of individual interests and requires effective work of all law enforcement bodies, in particular the National Police. A significant role in the implementation of the tasks prescribed by the statutory law, belongs to the activity of the National Police in the sphere of ensuring licensing procedures.

ASSESSMENT OF THE LEGALITY OF RECOGNIZING THE AGREEMENTS INVALID DURING THE IMPLEMENTATION OF TAX DISPUTE RESOLUTION PROCEDURES

Iryna Shugaleyeva

Postgraduate Student at the Department of Financial Law Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-4310-5630

Anotation. Scientific work is devoted to the implementation of procedures for resolving tax disputes, in particular the assessment of the legality of invalidation of agreements during the implementation of such procedures. Cases concerning the recognition of agreements concluded by taxpayers as invalid by controlling bodies in the article are allocated to a separate category of tax disputes. An array of case law on the assessment of the legality and legality of agreements concluded by taxpayers by the controlling body is analyzed. The article emphasizes that in characterizing the judicial aspect of invalidation of agreements, it is necessary to keep in mind the need to prove the wrongful purpose of such an agreement. According to the results of the study, the author concluded that the supervisory authorities, like any other public authority, should act exclusively within the powers granted to them, which is guaranteed by the Constitution of Ukraine; supervisory authorities do not have the right to declare transactions null and void at their own discretion, as such a fact is established in court; the tax consequences of the invalidity of agreements may be applied only when the agreements are declared invalid in court.
Keywords: Scientific work is devoted to the implementation of procedures for resolving tax disputes, in particular the assessment of the legality of invalidation of agreements during the implementation of such procedures. Cases concerning the recognition of agreements concluded by taxpayers as invalid by controlling bodies in the article are allocated to a separate category of tax disputes. An array of case law on the assessment of the legality and legality of agreements concluded by taxpayers by the controlling body is analyzed. The article emphasizes that in characterizing the judicial aspect of invalidation of agreements, it is necessary to keep in mind the need to prove the wrongful purpose of such an agreement. According to the results of the study, the author concluded that the supervisory authorities, like any other public authority, should act exclusively within the powers granted to them, which is guaranteed by the Constitution of Ukraine; supervisory authorities do not have the right to declare transactions null and void at their own discretion, as such a fact is established in court; the tax consequences of the invalidity of agreements may be applied only when the agreements are declared invalid in court.

DIRECTIONS FOR IMPROVING THE LEGISLATION, WHICH ENSHRINES THE PRINCIPLES OF LEGAL REGULATION OF JUDGES

Bohdan Yaresko

Postgraduate Student of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-0012-0668

Anotation. The article, based on the analysis of current legislation, critically analyzes the provisions of the “Concept of improving the judiciary to establish a fair court in Ukraine in accordance with European standards” and “Strategy for the development of justice and constitutional justice for 2021–2023”. Emphasis is placed on the gaps in the current legislation, the rules of which regulate the work of judges. The directions of overcoming the corresponding gaps and shortcomings are offered. Emphasis was placed on the need to review the system of selection of judges, which is important in terms of overcrowding, in which many judges currently have to work, in terms of providing the judiciary with quality and professional staff. That is why a properly organized system of selection of judges is in fact a guarantee of the implementation of the principles of exercising the right to work by judges.
Keywords: The article, based on the analysis of current legislation, critically analyzes the provisions of the “Concept of improving the judiciary to establish a fair court in Ukraine in accordance with European standards” and “Strategy for the development of justice and constitutional justice for 2021–2023”. Emphasis is placed on the gaps in the current legislation, the rules of which regulate the work of judges. The directions of overcoming the corresponding gaps and shortcomings are offered. Emphasis was placed on the need to review the system of selection of judges, which is important in terms of overcrowding, in which many judges currently have to work, in terms of providing the judiciary with quality and professional staff. That is why a properly organized system of selection of judges is in fact a guarantee of the implementation of the principles of exercising the right to work by judges.